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NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
CIVIL ACTION NO.:
2023-CA-5790
PARCEL NO.: 132
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
SANDRA D. SPRY, AS TRUSTEE OF THE SANDRA D. SPRY
REVOCABLE TRUST DATED
SEPTEMBER 26, 2022; KASH'S RED TOP PITSTOP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; JOE G. TEDDER,
TAX COLLECTOR, et al.,
Respondents.
STATE OF FLORIDA TO:
KASH'S RED TOP PITSTOP, LLC
C/O SANDRA D. SPRY, a Registered Agent
3037 BRUTON ROAD
PLANT CITY, FLORIDA 33565-7005
F.P. NO. 4366731
SECTION 16210-000 STATE ROAD 35 (US 98) POLK COUNTY DESCRIPTION
PARCEL 132
ESTATE OR INTEREST TO BE OBTAINED:
FEE SIMPLE - RIGHT OF WAY
That portion of Lot 6, Block 1, Lakeland Acres, a subdivision lying in Sections 16 and 17, Township 26 South, Range 23 East, as per plat thereof recorded in Plat Book 46, Page 29, Public Records of Polk County, Florida.
Being described as follows:
Commence at the southwest corner of the southwest 1/4 of said Section 16; thence along the west line of said southwest 1/4, North 00°12'47” East a distance of 1,407.83 feet to the survey baseline of State Road 35 (US 98); thence along said survey baseline South 43°40'44” East a distance of 321.12 feet; thence South 89°49'46” West a distance of 110.30 feet to an intersection with the westerly existing right of way line of said State Road 35 [per Project 1621-1220(5696)] and the south existing right of way line of Lakeland Acres Road [South Road (per said plat)] and the northeast corner of said Lot 6; thence along the north line of said Lot 6 and said south existing right of way line, continue South 89°49'46” West a distance of 60.39 feet for a POINT OF BEGINNING; thence South 00°10'14” East a distance of 19.90 feet; thence South 89°49'46” West a distance of 219.88 feet; thence North 00°10'14” West a distance of 19.90 feet to said north line and said south existing right of way line; thence along said north line and said south existing right of way line North 89°49'46” East a distance of 219.88 feet to the POINT OF BEGINNING.
Containing 4,376 square feet.
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:
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.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable Ellen S. Masters, one of the Judges of this Court, on the 1st day of March, A.D., 2024, at 9:00 A.M, Polk County Courthouse, 255 North Broadway, Room 7D-1 (Blue Elevators), 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
The Defendants, and any other persons claiming any interest in the property described, are hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
ASHLEY MOODY
ATTORNEY GENERAL
c/o Jessica Schwieterman
Assistant Attorney General
Florida Bar No. 116460
Office of the Attorney General
3507 E. Frontage Road, Suite 150
Tampa, FL 33607
T - (813) 233-2800; F - (813) 281-1859
Jessica.Schwieterman@myflor idalegal.com
Victoria.Lingua@myfloridal egal.com
within thirty (30) days after service of this Summons upon you, exclusive of the day of service, and to file the original of your written defenses and request for hearing with the Clerk of this Court either before service on Petitioner's Attorney or immediately thereafter, 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.
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 02/05/2024, A.D.
STACY M. BUTTERFIELD
CLERK OF THE CIRCUIT COURT
BY: /s/ Lori Armijo
Deputy Clerk
(S E A L)
February 9, 16, 2024 24-00195K