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NOTICE OF ACTION IN EMINENT DOMAIN FOR CONSTRUCTIVE SERVICE OF PROCESS FOR AMENDED PETITION IN EMINENT DOMAIN
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA - CIVIL ACTION
Case No. 22-CA-003929
LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida not-for-profit corporation,
Petitioner, v.
155 GRAND STREET CORP., a New York corporation; TD BANK, N.A.; 7-ELEVEN, INC., a Texas corporation; PAUL DOERING; MONICA BALLESTEROS; MAIKEL PADURA BLANCO; BIBIANA FATIMA BRAVO; 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 and/or SCHEDULE B-2, Parcels 2F-324; 2F-337A; 2F-337B; 2F-338B; 2F-359-A1
Defendants.
TO: Defendants: Alexica Del Possi; Alexander Ballesteros, Jr.; and Yeseni Ortiz, named in attached Schedule A;
Any and All Parties Claiming an Interest By, Through, Under, and/or Against the said 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 and/or Schedule B-2.
SCHEDULE A
1. Defendant, 155 Grand Street Corp., a New York corporation, which has its principal place of business in the State of New York, may have or claim an interest in the property known as Parcel 2F-324 and described in Exhibit 1 to Schedule B-1.
2. Defendant, TD Bank, N.A., which has its principal place of business in the State of Maine, may have or claim an interest in the property known as Parcel 2F-324 and described in Exhibit 1 to Schedule B-1 .
3. Defendant, 7-Eleven, Inc., a Texas corporation, which has its principal place of business in the State of Texas, may have or claim an interest in the property known as Parcel 2F-324 and described in Exhibit 1 to Schedule B-1.
4. Defendant, Paul Doering, believed to be a resident of the State of Ohio, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel 2F-337A and described in Exhibit 2 to Schedule B-1.
5. Defendant, Alexica Del Possi, believed to be a resident of the State of New Jersey, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel 2F-337B and described in Exhibit 3 to Schedule B-1.
6. Defendant, Alexander Ballesteros, Jr., believed to be a resident of the State of Nevada, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel 2F-337B and described in Exhibit 3 to Schedule B-1.
7. Defendant, Yeseni Ortiz, believed to be a resident of the State of New Jersey, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel 2F-337B and described in Exhibit 3 to Schedule B-1.
8. Defendant, Maikel Padura Blanco, believed to be a resident of Cape Coral, Lee County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel 2F-338B and described in Exhibit 4 to Schedule B-1.
9. Defendant, Bibiana Fatima Bravo, believed to be a resident of Palm Beach Gardens, Palm Beach County, Florida, age, domicile, and marital status unknown, may have or claim an interest in the property known as Parcel 2F-359-A1 and described in Exhibit 1 to Schedule B-2.
10. Any and all parties claiming an interest by, through, under, and/or against the named Defendants.
11. 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-1 and/or Schedule B-2.
SCHEDULE A
SCHEDULE B-1
1. Legal description and sketch for Parcel 2F-324 attached as Exhibit 1.
2. Legal description and sketch for Parcel 2F-337A attached as Exhibit 2.
3. Legal description and sketch for Parcel 2F-337B attached as Exhibit 3.
4. Legal description and sketch for Parcel 2F-338B attached as Exhibit 4.
SCHEDULE B-1
EXHIBIT 1 TO SCHEDULE B-1
UTILITY EASEMENT
A PORTION OF LOT 37, BLOCK 2152, CAPE CORAL UNIT 32, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 11 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 37; THENCE S.89°22'50”W., ALONG THE NORTH LINE OF SAID LOT 37, FOR A DISTANCE OF 88.03 FEET TO THE POINT OF BEGINNING; THENCE S.00°41'44”W. FOR A DISTANCE OF 13.00 FEET; THENCE N.89°22'50''W, FOR A DISTANCE OF 25.00 FEET; THENCE N.45°39'27”E., FOR A DISTANCE OF 18.40 FEET; THENCE S.89°22'50”E. FOR A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
TOTAL EASEMENT CONTAINS 241 SQUARE FEET.
AREA OUTSIDE PLATTED DRAINAGE AND PUBLIC UTILITY EASEMENTS CONTAINS 148 SQUARE FEET.
EXHIBIT 2 TO SCHEDULE B-1
UTILITY EASEMENT
A PORTION OF LOT 28, BLOCK 2516, CAPE CORAL UNIT 36, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 116 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 28; THENCE S.00°23'08”W., ALONG THE EAST LINE OF SAID LOT 28, FOR A DISTANCE OF 12.27 FEET; THENCE N.82°02'23”E., FOR A DISTANCE OF 6.06 FEET TO A POINT ON THE EAST LINE OF A PLATTED 6 FOOT DRAINAGE AND PUBLIC UTILITY EASEMENT AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE N.00°23'08”E., AALONG SAID PLATTED EASEMENT, FOR A DISTANCE OF 5.47 FEET; THENCE N.89°34'05”E., ALONG SAID PLATTED EASEMENT, FOR A DISTANCE OF 41.31 FEET; THENCE S.82°02'23”W. FOR A DISTANCE OF 41.75 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 113 SQUARE FEET.
EXHIBIT 3 TO SCHEDULE B-1
UTILITY EASEMENT
A PORTION OF LOT 27, BLOCK 2516, CAPE CORAL UNIT 36, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 116 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 27; THENCE S.00°23'08”W., ALONG THE EAST LINE OF SAID LOT 27, FOR A DISTANCE OF 14.96 FEET; THENCE S.86°14'24”W., FOR A DISTANCE OF 6.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUE S.86°14'24”W., FOR A DISTANCE OF 80.78 FEET; THENCE S.89°40'14”W, FOR A DISTANCE OF 31.62 FEET TO A POINT ON THE EAST LINE OF A PLATTED DRAINAGE AND PUBLIC UTILITY EASEMENT AND A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 19.00 FEET; THENCE ALONG SAID PLATTED EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 74°33'52”, A CHORD BEARING OF N.52°17'09”E., A CHORD LENGTH OF 23.02 FEET AND AN ARC LENGTH OF 24.73 FEET; THENCE N.89°34'05”E., ALONG SAID PLATTED EASEMENT, FOR A DISTANCE OF 94.28 FEET; THENCE S.00°23'08”W., ALONG SAID PLATTED EASEMENT, FOR A DISTANCE OF 9.31 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 1,318 SQUARE FEET.
EXHIBIT 4 TO SCHEDULE B-1
UTILITY EASEMENT
A PORTION OF LOT 27, BLOCK 2759, CAPE CORAL UNIT 39, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 154 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 27; THENCE S.00°23'08”W., ALONG THE EAST LINE OF SAID LOT, FOR A DISTANCE OF 19.60 FEET; THENCE N.82°25'34”W., FOR A DISTANCE OF 6.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE CONTINUE N.82°25'34”W. FOR A DISTANCE OF 102.66 FEET TO A POINT ON THE PLATTED DRAINAGE AND PUBLIC UTILITY EASEMENT AND A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 19.00 FEET; THENCE ALONG SAID PLATTED EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 25°24'21”, A CHORD BEARING OF N.78°39'45”E., A CHORD LENGTH OF 8.36 FEET AND AN ARC LENGTH OF 8.42 FEET; THENCE S.88°38'04”E., ALONG SAID PLATTED EASEMENT, FOR A DISTANCE OF 93.69 FEET; THENCE S.00°23'08”W., ALONG SAID PLATTED EASEMENT FOR A DISTANCE OF 12.94 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 748 SQUARE FEET.
SCHEDULE B-2
Legal description and sketch for Parcel 2F-359-A1 attached as Exhibit 1
EXHIBIT 1 TO SCHEDULE B-2
TEMPORARY CONSTRUCTION EASEMENT
A PORTION OF LOT 23, BLOCK 2975, CAPE CORAL UNIT 42, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 43 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 23; THENCE S.89°41'24”E, ALONG THE SOUTH RIGHT OF WAY LINE OF KISMET PARKWAY, FOR A DISTANCE OF 12.50 FEET; THENCE S.00°28'49”W., FOR A DISTANCE OF 25.00 FEET; THENCE N.89°41'24”W., FOR A DISTANCE OF 12.50 FEET TO A POINT ON THE WEST LINE OF SAID LOT 23, THENCE N.00°28'49”E., ALONG SAID WEST LINE, FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
TOTAL CONSTRUCTION EASEMENT CONTAINS 313 SQUARE FEET.
AREA OUTSIDE PLATTED DRAINAGE AND PUBLIC UTILITY EASEMENTS CONTAINS 124 SQUARE FEET.
1. An Amended 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 (Carlos A. Kelly, Esq.), whose name and address are shown below, on or before November 22, 2023, 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.
WITNESS my hand and seal of this Court on 09/28/2023.
KEVIN C. KARNES,
CLERK OF COURT
(Seal) By: s/ N Watson
As Deputy Clerk
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
October 13, 20, 2023 23-03112L