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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 MANATEE COUNTY
CIVIL ACTION NO.:
2024-CA001198
PARCEL NO.: 703/805
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Petitioner, -vs-
BRADENTON COMMERCIAL PROPERTIES, LLC, A
FLORIDA LIMITED LIABILITY COMPANY; FS RENTALS, LLC, A FLORIDA LIMITED LIABILITY
COMPANY; REX RADIO AND TELEVISION, INC., AN OHIO CORPORATION; KEN BURTON, JR., TAX COLLECTOR
Defendants.
STATE OF FLORIDA TO:
Rex Radio and Television, Inc., an Ohio corporation
SERVE: David Bearden, as President
2875 Needmore Road
Dayton, OH 45414
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. 4483901
SECTION 13010-000 STATE ROAD 45 (US 41) MANATEE COUNTY DESCRIPTION
PARCEL 703
ESTATE OR INTEREST TO BE OBTAINED TEMPORARY CONSTRUCTION EASEMENT
That portion of the southwest 1/4 of Section 14, Township 35 South, Range 17 East, Manatee County, Florida.
Being described as follows:
Commence at the northwest corner of the southwest 1/4 of said Section 14; thence along the north line of said southwest 1/4, South 89°35'35” East a distance of 1,313.85 feet to the survey base line of State Road 45 (US 41); thence along said survey base line South 00°26'52” West a distance of 573.72 feet; thence South 89°33'08” East a distance 45.90 feet to the east existing right of way line of said State Road 45 (per Section 13010-000, F.P. ID 429506-1) for a POINT OF BEGINNING; thence along said east existing right of way line North 44°32'08” East a distance of 5.75 feet; thence continue along said east existing right of way line North 00°26'52” East a distance of 16.40 feet; thence South 89°52'25” East a distance of 10.16 feet; thence South 00°26'52” West a distance of 80.08 feet; thence North 89°33'08” West a distance of 14.16 feet to said east existing right of way line; thence along said east existing right of way line North 00°26'52” East a distance of 12.57 feet; thence South 89°33'08” East a distance of 6.29 feet; thence North 00°26'52” East a distance of 46.92 feet; thence North 89°33'08” West a distance of 6.29 feet to the POINT OF BEGINNING.
Containing 764 square feet.
The purpose of this Temporary Construction Easement is to provide the contractor the space needed to construct the features of the signal-controlled mid-block crossing such as the traffic signal equipment and signal sidewalk connection. This Temporary Construction Easement will expire October 1, 2027.
F.P. NO. 4483901
SECTION 13010-000 STATE ROAD 45 (US 41) MANATEE COUNTY DESCRIPTION
PARCEL 805
ESTATE OR INTEREST TO BE OBTAINED PERPETUAL EASEMENT
That portion of the southwest 1/4 of Section 14, Township 35 South, Range 17 East, Manatee County, Florida.
Being described as follows:
Commence at the northwest corner of the southwest 1/4 of said Section 14; thence along the north line of said southwest 1/4, South 89°35'35” East a distance of 1,313.85 feet to the survey base line of State Road 45 (US 41); thence along said survey base line South 00°26'52” West a distance of 573.72 feet; thence South 89°33'08” East a distance 45.90 feet to the east existing right of way line of said State Road 45 (per Section 13010-000, F.P. ID 429506-1) for a POINT OF BEGINNING; thence continue South 89°33'08” East a distance of 6.29 feet; thence South 00°26'52” West a distance of 46.92 feet; thence North 89°33'08” West a distance of 6.29 feet to said east existing right of way line; thence along said east existing right of way line the following five (5) courses: 1) North 00°26'52” East a distance of 27.07 feet; 2) South 89°33'08” East a distance of 1.50 feet; 3) North 00°26'52” East a distance of 13.00 feet; 4) North 89°33'08” West a distance of 1.50 feet; 5) North 00°26'52” East a distance of 6.85 feet to the end of said courses and to the POINT OF BEGINNING.
Containing 276 square feet.
The purpose of this perpetual easement is to accommodate the signalization equipment needed for the signal-controlled mid-block crossings, as well as the roadway features (curb ramps and sidewalk connection) within the right of way. The signalization equipment includes mast arms, pedestrian signals, traffic controller cabinets, and other incidental items such as pull boxes and conduit.
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 Manatee.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable D. Ryan Felix, one of the Judges of this Court, on the 30th day of October, 2024, at 10:00 o'clock, A.M., via Zoom:
Div B STANDING ZOOM Meeting; Meeting ID: 971 0511 7699, Password: 525253; 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 Kenneth L. Hadley
Assistant General Counsel
(863) 519-2734
Florida Bar No.: 176745
on or before the 30th day of September, 2024, 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.
In and for Manatee County:
If you cannot afford an attorney, contact Gulfcoast Legal Services at (941) 746-6151 or www.gulfcoastlegal.org, or Legal Aid of Manasota at (941) 747-1628 or www.legalaidofmanasota.org. If you do not qualify for free legal assistance or do not know an attorney, you may email an attorney referral service (listed in the phone book) or contact the Florida Bar Lawyer Referral Service at (800) 342-8011.
If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, 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 13TH day of August, 2024.
Angelina “Angel” Colonneso
CLERK OF THE CIRCUIT COURT
(SEAL) BY:
Deputy Clerk
August 23, 30, 2024 24-01282M