24-00622P

NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL ACTION NO.:
2024-CA-000732
PARCEL NOS.: 100/704
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,
Petitioner, vs.
GARRISON PROPERTIES, LLC,
AN ALABAMA LIMITED LIABILITY COMPANY, D/B/A GARRISON EQUIPMENT SERVICES; PASCO FLEET SERVICE, LLC, A FLORIDA LIMITED LIABILITY COMPANY;
R. E. GARRISON TRUCKING, INC., AN ALABAMA CORPORATION; PEOPLE'S BANK OF ALABAMA,
AN ALABAMA CORPORATION; AND PASCO COUNTY TAX COLLECTOR,
Defendants.
STATE OF FLORIDA TO:
Garrison Properties, LLC, an Alabama limited liability company, d/b/a Garrison Equipment Services
By Serving: Brent E. Simon, Esquire Brent Simon Law Group
5945 Florida Avenue
New Port Richey, FL 34652
Pasco Fleet Service, LLC, a Florida limited liability company By Serving: Brent E. Simon, Esquire
Brent Simon Law Group 5945 Florida Avenue
New Port Richey, FL 34652
R. E. Garrison Trucking, Inc., an Alabama corporation Northwest Registered Agent, LLC, as registered agent 7901 4th Street N.
Suite 300
St. Petersburg, FL 33702
People's Bank of Alabama, an Alabama corporation By Serving: Robin Cummings, Registered Agent 811 2nd Ave SW
Cullman, AL 35055
Pasco County Tax Collector
By Serving: Mike Fasano or his designee East Pasco Government Center
14236 6th Street, Room 100 Dade City, FL 33523
To all said defendants who are living and all defendants who are deceased, if any, and the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such 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. 443368-4
S.R. 700/35/U.S.98
PASCO COUNTY DESCRIPTION PARCEL 100
FEE SIMPLE RIGHT OF WAY
PART “A”
That portion of lands described in Official Record Book 10432, Page 328, Public Records of Pasco County, Florida, being a portion of the Northwest 1/4 of Section 19, Township 25 South, Range 22 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of APPALOOSA TRAILS, as recorded in Plat Book 16, Page 149, Public Records of Pasco County, Florida, being marked by a 4 “x4” Concrete Monument with Disk “Simmons Land Surveying Inc PRM”; thence S 89Ëš 57' 22” E, along the North line of said APPALOOSA TRAILS, a distance of 789.44 feet to the POINT OF BEGINNING; thence departing N 00Ëš02' 38” E, departing said line, 160.81 feet; thence N 32Ëš16' 53” E, 125.00 feet to an intersection with the Southerly existing Right of Way line of State Road 700/State Road 35 (U.S. 98) per Florida State Road Department Right of Way Map Section 1407-201; thence along said Southerly right of way line the following three (3) courses: 1) S 57Ëš43' 07” E, 145.62 feet; 2) N 32° 16' 53” E, 5.00 feet; 3) S 57Ëš43' 07” E, 361.99 feet to a point on said North line of APPALOOSA TRAILS; thence N 89° 57' 22” W, along said North line, 498.70 feet to the POINT OF BEGINNING.
Part “A” containing 1.661 acres, more or less.
AND
PART “B”
That portion of lands described in Official Record Book 10432, Page 328, Public Records of Pasco County, Florida, being a portion of the Northwest 1/4 of Section 19, Township 25 South, Range 22 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of APPALOOSA TRAILS, as recorded in Plat Book 16, Page 149, Public Records of Pasco County, Florida, being marked by a 4 “x4” Concrete Monument with Disk “Simmons Land Surveying Inc PRM”; thence N 00Ëš02' 38” E, along the West line of said lands described in Official Record Bock 10432, Page 328, Public Records of Pasco County, Florida, a distance of 738.57 feet to the POINT OF BEGINNING; thence continue N 00° 02' 38” E, along said West line, 168.37 feet to an intersection with the Southerly existing Right of Way line of State Road 700/State Road 35 (U.S. 98) per Florida State Road Department Right of Way Map Section 1407-201; thence S 57Ëš43'07” E, along said Southerly right of way line; 887.96 feet; thence S 27Ëš 40' 08” E, continuing along said Southerly right of way line, 149.57 feet; thence N 55Ëš57' 49” W, departing said Southerly line, 159.65 feet; thence N 57Ëš45' 30” W, 125.00 feet; thence N 52Ëš02' 52” W, 50.25 feet; thence N 57Ëš45' 30” W, 107.55 feet to the point of curvature of a curve concave Southerly having a central angle of 31Ëš39' 05”, a radius of 425.00 feet and a chord bearing and distance of N 73° 35' 02” W, 231.80 feet; thence Westerly along said curve, 234.78 feet to the point of tangency; thence N 89° 24' 34” W, 75.89 feet to the point of curvature of a curve concave Northeasterly having a central angle of 78Ëš21'45'', a radius of 158.00 feet and a chord bearing and distance of N 50° 13' 42” W, 199.64 feet; thence Northwesterly along said curve, 216.09 feet to the POINT OF BEGINNING.
Part “B” containing 2.217 acres, more or less.
Parts “A” and “B” containing a total of 3.878 acres, more or less.
F.P. NO. 443368-4
S.R. 700/35/U.S.98
PASCO COUNTY DESCRIPTION PARCEL 704
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
That portion of lands described in Official Record Book 10432, Page 328, Public Records of Pasco County, Florida, being a portion of the Northwest 1/4 of Section 19, Township 25 South, Range 22 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of APPALOOSA TRAILS, as recorded in Plat Book 16, Page 149, Public Records of Pasco County, Florida, being marked by a 4”x4” Concrete Monument with Disk “Simmons Land Surveying Inc PRM”; thence N 00Ëš02' 38” E, along the West line of said lands described in Official Record Book 10432, Page 328, Public Records of Pasco County, Florida, a distance of 906.94 feet to an intersection with the Southerly existing Right of Way line of State Road 700/State Road 35 (U.S. 98) per Florida State Road Department Right of Way Map Section 1407-201; thence S 57Ëš 43' 07” E, along said Southerly right of way line, 887.96 feet; thence S 27Ëš 40' 08” E, continuing along said Southerly right of way line, 149.57 feet to the POINT OF BEGINNING; thence continue S 27° 40' 08” E, along said Southerly right of way line, 20.18 feet; thence S 57Ëš43' 07” E, along said Southerly right of way line, 30.86 feet; thence S 32Ëš16' 53” W, departing said Southerly line, 55.00 feet; thence N 57Ëš43' 07” W, 123.00 feet; thence N 32° 16' 53” E, 67.39 feet; thence S 55Ëš57' 49” E, 74.71 feet to the POINT OF BEGINNING. Containing 7,693 square feet, more or less.
The purpose of this Non-Exclusive Temporary Construction Easement is for transiting and harmonizing the driveway with the new road including Ingress/Egress.
This Temporary Construction Easement shall expire (5) years form the Order of Taking Deposit Date or completion of the road project, whichever occurs first.
You are notified that the Petitioner files its sworn Petition and its Declaration of Taking in this Court against you as defendant, seeking to condemn by eminent domain proceedings the above described property located in the State of Florida, Pasco County.
You are further notified that the Petitioner will apply to the Honorable Alicia Polk, one of the Judges of the Court, on the 16th day of May 2024, at 10:00 a.m. (Eastern time), at the Robert D. Sumner Judicial Center, 38053 Live Oak Avenue, Suite 106B, Dade City, Florida 33523, for an Order of Taking in this cause. This is an evidentiary hearing to be held in person. 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 on:
State of Florida, Department of
Transportation c/o Sonya Pridgen,
Assistant General Counsel Office of
the General Counsel
11201 North McKinley Drive
Tampa, Florida 33612
Telephone: (813) 975-6485
[email protected]
[email protected]
[email protected]
on or before May 10, 2024, and to file the originals with the Clerk of this Court on that date, to show 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 as 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.
WITNESS MY HAND AND SEAL of said Court on the April 3, 2024 A.D., 2024.
(SEAL)
Nikki Alvarez-Sowles
Pasco County Clerk & Comptroller
2024CA100732CAAXES
04-03-2024 09:16 AM
Deputy Clerk: Yolanda Amburgey
April 12, 19, 2024 24-00622P