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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-000800
PARCEL NO.: 804
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
FIRST HORIZON BANK, SUCCESSOR BY MERGER
TO IBERIABANK, A LOUISIANA STATE BANK, A TENNESSEE CORPORATION; ET AL,:
Defendants.
STATE OF FLORIDA TO:
Swire Southwood Inc., a Florida Corporation
SERVE: Patricia Condon, as Registered Agent
777 Brickell Avenue # 902
Miami Beach, FL 33131
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 804
ESTATE OR INTEREST TO BE OBTAINED: PERPETUAL EASEMENT
That portion of Southwood Drive, (vacated per Deed Book 341, Page 82 and Official Records Book 162, Page 778, Public Records of Manatee County, Florida), Southwood Village, a subdivision lying in Section 14, Township 35 South, Range 17 East, as per corrected plat thereof recorded in Plat Book 8, Page 80-B, Public Records of 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 (U.S. 41); thence along said survey base line South 00°26'52” West a distance of 649.62 feet; thence continue along said survey base line South 00°27'52” West a distance of 500.51 feet; thence North 89°32'08” West a distance of 46.19 feet to the west 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 west existing right of way line South 00°27'52” West a distance of 7.23 feet; thence North 89°32'08” West a distance of 2.88 feet; thence North 00°27'52” East a distance of 7.23 feet; thence South 89°32'08” East a distance of 2.88 feet to the POINT OF BEGINNING
Containing 21 Square feet.
The purpose of this perpetual easement is for signalization equipment for the signal-controlled mid-blocked 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 04th day of November, 2024, at 02:00 o'clock, P.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 07th day of October, 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.
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 day of August, 2024.
Angelina “Angel” Colonneso
CLERK OF THE CIRCUIT COURT
BY: Deputy Clerk (SEAL)
September 6, 13, 2024 24-01387M