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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 CA 001672
PARCEL NOS.: 701/802
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
NORTHCOTT COMPANY, A SOUTH DAKOTA GENERAL PARTNERSHIP, GRANTOR AND NORTHCOTT COMPANY, A SOUTH DAKOTA GENERAL PARTNERSHIP, A SUBSIDIARY OF NORTHCOTT HOSPITALITY INTERNATIONAL, LLC, DOING BUSINESS AS PERKINS FAMILY RESTAURANT, LESSEE; KEN BURTON, JR., TAX COLLECTOR
Defendants,
STATE OF FLORIDA TO:
Northcott Company, a South Dakota General Partnership, grantor and Northcott Company, a South Dakota General Partnership, a subsidiary of Northcott Hospitality International, LLC, doing business as Perkins Family Restaurant, lessee
SERVE: Julie Roettger, as President
600 Market Street, Suite 230
Chanhassen, MN 55317
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:
FP. NO. 4483901
SECTION 13010-000 STATE ROAD 45 (US 41) MANATEE COUNTY DESCRIPTION
PARCEL 701
ESTATE OR INTEREST TO BE OBTAINED: TEMPORARY CONSTRUCTION EASEMENT
Those portions of Lots 8 and 9, Block 2, Corrected Plat of Spring Subd'n, a subdivision lying in Section 14, Township 35 South, Range 17 East, as per plat thereof recorded in Plat Book 8, Page 60, Public Records of Manatee County, Florida.
Being described as follows:
Commence at the southwest corner of said Section 14; thence along the south line of said Section 14, South 89°26'42” East a distance of 1,320.30 feet to the survey base line of State Road 45 (US 41); thence along said survey base line North 00°27'52” East a distance of 170.96 feet; thence South 89°32'08” East a distance of 52.91 feet for a POINT OF BEGINNING; thence North 00°27'52” East a distance of 44.73 feet; thence North 89°32'08” West a distance of 3.82 feet to the east existing right of way line of said State Road 45 (per Section 13010-000, FP NO. 429506-1); thence along said east existing right of way line continue North 89°32'08” West a distance of 7.09 feet to the west line of a 6.5' Manatee County Pedestrian Sidewalk Easement (per Official Records Book 1098, Page 1213, Public Records of Manatee County, Florida); thence along said east existing right of way line and said west line North 00°27'52” East a distance of 4.45 feet; thence South 89°32'08” East a distance of 19.85 feet; thence South 00°27'52” West a distance of 49.19 feet; thence North 89°32'08” West a distance of 8.93 feet to the POINT OF BEGINNING.
Containing 488 square feet.
The purpose of this temporary construction easement is to provide workspace staging and storage, to construct a signal-controlled mid-block crossing, which includes but not limited to, traffic signal equipment, and all other associated design features. This temporary construction easement will expire on October 1, 2027.
FP. NO. 4483901
SECTION 13010-000 STATE ROAD 45 (US 41) MANATEE COUNTY DESCRIPTION
PARCEL 802
ESTATE OR INTERESTS TO BE OBTAINED: PERPETUAL EASEMENT
Those portions of Lots 8 and 9, Block 2, Corrected Plat of Spring Subd'n, a subdivision lying in Section 14, Township 35 South, Range 17 East, as per plat thereof recorded in Plat Book 8, Page 60, Public Records of Manatee County, Florida.
Being described as follows:
Commence at the southwest corner of said Section 14; thence along the south line of said Section 14, South 89°26'42” East a distance of 1,320.30 feet to the survey base line of State Road 45 (US 41); thence along said survey base line North 00°27'52” East a distance of 170.96 feet; thence South 89°32'08” East a distance of 42.00 feet to the east existing right of way line of said State Road 45 (per Section 13010-000, F.P. ID 429506-1) and the west line of a 6.5' Manatee County Pedestrian Sidewalk Easement (per Official Records Book 1098, Page 1213, Public Records of Manatee County, Florida) for a POINT OF BEGINNING; thence along said east existing right of way line and said west line North 00°27'52” East a distance of 31.73 feet; thence continue along said east existing right of way line South 89°32'08” East a distance of 7.09 feet; thence continue along said east existing right of way line North 00°27'52” East a distance of 13.00 feet; thence South 89°32'08” East a distance of 3.82 feet; thence South 00°27'52” West a distance of 44.73 feet; thence North 89”32'08” West a distance of 10.91 feet to the POINT OF BEGINNING.
Containing 396 square feet.
The purpose of this perpetual easement is for signalization equipment for the signal-controlled mid-block crossings, lighting equipment and roadway features that include, but not limited to curb ramps and other associated features. The signalization equipment includes but is not limited to, mast arms, pedestrian signals, traffic controller cabinets, pull boxes, conduit, service pole and other associated features.
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 9th day of January, 2025, at 10:00 A.M, Via Zoom (Meeting ID: 971 0511 7699
Password: 525253:Audio only: 786-635-1003) 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 9th day of December 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 4TH day of NOVEMBER, 2024 A.D.
ANGELINA CIOLONNESO
CLERK OF THE CIRCUIT COURT
BY: P. Salati Deputy Clerk (SEAL)
November 8, 15, 2024 24-01702M