12-05346L

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-003047
PARCEL(S): 106, 106 TCE, 107
107 TCE
FOR PUBLICATION
CITY OF BONITA SPRINGS, a Municipal corporation of the State of Florida,
Petitioner, vs.
DONALD J. COLAPIETRO; JANE S. COLAPIETRO; THIRD
FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLEVELAND;
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 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, January 14, 2013, at 1:30 P.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 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 106 and 107, 106 and 107 TCE
Donald J. Colapietro, 10575 Shangrila Road, Bonita Springs, FL 34135

Jane S. Colapietro, 10575 Shangrila Road, Bonita Springs, FL 34135

Third Federal Savings and Loan Association of Cleveland, c/o Michelle F. Orr, Esquire, 7007 Broadway Avenue, Cleveland, OH 44105

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

EXHIBIT “A”

PARCEL
DESCRIPTION

Parcel 106 and 107
ALL THAT PART OF LOTS 3 AND 4 OF TROPIC ACRES, AN UNRECORDED PLAT LOCATED IN THE SOUTH ONE-HALF (S1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 23, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 105, PAGE 81, PUBLIC RECORDS OF LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 00°31'39” WEST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 58.39 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 82°53'07” EAST A DISTANCE OF 132.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 3; THENCE NORTH 00°31'39” WEST ALONG THE EASTERLY LINE OF SAID LOT 3 A DISTANCE OF 1.01 FEET; THENCE LEAVING SAID EASTERLY LINE OF LOT 3 NORTH 82°53'07” EAST A DISTANCE OF 132.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTH 00°31'39” EAST ALONG SAID EASTERLY LINE A DISTANCE OF 59.39 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 82°53'07” WEST A DISTANCE OF 132.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 3; THENCE CONTINUING SOUTH 82°53'07” WEST A DISTANCE OF 132.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 15,547 SQUARE FEET OF LAND MORE OR LESS.

Parcel 106 and 107 TCE
ALL THAT PART OF LOTS 3 AND 4 OF TROPIC ACRES, AN UNRECORDED PLAT LOCATED IN THE SOUTH ONE-HALF (S1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 23, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 105, PAGE 81, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 00°31'39” WEST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 58.39 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED: THENCE CONTINUING NORTH 00°31'39” WEST ALONG SAID WESTERLY LINE A DISTANCE OF 20.13 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 82°53'07” EAST A DISTANCE OF 132.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 3; THENCE NORTH 00°31'39” WEST ALONG THE EASTERLY LINE OF SAID LOT 3 A DISTANCE OF 1.01 FEET; THENCE LEAVING SAID EASTERLY LINE OF LOT 3 NORTH 82°53'07” EAST A DISTANCE OF 132.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTH 00°31'39” EAST ALONG SAID EASTERLY LINE A DISTANCE OF 20.13 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 82°53'07” WEST A DISTANCE OF 132.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 3; THENCE SOUTH 00°31'39” EAST ALONG SAID EASTERLY LINE A DISTANCE OF 1.01 FEET; THENCE SOUTH 82°53'07” WEST A DISTANCE OF 132.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 5,315 SQUARE FEET OF LAND, MORE OR LESS.
November 2, 9, 2012 12-05346L