12-05344L

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-002985
PARCEL(S): 124
FOR PUBLICATION
CITY OF BONITA SPRINGS, a Municipal corporation of the State of Florida,
Petitioner, vs.
TEX DEVELOPMENT, LLC, a Florida limited liability company, f/k/a Tex Development Corporation,
a Florida corporation; BARRON COLLIER RESOURCES, LLLP, a Florida limited liability limited partnership; COLLIER LAND AND CATTLE CORPORATION, a
Florida corporation; CENTEX REAL ESTATE CORPORATION, a Nevada corporation, as managing general partner of Centex Homes, a Nevada general partnership; IMPERIAL RIVER GROVES, INC., an inactive Florida corporation, f/k/a Ward Groves, Inc., an inactive Florida corporation; and Honorable LARRY HART, 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 December 19, 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 Michael T. McHugh, Circuit Judge, on Monday, January 28, 2013, at 11:00 A.M., at the Lee County Justice Center, 1700 Monroe Street, Courtroom 4R, 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 25 day of October, 2012.
CHARLIE GREEN,
Clerk of the Circuit Court
(SEAL) By: S. Spainhour
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 124
Tex Development, LLC, a Florida limited liability company, f/k/a Tex Development Corporation, a Florida corporation, c/o Jackson Bowman, IV, Esquire, Moore Bowman & Rix, P.A., 300 W. Platt Street, Suite 100 Tampa, FL 33606

Barron Collier Resources, LLLP, a Florida limited liability partnership, c/o Bradley Boaz, as Registered Agent, 2600 Golden Gate Parkway, Naples, FL 34105

Collier Land and Cattle Corporation, a Florida corporation, c/o Robert D. Corina, as Registered Agent, 2550 Goodlette Road N., #110, Naples, FL 34103

Centex Real Estate Corporation, a Nevada corporation as managing general partner of Centex Homes, a Nevada general partnership, c/o Corporation Service Company, as Registered Agent, 1201 Hays Street, Tallahassee, FL 32301

Imperial River Groves, Inc., an inactive Florida corporation f/k/a Ward Groves, Inc., a Florida corporation

Honorable Larry Hart, as Lee County Tax Collector, 2480 Thompson Street, Fort Myers, FL 33901

EXHIBIT “A”

PARCEL
DESCRIPTION

PARCEL 124
A PARCEL OF LAND LYING IN SECTION 24, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 24; THENCE NORTH 01°16'04” WEST ALONG THE WEST LINE OF SAID SECTION 24, A DISTANCE OF 54.85 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 01°25'11” EAST A DISTANCE OF 2430.45 FEET; THENCE EASTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 09°27'07” AN ARC DISTANCE OF 400.94 FEET TO THE NORTHWESTERLY CORNER OF TRACT C-11 OF HAWTHORNE PHASE 1B AS RECORDED IN INSTRUMENT NO. 2006000122125, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE SOUTH 14°31'13” WEST ALONG SAID WESTERLY LINE A DISTANCE OF 110.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID TRACT C-11; THENCE LEAVING SAID SOUTHWESTERLY CORNER NORTH 75°38'47” WEST A DISTANCE OF 381.30 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 34,069 SQUARE FEET OF LAND, MORE OR LESS.
November 2, 9, 2012 12-05344L