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FIRST INSERTION
NOTICE OF ACTION IN
EMINENT DOMAIN AND
NOTICE OF PETITION DATE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 23-009047-CI
UCN: 522023CA009047XXCICI
Parcel Nos. P706A-R1, P706B-R1,
P706C-R1, P706D-R2, P706E,
P706F, P706G, P806, P816, P707-
R1, P807, P708, P711, P811
PINELLAS COUNTY, a political
subdivision of the State of Florida,
Petitioner vs.
BAY SHORE PARK INC., a Florida
Corporation; ROBERT N. FAISON; LISA M. FAISON; MONDI TOMA; MICHAEL MOUGROS as Trustee of the MOUGROS FAMILY
REVOCABLE TRUST; TRUIST BANK, as successor by merger to
Suntrust Bank, a Foreign
Corporation; CHARLES W. THOMAS, Pinellas County
Tax Collector; KEN BURKE,
Pinellas County Clerk of the Circuit Court; and ALL UNKNOWN
PERSONS having an interest in the property to be condemned.
Defendants.
TO: The following Defendants:
BAY SHORE PARK INC., a Florida Corporation, ROBERT FAISON, LISA FAISON, MONDI TOMA, MICHAEL MOUGROS as Trustee of the MOUGROS FAMILY REVOCABLE TRUST, TRUIST BANK, as successor by merger to Suntrust Bank, a Foreign Corporation, CHARLES W. THOMAS, Pinellas County Tax Collector, KEN BURKE, Pinellas County Clerk of the Circuit Court, and ALL UNKNOWN PERSONS having an interest in the property to be condemned, the unknown spouses, heirs, devisees, grantees, creditors, lienors or other parties claiming interests by, through, under, or against the named Defendants; if alive; and if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors; and all other parties having or claiming to have any right, title or interest in the property described below:
PARCEL P706A-R1
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A rectangular shaped tract, being a portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W, 198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence N89°10'16”W (N89°41'00”W per Deed) along said North line, for a distance of 99.97 feet to the POINT OF BEGINNING; thence S00°49'44”W, for a distance of 3.22 feet; thence N85°38'39”W, for a distance of 10.02 feet; thence N00°49'44”E, for a distance of 2.60 feet returning to the aforementioned North line of said parcel described in Official Records Book 6523, Page 2374; thence S89°10'16”E (N89°41'00”W per Deed) along said North line, for a distance of 10.00 feet to the POINT OF BEGINNING.
CONTAINING: 29 square feet or 0.001 acres, more or less.
PARCEL P706B-R1
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A rectangular shaped tract, being a portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence N89°10'16”W (N89°41'00”W per Deed) along said North line, for a distance of 18.47 feet to the POINT OF BEGINNING; thence S00°49'44”W, for a distance of 3.91 feet; thence N89°14'17”W, for a distance of 8.00 feet; thence N00°49'44”E, for a distance of 3.92 feet returning to the aforementioned North line of said parcel recorded in Official Records Book 6523, Page 2374; thence S89°10'16”E (S89°41'00”E per Deed) along said North line, for a distance of 8.00 feet to the POINT OF BEGINNING.
CONTAINING: 31 square feet or 0.001 acres, more or less.
PARCEL P706C-R1
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A rectangular shaped tract, being a portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence along said North line S84°55'16”E (S85°26'00”E per Deed), for a distance of 102.59 feet to the POINT OF BEGINNING; thence continue along said line S84°55'16”E (S85°26'00”E per Deed), for a distance of 10.01 feet; thence S05°04'44”W, for a distance of 7.12 feet; thence N83°24'28”W, for a distance of 10.01 feet; thence N05°04'44”E, for a distance of 6.86 feet to the POINT OF BEGINNING.
CONTAINING: 70 square feet or 0.002 acres, more or less.
PARCEL P706D-R2
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas
County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence along said North line S84°55'16”E (S85°26'00”E per Deed), for a distance of 244.35 feet to the POINT OF BEGINNING; thence continue along said North line S84°55'16”E, for a distance of 95.40 feet; thence S05°04'44”W, for a distance of 5.00 feet; thence N84°55'17”W, for a distance of 21.87 feet; thence N79°02'45”W, for a distance of 22.07 feet; thence S54°31'43”W, for a distance of 13.46 feet; thence S08°15'32”W, for a distance of 13.53 feet; thence N84°55'16”W, for a distance of 25.93 feet; thence N08°10'29”W, for a distance of 18.04 feet; thence N82°20'51”W,
for a distance of 10.54 feet; thence N05°04'44”E, for a distance of 6.97 feet to the POINT OF BEGINNING.
CONTAINING: 1072 square feet or 0.024 acres, more or less.
PARCEL P706E
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas
County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence along said North line S84°55'16”E (S85°26'00”E per Deed), for a distance of 210.21 feet to the POINT OF BEGINNING; thence continue along said North line S84°55'16”E, for a distance of 10.00 feet; thence S05°04'44”W, for a distance of 6.43 feet; thence N84°55'16”W, for a distance of 10.00 feet; thence N05°04'44”E, for a distance of 6.43 feet to the POINT OF BEGINNING.
CONTAINING: 64 square feet or 0.001 acres, more or less.
PARCEL P706F
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas
County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence along said North line S84°55'16”E (S85°26'00”E per Deed), for a distance of 348.75 feet to the POINT OF BEGINNING; thence continue along said North line S84°55'16”E, for a distance of 34.83 feet to a point on the mean high water line of Tarpon Bayou as defined by the existing concrete seawall; thence along said mean high water line the following two (2) courses; (1) S44°11'21”W, for a distance of 3.80 feet; (2) S09°43'14”E, for a distance of 2.12 feet; thence leaving said mean high water line, N84°55'17”W, for a distance of 19.56 feet; thence N08°20'41”W, for a distance of 4.37 feet; thence N83°58'33”W, for a distance of 3.63 feet; thence S09°48'10”W, for a distance of 4.32 feet; thence N84°56'03”W, for a distance of 8.41 feet; thence N05°04'44”E, for a distance of 5.00 feet to the POINT OF BEGINNING.
CONTAINING: 148 square feet or 0.003 acres, more or less.
PARCEL P706G
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A rectangular shaped tract, being a portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive and the POINT OF BEGINNING;
thence S00°49'44”W, for a distance of 3.89 feet; thence N89°14'17”W, for a distance of 6.02 feet; thence N00°49'44”E, for a distance of 3.89 feet returning to the aforementioned North line of said parcel recorded in Official Records Book 6523, Page 2374; thence S89°10'16”E (S89°41'00”E per Deed) along said North line, for a distance of 6.02 feet to the POINT OF BEGINNING.
CONTAINING: 23 square feet or 0.001 acres, more or less.
PARCEL P806
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
An irregular shaped tract, being a portion of that certain parcel, as described in Official Records Book 6523, Page 2374, public records of Pinellas County, Florida, in Section 11, Township 27 South, Range 15 East, Pinellas County, Florida, being described as follows:
Commencing at the Southeast corner of Lot 1, E.M. SMITHS BAYOU SUBDIVISION REVISED, recorded in Plat Book 21, Page 63, public records of Pinellas County, Florida; thence N84°55'16”W, for a distance of 197.29 feet (N89°26'00”W 197.95 feet per Deed; N85°26'W,
198.23 feet per Plat) along the North Right-of-Way line of Riverside Drive; thence S02°57'14”W, for a distance of 40.03 feet (S02°24'36”W, 40.03 feet per Deed) to a point on the North line of the aforementioned parcel described in Official Records Book 6523, Page 2374, the
same being the South Right-of-Way line of Riverside Drive; thence N89°10'16”W (N89°41'00”W per Deed) along said North line, for a distance of 183.80 feet to the POINT OF BEGINNING; thence S14°06'17”W, for a distance of 10.63 feet; thence S89°41'22”W, for a distance of 14.22 feet; thence N14°22'22”W, for a distance of 11.01 feet to the Northwest corner of said parcel described in Official Records Book 6523, Page 2374; thence S89°10'16”E (N89°41'00”W per Deed) along said North line of Official Recordfs Book 6523, Page 2374, for a distance of 19.54 feet to the POINT OF BEGINNING.
CONTAINING: 177 square feet or 0.004 acres, more or less.
PARCEL P816
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of the grantor's tract as described in Official Records Book 6523, Page 2374 of the public records of Pinellas County, Florida and being further described as follows:
A 1 foot strip of upland lying one foot westerly of the mean high water line of Tarpon Bayou lying within 22.0 feet of the North line of said parcel as described in Official Records Book 6523, Page 2374, said North line also being the South Right of Way line of Riverside Drive.
Said parcel containing 22 square feet more or less.
PARCEL P707-R1
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of the Grantor's tract as recorded in Official Records Book 8964, Page 1986, of the Public Records of Pinellas County, Florida, lying in Section 11, Township 27 South, Range 15 East and being more particularly described as follows:
The South 5.00 feet of the following described parcel:
Beginning at a stake on the West Shore of Tarpon Bayou 532.97 feet north of the South line of the Northeast 1/4 of the Southeast 1/4 of Section 11, Township 27 South, Range 15 East, running thence 166.0 feet West; thence North 100.0 feet; thence East 150.0 feet to the West shore of Tarpon Bayou; thence South along said shore of Tarpon Bayou to the Point of beginning.
Said South 5.00 feet lying North of and adjacent to the North right of way line of Riverside Drive, and lying West of and Adjacent to the existing concrete seawall along the East boundary of said parcel described in Official Records Book 8964, Page 1986.
Containing 835 square feet or 0.019 acres more or less.
PARCEL P807
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of the grantor's tract as recorded in Official Records Book 8974, Page 1986 of the public records of Pinellas County, Florida and being further described as follows:
A 1 foot strip of upland lying one foot westerly of the mean high water line of Tarpon Bayou lying within 9.5 feet of the South line of said tract described Official Records Book 8974, Page 1986, said South line also being the North right-of-way line of Riverside Drive.
Containing 9.5 square feet more or less.
PARCEL P708
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of the Grantors tract, as recorded in Official Records Book 16899, Page 2544, Recorded in the Public Records of Pinellas County, Florida, being more particularly described as follows:
The South 2.00 feet of the East 30.00 feet of Lot 1, E.M. SMITH'S BAYOU SUBDIVISION, according to the plat thereof as recorded in Plat Book 21, Page 63, of the Public Records of Pinellas County, Florida, lying in Section 11, Township 27 South, Range 15 East, Pinellas County, Florida.
Containing 60 square feet or 0.001 acres more or less.
PARCEL P711
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of the Grantor's tract as described in Official Records Book 21441, Page 2591, recorded in the Public Records of Pinellas County, Florida and being more particularly described as follows:
The South 2.00 feet of Lots 5, 6 and 7, E.M. SMITHS BAYOU SUBDIVISION, as recorded in Plat Book 21, Page 63 of the Public Records of Pinellas County, Florida, lying in Section 11, Township 27 South, Range 15 East, less and except the following described portion of said Lot 7:
BEGINNING at the Southwest corner of said Lot 7, run thence Northerly along the west line thereof, a distance of 6.73 feet; thence Southwesterly, a distance of 12.05 feet to a point on the South line of said Lot 7, said point being 9.97 feet easterly of the Southwest corner of said Lot 7; thence along said South line Westerly, a distance of 9.97 feet to THE POINT OF BEGINNING.
Containing 273 square feet or 0.006 acres more or less.
PARCEL P811
SECTION(S) 11, TOWNSHIP 27 SOUTH, RANGE 15 EAST
DESCRIPTION
A portion of the Grantor's tract as described in Official Records Book 21441, Page 2591, recorded in the Public Records of Pinellas County, Florida and being more particularly described as follows:
A portion of Lot 7, E.M. SMITHS BAYOU SUBDIVISION, as recorded in Plat Book 21, Page 63 of the Public Records of Pinellas County, Florida, lying in Section 11, Township 27 South, Range 15 East, furhter described as follows:
BEGINNING at the Southwest corner of said Lot 7, run thence Northerly along the west line thereof, a distance of 6.73 feet; thence Southwesterly, a distance of 12.05 feet to a point on the South line of said Lot 7, said point being 9.97 feet easterly of the Southwest corner of said Lot 7; thence along said South line Westerly, a distance of 9.97 feet to THE POINT OF BEGINNING.
Containing 34 square feet or 0.001 acres more or less.
A Petition in Eminent Domain, together with a Declaration of Taking, has been filed to acquire certain property interests in Pinellas County, Florida.
Each Defendant is required to serve written defenses, if any, to said Petition on Andrew P. Keefe, Esquire, Assistant County Attorney, Pinellas County Attorney's Office, 315 Court Street, Sixth Floor, Clearwater, FL 33756, on or before December 11, 2023, and to file the original of said written defenses with the Clerk of this Court, either before service on the Petitioner's Attorney or immediately thereafter, to show what right, title, interest, or lien the Defendant, or any of you have in or to the property described in said Petition, and to show cause, if any you have, why said properties should not be taken for the uses and purposes as set forth in the Petition filed herein. If any Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Petition.
PLEASE TAKE NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner will apply for an Order of Taking, and any other Order the Court deems proper, before the Honorable George M. Jirotka, Circuit Court Judge of this Court, on Wednesday, the 13th day of December, 2023, at 8:00 a.m., in Chambers at the Pinellas County Courthouse, 315 Court Street, Room 421, Clearwater, Florida. All Defendants in this action may request a hearing at the time and place designated to be heard. Any Defendant failing to file a request for hearing shall waive any right to object to the 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 Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and seal as Clerk of the Circuit Court in and for Pinellas County, Florida, this 14 day of November, 2023.
Ken Burke
Clerk of the Circuit Court
315 Court Street, Clearwater, FL 33756
By: /s/ Thomas Smith
Deputy Clerk
/s/Andrew P. Keefe
ANDREW P. KEEFE
FL Bar No. 125248
Assistant County Attorney
Pinellas County Attorney's Office
315 Court Street, Sixth Floor
Clearwater, FL 33756
Phone: 727/464-3354 /
Fax: 727/464-4147
Primary E-mail: [email protected]
Secondary E-mail:
[email protected]
Attorney for PINELLAS COUNTY
PCAO 455313
November 17, 24, 2023 23-05071N