25-00887K

NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT IN AND FOR THE TENTH JUDICIAL CIRCUIT, IN AND FOR POLK COUNTY, FLORIDA
CASE NO.: 2025 CA 001948107
PARCEL: 107AB
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, vs
WILLARD R. ROBERTS AND RIMA K. ROBERTS, HUSBAND AND WIFE; TERRY A. TABOR, RICHARD K. GINTHER, HEIR AND/OR DEVISEE OF THE ESTATE OF SARAH M. WARDWELL, DECEASED; CHRISTOPHER C. DERMODY, HEIR AND/OR DEVISEE OF THE ESTATE OF SARAH M. WARDWELL, DECEASED; SCOTT A. DERMODY, HEIR AND /OR DEVISEE OF THE ESTATE OF SARAH M. WARDWELL, DECEASED; JOHN WILLIAM DERMODY, HEIR AND/OR DEVISEE OF THE ESTATE OF SARAH M. WARDWELL, DECEASED; HARRY WARDWELL, HEIR AND/OR DEVISEE OF THE ESTATE OF SARAH M. WARDWELL, DECEASED; JANET OMLANSKY, HEIR AND/OR DEVISEE OF THE ESTATE OF SARAH M. WARDWELL, DECEASED; JOE G. TEDDER, TAX COLLECTOR
Defendants.
STATE OF FLORIDA TO:
Harry Wardwell
19815 Sprint Ridge Terrace
Salinas, California 93908
Janet Omlansky
601 Oak Street
Monterey, California 93940
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. 4402721
Section 16931-009 STATE ROAD FORT FRASER TRAIL OVER SR 60 POLK COUNTY DESCRIPTION
Parcel 107
ESTATE OR INTEREST TO BE OBTAINED: FEE SIMPLE - RIGHT OF WAY
A) That portion of the northeast 1/4 of Section 5, Township 30 South, Range 25 East, Polk County, Florida.
Being described as follows:
Commence at the center of said Section 5; thence along the west line of said northeast 1/4, North 00°17'30” West a distance of 15.32 feet to the southwest corner of lands described in Official Records Book 4580, Page 2209, Public Records of Polk County, Florida; thence along the south line of said lands North 86°39'17” East a distance of 60.08 feet to the southeast corner of said lands; thence along the east line of said lands North 00°17'30” West a distance of 26.59 feet to the north existing railroad right of way line (per Seaboard Air Line Railway Co. Map V2 FLA L-22-S-9) and the south existing right of way line of Fort Fraser Trail (per F.D.O.T. Section 16060-Misc, F.P.I.D. 4129521); thence along the west existing right of way line of said Fort Fraser Trail and the east line of said lands continue North 00°17'30” West a distance of 23.42 feet to the northerly existing City of Bartow maintained right of way line of North Street (per Official Records Book 2835, Page 533, Public Records of Polk County, Florida) for a POINT OF BEGINNING; thence along said northerly existing maintained right of way line South 87°20'14” West a distance of 26.74 feet to the beginning of a curve having a radius of 100.00 feet; thence along the arc of said curve to the left a distance of 37.72 feet through a central angle of 21°36'46” with a chord bearing North 09°06'20” East to the end of said curve; thence North 84°50'31” East a distance of 15.02 feet; thence North 27°23'48” East a distance of 12.13 feet to said west existing right of way line and said east line; thence along said west existing right of way line and said east line South 00°17'30” East a distance of 47.90 feet to the POINT OF BEGINNING.
Containing 863 square feet
B) That portion of the northeast 1/4 of Section 5, Township 30 South, Range 25 East, Polk County, Florida.
Being described as follows:
Commence at the center of said Section 5; thence along the west line of said northeast 1/4, North 00°17'30” West a distance of 15.32 feet to the southwest corner of lands described in Official Records Book 4580, Page 2209, Public Records of Polk County, Florida; thence along the south line of said lands North 86°39'17 East a distance of 60.08 feet to the southeast corner of said lands; thence along the east line of said lands North 00°17'30” West a distance of 26.59 feet to the north existing railroad right of way line (per Seaboard Air Line Railway Co. Map V2 FLA L-22-S-9) and the south existing right of way line of Fort Fraser Trail (per F.D.O.T. Section 16060-Misc, F.P.I.D. 4129521) for a POINT OF BEGINNING; thence South 46°43'06” West a distance of 3.53 feet to the easterly existing City of Bartow maintained right of way line of North Street (per Official Records Book 4580, Page 2209, Public Records of Polk County, Florida) and to the beginning of a curve having a radius of 63.03 feet; thence along said easterly existing maintained right of way line the arc of said curve to the left a distance of 8.41 feet through a central angle of 07°38'33” with a chord bearing North 17°35'09” East to the west existing right of way line of said Fort Fraser Trail and to the east line of said lands and to the end of said curve; thence along said west existing right of way line and said east line South 00°17'30 East a distance of 5.59 feet to the POINT OF BEGINNING.
Containing 6 square feet
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.
You are further notified that a Pre-Order of Taking Case Management Conference has been set before the Honorable Ellen S. Masters, one of the Judges of this Court, on the 26th day of August A.D., 2025, at 9:00 A.M, via Microsoft Teams or call in by phone to +1-863-225-4022 and use Conference ID: 520 540 847#, at which time an Order of Taking will be entered if all parties are in agreement or if no hearing has been requested. All parties are required to attend the Pre-Order of Taking Case Management Conference.
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 9th day of September, A.D., 2025, at 9:00 A.M, Polk County Courthouse, 255 North Broadway, 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
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 33830
C/O Chris Pawlus
Assistant General Counsel
(863) 519-2623
Florida Bar Number: 484695
on or before the 25th day of July A.D., 2025, 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 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 this day of 06/11/2025.
STACY M. BUTTERFIELD
CLERK OF THE CIRCUIT COURT
(SEAL) BY: Elizabeth Rivera
Deputy Clerk
June 20, 27, 2025 25-00887K