23-00338T

Charlotte

SUMMONS TO SHOW CAUSE, NOTICE OF EMINENT DOMAIN
PROCEEDINGS AND NOTICE OF HEARING ON MAY 23, 2023 AND MAY 24, 2023 FOR CONSTRUCTIVE SERVICE OF PROCESS FOR PUBLICATION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 2023-CA-000326 PARCEL NOS.: 6, 7, and 8
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Petitioner, vs.
PROBITAS ENTERPRISES, LLC, a Florida limited liability company, and UNKNOWN
PERSONS OR ENTITIES, Respondents.
IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE AND TO ALL WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN TO all persons claiming interests by, through, under or against the respondents named in the attached Schedule “A”; all persons having or claiming to have any right, title or interest in the property described in Schedule “B” and the unknown spouses of the above-named respondents, 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 respondents, or otherwise claiming any right, title or interest in the real property described in this action.
A Petition in Eminent Domain has been filed to acquire certain property interests in Charlotte County, Florida as described in the Petition. Each respondent 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 JOHN W. LITTLE, III, ESQUIRE, of the Law Firm of GUNSTER, YOAKLEY & STEWART, P.A., 777 South Flagler Drive, Suite 500 East, West Palm Beach, Florida, 33401, attorney for Petitioner, and to file the original of the answer and defenses with the Clerk of this Court, within 20 days from publication, showing what right, title, interest, or lien the respondent has in or to the property described in the Petition and to show cause why that property should not be taken for uses and purposes set forth in the Petition. If any respondent fails to do so, a Default will be entered against that respondent 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 Judge Geoffrey H. Gentile, Circuit Judge, on Tuesday, May 23, 2023 at 1:30 p.m. and Wednesday, May 24, 2023 at 1:30 p.m. EST. The hearing will be conducted at Charlotte County Justice Center, 350 E. Marion Ave., Punta Gorda, FL 33950. All Respondents in this action may request a hearing and be heard at the time and place designated. Any Respondent failing to file a request for hearing shall waive any right to object to the Order of Taking.
SCHEDULE A
PARCEL 6
Land in Section 12, Township 40 South, Range 25 East

Charlotte County Official Records Book and Page where interest is recorded:

I. Nature of interests to be condemned:
A. Owner of Record:
1. Probitas Enterprises, LLC, a Florida limited liability company,
2351 State Road 31, Punta Gorda, FL 33982,
Registered Agent: Keith Mann, 8314 Grosvenor CT, Suite A, University Park, FL 34201
B. Other Interests: None.

By virtue of the Special Warranty Deed dated May 30, 2012, recorded, recorded May 31, 2012, in Official Records Book 3661, Page 910.

II. Other Interests, Not Condemned:
A. Taking subject to the interests of: None.
PARCEL 7
Land in Section 13, Township 40 South, Range 25 East

Charlotte County Official Records Book and Page where interest is recorded:

By virtue of the Special Warranty Deed dated May 30, 2012, recorded, recorded May 31, 2012, in Official Records Book 3661, Page 910.

II. Other Interests, Not Condemned:
A. Taking subject to the interests of: None.
PARCEL 8
Land in Section 24, Township 40 South, Range 25 East

Charlotte County Official Records Book and Page where interest is recorded:

By virtue of the Special Warranty Deed dated May 30, 2012, recorded, recorded May 31, 2012, in Official Records Book 3661, Page 910.

II. Other Interests, Not Condemned:
A. Taking subject to the interests of:
1. W.G. Welles IV, Sandra W. Welles, Edgar, L. Davis, Dr., Ruth G. Davis, and their successors, heirs, and assigns.
Ingress/Egress Easement Holder

By virtue of the Easement dated October 1, 1971, recorded October 4, 1971, in Official Records Book 370, Page 779.
SCHEDULE B
PARCEL 6
BEING A DESCRIPTION FOR AN EASEMENT, BEING LOCATED IN SECTION 12, TOWNSHIP 40 SOUTH, RANGE 25 EAST, CHARLOTTE COUNTY, FLORIDA, AND BEING A PART OF A TRACT CONVEYED TO PROBITAS ENTERPRISES, LLC, RECORDED IN BOOK 3661, PAGE 910, PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, (P.R.C.C.F.), SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND CONCRETE MONUMENT WITH A 3 INCH CAP STAMPED “L-638” ALONG THE EAST LINE OF SECTION 12, SAME BEING THE WEST LINE OF STATE ROAD NUMBER 31 RIGHT OF WAY, RECORDED IN BOOK 6, PAGE 12A, RIGHT OF WAY RECORDS CHARLOTTE COUNTY FLORIDA (R.O.W.R.C.C.F.), FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, BEARS N 43°30'29” W, A DISTANCE OF 3,779.63 FEET (REFERENCE FOR BASIS OF BEARING); THENCE S 00°16'38” W, ALONG THE SAID WEST RIGHT OF WAY LINE OF STATE ROAD NUMBER 31 AND EAST LINE OF SAID PROBITAS ENTERPRISE TRACT, A DISTANCE OF 45.54 FEET TO A POINT IN THE SAID WEST LINE OF STATE ROAD NUMBER 31, BEING THE SOUTHEAST CORNER OF THE SAID PROBITAS ENTERPRISE TRACT, AND THE NORTHEAST CORNER OF A TRACT CONVEYED TO PROBITAS ENTERPRISES, LLC, CERTIFICATE NUMBER 47283, RECORDED IN BOOK 3661, PAGE 910, P.R.C.C.F., AT THE SOUTHEAST CORNER OF SAID SECTION 12, SAME BEING FOR THE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N=970,829.93, E=734,125.62; THENCE N 88°33'45” W, WITH THE SOUTH LINE OF SAID PROBITAS ENTERPRISES, LLC TRACT, AND NORTH LINE OF SAID PROBITAS ENTERPRISES, LLC TRACT, A DISTANCE OF 15.00 FEET TO A CALCULATED POINT ON THE SOUTH LINE OF SAID PROBITAS ENTERPRISES, LLC TRACT; THENCE, OVER AND ACROSS SAID PROBITAS ENTERPRISES, LLC TRACT THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1. N 00°02'55” E, A DISTANCE OF 159.06 FEET TO A CALCULATED POINT; 2. N 00°02'37” E, A DISTANCE OF 500.01 FEET TO A CALCULATED POINT; 3. N 00°04'23” E, A DISTANCE OF 500.08 FEET TO A CALCULATED POINT; 4. N 00°11'51” E, A DISTANCE OF 422.28 FEET TO A POINT BEING THE APPROXIMATE CENTERLINE OF CREEK, SAME BEING THE NORTHERLY LINE OF SAID PROBITAS ENTERPRISES, LLC TRACT, SAME BEING THE SOUTH LINE OF A TRACT CONVEYED TO J.D.I. FARMS, INC., RECORDED IN BOOK 3539, PAGE 4659, P.R.C.C.F., FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12 BEARS N 65°02'42” W, A DISTANCE OF 2,856.16 FEET; THENCE N 78°35'08” E, ALONG THE NORTHERLY LINE OF SAID PROBITAS ENTERPRISES, LLC TRACT, AND SOUTH LINE OF SAID J.F.I. FARMS, INC. TRACT, A DISTANCE OF 15.31 FEET TO A CALCULATED POINT ON SAID WEST RIGHT OF WAY LINE OF STATE ROAD NUMBER 31; THENCE, ALONG THE SAID WEST RIGHT OF WAY LINE OF STATE ROAD NUMBER 31, SAME BEING THE EAST LINE OF A SAID PROBITAS ENTERPRISES, LLC TRACT THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1. S 00°11'51” W, A DISTANCE OF 425.34 FEET TO A CALCULATED POINT IN SAID COMMON LINE; 2. S 00°04'23” W, A DISTANCE OF 500.06 FEET TO A CALCULATED POINT IN SAID COMMON LINE; 3. S 00°02'37” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT IN SAID COMMON LINE; THENCE S 00°02'55” W, A DISTANCE OF 159.42 FEET TO A CALCULATED POINT IN SAID COMMON LINE, SAME BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT, CONTAINING 0.55 ACRES (23,747 SQUARE FEET) OF LAND, MORE OR LESS.
PARCEL 7
BEING A DESCRIPTION FOR AN EASEMENT, BEING LOCATED IN THE SECTION 13, TOWNSHIP 40 SOUTH, RANGE 25 EAST, CHARLOTTE COUNTY, FLORIDA, AND BEING ALL OF SAID SECTION 13 AS CONVEYED TO PROBITAS ENTERPRISES LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND RECORDED IN BOOK 3661, PAGE 910, PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, (P.R.C.C.F.), SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MAG NAIL AT THE SOUTHEAST CORNER OF SAID SECTION 13, TOWNSHIP 40 SOUTH, RANGE 25 EAST AND THE NORTHEAST CORNER OF SECTION 24 TOWNSHIP 40 SOUTH, RANGE 25 EAST, FROM WHICH A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED “LB 7917” FOUND AT SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 13 BEARS N 89°40'30” W, A DISTANCE OF 2,651.06 FEET (REFERENCE FOR BASIS OF BEARING); THENCE N 89°40'30” W, A DISTANCE OF 63.52 FEET TO A CALCULATED POINT ON THE SOUTH LINE OF SAID SECTION 13 AND BEING IN THE NORTH LINE OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 25 EAST, AS CONVEYED TO PROBITAS ENTERPRISES LLC, AND RECORDED IN BOOK 3661, PAGE 910, P.R.C.C.F. AND ON THE WESTERLY LINE OF THE CALLED EXISTING MAINTAINED RIGHT-OF-WAY LINE OF STATE ROAD NUMBER 31, RECORDED IN BOOK 6, PAGE 12A, RIGHT-OF-WAY RECORDS OF CHARLOTTE COUNTY, FLORIDA, (R.O.W.R.C.C.F.), SAME BEING FOR THE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N=965,494.47, E=734,105.05; THENCE, ALONG THE COMMON LINE OF SAID SECTION 13 AND SAID SECTION 24 OF TOWNSHIP 40 SOUTH, RANGE 25 EAST, N 89°40'30” W, A DISTANCE OF 15.00 FEET TO A CALCULATED POINT; THENCE, OVER AND ACROSS SAID SECTION 13, THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES: 1. N 00°04'02” W, A DISTANCE OF 41.99 FEET TO A CALCULATED POINT; 2. N 44°31'58” E, A DISTANCE OF 5.77 FEET TO A CALCULATED POINT; 3. N 00°10'37” E, A DISTANCE OF 448.91 FEET TO A CALCULATED POINT; 4. N 00°21'58” E, A DISTANCE OF 500.01 FEET TO A CALCULATED POINT; 5. N 00°17'09” E, A DISTANCE OF 499.98 FEET TO A CALCULATED POINT; 6. N 00°15'46” E, A DISTANCE OF 499.99 FEET TO A CALCULATED POINT; 7. N 00°10'16” E', A DISTANCE OF 499.98 FEET TO A CALCULATED POINT; 8. N 00°07'23” E, A DISTANCE OF 391.77 FEET TO A CALCULATED POINT; 9. N 00°00'22” E, A DISTANCE OF 108.10 FEET TO A CALCULATED POINT; 10. N 00°03'18” E, A DISTANCE OF 500.01 FEET TO A CALCULATED POINT; 11. N 00°06'44” E, A DISTANCE OF 499.99 FEET TO A CALCULATED POINT; 12. N 00°03'59” E, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 13. N 00°03'18” E, A DISTANCE OF 702.74 FEET TO A CALCULATED POINT; 14. N 04°12'46” E, A DISTANCE OF 27.97 FEET TO A CALCULATED POINT; 15. N 00°02'57” E, A DISTANCE OF 110.30 FEET TO A CALCULATED POINT ON THE NORTH LINE OF SAID SECTION 13 AND BEING IN THE SOUTH LINE OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 25 EAST, AS CONVEYED TO PROBITAS ENTERPRISES LLC, AND RECORDED IN BOOK 3661, PAGE 910, P.R.C.C.F.; THENCE, ALONG THE COMMON LINE OF SAID SECTION 13 AND SAID SECTION 12 OF TOWNSHIP 40 SOUTH, RANGE 25 EAST, S 88°33'45” E, A DISTANCE OF 15.00 FEET TO A CALCULATED POINT IN SAID COMMON LINE AND LYING ON SAID WESTERLY RIGHT-OF-WAY LINE, FROM WHICH A FOUND MAG NAIL WITH DISC STAMPED “LB 7917” AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 13 BEARS S 01°08'55” E, A DISTANCE OF 2,669.38 FEET; THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND OVER AND ACROSS SAID SECTION 13, THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES: 1. S 00°02'55” W, A DISTANCE OF 110.48 FEET TO A CALCULATED POINT; 2. S 04°12'47” W, A DISTANCE OF 27.97 FEET TO A CALCULATED POINT; 3. S 00°03'18” W, A DISTANCE OF 702.20 FEET TO A CALCULATED POINT; 4. S 00°03'59” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 5. S 00°06'44” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 6. S 00°03'18” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 7. S 00°00'22” W, A DISTANCE OF 108.10 FEET TO A CALCULATED POINT; 8. S 00°07'23” W, A DISTANCE OF 391.79 FEET TO A CALCULATED POINT; 9. S 00°10'16” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 10. S 00°15'46” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 11. S 00°17'09” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 12. S 00°21'58” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 13. S 00°10'37” W, A DISTANCE OF 455.00 FEET TO A CALCULATED POINT; 14. S 44°31'58” W, A DISTANCE OF 5.73 FEET TO A CALCULATED POINT; 15. S 00°40'02” E, A DISTANCE OF 35.94 FEET TO A CALCULATED POINT SAME BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT, CONTAINING 1.84 ACRES (80,060 SQUARE FEET) OF LAND, MORE OR LESS.
PARCEL 8
BEING A DESCRIPTION FOR AN EASEMENT, BEING LOCATED IN THE SECTION 24, TOWNSHIP 40 SOUTH, RANGE 25 EAST, CHARLOTTE COUNTY, FLORIDA, AND BEING A PORTION OF SAID SECTION 24, AS CONVEYED TO PROBITAS ENTERPRISES, LLC, AND RECORDED IN BOOK 3661, PAGE 910, PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, (P.R.C.C.F.), SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MAG NAIL AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 25 EAST, SAME BEING THE SOUTHEAST CORNER OF SECTION 13 AS CONVEYED TO PROBITAS ENTERPRISES, LLC, AS RECORDED IN BOOK 3661, PAGE 910, P.R.C.C.F., BEING A PORTION OF SECTION 13, TOWNSHIP 40 SOUTH, RANGE 25 EAST, FROM WHICH A 5/8 INCH IRON ROD WITH A CAP STAMPED “LB 7917” FOUND AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 24 BEARS N 89°40'30” W, A DISTANCE OF 2,651.06 FEET (REFERENCE FOR BASIS OF BEARING); THENCE N 89°40'30” W, A DISTANCE OF 63.52 FEET TO A CALCULATED POINT ON THE NORTH LINE OF SAID SECTION 24 AND THE SOUTH LINE OF SAID SECTION 13, AND THE WESTERLY LINE OF THE CALLED EXISTING MAINTAINED RIGHT-OF-WAY LINE OF STATE ROAD 31, RECORDED IN BOOK 6, PAGE 12A, RIGHT- OF-WAY RECORDS OF CHARLOTTE COUNTY, FLORIDA, (R.O.W.R.C.C.F.), SAME BEING FOR THE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N=965,494.47, E=734,105.05; THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND OVER AND ACROSS SAID SECTION 24, THE FOLLOWING TWELVE (12) COURSES AND DISTANCES: 1. S 00°04'02” E, A DISTANCE OF 504.97 FEET TO A CALCULATED POINT; 2. S 00°00'39” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 3. S 00°02'01” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 4. S 00°06'50” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 5. S 00°11'39” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 6. S 00°10'58” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 7. S 00°13'43” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 8. S 00°12'20” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 9. S 00°08'53” W, A DISTANCE OF 500.01 FEET TO A CALCULATED POINT; 10. S 00°09'25” W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 11. S 00°09'42” W, A DISTANCE OF 267.80 FEET TO A CALCULATED POINT; 12. S 04°07'30” W, A DISTANCE OF 80.13 FEET TO A CALCULATED POINT ON THE WESTERN RIGHT-OF- WAY LINE OF STATE ROAD 31, SAME BEING ON THE SOUTH LINE OF SAID SECTION 24, ALSO BEING ON THE NORTH LINE OF A TRACT CONVEYED TO SANDRA W. WELLES RANCH, LLC, AS RECORDED IN BOOK 3289, PAGE 1310, BOTH OF THE P.R.C.C.F., SAME BEING THE SOUTH LINE OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 25 EAST, FROM WHICH A MAG NAIL WITH A DISC STAMPED “LB 7917” FOUND AT THE SOUTHEAST QUARTER OF SAID SECTION 24 BEARS S 89°38'21” E, A DISTANCE OF 49.45 FEET; THENCE, N 89°38'21” W, ALONG THE SOUTH LINE OF SAID SECTION 24, SAME BEING THE NORTH LINE OF SAID SANDRA W. WELLES RANCH, LLC TRACT, A DISTANCE OF 15.03 FEET TO A CALCULATED POINT; THENCE, OVER AND ACROSS SAID SECTION 24, THE FOLLOWING TWELVE (12) COURSES AND DISTANCES: 1. N 04°07'30” E, A DISTANCE OF 80.59 FEET TO A CALCULATED POINT; 2. N 00°09'42” E, A DISTANCE OF 267.28 FEET TO A CALCULATED POINT; 3. N 00°09'25” E, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 4. N 00°08'53” E, A DISTANCE OF 500.02 FEET TO A CALCULATED POINT; 5. N 00°12'20” E, A DISTANCE OF 500.01 FEET TO A CALCULATED POINT; 6. N 00°13'43” E, A DISTANCE OF 499.99 FEET TO A CALCULATED POINT; 7. N 00°10'58” E, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 8. N 00°11'39” E, A DISTANCE OF 499.99 FEET TO A CALCULATED POINT; 9. N 00°06'50” E, A DISTANCE OF 499.98 FEET TO A CALCULATED POINT; 10. N 00°02'01” E, A DISTANCE OF 499.98 FEET TO A CALCULATED POINT; 11. N 00°00'39” E, A DISTANCE OF 499.99 FEET TO A CALCULATED POINT; 12. N 00°04'02” W, A DISTANCE OF 505.07 FEET TO A CALCULATED POINT ON THE COMMON LINE OF SAID SECTION 24 AND SECTION 13; THENCE, S 89°40'30” E, ALONG SAID COMMON LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT, CONTAINING 1.84 ACRES (80,294 SQUARE FEET) OF LAND, MORE OR LESS.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
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: Charlotte County Court Administration, 350 E. Marion Avenue Punta Gorda, Florida, 33950, telephone #941-637-2110, 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.
DATED 03/29/2023.
CLERK OF THE CIRCUIT COURT
Roger D. Eaton
As Clerk of the Court
By: (SEAL) As Deputy Clerk
April 7, 14, 2023 23-00338T

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