12-05934L

FIRST INSERTION
NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF
HEARING DATE FOR CONSTRUCTIVE SERVICE OF PROCESS
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA - CIVIL ACTION
Case No. 12-CA-003107
LEE COUNTY ELECTRIC COOPERATIVE, INC.,
Petitioner, v.
ROBERT HENRY SOLOMON; HAROLD ARKIN; PAMELA ARKIN; GEORGE J. VANBERNUM; JAMES R. CAIL; WELLS FARGO BANK, N.A.; CAPITAL ONE BANK (USA), N.A.; WILLIAM TROY CAIL; MARTHA S. CAIL; MHC THE HERITAGE TWO, LLC; NORTH FORT MYERS UTILITY, INC.; THE HERITAGE HOMEOWNERS ASSOCIATION OF NORTH FT. MYERS, INC.; PATRICIA K. JONES; SOUTHWEST FEDERATED NORTH TEXAS LIMITED PARTNERSHIP; LEE COUNTY BOARD OF COUNTY COMMISSIONERS; JASON R. WILLIAMS; THOMAS N. DILORETO; CITIBANK, N.A.; ANY AND ALL PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER, AND/OR AGAINST THE NAMED DEFENDANTS; AND ANY AND ALL PERSONS, PARTIES, AND/OR UNKNOWN DEFENDANTS HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, AND/OR INTEREST IN AND/OR TO THE PROPERTY DESCRIBED IN SCHEDULE B,
Defendants.
TO: All Defendants named in attached Schedule A;
All Parties Claiming Interests By, Through, Under, and/or Against the Named Defendants; and
All Parties Having or Claiming to Have Any Right, Title, and/or Interest in and/or to the Property Described in attached Schedule B.
1. A Petition in Eminent Domain (“Petition”) has been filed to acquire certain property interests in Lee County, Florida.
2. Each Defendant is required to serve written defenses to the Petition on Petitioner's attorney, whose name and address are shown below, on or before January 18, 2013, and to file the original of the defenses with the Clerk of Circuit Court, Lee County, Florida either before service on Petitioner's attorney or immediately thereafter, showing what right, title, interest, and/or lien that Defendant has in and/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 Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Petition.
3. PLEASE TAKE NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner will apply for an order of taking and any other order the Court deems proper before the Honorable Joseph C. Fuller, Jr., one of the judges of this Court, on January 28, 2013 at 1:30 p.m. in Hearing Room 4-P of the Lee County Justice Center, 1700 Monroe Street, Ft. Myers, Florida 33901. All Defendants in this action 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.
SCHEDULE A
1. Defendant, Robert Henry Solomon, believed to be a resident of Fort Myers or North Fort Myers, Lee County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-3 and described in Exhibit 1 to Schedule B.

2. Defendant, Harold Arkin, believed to be a resident of Cape Coral, Fort Myers, or North Fort Myers, Lee County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel NT-3 and described in Exhibit 1 to Schedule B.

3. Defendant, Pamela Arkin, believed to be a resident of Cape Coral, Fort Myers, or North Fort Myers, Lee County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel NT-3 and described in Exhibit 1 to Schedule B.

4. Defendant, George J. Vanbernum, believed to be a resident of Cape Coral, Lee County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-4 and described in Exhibit 2 to Schedule B.

5. Defendant, James R. Cail, believed to be a resident of North Fort Myers, Lee County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel NT-5 and described in Exhibit 3 to Schedule B.

6. Defendant, Wells Fargo Bank, N.A., a national bank having its principal place of business in Sioux Falls, Minnehaha County, South Dakota, may have or claim an interest in the property known as Parcel NT-5 and described in Exhibit 3 to Schedule B as a successor to First Union National Bank, N.A.

7. Defendant, Capital One Bank (USA), N.A., a national bank having its principal place of business in Glen Allen, Henrico County, Virginia, may have or claim an interest in the property known as Parcel NT-5 and described in Exhibit 3 to Schedule B.

8. Defendant, William Troy Cail, believed to be a resident of Cape Coral, Lee County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as NT-6 and described in Exhibit 4 to Schedule B.

9. Defendant, James R. Cail, believed to be a resident of North Fort Myers, Lee County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel NT-6 and described in Exhibit 4 to Schedule B.

10. Defendant, Martha S. Cail, believed to be a resident of North Fort Myers, Lee County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel NT-6 and described in Exhibit 4 to Schedule B.

11. Defendant, Capital One Bank (USA), N.A., a national bank having its principal place of business in Glen Allen, Henrico County, Virginia, may have or claim an interest in the property known as Parcel NT-6 and described in Exhibit 4 to Schedule B.

12. Defendant, MHC The Heritage Two, LLC, a Delaware limited liability company having its principal place of business in Chicago, Cook County, Illinois, may have or claim an interest in the property known as Parcel NT-8 and described in Exhibit 5 to Schedule B.

13. Defendant, North Fort Myers Utility, Inc., a Florida corporation having its principal place of business in Miami, Dade County, Florida, may have or claim an interest in the property known as Parcel NT-8 and described in Exhibit 5 to Schedule B.

14. Defendant, The Heritage Homeowners Association of North Ft. Myers, Inc., a Florida corporation having its principal place of business in North Fort Myers, Lee County, Florida, may have or claim in interest in the property known as Parcel NT-8 and described in Exhibit 5 to Schedule B.

15. Defendant, Patricia K. Jones, believed to be a resident of Chiefland, Levy County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-11 and described in Exhibit 6 to Schedule B.

16. Defendant, Southwest Federated North Texas Limited Partnership, a Texas limited partnership having its principal place of business in Dallas, Dallas County, Texas, may have or claim an interest in the property known as Parcel NT-11 and described in Exhibit 6 to Schedule B.

17. Defendant, Lee County Board of County Commissioners, may have or claim an interest in the property known as Parcel NT-11 and described in Exhibit 6 to Schedule B.

18. Defendant, Jason R. Williams, believed to be a resident of North Fort Myers, Lee County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-12 and described in Exhibit 7 to Schedule B.

19. Defendant, Thomas N. Diloreto, believed to be a resident of Alva, Lee County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-12 and described in Exhibit 7 to Schedule B.

20. Defendant, Citibank, N.A., a national bank having its principal place of business in Sioux Falls, Minnehaha County, South Dakota, may have or claim an interest in the property known as Parcel NT-12 and described in Exhibit 7 to Schedule B as a successor to Citibank (South Dakota), N.A.

21. Any and all parties claiming an interest by, through, under, and/or against the named Defendants.

22. Any and all persons, parties, and/or unknown Defendants having or claiming to have any right, title, and/or interest in and/or to the property described in Schedule B.

SCHEDULE B

Easement description for Parcel NT-3 attached as Exhibit 1

Easement description for Parcel NT-4 attached as Exhibit 2

Property description for Parcel NT-5 attached as Exhibit 3

Property description for Parcel NT-6 attached as Exhibit 4

Easement description for Parcel NT-8 attached as Exhibit 5

Easement description for Parcel NT-11 attached as Exhibit 6

Easement description for Parcel NT-12 attached as Exhibit 7

LEGAL DESCRIPTION
OF AN EASEMENT LYING IN
SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(PROPOSED LEE COUNTY ELECTRIC COOPERATIVE EASEMENT)

NT-3

A LEE COUNTY ELECTRIC COOPERATIVE EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING OVER, ACROSS AND THROUGH A PART OF A PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1807, PAGE 302 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE N.89°26'15”W. ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 26, A DISTANCE OF 883.55 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE S.11°14'00”E. ALONG SAID LINE FOR 676.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUE S.11°14'00”E. ALONG SAID WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD FOR A DISTANCE OF 676.76 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1807, PAGE 302; THENCE N.89°14'12”W. FOR A DISTANCE OF 99.27 FEET; THENCE N.01°01'04”W. FOR A DISTANCE OF 209.21 FEET; THENCE N.11°14'00”W. ALONG A LINE PARALLEL WITH AND 60.00 FEET WESTERLY OF SAID WESTERLY RIGHT-OF-WAY LINE OF FORMER SEABOARD COASTLINE RAILROAD FOR A DISTANCE OF 462.87; THENCE S.89°20'13”E. ALONG SAID NORTH LINE OF SAID PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1807, PAGE 302, FOR A DISTANCE OF 61.32 FEET TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 1.02 ACRES +/-

BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AS BEING N.89°26'15”W.

LEGAL DESCRIPTION
OF AN EASEMENT LYING IN
SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(PROPOSED LEE COUNTY ELECTRIC COOPERATIVE EASEMENT)

NT-4

A LEE COUNTY ELECTRIC COOPERATIVE EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING OVER, ACROSS AND THROUGH A PART OF A PARCEL RECORDED IN OFFICIAL RECORDS BOOK 4065, PAGE 146 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE N.89°26'15”W. ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 26, A DISTANCE OF 883.55 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE S.11°14'00”E. ALONG SAID LINE FOR 35.44 FEET TO THE SOUTH RIGHT-OF-WAY OF LAUREL DRIVE AS SHOWN ON MAPS PREPARED BY AIM ENGINEERING FOR LEE COUNTY DEPARTMENT OF TRANSPORTATION, DATED 04-28-2003 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUE S.11°14'00”E. ALONG SAID WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD FOR A DISTANCE OF 640.86 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL RECORDED IN OFFICIAL RECORDS BOOK 4065, PAGE 146; THENCE N.89°20'13”W. ALONG SOUTH LINE OF SAID PARCEL FOR A DISTANCE OF 61.32 FEET; THENCE N.11°14'00”W. ALONG A LINE PARALLEL WITH AND 60.00 FEET WESTERLY OF SAID WESTERLY RIGHT-OF-WAY FORMER SEABOARD COASTLINE RAILROAD FOR A DISTANCE OF 640.92; THENCE S.89°16'49”E. ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LAUREL DRIVE FOR A DISTANCE OF 61.33 FEET TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 0.88 ACRES +/-

BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AS BEING N.89°26'15”W.


LEGAL DESCRIPTION
OF A PARCEL OF LAND LYING IN
SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(LEE COUNTY ELECTRIC COOPERATIVE PARCEL)

NT-5

A PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING THE PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1455, PAGE 633 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE N.89°26'15”W. ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 26, A DISTANCE OF 883.55 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE N.11°14'00”W. ALONG SAID LINE FOR 53.90 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID PARCEL RECORDED IN O.R. BOOK 4054 PAGE 536 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.67°54'44”W. ALONG THE NORTH LINE OF PARCEL RECORDED IN O.R. BOOK 4054 PAGE 536 FOR 38.07 TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF LAUREL DRIVE AS SHOWN ON MAPS PREPARED BY AIM ENGINEERING FOR LEE COUNTY DEPARTMENT OF TRANSPORTATION, DATED 04-28-2003; THENCE S.88°28'14”W. ALONG SAID NORTH RIGHT-OF-WAY OF LAUREL DRIVE FOR A DISTANCE OF 43.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL RECORDED IN O.R. BOOK 1455, PAGE 633; THENCE N.00°08'36”W. ALONG SAID WESTERLY LINE FOR A DISTANCE OF 414.88 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE S.11°14'00”E. ALONG SAID WESTERLY LINE FOR 407.21 FEET TO THE POINT OF BEGINNING.


PARCEL CONTAINS 16,535.47 SQUARE FEET OF 0.38 ACRES +/-

BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AS BEING N.89°26'15”W.

LEGAL DESCRIPTION
OF A PARCEL OF LAND LYING IN
SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(PROPOSED LEE COUNTY ELECTRIC COOPERATIVE PARCEL)

NT-6

A PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 744, PAGE 664 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE N.89°26'15”W. ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 26, A DISTANCE OF 883.55 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE N.11°14'00”W. ALONG SAID LINE FOR 461.11 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID PARCEL RECORDED IN O.R. BOOK 744, PAGE 664 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.00°08'36”E. ALONG SAID EAST LINE FOR A DISTANCE OF 285.23 FEET; TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N.89°26'08”W. ALONG THE SOUTH LINE OF SAID PARCEL FOR A DISTANCE OF 15.63 FEET; THENCE N.00°33'52”E. FOR A DISTANCE OF 22.83 FEET; THENCE N.89°26'15”W. FOR A DISTANCE OF 50.38 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL; THENCE N.00°01'30”W. ALONG SAID WESTERLY LINE FOR 477.87 FEET TO THE NORTH LINE OF THE SOUTH ½ OF THE SOUTH ½ OF THE NORTHEAST ¼ OF SECTION 26-43-24; THENCE S.89°14'38”E. ALONG SAID NORTH LINE FOR 22.42 FEET TO AN INTERSECTION WITH WESTERLY RIGHT-OF-WAY OF THE FORMER SEABOARD COASTLINE RAILROAD; THENCE S.11°14'00”E. ALONG SAID LINE FOR 220.04 FEET TO THE POINT OF BEGINNING.


PARCEL CONTAINS 0.62 ACRES +/-

BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AS BEING N.89°26'15”W.

LEGAL DESCRIPTION
OF AN EASEMENT LYING IN
SECTION 14, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(PROPOSED LEE COUNTY ELECTRIC COOPERATIVE UTILITY EASEMENT)

NT-8

A LEE COUNTY ELECTRIC COOPERATIVE EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 14, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING OVER, ACROSS AND THROUGH A PART OF A PARCEL RECORDED AT INSTRUMENT NUMBER 2007000342078 AND RERECORDED AT INSTRUMENT NUMBER 2008000014553 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE S.88°53'43”E. ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 1805.12 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE S.11°10'55”E. ALONG SAID WESTERLY RIGHT OF WAY FOR A DISTANCE OF 4,056.56 FEET TO THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED AT INSTRUMENT NUMBER 2007000342078 AND RERECORDED AT INSTRUMENT NUMBER 2008000014553 AND THE POINT OF BEGINNING; THENCE CONTINUE S.11°10'55”E. FOR A DISTANCE OF 1,135.65 FEET TO THE NORTH LINE OF DEL PRADO EXTENSION RIGHT OF WAY (LANDS TAKEN BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3182, PAGE 4582) AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2,531.06 FEET; THENCE ALONG SAID CURVE AND RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 01Ëš31'24”, A CHORD BEARING OF S.88Ëš38'58”W., A CHORD DISTANCE OF 67.29 FEET, AN ARC LENGTH OF 67.29 FEET; THENCE N.11°10'55”W. FOR A DISTANCE OF 508.81 FEET; THENCE S.89°28'33”W. FOR A DISTANCE OF 34.29 FEET; THENCE N.11°10'55”W. FOR A DISTANCE OF 85.00 FEET; THENCE N.89°28'33”E. FOR A DISTANCE OF 34.29 FEET; THENCE N.11°10'55”W. FOR A DISTANCE OF 457.83 FEET; THENCE S.89°28'33”W. FOR A DISTANCE OF 34.29 FEET; THENCE N.11°10'55”W. FOR A DISTANCE OF 85.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID PARCEL DESCRIBED AT INSTRUMENT NUMBER 2007000342078 AND RERECORDED AT INSTRUMENT NUMBER 2008000014553; THENCE N.89°28'33”E. ALONG THE NORTH LINE OF SAID PARCEL FOR A DISTANCE OF 101.76 FEET TO AN INTERSECTION WITH THE SAID WESTERLY RIGHT OF WAY OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED AND THE POINT OF BEGINNING.

EASEMENT CONTAINS 1.86 AC. +/-

BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 14, TOWNSHIP 43 SOUTH, RANGE 24 EAST AS BEING S.88°53'43”E.

LEGAL DESCRIPTION
OF AN EASEMENT LYING IN
SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(PROPOSED LEE COUNTY ELECTRIC COOPERATIVE EASEMENT)

NT-11

A LEE COUNTY ELECTRIC COOPERATIVE EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING OVER, ACROSS AND THROUGH A PART OF A PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2605, PAGE 890 AND RERECORDED IN OFFICIAL RECORDS BOOK 3136, PAGE 3546, ALSO KNOWN AS LOT 63 OF WESTERN ACRES 1ST ADDITION, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE S.88°53'43”E. ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 1,805.12 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE N.11°10'55”W. ALONG SAID LINE FOR 517.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 63 WESTERN ACRES 1ST ADDITION; THENCE N.89Ëš56'58”W. ALONG THE SOUTHERLY LINE OF SAID LOT 63 FOR 20.40 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUE N.89°56'58”W. ALONG THE SOUTHERLY LINE FOR A DISTANCE OF 61.17 FEET; THENCE N.11°10'55”W. PARALLEL WITH AND 80 FEET WEST OF THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED FOR A DISTANCE OF 476.10 FEET TO THE NORTH LINE OF SAID LOT 63; THENCE S.89°56'58”E. ALONG SAID LINE FOR A DISTANCE OF 61.17 FEET; THENCE S.11°10'55”E. FOR 476.10 FEET TO THE TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 0.66 ACRES +/-

BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST ¼ OF SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AS BEING S.88°53'43”E.

LEGAL DESCRIPTION
OF AN EASEMENT LYING IN
SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST,
LEE COUNTY, FLORIDA

(PROPOSED LEE COUNTY ELECTRIC COOPERATIVE EASEMENT)

NT-12

A LEE COUNTY ELECTRIC COOPERATIVE EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST, BEING OVER, ACROSS AND THROUGH A PART OF A PARCEL RECORDED AT INSTRUMENT NUMBER 2009000264339, ALSO KNOWN AS LOT 52 OF WESTERN ACRES 1ST ADDITION, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST; THENCE S.88°53'43”E. ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 1,805.12 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED; THENCE N.11°10'55”W. ALONG SAID LINE FOR 994.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 52 WESTERN ACRES 1ST ADDITION; THENCE N.89Ëš56'58”W. ALONG THE SOUTHERLY LINE OF SAID LOT 52 FOR 20.40 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUE N.89°56'58”W. ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 61.17 FEET; THENCE N.11°10'55”W. PARALLEL WITH AND 80 FEET WEST OF THE WESTERLY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD AS MONUMENTED FOR A DISTANCE OF 476.10 FEET TO THE NORTH LINE OF SAID LOT 52; THENCE S.89°56'58”E. ALONG SAID LINE FOR A DISTANCE OF 61.17 FEET; THENCE S.11°10'55”E. ALONG SAID LINE FOR 476.10 FEET TO THE TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 0.66 ACRES +/-

BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST ¼ OF SECTION 11, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AS BEING S.88°53'43”E.
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 James Sullivan, Operations Division Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, 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 this Court on November 30, 2012.
CHARLIE GREEN, CLERK
(Seal) By: J. Soucy
As Deputy Clerk
Petitioner's Attorney:
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
Carlos A. Kelly, Attorney for Petitioner
P.O. Box 280
Ft. Myers, Florida 33902-0280
Phone: 239.344.1326
Fax: 239.344.1504
Primary E-Mail:
[email protected]
Secondary E-Mail:
[email protected]
Secondary E-Mail:
[email protected]
Florida Bar No. 121274
December 7, 14, 2012 12-05934L