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NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 25-CA-003338 (Div. G)
PARCEL: 122, 707, 717, 800
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
FAIRWAY WESTSHORE OWNER, LLC, a Delaware limited liability company, f/k/a AG-EREP
WESTSHORE OWNER, LLC, a Delaware limited liability company; CIBC BANK USA, INC., a Illinois corporation f/k/a CANADIAN IMPERIAL BANK OF COMMERCE, a Canadian banking corporation; AMSCOT CORPORATION, a Florida corporation; SPINUTECH, LLC, a Delaware limited liability company; BOHLER ENGINEERING FL, LLC, a Florida limited liability company; FEDERATED MUTUAL INSURANCE COMPANY, a Minnesota corporation; HEIDRICK & STRUGGLES, INC, a Delaware corporation; NATIONAL GENERAL MANAGEMENT CORP., a Delaware corporation; PITNEY BOWES, INC., a Delaware corporation; REDFIN CORPORATION, a Delaware corporation; UNITED INVESTEXUSA 9, LLC, a Texas limited liability company d/b/a NEW WESTERN; BAILEY ENTERPRISE HOLDINGS, INC., a Florida Corporation d/b/a THE BAILEY GROUP, RxADVANCE CORPORATION, a Delaware corporation d/b/a NIRVANA HEALTH; THUMBSTOPPER, LLC, a Florida limited liability company; FORWARD SETTLEMENT SOLUTIONS, INC. d/b/a TITLE FORWARD, a Washington State corporation; HILLSBOROUGH COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCELS 122/707/717/800
Defendants.
THE STATE OF FLORIDA:
Fairway Westshore Owner, LLC, a Delaware limited liability company f/k/a AG-EREP Westshore Owner, LLC, a Delaware limited liability company
Serve: Prineet D. Sharma, Esq., as attorney 3732 Winter Garden Vineland Road Winter Garden, FL 34787
CIBC Bank USA, Inc., an Illinois corporation f/k/a Canadian Imperial Bank of Commerce, a Canadian Banking corporation
Serve: CT Corporation System as registered agent 1200 South Pine Island Road Plantation, FL 33324
Amscot Financial, Inc., a Florida corporation
Serve: Ian MacKechnie , as registered agent 600 N Westshore Blvd, Suite 1200 Tampa, FL 33609
Bailey Enterprise Holdings, Inc., a Florida corporation d/b/a The Bailey Group
Serve: Charles Bailey, President, as registered agent 600 N. Westshore Blvd., Suite 710 Tampa, FL 33609
Bohler Engineering FL, LLC, a Florida limited liability company
Serve: Corporation Service Company, as registered agent 1201 Hays Street
Tallahassee, FL 32301
Federated Mutual Insurance Company, a Minnesota corporation
Serve: Chief Financial Officer, as registered agent PO Box 6200 (32314-6200)
200 E Gaines St Tallahassee, FL 32399
Forward Settlement Solutions, Inc. d/b/a Title Forward, a Washington State corporation
Serve: Legalinc Corporate Services Inc., as registered agent 476 Riverside Avenue Jacksonville, FL 32202
Heidrick & Struggles, Inc., a Delaware corporation
Serve: CT Corporation System, as registered agent 1200 South Pine Island Road Plantation, FL 33324
National General Management Corp., a Delaware corporation
Serve: Corporation Service Company, as registered agent 1201 Hays Street
Tallahassee, FL 32301-2525
Pitney Bowes, Inc., a Delaware corporation
Serve: Corporation Service Company, as registered agent 1201 Hays Street
Tallahassee, FL 32301-2525
Redfin Corporation, a Delaware corporation
Serve: Legalinc Corporate Services, Inc, as registered agent 476 Riverside Avenue Jacksonville, FL32202
RxAdvance Corporation, a Delaware corporation d/b/a Nirvana Health
Serve: Corporation Service Company, as registered agent 1201 Hays Street
Tallahassee, FL 32301-2525
Spinutech, LLC, a Delaware Corporation
Serve: Harvard Business Services, Inc., as registered agent 16192 Coastal Highway Lewes, DE 19958
Thumbstopper, LLC, a Florida limited liability company
Serve: Matthew Brown, CEO, as registered agent 600 N. Westshore Blvd., Suite 200 Tampa, FL 33609
United Investexusa 9, LLC, a Texas limited liability company d/b/a New Western
Serve: Capitol Corporate Services, Inc., as registered agent 515 East Park Avenue, 2nd Floor Tallahassee, FL 32301
All unknown parties that may have an interest in Parcels 122/707/717/800
Serve: Via Publication
Hillsborough County Tax Collector
Serve: Nancy C. Millan or her designee
2506 N. Falkenburg Road
Tampa, FL 33619
To all said defendants who are living and all defendants who are deceased, if any, and the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such 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:
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 122
FEE SIMPLE RIGHT OF WAY
A portion of Lots 1 and 2, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the North 1/2 of Lemon Street per vacation by City Ordinance Number 4855-A, recorded in Official Record Book 2157, Page 195, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 16 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to the POINT OF BEGINNING; thence continue along said curve having a central angle of 04°14'31”, a radius of 1959.86 feet and a chord bearing and distance of S67°24'39”W, 145.07 feet, thence Southwesterly along said curve and Limited Access right of way line, 145.10 feet to the end of said curve; thence S63°04'06”W, along said Limited Access right of way line, 12.42 feet; thence N00°48'09”E, 36.79 feet to a point on a curve concave Southerly having a central angle of 01°14'17”, a radius of 6783.50 feet and a chord bearing and distance of N80°21'03”E, 146.57 feet; thence Easterly along said curve 146.57 feet to the said POINT OF BEGINNING.
Containing 2,492 square feet, more or less.
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 707
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
A portion of Lots 1 and 2, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the North 1/2 of Lemon Street per vacation by City Ordinance Number 4855-A, recorded in Official Record Book 2157, Page 195, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to a point on a curve concave Southerly having a central angle of 01°14'17”, a radius of 6783.50 feet and a chord bearing and distance of S80°21'03”W, 146.57 feet; thence Westerly along said curve, 146.57 feet; thence N00°48'09”E, 8.15 feet to the POINT OF BEGINNING; thence continue N00°48'09”E, 32.43 feet; thence S89°11'28”E, 12.14 feet; thence S00°48'32”W, 30.07 feet to a point on a curve concave Southerly having a central angle of 00°06'15”, a radius of 6791.50 feet and a chord bearing and distance of S79°47'50”W, 12.36 feet; thence Westerly along said curve, 12.36 feet to the said POINT OF BEGINNING.
Containing 379 square feet, more or less.
The purpose of this non-exclusive Temporary Construction Easement is for constructing a new access driveway including ingress/egress.
This easement shall expire (5) years from the Order of Taking or completion of the project, whichever occurs first.
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 717
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
A portion of Lot 1, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to a point on a curve concave Southerly having a central angle of 00°05'39”, a radius of 6783.50 feet and a chord bearing and distance of S80°55'22”W, 11.16 feet; thence Westerly along said curve, 11.16 feet; thence N09°07'28”W, 8.00 feet to a point on a curve concave Southeasterly having a central angle of 00°05'24”, a radius of 6791.50 feet and a chord bearing and distance of S80°49'50”W, 10.66 feet; thence Westerly along said curve, 10.66 feet to the POINT OF BEGINNING; thence continue Westerly along said curve having a central angle of 00°07'36”, a radius of 6791.50 feet and a chord bearing and distance of S80°43'21”W, 15.00 feet; thence Westerly along said curve, 15.00 feet; thence N09°16'39”W, 12.00 feet; thence N80°43'21”E, 15.00 feet; thence S09°16'39”E, 12.00 feet to the said POINT OF BEGINNING.
Containing 180 square feet, more or less.
The purpose of this non-exclusive Temporary Construction Easement is for constructing a sanitary sewer manhole in line with the existing buried utility.
This easement shall expire five (5) years from the Order of Taking Deposit or completion of the project, whichever occurs first.
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 800
NON-EXCLUSIVE PERMANENT CONSTRUCTION EASEMENT which includes a NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
A portion of Lots 1 and 2, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the North 1/2 of Lemon Street per vacation by City Ordinance Number 4855-A, recorded in Official Record Book 2157, Page 195, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to a point on a curve concave Southerly having a central angle of 00°05'39”, a radius of 6783.50 feet and a chord bearing and distance of S80°55'22”W, 11.16 feet; thence Westerly along said curve, 11.16 feet to the POINT OF BEGINNING; thence continue along said curve having a central angle of 01°08'38”, a radius of 6783.50 feet and a chord bearing and distance of S80°18'13”W, 135.41 feet; thence Westerly along said curve, 135.42 feet; thence N00°48'09”E, 8.15 feet to a point on a curve concave Southerly having a central angle of 01°07'50”, a radius of 6791.50 feet and a chord bearing and distance of N80°18'37”E, 134.01 feet; thence Easterly along said curve, 134.01 feet; thence S09°07'28”E, 8.00 feet to the said POINT OF BEGINNING.
You are each noticed 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 Hillsborough. You are further notified that the Petitioner will apply to the Honorable Christopher C. Nash one of the Judges of this Court on the 24th day of June 2025, at 2:00 p.m., or as soon thereafter as the matter can be heard via Zoom; Zoom link: https://zoom.us/j/4812642204; Meeting ID: 481 264 2204, for an Order of Taking in this cause. All respondents to this suit may request a hearing at the time and place designated and be heard. Any respondent failing to file a request for hearing shall waive any right to object to the Order of Taking.
Each defendant is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
James R. Lussier
Florida Bar No.: 362735
[email protected]
[email protected]
Dinsmore & Shohl LLP
225 E. Robinson St., Suite 600
Orlando, Florida 32801
Telephone: (407) 425-9044
Counsel for Petitioner
on or before June 13, 2025, and to 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, who the property should not be condemned for the uses and purposes set forth in the Petition. The Clerk of Court address is 800 E. Twiggs St., Tampa, FL 33602.
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.
WITNESS MY HAND AND SEAL of said Court on the 8th day of May, 2025.
VICTOR CRIST
CLERK OF THE CIRCUIT COURT
(SEAL) By: JENNIFER TAYLOR
Deputy Clerk
May 30; Jun. 6, 2025 25-01513H