12-02353L

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-001392
DIVISION NO: L
PARCEL(S): 1
FOR PUBLICATION
CITY OF BONITA SPRINGS, a Municipal corporation of the State of Florida,
Petitioner, vs.
STALLION GROUP, LLC, a Florida limited liability company,
EQUIPMENTS & TRANSPORTS, CORP., a Florida corporation, 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 7, 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, June 18, 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 1
Stallion Group, LLC, a Florida limited liability company, c/o Sohil Jivani, Registered Agent, 10530 Rosemary Drive, Bonita Springs, FL 34135

Equipments & Transports, Corp. a Florida corporation, c/o Maria E. Melendez, Registered Agent, 843 Vanderbilt Drive, Eustis, FL 32726

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

PARCEL
DESCRIPTION

Parcel 1
A 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 SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 89°03'25” WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26 FOR A DISTANCE OF 413.28 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN BEING DESCRIBED;
THENCE CONTINUING SOUTH 89°03'25” WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 52.17 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE ACL RAILROAD AND A NON-TANGENT INTERSECTION WITH THE ARC OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS SOUTH 72°22'50” WEST 3869.83 FEET; THENCE NORTHWESTERLY ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 10°37'53” FOR A DISTANCE OF 717.03 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2818, PAGE 0999; AS RECORDED IN PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY ACL RAILROAD NORTH 89°03'10” EAST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 56.17 FEET TO AN INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS SOUTH 62°07'33” WEST 3919.83 FEET; THENCE SOUTHEASTERLY ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 10°28'25” FOR A DISTANCE OF 715.54 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN DESCRIBED;
CONTAINING 35,865 SQUARE FEET OF LAND MORE OR LESS

May 18, 25, 2012 12-02353L