23-01525K

NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT IN AND FOR THE TENTH JUDICIAL
CIRCUIT, IN AND FOR POLK COUNTY, FLORIDA
CIVIL ACTION NO.:
2023-CA-005745
PARCEL NO.: 100AB
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, vs
FLEETWING CORPORATION, A FLORIDA CORPORATION; DAVID RICKETTS; HARRIS AND
COMPANY, INC., A FLORIDA
CORPORATION; WRIGHT GRINER; JOE G. TEDDER, TAX COLLECTOR
Defendants,
STATE OF FLORIDA TO:
Wright Griner
14004 Citrus Pointe Drive
Tampa, FL 33625
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:
F.P. NO. 4449061
SECTION 16011-000 STATE ROAD 572 (DRANE FIELD ROAD) POLK COUNTY DESCRIPTION
PARCEL 100
ESTATE OR INTEREST TO BE OBTAINED: FEE SIMPLE - RIGHT OF WAY
A) That portion of Lot 22, Waring Estates, Inc., an unrecorded subdivision lying in Section 3, Township 29 South, Range 23 East, Polk County, Florida.
Being described as follows:
Commence at the northeast corner of the northwest 1/4 of said Section 3; thence along the east line of said northwest 1/4, South 00°21'20” East a distance of 1.29 feet to the survey baseline of State Road 572 (Drane Field Road); thence along said survey baseline South 89°49'12” West a distance of 374.57 feet; thence South 00°10'48” East a distance of 59.63 feet to an intersection of the south existing right of way line of said State Road 572 (per Official Records Book 5255, Page 2164, Public Records of Polk County, Florida) and the west existing Polk County right of way line of Waring Road (per Official Records Book 5010, Page 868, Public Records of Polk County, Florida) for a POINT OF BEGINNING; thence along said west existing Polk County right of way line South 00°12'09” East a distance of 421.45 feet to the south line of said Lot 22; thence along said south line, South 89°50'12” West a distance of 11.50 feet; thence North 02°20'08” West a distance of 174.15 feet; thence North 07°57'55” West a distance of 90.38 feet; thence North 77°06'11” East a distance of 13.14 feet to the beginning of a curve having a radius of 281.00 feet; thence along the arc of said curve to the left a distance of 60.81 feet through a central angle of 12°24'00” with a chord bearing North 10°45'53” West to the end of said curve and to the beginning of a curve having a radius of 56.00 feet; thence along the arc of said curve to the left a distance of 47.83 feet through a central angle of 48°56'17” with a chord bearing North 41°26'02” West to the end of said curve; thence North 65°54'11” West a distance of 54.15 feet to the beginning of a curve having a radius of 381.00 feet; thence along the arc of said curve to the left a distance of 110.76 feet through a central angle of 16°39'21” with a chord bearing North 74°13'51” West to the end of said curve and to the beginning of a curve having a radius of 148.00 feet; thence along the arc of said curve to the left a distance of 25.85 feet through a central angle of 10°00'22” with a chord bearing North 87°33'43”
West to the end of said curve; thence South 87°26'06” West a distance of 22.32 feet; thence North 00°18'37” West a distance of 7.67 feet to said south existing right of way line; thence along said south existing right of way line North 89°49'59” East a distance of 262.64 feet to the POINT OF BEGINNNING.
Containing 15,960 square feet
ALSO
B) That portion of Lot 22, Waring Estates, Inc., an unrecorded subdivision lying in Section 3, Township 29 South, Range 23 East, Polk County, Florida.
Being described as follows:
Commence at the northeast corner of the northwest 1/4 of said Section 3; thence along the east line of said northwest 1/4, South 00°21'20” East a distance of 1.29 feet to the survey baseline of State Road 572 (Drane Field Road); thence along said survey
baseline South 89°49'12” West a distance of 637.19 feet; thence South 00°10'48” East a distance of 67.23 feet for a POINT OF BEGINNING; thence North 87°26'06” East a distance of 22.32 feet to the beginning of a curve having a radius of 148.00 feet; thence along the arc of said curve to the right a distance of 25.85 feet through a central angle of 10°00'22” with a chord bearing South 87°33'43” East to the end of said curve and to the beginning of a curve having a radius of 381.00 feet; thence along the arc of said curve to the right a distance of 110.76 feet through a central angle of 16°39'21” with a chord bearing South 74°13'51” East to the end of said curve; thence South 65°54'11” East a distance of 54.15 feet to the beginning of a curve having a radius of 56.00 feet; thence along the arc of said curve to the right a distance of 47.83 feet through a central angle of 48°56'17” with a chord bearing South 41°26'02” East to the end of said curve and to the beginning of a curve having a radius of 281.00 feet; thence along the arc of said curve to the right a distance of 60.81 feet through a central angle of 12°24'00” with a chord bearing South 10°45'53” East to the end of said curve; thence South 77°06'11” West a distance of 50.29 feet; thence North 65°17'49” West a distance of 216.17 feet; thence North 00°18'37” West a distance of 67.49 feet to the POINT OF BEGINNING.
Containing 23,053 square feet.
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 Polk.
You are further notified that a Pre-Order of Taking Case Management Conference has been set before the Honorable Ellen Masters, one of the Judges of this Court, on the 30th day of January A.D., 2024, at 9:00 A.M, Polk County Courthouse, 255 North Broadway, Bartow, Florida, at which time an Order of Taking will be entered if all parties are in agreement or if no hearing has been requested. All parties are required to attend the Pre-Order of Taking Case Management Conference.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable Ellen Masters, one of the Judges of this Court, on the 13th day of February, A.D., 2024, at 9:00 A.M, Polk County Courthouse, 255 North Broadway, Bartow, Florida 33830 for an Order of Taking hearing 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 Chris Pawlus
Assistant General Counsel
(863) 519-2623
Florida Bar No.: 0484695
on or before the 30th day of December, A.D., 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 Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, 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 of said Court on the day of 10/20/2023.
CLERK OF THE CIRCUIT COURT
BY: Dianna L. Mahaney
Deputy Clerk
(S E A L)
Oct. 27; Nov. 3, 2023 23-01525K