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The Palm Beach Post from West Palm Beach, Florida • Page 96

Location:
West Palm Beach, Florida
Issue Date:
Page:
96
Extracted Article Text (OCR)

6E THE PALM BEACH POST SATURDAY.JULY31, 2004 CXI Together with all rights of interest in the properties. DEPARTMENT OF I July. 2004. atlon affixed thereto and which is of record in the the property rights, Including any designated access Exhibits and to acquire by the exercise of the power of eminent State: and that the acqur stion of such property and property rights aa are needed for said construction Eastwood LLC A Michigan Limited Liability Company co Michael Eyde 2501 Coolidge, Suite 501 East Landing Ml 4B823 SUBJECT TO: NO. 1459787 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA domain as provided Dy law, all property or property is necessary lor trie per-rights, whether public or formance of its duties and (u, ii.ow.

struction, and maintenance of 6aid state facility tor the use of general public, and that the Department la authorized to make such acquistion by gift, purchase, or condemnation. State ot Florida Department of Transportation By: James L. Ely, A. Executive Director and Chiel Executive Officer DATE: 12-1-03 ATTEST: Elizabeth Decker Executive Secretary CERTIFICATE I HEREBY CERTIFY that the foregoing is a true and correct copy of a certain Resolution signed by the Executive Director and Chief Executive Officer of Florida's Turnpike in his official capacity on the 1st riav nf August. 2003.

the original of which has the Drivate. wnicn bib necessarv to the perform ance of its duties and the execution of its powers. 3.A description identifying the property sought to be acquired Is attached hereto as Exhibit 4.The estate or interest to be acquired is set forth in the foregoing legal descri- ptionfs) attached as Exhibit 'C" 5.The Petitioner has made diligent search and Inquiry to oiscover ine names, residences, legal disabilities and interests in the property of all owners, lessees, executors, administrators, trustees, mortgages, judg ment creditors, lienholders, or persons in possession and all other persons having or claiming any right, title or Interest In the property. Attached hereto as Exhibit and incorporated herein is a statement of owner- ships and encumbrances as to the property. Petitioner has no knowledqe of any other persons having any interest In the properties.

B.There exists or may exist outstanding real propeny taxes or other liens due and owing to any governmental entity Identified in Exhibit has surveyed and located its line or area of construction and intends, In good faith, to construct the transportation project on or over the property des- cribed in this Petition. S.The Petitioner has a authentic seal ot tne Department of Transport- ation affixed thereto and which is of record in the- complied with all conditions Florida Department ot precedent to Petitioner's Transportation to proceed with the has authority to condemnation of the des- Icoated and designate 6 There exists or may exist outstanding real property tuxes ui uiner liens oue ana owing to anv governmental entity identified In Exhibit 7.Petltioner has surveyed ana locaiea us line or area of construction and intends. in good faith, to construct the transportation project on or over tne property des cnbed in this Petition. S.The Petitioner ha complied with all conditions precedent to petitioner' right to proceed with the condemnation ot tn described Drooertv. 9.

There are no mobile homes located on the properties sought to be acquired. 10. Petitioner reserves its rights under federal and state laws to make any and all claims for environmental damages andor wast associated with any contam inants, including but not limited to, petroleum products, hazardous waste and medical waste determined to be present on or released onto tn property. WHERFORE, Petitione demands: (all hat the prooert described in this Petition be condemned and taken by the Petitioner for the uses and purposes set forth in tma Petition and that th interest sought bv thi Petitioner in the property, as set lonn in tne Petition, be vested in the Petitioner. (b)That there be a iurv trial by a jury of 12 persons, of all issues so triable; (c) That the jury be required to view the properly; (d) That Petitioner be granted possession ana ime in advance ot final judgment.

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Post Office Box 613069 Ocoee, FL 34761 Diane G. LeRoy, Turnpike Enterprise General Counsel (407) 532-3999 (407) B2i-6443 (tax) By: Isl George K. Gaskell George K. Gaskell Assistant General Counsel Florida Bar Number 0330388 STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, an office authorized administer oaths. personally appeared the undersigned attorney for the 31 A I Ur hLUHlUA, DEPARTMENT OF TRANSPORTATION, who being be me first duly sworn, deposes and says mat as Attorney tor the Petitioner, he has read the fore going Petition, and that to ine Desi oi nis Knowieage, Information and belief, the matters alleged are true and correct; and that diligent search and inquiry have been made by the Petitioner, through the uepanmew autnonzeo agents, to ascertain the names of the occupants, and the names, places of loaiuonuo, leudi uisauiinius.

If any, and the interest of the owners and lienors of and on the land more particularly described in the Petition. Isl George K. Gaskell ceorae K. tiaske SWORN TO AND SUBSCRIBED Before me, this 27 day of juiv. Isl Jacqueline G.

Kinker Notary Public State of Florida at Large My Commission Expires January kfuuts STATE OF FLORIDA DEPARTMENT OF TRANSFORATION FLORIDA'S TURNPIKE ENTERPRISE PROJECT RESOLUTION FOR STATE HIGHWAY SYSTEM PROJECTS WHERES, pursuant to Chapter 334 through 339 ana cnapter and 4 Florida Statutes, as amended, the State of Florida Department of Transportation has authority to locale and designate certain transportation facilities as a part of the State Highway System and construct and maintain the same with funds which are now or which may hereafter become available to the Department and WHEREAS, pursuant to Chapter 334 through 339 and Chapters 73 and 74, Florida Statutes, as amended, the highway authorities of the state, counties, cities, towns, and villages, acting alone or in cooperation with each other or with any federal, state or local agency ot any otner state having authority to participate in the construc tion and maintenance of transportation tacilties, are authorized to designate provide, and regulate limited access racinties; and WHEREAS, pursuant Section 337 25. Florida Statues, the Secretary ot i taiisputiaiion nas oeie. gated the authority execute eminent dmai resolutions to the chief administrative officer of the hlonda Turnpike Enterprise; ana WHEREAS, the property is being acauired bv Florida' Turnpike Enterprise of the uepanment; and WHEREAS. Mr. James Elv the Executive Director am chief administrative officer of said Enterprise: and WHEREAS, Right of Way maps have been prepared showing the location of nemfsegment Numbe 406112-1 NOW, THEREFORE, BE IT RESOLVED, by the Executive Director that the part of the Jog Road inter- change and Finrida'c Turnpike Enterprise in Palm Beacn county, hlonda i hereby located am designated as Item Segment Number 4061 12-1 although the line anr location of said part of said facility are hereby designated as a part of the State Highway System and the hiigni ot way map prepared bv the Danart.

ment, as aforesaid, are hereby adopted as the official Right of Way maps for said ItemSegment iiuiituer. ana BE IT FURTHER RF SOLVED, that the Executive Director, findings that traffic conditions, present or future, would justify said acuity Deing obsignated as a limited access facility hereby designates, or has designated the same as a limned access tacnitv; and BE IT FURTHER RE SOLVED, that it is the judgment of the Department that the construction of said portion of said Item Segment Number necessary, practical and in the best interest of the State; and that the acquistion of such property and property rights as are neeoeo ror said construction is necessary for the performance ot Its duties and lor the construction reconstruc- lion, and maintenance ot said state facility tor the use of general public, and that the Department is auth- orized to make such acqui- stion oy girt, purchase condemnation. State of Florida Department of Transportation Bv: James Elv A Executive Director and Chief Executive Offirar at of Case No. 20O4CA001923MB Parcel 101 Turnpike Enterprise i a 1 1 ut- r-LUHlUA, DEPARTMENT OF TRANSPORTATION, Petitioner, vs. MARY JEAN JOHNSON WILGUS, JOG BELVEDER DEVELOPMENT LLC.

a Michigan Limited Liability company, et ai. Defendants. NOTICE TO SHOW CAUSE AMlNUIICbUh sun STATE OF FLORIDA" TO: Secured Advanced Jog a Beiveoere, llc 2501 Coolidge. Suite 501 East Lansing, Ml 48823 To all said Defendants who are living, and if any or all uetenganis are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through under, or against any such deceased Defendant of Defendants, if alive, and dead, their unknow spouse, heirs, devisees grantees, creditors, lienors, or other parties claiming bv. through, under, or against any such deceased Defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition and attached hereto.

You are notified that the Petl tioner filed its sworn Peti tion and its Declaration of Taking in this Court against you as Defendant, seeking to condemn by eminent domain proceedings the above described property located in the State of Florida, County of Palm Beach. You are further notified that the Petitioner will apply to me nonorauie iimomy McCarthv one of the Jurine of this Court, on September 29, 2004 at 9:30 a.m. at the Palm Beach County Court house. Courtroom 9B, 205 N. Dixie Highway, West aim Beacn, i-ionaa, 33401 for an Order of Takina in this cause.

All defendants to this suit may request a hearing at the time and place designated and be nearo. Any defendant rail-ing to file a reauest foi hearing shall waive any right to obect to the Order of Taking. The purpose of the rearing snail oe to take title to that certain property identified as parcel 101 and as itemseqment No 4061 12-1 All persons claiming any right, title or interest in the above described parcel of rea ffoperty shall appear at said ime to be heard on all issues for the taking of said parcel of property or be for ever oarreo rrom any rur ther interest in said prop erty not presented at such time and place. AND Each Defendant is hereby igquirea to request a hearing, if desired, and to serve written defenses to said Petition, if any, on: DEPARTMENT OF TRANSPORTATION Florida's Turnpike Enterprise co George K. Gaskell, Assistant General Counsel Turnpike Mile Post 263, Building 5315, Post Office Box 61 3069 Oooee, FL 34761 On or before September 29, 2004.

and to file the originals with the Clerk of this Court on that date, 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 you have any, why the property snouio not oe condemned for the uses and purposes as set forth in the Petition. It you fail to answer, a oerauu 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 provisions of certain assistance.

Please contact the ADA Coordinator, Clerk of the Court, 205 N. Dixie Highway, Room 5.2500, West Palm Beach. Florida, 33401 telephone number (561) 355-4380, within two (2) working days of your receipt or tnis laescnoed notice): you are hearing or voice tmuaireo, can i-ouu-yao. am WITNESS MY HAND AND THE SEAL of this Court on tne 27th day of July. 2004.

DOROTHY H. WILKEN CLERK OF THE CIRCUIT COURT By: Isl Carey A. Fox Denutv Cleric IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No 2004CA001 923MB Parce No 101 Turnpike Enterprise siAit uh i-luhiua, DEPARTMENT OF TRANSPORTATION, Petitioner, MARY JEAN JOHNSON WILGUS, JOG BELVEDER DEVELOPMENT LLC. a Michigan Limited Liability company, ere, et Defendants. PETITION IN EMINENT DOMAIN Petitioner.

STATE FLORIDA, DEPARTMENT OF TRANSPORTATION sues the Defendants named herein, and alleges: I.This is an action in eminent domain to condemn certain real property located ii Palm Beach County Florida. 2.Th Petitioner Is exercising the right ot eminent domain by virtue of the authority yrantea to oy cnapter through 341 and Section 479.15. inclusive, Florida Statutes, known as the Florida Transportation Code, and Chapters 73 and ii, i-ioriga statutes amended, and bv res olutions duly and regularly adopted by the Executive Director of the Turnpike Enterprise, a division of the Department ot Transport ation, true copies of which resolutions are attached as Exhibits and to acquire by the exercise of the power ot eminent domain as provided bv law all property or property rights, whether public or private, which are necessary to the performance of its duties and the execution of Its Dowers. 3 A description identifying the property sought to be acquired is attached hereto as Exhibit 4. The estate or Interest to be acquired is set forth in the roregoing legal des cription(s) attached as txnibit Isl Jacgueline G.

Kinker Notary Public state ot t-ioriaa at Large My Commission Expires: January 9. 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORATION FLORIDA'S TURNPIKE ENTERPRISE PROJECT RESOLUTION FOR STATE HIGHWAY SYSTEM PROJECTS pursuant to chapter jj inrougn jja and Chapter 73 and 74, Florida Statutes, as amended, the State of Florida Department of Transportation has authority to locate and designate certain transportation facilities as a part of the State Highway System and construct and maintain the same with funds which are now or which may hereafter become available to the Department and WHEREAS, pursuant to chapter 334 through 339 and Chapters 73 and 74 hlonda statutes amended, the highwa authorities of the state counties, cities, towns, and villages, acting alone or cooperation with each other or with any federal, state or local agency of any other state navinq authority participate in the construction and maintenance transportation facilties, are authorized to designate, provide, and regulate limited access racinties; and WHEREAS, pursuant Section 337.25, Florid Statues, the Secretary Transportation has del eqated tne authority execute eminent dma resolutions to the chief administrative officer of the Florida Turnpike Enterprise; ana WHEREAS, the orooertv being acquired by hKinda Turnpike Enterprise of the ueoartment: and WHEREAS. Mr. James Ely tne txecutive uirector and chief administrative officer of said Enterprise: and WHEREAS, Right of Way maps have been prepared showing the location of itemsegment numb 406112-1 NOW, THEREFORE, BE IT RESOLVED, bv th Executive Director that the part of the Jog Roa nterchanae and Florida' Turnpike Enterprise in Palm Beach County, Florida is hereby located and desig nated as ItemSegment Number 406112-1, although ine line ano location ot sai part of said facility are hereby designated as a part ot tne state hiignwa System and the Right of Way maps prepared by the Department, as aforesaid, are hereby adopted as the official Right of Way maps for said ItemSegment Number and BE IT FURTHER RE SOLVED, that the Executive Director, findings that traffic conditions, present future, would justify sai( facility being designated as a limited access facility hereby designates, or has designated the same as nmiteo access raciirry; and BE IT FURTHER RE SOLVED, that it Is th judgment of the Department that the construction of said ortion of said Item egment Number I necessary, practical and I the best interest of the State; and that the acquis tion of such property and property ngnts as are needed for said construction is necessarv for the per formance of its duties and tor the construction, recon struction, and maintenance of said state facility for the use of general public, and that the Department is authorized to make such acquistion by gift, purchase. or condemnation.

State of Florida Department of Transportation By: James l. try, a. Executive Director and Chief Executive Officer DATE: 12-1-03 ATTEST: Elizabeth Decker Executive Secretary cthlllh CA HEREBY CERTIFY that the oreqoing is a true and correct copy ot a certain Resolution signed by the tXObUltTO LMIBUIUI UIIU Chief Executive Officer of Florida Turnpike in his official capacity on the 1 st day of August, 2003, the original of which has the autnentic seal ot the Department of Transpor tation affixed thereto and which is of record In the Office of the State Florida, Department of i ransportation. Dated this 22 day of July. 2004, at Ocoee, Orange County.

Florida. tiizacetn M. Decker. Executive Secretary to Executive Director and Chief Executive Officer of Florida's Turnpike WHEREAS, pursuant to Chapters 334 through 339 and Chapter 73 and 74 Florida Statutes, as amended, the State of Florida DeDartment of i ifliiapuimuufi i uepan has authority tr iiv to -J Icoated and designate ueiuin transportation racinties anoor transportation corridors and to plan. construct, aesignate establish, regulate, vacate alter, Improve, maintain and provide limited access facilities and related improvements, including but not limited to the acquistion of fee simple permanent arainage easement, toll facilities, access roads temporary construction easements, borrow pits, and any and alt property rights of any nature needed to facilitate such construction, maintenance and operations with funds which are now or which may hereafter become available to the DenartmAnt- nnri WHEREAS, the property to ue acquirea nereunaer is the part of the Jog Road Interchange and Florida's Turnpike Enterprise in Palm Beach County, Florida, a statutorily authorized limited access facility on the TurnDike Svstem: and WHEREAS, pursuant to aecnon Ai hlonda Statutes, the Secretary of lansuoriaiion nas delegated the authority to execute eminent domain resolutions to the chief executive officier of the office of the Florida Turnpike Enterprise for property to be acquired for the TurnDike Svstem: and.

WHEREAS I Flv ie the Chief Fxool.ilvn Dttiror said tnterpirse; and. WHfcHtAS, the Turnpike fjhiet Executive Office of the Department, by Resolution dated December 1, 2003, did locate and designate ItemSegment Number FP 4061 12-1 of said state limited access farilrtv- lAJLJCDCT A miEnuu, ID IIW IIIIUIIIU Of Hie CXUCUIIVe UireCfOr BOO Chief Executive Officer, that the acquisition of the properties and property rights as described in the parcel descriptions under Department of Transport- anon parcel Number 101 which riesrrlminn in attached hereto and by reference made a part hereof, Is necessary to the extent of the ostaio ni interest set forth in the respective oarcel dscrintinn the performance of the duties of the Department and for the construction, reconstruction, operation and maintenance of said state facility. Isl Ingress, egress, liqht, ai and view between grantors reminiang property and any facility constructed on the BDove gescnoeg property AND ACCESS RIGHTS ONLY All rights of access, egress, ingress, light, air and view between that property described in Official Record Book 14625, Page 224 of the Public Records of Palm Beach County, Florida, and uog noao along in luiiuwmu. uescnueo line: A line within Tract 7, Block of PLAT NO. 3 PALM BEACH FARMS CO.

in the Southwest Quarter of Section 27, Township 43 South. Range 42 East of Palm Beach County, Florida, as recorded in Plat Book 2, Page 45 of th Public Records of Pair Beach County. Florida being more particularly described as follows: Commence at a Palm Beach County Brass Disc set in i Concrete Monumen marking the Northwest corner ot the Northeast Quarter of said Section 27 Township 43 South, Range 42 East: thence Soulh 01 47 03" West along the West line of the Northeast and Southeast Quarters of said Section 27, a distance ot 2888 35 feet; thence South 89 02 44" West distance of 132.47 feet to the Southeast corner of Tract 6 of said Block 4 thence continue South 89 02 44" West along the South line ot said Tract 6, distance of 782.87 feet to point on the Westerl Existing Right-of-Way line of Jog Road as shown in haim tteacn county project No. 84225B; thence along said Westerly Existing Right-of-Way line of Jog Road the following two courses; (1) thence South 24'24'19" East, a distance ot 290.19 feet; (2) thence South 22'17'57" East, a distance of 52 63 feet to the POINT OF BEGINNING thence along said Westerly rugm-or-way line ot jog Road the following two courses: (1) thence South 22'17'57" East, a distance of 143.56 feet to the beginning of a non-tangent curve concave wesien having a radius ot 2794.7! feet and a central angle of au (I; ineuce rrom a chord bearing of South 16'07'50" East, Southeasterly along the arc of said curve, a distance of 130.44 feet to the end of said cufve and to a POINT OF TERMINUS. PARCEL 101 contains a total of 9.524 acres, more or less.

1st Walter De La Rocha Professional Surveyor and Mapper no. ouei State of Florida January 13, 2004 txhiidi I -U" STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION V. MARY JEAN JOHNSON WILGUS. ETC. EL AL.

STA TE OF OWNERSHIPS AND ENCUMBRANCES PARCEL 101 OWNED BY: Joa I Belvedere Development LLC a Michigan Limited Liability comoanv co Bill Shroeger, Agent 2501 Coolidge. Suite 5091 East Lansing, Michigan Eastwood LLC A Michigan Limited Liability company co Michael Eyde 2501 Coolidge. Suite 501 East Landing Ml 48823 SUBJECT TO: Recorded Mortgage in favor or: Secured Advanced Jog Bieveoere, LLC, a Michigan Limitea LiaDiiitv comoanv 2501 Coolidge, Suite 501 cast Lansing, ivii wazj Recorded In the Official Hecords of Palm Beach County, Flonda OR Book 16312 Page 1172 Unrecorded Mortgage in favor of: Fuad Hadi 876 E. Camio Real E-5 Boca Raton, FL 33432 Interest in property held by: Sam Evde 2800 Eryon Circle Lansing Ml 48912 Outdoor Advertising Signs permitted to: National Advertising Comoanv co The Prentice Hall Corp. System, Inc.

registered agent 1201 Hays Street Tallahassee, FL 32301 All real property taxes due ana owing in palm Beacn County. Flonda. PUB: The Palm Beach Post July 31,2004 NO. 1459702 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No 2004CA001 923MB Parcel 101 Turnpike Enterprise STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Petitioner, vs. MARY JEAN JOHNSON WILGUS, JOG BELVEDERE DEVELOPMENT LLC, Michigan Limited Liability Company, Defendants.

NOTICE. TQSHOW CAiJSE AND NQTJCE OF SUIT STATE OF FLORIDA TO: Jog Belvedere Development LLC Attn: Bill Shroeger 2501 Coolidge, Suite 501 east Lansing. Ml 48823 To all said Defendants who are living, and if any or all uerenaanis are deceased, the unknown spouse, heirs, aevisees, grantees, credi tors, lienors, or other parties claiming bv. throuah under, or against any such deceased Defendant of Defendants, if alive, and dead, their unknow spouse, heirs, devisees grantees, creditors, lienors, or other parties claiming by. through, under, or against any sucn deceased Defen dants, and all other parlies having or claiming to have any rtght, title, or interest in ana to tne property des cribed in the Petition and attached hereto.

You are notified that the Peti tioner filed its sworn Peti tion and its Declaration of Taking in this Court against you as Defendant, seeking 10 conoemn Dy eminent domain proceedings the above described property located in the State ot Florida, County ot Palm Deacn. You are further notified that the Petitioner will apply to the Honorable Timothy P. McCarthy one of the Judges this Court, on September 29, 2004 at 9 30 am at the Palm Beach County Court house, Courtroom 9B, 205 Dixie Highway, West raim Beacn. hionoa. Jo4ui for an Order of Taking in this cause.

All defendants this suit may request a hearing at the time and place designated and be neara. Any defendant tail ing to file a request tor neanng snail waive any ngnt object to the Order of Taking. The purpose of the Hearing shall be to take title thai certain property Identified as parcel 101 and itemsegment No 406112-1. All persons claiming any right, title or interest in tne aDove described parcel of rea property shall appear at said time to be heard on all for the takina of said parcel oi property or oe ror-ever barred from any further interest in said property not presented at such time and place. ANU (c) (d) to If on rignis 10 property actually taken.described said attached pare descriptions Is necessarv I the performance of its duties and for the construction reconstruction, operation and maintenance of said state facility for the use the general public; and the Department Is hereby autnonzea ana directed tc acquire the same by gift, purchase or condemnations.

STATE OF FLORDIA DEPARTMENT OF TRANSPORATION BY: JAMES ELY, EXECUTIVE DIRECTOR AND CHIEF EXECUTIVE OFFICE FOR FLORIDA'! TURNPIKE ENTERPRISE DATE: 72204 ATTEST: Elizabeth M. Decker Executive Secretary (SEAL) FEE SIMPLE LIMITED ACCESS RIGHT-OF-WAY A PARCEL OF LAND BEING A PORTION OF; Tracts 7. 8. and 9. Block 4 PLAT NO.

3 PALM BEACH FARMS CO. In the Southest Quarter of Section 2 Township 43 South, Range 42 tast or paim Beacn County, Florida, as recorded in Plat Book 2, Page 45 of the Public Records of Palm Beach County, Florid being more particularly oescnoea as roitows: Commense at a Palm Beach County Brass Disc set in Concrete Monumen marking the Northwest corner or tne norineasi Quarter of said Section 27, Township 43 South, Range 42 East; thence South 01 '47 03" West along the West line of the Northeast and Southeast Quarters of said Section 27, a disance of 2888.35 feet; thence South 89 02' 44" West distance of 132.47 feet to the Southeast corner of Tract 6 of said Block 4 thence continue Sout 89'02'44" West along the soutn line ot said I ract distance of 782 87 feet to Doint of the Westerl Existing Right-of-Way line of jog htoaa as snown in Palm Beach County Project No. 84225B; thence South 24 24'19" East along said westerly txisting hiignt-ot-Way line of Jog Road, distance of 87.52 feet to the POINT OF BEGINNING thence continuing along said Westerly Existing Right-of-Way line of Jog l-toaa tne following two cans: (1) thence South 24'24T 9' East, a distance of 202.67 feet; (2) thence South 22'17'57 East, a distance of 52.63 feet; thence depar ting said westerly bxistini Right-of-Wav Sout 69'24'30" West, a distance of 606.38 feet to th beginning of a tangent curve concave southeaster having a radius of 1977 feet and a central angle of Z4 43 3j tnence from a chord bearing of South 57'01'44" West Southwesterly along the arc of said curve; a distance of 854.53 feet to the end of said cuve; thence South 44 38'57" West, a distance of 242.36 feet to the West property line of a parcel of land as described in Official Record Book 14625, Page 224 ot the Public Records of Palm Beach County, Florida; thence along said west line North 0O'55'18" West a distance of 130.07 feet to a point ot the Easterly Existing Limited Access Right-of-Way line of state Moaa vi (htonaa 8 Turnpike) as shown in Right-of-Way Map of State Road 91, Financial Project Identifier Number 4061 12- 1, Palm Beach County (hionoa 8 turnpike at joi Road): thence Nortl 40'38'55" East, a distance of 1229.67 feet along said Easterly Existing Limited Access Right-of-Wav ine of State Road 91 to a point on the Southerly Rioht-of-Way line or Laxe wonn uramage District Lateral 2 Canal (LWDD L-2 Canal) as recoroea in cmiciai Hecord Book 6495, Page 761 of the Public Records of Palm Beach County, Florida; thence along said Southerly Right-of-Way line of LWDD canal tne toiiowini three calls; (1) thence Nortl 89 02 08" East, a distance of 394 88 teet; thence North 01 35 25" West, a distance of 8 24 feet; thence North 89'04T3" East, a distance of 152 07 feet to the POINT Or BEGINNING Containing 9.524 acres, more or less. Together with all rights of ingtess, egress, ngnt, air and view between grantors leiimiKiiiy piopeny ana any facility constructed on the acove described orooertv AND ACCESS RIGHTS ONLY All rights of access, egress, ingiess, ngnt, air ang view between that property described in Official Record Book 14625. Paoe 224 of the Public Records of Palm Beach County.

Flonda. and Jog Road along the following oescnoea line: line within Tract 7. ock 4 of PLAT NO. 3 PALM BEACH FARMS CO. in the Southwest Quarter of Section 27, Township 43 South, Range 42 East of paim Beacn countv.

Florida, as recorded in Plat Book 2 Page 45 of the Public Records of Palm Beach Countv. Florida being more particularly uesuiiuea as ichkiws Commence at a Paim Beach county Brass Disc set in a Concrete Monument marking the Northwest corner of the Northeast Quarter of said Section 27, Township 43 South, Range 42 East; thence South 01 '47 03" West along the West line of the Northeast and Southeast Quarters of said Section 27, a distance of 2888 35 feet; thence South B9'02'44" West, a distance of 132 47 feet to the Southeast corner nf Tract 6 of said Block thence continue South 89 02 44" West along the soutn line ot said Tract fi distance of 782 87 feet to a point on the Westerly Existing Right-of-Way line ui jug nuaa as snown in Palm Beach County Project No. 84225B; thence along said Westerly Existing Right-ot-Way line of Jog Road the followino two courses; (1) thence South ai bast, a distance of 290.19 feet; (2) thence South 22'17'57" East a distance of 52 63 feet to the PUIN Oh BEGINNING thence along said Westerly niyin-ui-uy one OT JOg Road the following two courses: (1) thence South 22'17'57" East, a distance 143.56 feet to the beginning of a non-tangent curve concave Westerly having a radius of 2794.79 feet and a central angle of nora oeanng of South 6'07'50" East. South easterly along the arc of said curve, a distance of 130.44 feet to the end of said cufve and to a point Oh fcHMNUS PARCEL 101 contains a total or 9.524 acres, more or Walter De La Rocha Professional Surveyor and mauuer no. ouai State of Florida January 13, 2004 bXHIBI i ir STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION MARY JEAN JOHNSON WILGUS.

ETC Ft At STATE OF OWNERSHIPS AMU bNCUMBHANCES PARCEL 101 WNED BY: Joa i Belvedere Development By: IN OF a 1 2 11 by TRANSPORTATION Florida's Turnpike Enterprise co George K. Gaskell. Assistant General Counsel Turnpike Mile Post 263, hjurtdina 531 5. Post Office Box 613069 Ocoee, FL 34761 On or before September 29, 2004, and to tile the originals with the Clerk of this Court on that date, to show what right, title, interest or lien you, or any of you, have in ana to tne property aes cribed in the Petition and to show cause, If you have any, why the property snouid not oe condemned for the uses and purposes as set forth in tne petition. If you fail to answer, default may be entered against you for the relief demanded in the petition, it you fail to request a hearing on the Petition for Order of Taking, you shall waive any right to object to said Order ot laking.

It you are a person with a disability who needs any accommodation in order to participate in this proceeomg, you are emnieo, at no cost to you, to the provisions of certain assistance. Please contact the ADA Coordinator, Clerk of the Court. 205 N. Dixie! Mignway. noom o.zsuu, West Palm Beach, Florida, 33401; telephone number (561) 355-4380, within two (2) working days of your receipt of this (described notice); If you are hearing or voice impaired, call i-HUU- 955-8771." WITNESS MY HAND AND THE SEAL of this Court on the 27th day of Juhr.

2004. UUMUIMY hi. VVILKfcN CLERK OF THE CIRCUIT COURT By: Isl Carey A. Fox Deputy Clerk IN IHECIHUUII COUHT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 2004CA001 923MB Parcel 101 Turnpike Enteiprise STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Petitioner, vs.

MARY JEAN JOHNSON WILGUS. JOG BELVEDERE DEVELOPMENT LLC, a Michigan Limited Liability company, et ai. Defendants. PETITION IN EMINENT DOMAIN Petitioner, STATE OF I-LUHIUA, UfcPAH I MfcNT OF TRANSPORTATION sues the Defendants named herein, and alleges: I.This is an action in eminent domain to condemn certain real property located in t-aim eacn county Florida. 2.The Petitioner is exercising the right of eminent domain by virtue of the authority granted to it by Chapter 334 tnrough 341 and Section 479.15, inclusive, Florida Statutes, known as the Florida Transoortation Code, and Chapters 73 and ii, hionoa statutes, as mended, and by resol- utions duly and regularly adopted by the Executive Director of the Turnpike Enterprise, a division of the Department of transport ation, true copies of which resolutions are attached as Exhibits and to acquire by the exercise of tne power or eminent domain as provided by law, all property or property rights, whether public or private, wnicn are necessary to the performance of its duties and the execution of its powers.

A description identifying the DroDertv souoht to be acquired is attached hereto as Exhibit The estate or interest to be acguired is set forth in the foregoing legal descrip tions) attached as Exhibit The Petitioner has made a diligent search and inquiry to oiscover tne names, residences, legal disabilities and interests in the property oi an owners, lessees executors, administrators. trustees, mortgages, ment creditors, lienhofders. or persons in possession u.u uun, iiaviinji or claiming any right, title or interest in the property. Attached hereto as Exhibit and incorporated herein a statement of owner ships and encumbrances as to the property. Petitioner has no knowledge of any other persons having any tmeresi in ine properties.

i nere exists or mav exist outstanding real property! taxes or other liens due and owing to any governmental entity identified in Exhibit Petitioner has surveyed and located its line or area ot construction and intends. in good taith, to construct the transportation project on or over the property described In this Petition The Petitioner has complied. wiltLalL conditions precedent to Petitioner mm uici condemnation of the piupeny. -i 1. 1 nere are no mobile homes located on the properties sought to be acguired.

10 Petitioner reserves its rights under federal and state laws to make any and all claims for environmental damages andor waste associated with anv contaminants, including but nui nmiieu ro, petroleum products, hazardous waste and medical waste determined to be present on or released onto the property. WHERFORE. Petitioner demands: (atThat the property ueatiiu4U ill una rtJIIUOn D6 condemned and taken by the Petitioner for the uses and purposes set forth in this Petition and that the ut "no Petitioner in the property, as set forth In the Petition, be vested in the Petitioner. (b)That there be a jury trial uy a jury of ll pel all issues so triable: That the jury be required to view the property; That Petitioner be granted pusse ssiuit ana tine in advance ot final judgment. STATE OF FLORIDA.

DEPARTMENT OF TRANSPORTATION Post Office Box 61 3069 Ocoee, FL 34761 uiane G. LeRoy. Turnpike Enterprise General Counsel (4071 532-3999 (407) 822-6443 (fax) oy: isi ueorge r. liasken ueorgerv uasken Assistant General Counsel Flonda Bar Number 0330388 STATE OFFLORDA COUNTY OF ORANGE BEFORE ME. an officer Blrthnnuil ailminielar nolha I van i Kuioviiaiiy ajjeaieu Ilia undersigned attorney for the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, who, being be me first duly sworn, deposes and says uiai tto nnuriiey tor ine Petitioner, he has read the foregoing Petition, and that the best of his know- ledge, information and belief, the matters alleged are true and correct; and that diligent search and inquiry have been made by the Petitioner, through the Department's authorized agents, to ascertain the! names ot the occuDants.

and the names, places of iBsiueiiie, legal aisaoilllies, any, and the interest of Hie owners and lienors of and the land more particularly described in the Petition. isi George K. Gaskell Georoe ftaKknll RF I i ot for NOW, of Office of the State Florida, Department ot I ransportation. Dated this 22 day of July zuu4, at ucoee. urang County, Florida.

Elizabeth m. Decker, Executive Secretary Executive Director and Chief Executive Officer Florida's Turnpike WHEREAS, pursuant to Chapters 334 through 339 aitu cnapter a ana 4 t-ioriaa statutes, a amended, the State of Florida Department of I ransportation Depart has authority to Icoated and designate cetain lransportatio facilities andor transportation corridors and to plan construct, aesiqnate establish, regulate, vacate. alter, improve, maintain and provide limited access facilities and related im provements, including but not limited to the acquistion of fee simple permanent drainage easement, toll facilities, access roads temporary constructioi easements, borrow pits, and any and all property rights of any nature needed to taciii fate such construction maintenance and operations with funds which are now or which mav hereafte become available to the Department; and WHEREAS, the property to De acquirea nereunaer is the part of the Jog Road interchange and Honda Turnpike Enterprise in Palm Beacn county, hionaa, statutorily authorized limited access facility on tn Turnpike Svstem: and. WHEREAS, pursuant to suction 33 27, norlda Statutes, the Secretary of i ransportation na delegated the authority to execute eminent domain resolutions to the chief executive officier of the office of the Florida Turnpike Enterprise fo property to be acquired for tne i urnpike system; and, WHEREAS. James L.

Elv rttl of said Enterpirse; and, WHEREAS, the Turnpike cnier executive unice ot the Department, by Resolution dated December 1, 2003, did locate and designate ItemSegment Number FP 4061 12-1 of said state limited access facility; and. WHEREAS, it is the finding of me executive uirector ang Chief Executive Officer, that the acquisition of the properties and property rights as described in the parcel descriptions under Department ot Transport ation Parcel Number 101 which description is attached hereto and by rererence maoe a part hereof, is necessary, to the extent of the estate of interest set forth in the respective parcel dscriotion. for the performance of the duties of the Department ang ror tne construction, reconstruction, operation and maintenance of said state facility. NOW, THEREFORE, BE IT RESOLVED. BY THE State of Florida Department of i ransporanon, that said property descriptions are ratniea ana connrmea and.

BE IT FUTHER RESOLVED. by the State ot Florida Department of Transportation, that the acquistion of tne property ngnts, including any designated access rights to property not actually taken.described in said attached parcel descriptions is necessary for the performance of its duties and for the construction reconstruction, operation and maintenance of said state facility for the use of the general public; and the Department is hereby authorized and directed to acquire the same by gift purchase or condemnations. SI Alt Oh hLOHDIA DEPARTMENT OF TRANSPORATION BY: JAMES ELY. EXECUTIVE DIRECTOR AND CHIEF EXECUTIVE OFFICE FOR FLORIDA TURNPIKE ENTERPRISE DATE: 72204 ATTEST: Elizabeth M. Decker Executive Secretary (SEAL) FEE SIMPLE LIMITED ACCESS RIGHT-OF-WAY PARCEL OF LAND BEING A PORTION OF: Tracts 7, 8, and 9, Block 4 of "LA I NO, 3 HALM BEACH FARMS CO.

in the Southest Quarter of Section 27, Township 43 South, Range 42 East of Palm Beach County. Florida, as recorded in Plat Book 2, Page 45 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commense at a Palm Beach County Brass Disc set in i Concrete Monumen marking the Northwest corner of the Northeast Quarter of said Section 27 Township 43 South. Rangi 42 East; thence Soull 01 '47 '03" West along the West line of the Northeast and Southeast Quarters of said Section 27, a disance ot 2888 35 feet; thence South 89'02' 44" West, a distance of 132.47 feel to the Southeast corner of Tract 6 of said Block 4 thence continue South 89 02 44" West along the south line of said Tract 6, distance of 782 87 feet to point on the Westerl Existing Right-of-Way line of Jog Road as shown in Palm beacn county Project No 84225B; thence Soutt 24 24'19 East along said westerly Existing Right Of-Wav line of Jna Rnari distance of 87.52 feet to the POINT OF BEGINNING thence continuing along said Westerly Existing Right-of-Way line of Jog nuaa me roiiowmg two calls: (1) thence South 24 24' 19' East, a distance of 202.67 feet; (2) thence Sout 22 17'57" East, a distance of 52 63 feet: thence departing said Westerly Existing Right-of-Way South 69 24p30" West, a distance of 606 38 feet to the beginning ot a tangent curve concave Southeasterly having a radius of iu.4B teet ana a central angle of thence from a chord bearing of South West Southwesterly along the arc of said curve; a distance of 854 53 teet to the end of said cuve; thence South 44 38'57" West, a distance of 242 36 feet to the West property line of a parcel of land as described in Official Hecord Book 14625, Page 224 of the Public Records of Palm Beach County, Florida: thence alonn said west line North 00 55 18 West a distance of 130.07 feet to a point of the Easterly Existing Limited Access Right-of-Way line of State Road 91 (Florida's Turnpike) as shown in Right-of-Way Map of State Road 91, Financial Project Identifier Number 406112-1, Palm Beach County (Florida's Turnpike Jog Road); thence North 40'38'55" East, a distance 1229 67 feet along said Easterly Existino Limited Access Right-of-Way line of siate hioao ui to a point on the Southerly Right-of-Way line of Lake Worth Drainage District Lateral 2 Canal (LWDD L-2 Canal) as recorded in Official Record Book 6495, Page 761 of the Public Records of Palrn Beach County. Florida thence along said Southerly Right-of-Way line ot LWDD L- canal tne tonowin three calls; (1) thence Nortl 89 02 08" East, a distance of 394.88 feet; thence North 01 35'25" West, a distance of 8 24 feet; thence North 89'04T3" East, a distance of 152 07 feet to the POINT OF BEGINNING. a of N.

to to to as Each Recorded Mortgage in favor or Secured Advanced Jog Blevedere, LLC, a Michigan Limited Liability Company 2501 Coolidge, Suite 501 East Lansing, Ml 48823 Recorded in the Official Records of Palm Beach County, Florida OR Book 16312 Page 1172 Unrecorded Mortgage in favor of: Fuad Hadi 875 E. Camio Real E-5 Boca Raton, FL 33432 Interest in property held by: Sam Eyde 2800 Eryon Circle Lansing Ml 48912 Outdoor Advertising Signs permitted to: National Advertising Comoanv co the Prentice Hall Corp. system, inc. registered agent 1201 Hays Street Tallahassee, FL 32301 All real property taxes due ana owing in paim Beacn county, hionaa. PUB: The Palm Beach Post July 31, 2004 NO.

1459752 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 2004CA001 923MB Parcel 101 Turnpike Enterprise SIAIbOh hLUHHJA, DEPARTMENT OF TRANSPORTATION, Petitioner, vs. MARY JEAN JOHNSON WILGUS. JOG BELVEDER DEVELOPMENT LLC. a Michigan Limited Liability company, eic, ei Defendants.

ro show AND NOTlCE-Or ESffl 'II STATE OF FLORIDA TO Eastwood LLC Attn: Michael Eyde 2501 Coolidge, Suite 501 East Lansing. Ml 48823 To all said Defendants who are living, and if any or all ueienoants are aeceasea, the unknown spouse, heirs, devisees, grantees, credi tors, lienors, or other par lies Claiming oy, through, under, or against anv such deceased Defendant of Defendants, if alive, and dead, their unknow spouse, heirs, devisees grantees, creditors, lienors, or other parties claiming bv, through, under, or against any such deceased Defendants, and all other parties having or claiming to have any right, title, or Interest in and to the property described in the Petition and attached hereto. You are notified that the Peti tioner filed its sworn Peti tion and its Declaration of Taking in this Court against you as Defendant, seeking to condemn by eminent domain proceedings the above described property located in the State of Florida, County of Palm Beach. You are further notified that the Petitioner will apply to the Honorable Timothy P. McCarthy one of the Judges of this Court, on September ZW4 at su a.m.

at tne Palm Beach County Court house, Courtroom 9B, 205 N. Dixie Highway. West Palm Beach. Flonda. 33401 for an Order of faking in mis cause, ah oerenaants to this suit may request a neanng ai ine time ana Rlace designated and be eard.

Any defendant failing to file a requeet for hearina shall waive anv rioht to object to the Order of Taking. The purpose of the Hearing shall be to take title to that certain property toeniinea as parcel iui ana as itemsegment no 406112-1. All persons claiming any right, title or interest in ine aDove described parcel of real property shall appear at said time to be heard on all issues for the taking of said parcel of property or be forever barred from anv fur ther interest in said prop erty noi presented at sucn ume ana piace. AND Each Defendant Is hereby lequiitju tu tequest a near-ing, desired, and to serve written defenses to said Petition, If any, on: DEPARTMENT OF TRANSPORTATION Florida's Turnpike Enterprise co ueorge iv uaskeit, Assistant General Counsel Turnpike Mile Post 263, Building 5315, Post Office Box 61 3069 Ocoee. FL 347(51 On or before September 29.

zuu4, ano to tne the oriai nals with the Clerk of this Court on that date, 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 you have any, why the property should not be condemned for the uses and purposes as sei form in ine petition. If you fail to answer, a default mav be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition tor Order ot Taking, you shall waive any right to object to said Order ot 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 provisions ot certain assistance. Please contact the ADA Coordinator.

Clerk of the Court, 205 N. Dixie Highway, Room 5.2500, West Palm Beach. Florida. 33401: telephone number (561) 355-4380, within two (2) working days of your receipt of this (described notice), if ou are hearina or voice mpairea, can i-uuu-udo- WITNESS MY HAND AND THE SEAL of this Court on the 27th day of July. 2004.

DOROTHY H. WILKEN CLERK OF THE CIRCUIT COURT Isl Carey A. Fox Deputy Clertt THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 2004CA001 923MB Parcel No 101 Turnpike Enterprise I A I UI- hLUHlUA DEPARTMENT TRANSPORTATION, Petitioner, MARY JEAN JOHNSON WILGUS, JOG BELVEDERE DEVELOPMENT LLC, Michigan Limited Liability vymnpuiiy, et Defendants. PETITION IN FMINFNJ BBMAIN Petitioner.

STATE OF FLORIDA, DEPARTMENT Uh IHANSPOHTATION, sues the Defendants named herein, and alleges: This Is an action in eminent domain to condemn certain real property located in ram oeacn county Florida. The Petitioner Is exercising tiyiii at eminem Domain virtue of the authority uratneu to Dy cnapter 334 through 341 and Section 479.15, inclusive, Florida Statutes known as the Florida Transportation Code, and Chapters 73 and 74, Florida Statutes, as amended, and by resolutions duly and regularly adopted by the Executive Director of the Turnpike Enterprise, a division of the Department ol Transportation, true copies ot which resolulions are attached as 1 BE BE Office of the State of Florida, Department pf Transportation. uaiea tnis a aay ui juiy. 2004, at Ocoee, Orange County, Florida. Elizabeth M.

Decker, Executive Secretary to Executive Director and Chief bxecuirve emicer or Florida's Turnpike WHEREAS, pursuant to Chapters 334 through 33B and Chapter 73 and 74, Florida Statutes, as amended, the State of cetain transportation facilities andor transportation corridors and to plan, construct, designate, establish, regulate, vacate, alter, improve, maintain and provide limited access facilities and related improvements, including but not limited to the acquistion of fee simple permanent drainage easement, toll facilities, access roads, temporary construction easements, borrow pits, and any and all property rights of any nature needed to facilitate such construction, maintenance and operations with funds which are now or which may hereafter become available to the Department; and WHEREAS, the property to be acquired hereunder is the part ot the Jog Road Interchange and Florida's Turnpike Enterprise in Palm Beach County, Florida, a statutorily authorized limited access facility on the Tumoike Svstem: and. WHEREAS, pursuant to Sbction 337.27, Florida Statutes, the Secretary of Transportation has delegated the authority to execute eminent domain resolulions to the chief executive officier of the office of the Florida Turnpike Enterprise for property to be acquired for the Turnpike Svstem: and. WHEREAS. James L. Elv is the Chief Exectuive Officer of said Enterpirse; and.

whibHtAS, tne turnpike cruet txecutive ottice ot the Department, by Resolution dated December 1, 2003, did locate and designate ItemSegment Number FP 406112-1 ol said state limned access facility; and. WHEREAS, it is the finding of the Executive Director and Chief Executive Officer, that the acquisition of the properties and property rights as described in the parcel descriptions under Depart- ment of Transportation Parcel Number 101, which description is attached hereto and by reference made a part hereof, is necessary, to the extent of the estate of interest set forth in the respective oarcel dscriDtion. for the perform- ance of the duties of the Department and for the construction, reconstruction, operation and maintenance of said state facility. NOW, THEREFORE, BE IT RESOLVED. BY THE State ot Florida Department of Transporation, that said property descriptions are ratified and confirmed- and BE IT FUTHER RESOLVED, by the state of Florida Department of Transportation, that the acquistion of the property rights, including any designated access rights to property not actually taken.described in said attached parcel descriptions is necessary for' the performance of its duties and for the construction, reconstruction, operation and maintenance of said state facility for the use nt the general public; and the Department Is hereby authorized and directed to acquire the same by gift, purchase or condemnations.

I A 1 1 OF FLORDIA DEPARTMENT OF TRANSPORATION BY: JAMES ELY, EXECUTIVE DIRECTOR AND CHIEF EXECUTIVE OFFICE FOR FI OPinA'S TURNPIKE ENTERPRISE. DATE: 72204 ATTEST- Elizabeth Decker Executive Secretary icrAi FFF simp i iijrrpn A PARCFi np 1 Awn utiun A PORTION OF: Tracts 7. 8. and 9 Block 4 ni PIATNO ipuuncim l-AHMS CO tha Sii rthoot Ouartar nf cannH o- Townshin 4.1 d- ao y. lhi ui raim neacn County, Florida, as recorded in Plat Rnnt 9 the Public Records of Palm Beach County Florida hainn desenbed as follows- Commense at a Palm Beach County Brass Disc set in a Conrr.

Tl. Ilia TP, in 0 fn NnrlhujaDl enmar ni ih. Quarter of said Section 27 Township 43 South Ranoe 42 East; thence 01 47 03" West along the West line of the Northeast and Southeast Quarters of said Section 27, a disance of 2888.35 feet; Ihence South 89 02' 44" West a distance ot 13? 47 fat'n the Southeast corner of Tract 6 of said Block 4-thence continue South 89'02'44" West along the South line ot said Trad 6 a distance of 782 87 feet to a nmnt nn ihA Existing Right-of-Way line of Jog RcTad as stown lm Beach County Proiart No 84225B; thence South 24 '24 19" East alnan Westerly Existing Right-of-Way line of Jog Road, a distance of 87 52 feet to the POINT OF BEGINNING; thence continuing along said Westerly Existing Right-of-Way line of Jog 1 (r fence south 24 24 1Q" East, a distant nt feet; (2) then oi oz. B3 teet- thence ,4.. 7 departing said Westerlv ExistingRight ofwLv South 69'24l30" Weal distance of 606 38 faai in the beginning of a tanoa eurveBconcave Soufh easterly havinn having a radius of 1977.48 feet and a central angle ot 244tv.w ih from a chord bearing of Smith KTfti'AA nLr: Southwesterly along the arr ot said curveTa dlslance 854.53 feet 'to The of Mid cuve: South 44 of 242.36 teet to tha properly line of a parcel of land as doscribed In Official hiecora Book 14 224 of the Public Records rt-Pa Baarh cribed property.

9.There are no mobile homes located on the properties sought to be acquired. 10 Petitioner reserves its rights under federal and 6tate laws to make any and all claims for environmental damages andor waste associated with any contaminants, including but not limited to, petroleum products, hazardous waste ano medical waste deter mined to be present on or released onto the property. WHERFORE, Petitioner demands: (alThat the property des- cnueu hi tins reuuun uu condemned and taken by the Petitioner for the uses and purposes set forth in this Petition and that the interest sought by this Petitioner in the property, sel forth in the Petition, be vested in the Petitioner. (b)That there be a jury trial, py a jury or 12 persons. Of an issues so inane: (c)That the jury be required to view tne property; (d)That Petitioner be granted possession ano line in aovance or final judgment.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Post Office Box 61 3069 Ocoee, FL 34761 Diane G. LeRoy, Turnpike Enterprise General Counsel (407) 532-3999 (407) 822-6443 (faxl By: s7 George K. Gaskell LTeorgerv basxeii Assistant General Counsel Florida Bar Number 0330388 STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME. an officer authorized administer oaths. personally appeared the undersigned attorney for the I A I Uf hLUHlUA, DEPARTMENT OF TRANS PORTATION, who, being be me first duly sworn, deposes and says that as Attorney for the Petitioner.

he has read the foregoing Petition, and that to the best of his knowledge, inform ation and belief, the matters alleged are true and correct: and that diligent search and inquiry have been made bv the Petitioner, through the Department's authorized agente, to ascertain the names of the occupants. and the names, places of iaiiutiiiA, ittyai uisauilllies, if any, and the interest of the owners and lienors of and on the land more particularly described in fhe Petition. Isl George K. Gaskell Georoe Gaskell SWORN TO AND SUBSCRIBED Before me, this 27 day of Isl Jacqueline Q. Kinker Notary Public Slate of Florida at Large My Commission Expires: January 9, STATE OF FLORIDA DEPARTMENT OF TRANSPORATION FLORIDA'S TURNPIKE ENTERPRISE PROJECT RESOLUTION FOR STATE HIGHWAY SYSTEM PROJECTS WHERES, pursuant to Chapter 334 through 339 ana cnapter ano 4, Florida Statutes, as amended, the State of Florida Department of Transportation has authority to locate ano oestgnaie certain transportation facilities as a part of the State Hiuhwav System and construct and mainiain ine same with tunds which are now or which may hereafter bnenma availahla In lha Department and WHEREAS, pursuant to Chapter 334 throuah 339 and Chapters 73 and 74, 1 hionoa statutes, a mended, the highway uiiiuuiioa ui 1110 state.

counties, cities, towns, and villages, acting alone or in cnoneratinn with aar-h nthar I r- or witn any tederal, state or local agency of any other state having authority to participate in ine construe- lion and maintenance of transportation facilties, are authorized to designate, provide and regulatelimrted access factlnies: and uu'ouam iu Section 337.25. Florida Statues, the Secretary of Transportation has dele- gaterthe authority to execute eminent dmain resolutions to the chief administrative officer ot the hlonda I urnpike Enterprise; and WHEREAS, the property Is being acquired by Florida's urnpike tmerpnse 01 the Department; and WHEREAS, Mr. James Ely Is the Executive Director and chief administrative officer of said Enterpnse: and WHEREAS, Hight of Way Ot Wav maps have been prepared showing the location ol Number 406112-1 NOW, THEREFORE, BE IT HtsOLVED, by the Executive Director that the part of the Jog Road Interchange and Florida's Turnpike Enterprise In Palm Beach County, Florida is hereby located and aitnough the line and location ot said part of said dhwau Rvaiam anrf iha Highway System and the Right ot Way maps prepared by the Depart- mom, aa aiotesaio, are hereby adopted as the official Right ol Way maps or said ItemSegment Number, and IT FURTHER RE- suLvtu, mat the txecutive Director, findings that traffic conditions present or uture, would justify said facility being designated as acce.ss hereby designates, or has designated the same as a limited access facility: and 5. The Petitioner has made a diligent search and inquiry to discover the names, residences, legal disabilities and interests in the property UAit: 12-1-03 THEREFORE, BE IT ATTEST: Elizabeth Decker Executive Secretary CERTIFICATE HEREBY CERTIFY that the foregoing is a true and correct copy ot a certain Resolution signed by the Executive Director and Chief Executive Officer of Florida's Turnpike in his official capacity on the 1st day of August, 2003. fhe original of which has the authentic seal of the Department ot Transport- ui an uwners, lessees, executors, administrators, trustees, mortgages, judg- inaiii uieunuis, iiennoioers, or persons in possession and all other persons having or claiming any right, title or interest in ine property.

Attached hereto as Exhibit and incorporated herein is statement ot ownerships and encumbrances as to the property. Petitioner has no knowledge of any other persona having any IT FURTHER RE LLC a Michigan Limited Liability Comoanv SOLVED, that it is the judgment of the Department that the construction of said Defendant is hereby HfcSOLVED, BY THE State Florida Department of ransporanon, that said property descriptions are rarniea ana confirmed; and, IT PI ITHPQ nEQni wen bv the State ot Florida riAnnrtmnnt nt ation, that the acquistion of SWORN TO A lequiieu lu lequesi a near-ing, if desired, and to serve written defenses to said Petition, If any, on: co Bill Shroeger, Agent 2501 Coolidge, Suite 5091 East Lansing, Michigan 48823 Copnlaining 9 524 acres, SUBSCRIBED I portion of said Item Florida; thence along sairi Segment Number is west line North 00' 55' IB-necessary, practical and In West a distance of 1 fir the best Interest of the feet fo a point niih. more or less. Before me, this 27 day of i.

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