12-02352L

FIRST INSERTION
SUMMONS TO SHOW CAUSE, NOTICE OF EMINENT
DOMAIN PROCEEDINGS AND NOTICE OF HEARING
IN THE TWENTIETH JUDICIAL CIRCUIT COURT OF FLORIDA
IN AND FOR THE COUNTY OF LEE
CASE NO: 12-CA-001391
DIVISION NO: L
PARCEL(S): 4 DMAE, 4 TCE
FOR PUBLICATION
CITY OF BONITA SPRINGS, a Municipal corporation of the State of Florida,
Petitioner, vs.
BONITA LAKE, LLC, a Delaware limited liability company,
WILLIAM L. HELFENSTEIN, if alive, and if deceased, his known and unknown heirs, beneficiaries, devisees, personal representatives and creditors, MAUD
HELFENSTEIN, if alive, and if deceased, her known and unknown heirs, beneficiaries, devisees,
personal representatives and
creditors, and Honorable CATHY CURTIS, as Lee County Tax
Collector,
Respondents,
IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
TO ALL THE SHERIFFS OF THE STATE AND TO ALL WHOM IT MAY CONCERN:
YOU ARE COMMANDED to serve this summons and a copy of the Petition in Eminent Domain, the Declaration of Taking, the Notice of Lis Pendens, and the Notice of Publication, upon: All defendants named in the attached party list and all persons claiming interests by, through, under or against the named defendants; all persons having or claiming to have any right, title, or interest in the property described in Exhibit “A” and the unknown spouses of the above-named defendants, if any, and their heirs, devisees, assignees, grantees, creditors, lessees, executors, administrators, mortgagees, judgment creditors, trustees, lienholders, persons in possession, and any and all other persons having or claiming to have any right, title or interest by, through, under or against the above-named defendants, or otherwise claiming any right, title, or interest in the real property described in this action.
NOTICE IS HEREBY GIVEN TO THE DEFENDANTS NAMED IN THE ATTACHED PARTY LIST AND TO ALL WHOM IT MAY CONCERN, INCLUDING ALL PARTIES CLAIMING ANY INTEREST BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANTS; AND TO ALL HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY DESCRIBED IN the Petition, that Petitioner has filed a Petition in Eminent Domain and Declaration of Taking to acquire certain property interests in Lee County, Florida as described in the Petition. Each Defendant and any other person claiming any interest in, or having a lien upon, such property is required to serve a copy of written answer and defenses to the Petition upon JEFFREY L. HINDS, of the law firm of Bricklemyer Smolker & Bolves, P.A., 500 East Kennedy Boulevard, Suite 200, Tampa, FL 33602, attorney for Petitioner, and to file the original of the answer and defenses with the Clerk of this Court, on or before June 15, 2012, showing what right, title, interest, or lien the defendant 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 Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Petition.
PLEASE TAKE FURTHER NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Petitioner, and any other order the Court deems proper before the Honorable Joseph C. Fuller, Circuit Judge, on Monday, July 2, 2012, at 10:45 A.M., at the Lee County Justice Center, 1700 Monroe Street, Courtroom 4P, Fort Myers, Florida 33901. All Defendants in this action may request a hearing and be heard at the time and place designated. Any Defendant failing to file a request for hearing shall waive any right to object to the Order of Taking.
Dated this 11 day of May, 2012.
CHARLIE GREEN
Clerk of the Circuit Court
(SEAL) By: K. Dix
Deputy Clerk
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.
PARTY LIST

Parcel(s) 4 DMAE, 4 TCE

Bonita Lake, LLC, a Delaware limited liability company, c/o Victor J. Troiano, as Registered Agent, 317 S. Tennessee Ave., Lakeland, FL 33801

William L. Helfenstein, if alive, and if deceased, his known and unknown heirs, beneficiaries, devisees, personal representatives and creditors

Maud Helfenstein, if alive, and if deceased, his known and unknown heirs, beneficiaries, devisees, personal representatives and creditors

Cathy Curtis, as Lee County Tax Collector, 2480 Thompson Street, Fort Myers, FL 33901
EXHIBIT “A”

PARCEL
DESCRIPTION

Parcel 4 DMAE
A 15' FOOT WIDE DRAINAGE, MAINTENANCE, AND ACCESS EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF BONITA ST. JAMES VILLAGE PHASE 1 AS RECORDED IN PLAT BOOK 36, PAGES 121-122, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF OLD U.S. 41; THENCE SOUTH 45°30'33” EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 375.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 4810, PAGE 4254, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED:
THENCE NORTH 44°29'27” EAST ALONG SAID NORTHWESTERLY LINE OF SAID LANDS 24.81 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LANDS SOUTH 00°30'33” EAST 13.87 FEET; THENCE SOUTH 45°30'33” EAST 295.86 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LANDS; THENCE SOUTH 44°29'27” WEST ALONG SAID SOUTHEASTERLY LINE OF SAID LANDS 15.00 FEET TO AN INTERSECTION WITH SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID OLD U.S.41; THENCE NORTH 45°30'33” WEST ALONG SAID RIGHT-OF-WAY LINE 305.66 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED:
CONTAINING 4,633 SQUARE FEET OF LAND MORE OR LESS.

Parcel 4 TCE
A 10' WIDE TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF BONITA ST. JAMES VILLAGE PHASE 1 AS RECORDED IN PLAT BOOK 36, PAGES 121-122, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF OLD U.S. 41; THENCE SOUTH 45°30'33” EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 375.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 4810, PAGE 4254, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
THENCE NORTH 44°29'27” EAST ALONG SAID NORTHWESTERLY LINE OF SAID LANDS 24.81 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED;
THENCE CONTINUE NORTH 44°29'27” EAST ALONG SAID NORTHWESTERLY LINE OF SAID LANDS 14.14 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LANDS SOUTH 00°30'33” EAST 19.72 FEET; THENCE SOUTH 45°30'33” EAST 291.72 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LANDS; THENCE SOUTH 44°29'27” WEST ALONG SAID LANDS 10.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID LANDS NORTH 45°30'33” WEST 295.86 FEET; THENCE NORTH 00°30'33” WEST 13.87 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED;
CONTAINING 3,106 SQUARE FEET OF LAND MORE OR LESS;
May 18, 25, 2012 12-02352L