IN THE CIRCUIT COURT
OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
SUMTER COUNTY, FLORIDA
CIVIL ACTION NO.: 2024-CA-000134
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,
Petitioner,
vs.
Parcel No.: 127
NICHOLAS LIPIDAROV;
SUNCOAST CREDIT UNION;
CAPITAL ONE, NATIONAL ASSOCIATION,
Successor by Merger to Capital One Bank
(USA) N.A.; SUMTER COUNTY TAX COLLECTOR, et al.
Respondents.
NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
STATE OF FLORIDA TO:
CAPITAL ONE, NATIONAL ASSOCIATION,
Successor by Merger to Capital One
Bank (USA) N.A.
1680 Capital One Drive
Mclean, VA 22102
Parcel No.: 127
To all said respondents who are living, and if any or all respondents are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased respondent or respondents, 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 respondent or respondents, 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:
PARCEL 127 SECTIONS 18020 & 18030
FEE SIMPLE F.P. NO. 435859-4
THAT PART OF:
The NW 1/4 of the NW 1/4 of the SE 1/4 in Section 19, Township 22 South, Range 23 East, Sumter County, Florida, lying South of State Road No. 50, AND that portion of the former Seaboard Coastline Railroad (abandoned), said Railroad being described in Official Records 379, Page 210, Public Records of Sumter County, Florida, lying and being within the boundaries of the NW 1/4 of the NW 1/4 of the SE 1/4 in Section 19, Township 22 South, Range 23 East, Sumter County, Florida; ALL BEING SUBJECT TO an easement for ingress and egress over and across the East 50.00 feet thereof.
(BEING the lands described in Official Records Book 1922, Page 671, of the Public Records of Sumter County, Florida.)
DESCRIBED AS FOLLOWS:
Commence at a 3/4 iron pipe with no identification, marking the Southwest corner of the Southeast 1/4 of Section 19, Township 22 South, Range 23 East, Sumter County, Florida, as shown on the Florida Department of Transportation Right of Way Map for State Road 50, Section 18030, Financial Project Number 435859-4; thence run the following two courses along the West line of said Southeast 1/4; thence North 000047 East, a distance of 2103.99 feet to the POINT OF BEGINNING; thence continue North 000047 East, a distance of 78.31 feet to the intersection with the existing Southerly Right of Way Line of State Road 50 as shown on said map; thence departing said West line, run the following three courses along said Southerly Right of Way Line; thence North 591556 East, a distance of 115.56 feet to a point of curvature of a curve concave Southeasterly and having a radius of 1931.32 feet; thence run Northeasterly 387.81 feet along the arc of said curve, through a central angle of 113018 to a point of tangency; thence North 704613 East, a distance of 214.46 feet; thence departing said Southerly Right of Way Line, run South 000055 East, a distance of 72.58 feet to a point on a non-tangent curve, concave Southeasterly and having a radius of 5587.08 feet; thence from a tangent bearing of South 685248 West, run Southwesterly 606.35 feet along the arc of said curve, through a central angle of 061306; thence North 272017 West along a radial line to said curve, a distance of 2.50 feet to a point on a non-tangent curve, concave Southeasterly and having a radius of 5589.58 feet; thence from a tangent bearing of South 623943 West, run Southwesterly 112.01 feet along the arc of said curve, through a central angle of 010853 to the POINT OF BEGINNING.
CONTAINING 1.279 acres, more or less.
You are each notified that the Petitioner filed its sworn Petition and its Declaration of Taking in this Court against you as respondents, seeking to condemn by eminent domain proceedings the above described property located in the State of Florida, County of Sumter.
You are further notified that the Petitioner will apply to the Honorable Michelle Morley, one of the Judges of this Court on the 8th day of August, 2024 at 9:00 a.m., at the Sumter County Courthouse. This hearing will be held via ZOOM VIDEO CONFERENCING on Petitioners Petition for Order of Taking in this cause. The ZOOM hearing information is attached to the Notice of Hearing in this case. 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.
AND
Each respondent is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
719 South Woodland Boulevard
DeLand, Florida 32720
c/o Andrew Langenbach, Senior Attorney
(386) 9435498
You have 30 calendar days after this summons is served on you to file 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.
WITNESS MY HAND AND SEAL of said Court on the 25th day of March, 2024.
Gloria R. Hayward
CLERK OF THE CIRCUIT COURT
By: Morgan Hunnewell
Deputy Clerk (S E A L)
NOTICE
In accordance with the American With Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Court Administrator at 209 North Florida Street, Bushnell, Florida 33513,telephone (352) 569-6952, not later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (v) 1-800-955-8770, via Florida Relay Service.
Published: April 4, 2024