IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporate body organized and existing under the Constitution and Laws of the State of Florida, Petitioner, v. PERSHING AVENUE CHRISTIAN CHURCH (DISCIPLES OF CHRIST), INC., a Florida not-for- profit corporation; DUKE ENERGY FLORIDA, LLC, d/b/a Duke Energy, f/k/a Florida Power Corporation; CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole; SCOTT RANDOLPH, ORANGE COUNTY TAX COLLECTOR; and ANY AND ALL UNKNOWN PARTIES WITH ANY INTEREST IN PROPERTY, Respondents.
CASE NO.: 2017-CA- 004102-O
Parcel No.: P-117
NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING FOR CONSTRUCTIVE SERVICE OF PROCESS
TO: All Respondents named in Exhibit A, attached; all parties claiming interests by, through, under, or against the named Respondents; and all parties having or claiming to have any right, title, or interest in and to the property described in Exhibit B. A Petition in Eminent Domain has been filed to acquire property interests in Orange County, Florida. Each Respondent is required to serve written defenses to the Petition on Petitioner’s attorney, whose name and address are shown below, on or before June 26, 2017, and to file the original of the defenses with the Clerk of this Court either before service on the Petitioner’s attorney or immediately thereafter, showing what right, title, interest, or lien Respondent has in or to the property described in the Petition, and to show cause why that property should not be taken for the uses and purposes set forth in the Petition. If any Respondent fails to do so, a default will be entered against that Respondent for the relief demanded in the Petition. PLEASE TAKE NOTICE that an Order of Taking Hearing is currently set Thursday, July 6, 2017, at 3:30 pm, before the Honorable Heather L. Higbee, in Hearing Room 20-B, at the Orange County Courthouse, 425 North Orange Avenue, Orlando, Florida. At that time, an Order of Taking will be entered. All Respondents in this action may file a request to be heard at that hearing. Each party to be heard at that hearing shall notify the Court of the specific issue(s) to be addressed at the Order of Taking Hearing, and shall identify any exhibits, motions needed, and the time requirements for the presentation of their case. Any Respondent failing to file a request for hearing shall waive any right to object to the Order of Taking. WITNESS my hand and the seal of this court on this 18th day of May, 2017. TIFFANY MOORE RUSSELL, CLERK OF THE COURT, By: /s/ Deputy Clerk. REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES: “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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, FL (407) 836-2303, 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.” DAVID A. SHONTZ, ESQ., [email protected], Florida Bar No. 0630519, SHUTTS & BOWEN LLP, 300 S. Orange Avenue, Suite 1000, Orlando, Florida 328016, Phone: 407-835- 6722, Fax: 407-849- 7273, Secondary E-Mail [email protected]; [email protected], Attorneys for Petitioner, THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA. EXHIBIT A: OWNERS AND ENCUMBRANCES: NAME; RELATIONSHIP TO PROPERTY: 1. Pershing Avenue Christian Church, (Disciples of Christ), Inc., a Florida not-for-profit corporation, SERVE: Edgar Lopez, Esq., Harris Harris Bauerle Ziegler Lopez, 1201 East Robinson Street, Orlando, Florida 32801-2115; Fee Owner by virtue of Warranty Deed, recorded at Book 3709, Page 488, Official, Records of Orange County, Florida (Parcel ID 07-23- 30-0000- 00117). 2. Duke Energy Florida, LLC, d/b/a Duke Energy, f/k/a Florida Power Corporation, SERVE: C T Corporation System, Registered Agent, 1200 South Pine Island Road Plantation, Florida 33324; Easement interest recorded at Book 1913, Page 273, Official Records of Orange County, Florida (The West 8 feet of the North 350 feet of Parcel ID 07-23- 30-0000- 00117). 3. Corporation of The Presiding Bishop of The Church of Jesus Christ of Latter-Day, Saints, a Utah corporation sole, SERVE: Corporation Service Company, Registered Agent 1201 Hays Street Tallahassee, Florida 32301; Easement interest in Parcel 07-23- 30-0000- 00117, contained in Quit Claim Deed recorded at Book 2670, Page 874; Easement reserved in Warranty Deed recorded at Book 1585, Page 988 and further recited in Warranty Deed recorded at Book 3709, Page 488, all in the Official Records of Orange County, Florida. 4. Scott Randolph, Orange County Tax Collector, 200 South Orange Avenue Orlando, Florida 32801; Real Property Taxes, if any Subject Parcel EXEMPT under Tax Account No. 07-23- 30-0000- 00117. 5. Any and All Unknown Parties with Any Interest in Property, Address Unknown; Interest, if any, in any parcel included herein and made a part hereof. Exhibit B: LEGAL DESCRIPTION. Estate: Fee Simple, West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 23 South, Range 30 East, Orange County, Florida, subject to right-of- way for public road over the North 30 feet thereof. SUBJECT to a 25 foot easement across the South side of the above described property for ingress and egress to the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4. ALSO DESCRIBED AS: Commence at the Northeast corner the Southwest 1/4 of Section 7, Township 23 South, Range 30 East, Orange County, Florida; thence run S 00°17'19" E, along the east line of said Southwest 1/4, a distance of 1995.75 feet; thence run S 89°42'41" W, along the south line of said Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4, a distance of 331.67 feet for the POINT OF BEGINNING; thence continue S 89°42'41" W, along said south line, a distance of 331.67 feet; thence run N 00°17'18" W, along the west line of said West 1/2, a distance of 634.85 feet to the south line of said North 30 feet; thence run N 89°40'36" E, along said south line, a distance of 331.67 feet; thence run S 00°17'19" E, along the east line of said west 1/2, a distance of 635.05 feet to the POINT OF BEGINNING.