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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 COLLIER COUNTY, FLORIDA - CIVIL ACTION
Case No.
11-2020-CA-000078-0001-XX
Parcels RLW.1; RLW.2
LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida Not-for-Profit Corporation,
Petitioner, v.
HELMUT HITTINGER and LYNDA HITTINGER, as Co-Trustees of the HELMUT HITTINGER REVOCABLE TRUST DATED APRIL 29, 1991; SEEROMANIE R. RAMNARINE, Trustee of the SEEROMANIE R. RAMNARINE REVOCABLE LIVING TRUST AGREEMENT U/T/A OCTOBER 27, 2008; 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;
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 attached Schedule B.
1. A Petition in Eminent Domain (“Petition”) has been filed to acquire certain property interests in Collier County, Florida.
2. Each Defendant is required to serve written defenses to the Petition on Petitioner's attorney (Carlos A. Kelly, Esq.), whose name and address are shown below, on or before March 23, 2020, and to file the original of the defenses with the Clerk of Circuit Court, Collier 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 Lauren L. Brodie, one of the judges of this Court, on March 26, 2020 at 9:30 a.m. at the Collier County Courthouse, 3315 Tamiami Trail E., Naples, Collier County, Florida 34112. 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
4. Defendant, Helmut Hittinger, as Co-Trustee of the Helmut Hittinger Revocable Trust Dated April 29, 1991, believed to be a resident of Collier County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel RLW.1 and described in Exhibit 1 to Schedule B
5. Defendant, Lynda Hittinger, as Co-Trustee of the Helmut Hittinger Revocable Trust Dated April 29, 1991, believed to be a resident of Collier County, Florida, age and domicile unknown, believed to be married, may have or claim an interest in the property known as Parcel RLW.1 and described in Exhibit 1 to Schedule B
6. Defendant, Seeromanie R. Ramnarine, Trustee of the Seeromainie R. Ramnarine Revocable Living Trust Agreement u/t/a October 27, 2008, believed to be a resident of Miami-Dade County, Florida, age, domicile and marital status unknown, may have or claim an interest in the property known as Parcel RLW.2 and described in Exhibit 2 to Schedule B
7. Any and all parties claiming an interest by, through, under, and/or against the named Defendants
8. 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
1. Legal description for Parcel RLW.1 attached as Exhibit 1.
2. Legal description for Parcel RLW.2 attached as Exhibit 2.
EXHIBIT 1
LEGAL DESCRIPTION FOR PARCEL RLW.1
A PORTION OF TRACT 3, GOLDEN GATE ESTATES UNIT No. 65-A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 46 OF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 3; THENCE N.89°28'35”W, ALONG THE NORTH LINE OF SAID TRACT FOR A DISTANCE OF 136.25 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89°28'35”W., ALONG SAID NORTH LINE, FOR A DISTANCE OF 93.75 FEET TO A POINT ON THE EAST LINE OF A 70 FOOT RIGHT OF WAY, DRAINAGE AND UTILITY EASEMENT; THENCE S.00°19'10”W., ALONG SAID EAST LINE, FOR A DISTANCE OF 8.36 FEET; THENCE N.85°25'42”E. FOR A DISTANCE OF 94.09 FEET TO THE POINT OF BEGINNING.
EASEMENT CONTAINS 392 SQUARE FEET TOTAL, OR 0.009 ACRE, MORE OR LESS
EXHIBIT 2
LEGAL DESCRIPTION FOR PARCEL RLW.2
A PORTION OF TRACT 127, GOLDEN GATE ESTATES UNIT No. 63, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 63 OF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 127; THENCE N.89°40'50”W., ALONG THE NORTH LINE OF SAID TRACT, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE WEST LINE OF EVERGLADES BOULEVARD, A 100 FOOT ROADWAY; THENCE S.00°19'10”W., ALONG SAID WEST LINE, FOR A DISTANCE OF 12.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.00°19'10”W., ALONG SAID WEST LINE, FOR A DISTANCE OF 137.37 FEET; THENCE N.89°40'50”W., FOR A DISTANCE OF 10.70 FEET; THENCE N.04°46'20”E. FOR A DISTANCE OF 137.78 FEET TO THE POINT OF BEGINNING.
EASEMENT CONTAINS 735 SQUARE FEET TOTAL, OR 0.017 ACRE, MORE OR LESS
WITNESS my hand and seal of this Court on January 31, 2020.
CRYSTAL K. KINZEL,
CLERK OF COURT
By: s/ Kathleen Murray
As Deputy Clerk
(Seal)
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
Carlos A. Kelly,
Attorney for Petitioner
P.O. Box 280
Ft. Myers, Florida 33902-0280
Phone: 239.344.1100
Fax: 239.344.1200
Primary E-Mail:
[email protected]
Secondary E-Mail:
[email protected]
Florida Bar No. 121274
February 7, 14, 2020 20-00316C