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NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT IN AND FOR THE TWELFTH JUDICIAL
CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION NO.:
2023-CA-007569
PARCEL NO.: 128/716/809
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
THE MILMAN FAMILY LIMITED PARTNERSHIP, A NEW JERSEY LIMITED PARTNERSHIP;
CENTERGATE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY REGISTERED TO DO BUSINESS IN THE STATE OF FLORIDA;
JOHN W. MESHAD, AS TRUSTEE U/D; LABORATORY CORPORATION OF AMERICA, A
DELAWARE CORPORATION D/B/A LABCORP; SOUTH WEST DISTRICT, FLORIDA ANNUAL
CONFERENCE, UNITED METHODIST CHURCH, INC.,
A FLORIDA NOT-FOR-PROFIT CORPORATION; WALGREEN CO., AN ILLINOIS CORPORATION;
BARBARA FORD-COATES, TAX COLLECTOR
Defendants.
STATE OF FLORIDA TO:
The Milman Family Limited Partnership, a New Jersey Limited Partnership
SERVE: Jeffrey Baum, as Registered Agent
2125 Center Avenue, Suite 105
Fort Lee, NJ 07024
To all said Defendants who are living, and if any or all Defendants are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased defendant or defendants, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased Defendant or Defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to wit:
FP. NO. 2012775
SECTION 17075-000 STATE ROAD 98 (I-75) SARASOTA COUNTY DESCRIPTION
PARCEL 128
ESTATE OR INTEREST TO BE OBTAINED: FEE SIMPLE - RIGHT OF WAY
That portion of Lot 5, Block 1, and that portion of a 30' Unnamed Road, Sarasota-Venice Company, Subdivision of Section One, a subdivision lying in Section 1, Township 37 South, Range 18 East, as per plat thereof recorded in Plat Book A, Page 12, Public Records of Sarasota County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 1, said corner being on the survey baseline of State Road 758 (Bee Ridge Rd); thence along the north line of said northeast 1/4 and said survey baseline South 89°38'33” East a distance of 335.58 feet; thence South 00°21'27” West a distance
of 49.51 feet to the south existing right of way line of said State Road 758 (per Road Plat Book 3, Page 41, Public Records of Sarasota County, Florida) for a POINT OF BEGINNING; thence continue South 00°21'27” West a distance of 18.34 feet; thence North 89°38'33” West a distance of 71.81 feet; thence North 47°52'35” West a distance of 16.56 feet; thence South 89°23'00” West a distance of 14.09 feet; thence North 65°35'15” West a distance of 22.25 feet; thence South 89°51'53” West a distance of 124.93 feet; thence South 88°27'08” West a distance of 36.13 feet; thence South 01°32'52” East a distance of 17.59 feet; thence North 89°38'33” West a distance of 50.98 feet to the west line of a Sarasota County Access Maintenance Easement (per Official Records Instrument #2001130490, Public Records of Sarasota County, Florida); thence along said west line North 00°21'27” East a distance of 17.85 feet; thence South 89°38'33” East a distance of 29.42 feet; thence North 00°21'27” East a distance of 25.00 feet to said south existing right of way line; thence along said south existing right of way line the following five (5) courses: 1) South 89°38'33” East a distance of 20.23 feet; 2) South 85°10'02” East a distance of 25.76 feet; 3) South 89°38'33” East a distance of 254.11 feet; 4) South 00°13'42” East a distance of 22.50 feet; 5) South 89°38'33” East a distance of 0.33 feet to the end of said courses and to the POINT OF BEGINNING.
Containing 9,259 square feet.
FP. NO. 2012775
SECTION 17075-000 STATE ROAD 93 (I-75) SARASOTA COUNTY DESCRIPTION
PARCEL 716
ESTATE OR INTEREST TO BE OBTAINED: TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 5, Block 1, Sarasota-Venice Company, Subdivision of Section One, a subdivision lying in Section 1, Township 37 South, Range 18 East, as per plat thereof recorded in Plat Book A, Page 12, Public Records of Sarasota County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 1, said corner being on the survey baseline of State Road 758 (Bee Ridge Rd); thence along the north line of said northeast 1/4 and said survey baseline South 89°38'33” East a distance of 335.58 feet; thence South 00°21'27” West a distance
67.85 feet for a POINT OF BEGINNING; thence continue South 00°21'27” West a distance 25.56 feet; thence South 89°37'48” West a distance of 73.49 feet; thence North 01°07'12” West a distance of 26.50 feet; thence South 89°38'33” East a distance of 74.16 feet to the POINT OF BEGINNING.
Containing 1,921 square feet.
The purpose of this Temporary Construction Easement is for ingress and egress to construct the roadway and drainage proposed for I-75 at Bee Ridge Road Interchange project, which includes construction on I-75, Bee Ridge Road and Cattleman Road. Expiration date is July 25, 2033.
FP. NO. 2012775
SECTION 17075-000 STATE ROAD 98 (I-75) SARASOTA COUNTY DESCRIPTION
PARCEL 809
ESTATE OR INTEREST TO BE OBTAINED: PERPETUAL EASEMENT
That portion of Lot 5, Block 1, Sarasota-Venice Company, Subdivision of Section One, a subdivision lying in Section 1, Township 37 South, Range 18 East, as per plat thereof recorded in Plat Book A, Page 12, Public Records of Sarasota County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 1, said corner being on the survey baseline of State Road 758 (Bee Ridge Rd); thence along the north line of said northeast 1/4 and said survey baseline South 89°38'33” East a distance of 251.43 feet; thence South 00°21'27” West a distance
of 56.82 feet for a POINT OF BEGINNING; thence South 47°52'35” East a distance of 1.72 feet; thence North 90°00'00” West a distance a 42.72 feet; thence North 85°11'50” West a distance of 118.25 feet; thence North 89°51'53” East a distance of 124.93 feet; thence South 65°35'15” East a distance of 22.25 feet; thence North 89°23'00” East a distance of 14.09 feet to the POINT OF BEGINNING.
Containing 801 square feet.
The purpose of this Perpetual Easement is for maintenance of the tie-in slope before, after and
behind the gravity wall.
You are each notified that the Petitioner filed its Petition and its Declaration of Taking in this Court against you as Defendants, seeking to condemn by eminent domain proceedings the above-described property located in the State of Florida, County of Sarasota.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable Stephen Walker, one of the Judges of this Court, on the 11th day of January, A.D., 2024, at 2:00 o'clock, P.M., via Zoom:
Div A Standing ZOOM Meeting;
Meeting ID: 465 693 0098,
Password: 568290; Audio only:
1-786-635-1003
for an Order of Taking in this cause. All Defendants to this suit may request a hearing at the time and place designated and be heard. Any defendant failing to file a request for hearing shall waive any right to object to the Order of Taking.
AND
Each defendant is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition:
DEPARTMENT OF TRANSPORTATION
Post Office Box 1249
Bartow, Florida 33831
C/O Andrew J. DeNering
Assistant General Counsel
(863) 519-2623
Florida Bar No.: 975117
on or before the 11th day of December, 2023, and file the originals with the Clerk of this Court on that date, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition. If you fail to answer, a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
WITNESS MY HAND AND SEAL of said Court on the 10/24/2023
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
CLERK OF THE CIRCUIT COURT
(SEAL) /s/
Deputy Clerk
November 3, 10, 2020 23-02337S