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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. 13-CA-000610
PARCEL NT-7
LEE COUNTY ELECTRIC COOPERATIVE, INC.,
Petitioner, v.
LINDA L. HURLEY; CHAD HURLEY; SONA BARNES; 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 May 13, 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 Sherra Winesett, one of the judges of this Court, on June 10, 2013 at 2:00 p.m. (30 minutes have been reserved) in Hearing Room 4-H 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, Linda L. Hurley, 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-7 and described in Exhibit 1 to Schedule B.
2. Defendant, Chad Hurley, believed to be a resident of Grand Rapids, Kent County, Michigan, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-7 and described in Exhibit 1 to Schedule B.
3. Defendant, Sona Barnes, believed to a resident of Comstock Park, Kent County, Michigan, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel NT-7 and described in Exhibit 1 to Schedule B.
4. Any and all parties claiming an interest by, through, under, and/or against the named Defendants.
5. 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-7 attached hereto as Exhibit 1
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-7
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 3226, PAGE 1460 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 681.15 FEET TO THE NORTH LINE OF THE SOUTH ½ OF THE SOUTH ½ OF THE N.E. ¼ OF SAID SECTION 26 ; THENCE N.89°14'38”W. ALONG SAID LINE FOR 22.42 FEET TO THE NORTHEAST CORNER OF A PARCEL RECORDED IN O.R. BOOK 3226, PAGE 1460 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE S.00°01'30”E. ALONG THE EASTERLY LINE OF SAID PARCEL FOR A DISTANCE OF 269.02 FEET ; THENCE N.20°32'46”W. FOR A DISTANCE OF 288.73 FEET TO THE NORTH LINE OF THE SOUTH ½ OF THE SOUTH ½ OF THE N.E. ¼ OF SAID SECTION 26; THENCE S.89°14'38”E. ALONG SAID LINE FOR A DISTANCE OF 101.22 FEET TO THE POINT OF BEGINNING.
EASEMENT CONTAINS 0.31 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.
EASEMENT SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
METRON SURVEYING & MAPPING, LLC
FLORIDA CERTIFICATE OF AUTHORIZATION LB# 7071
TIMOTHY LEE MANN
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5838
WITNESS my hand and seal of this Court on March 28, 2013.
LINDA DOGGETT,
CLERK OF COURT
(Seal) By: J. Saucy
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
April 5, 12, 2013 13-01665L