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NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING FOR CONSTRUCTIVE SERVICE OF PROCESS
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
Case No. 23-CA-2775
Easement C
LEE COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, vs.
ALEXANDER JAMES MARUCA, et al
Respondents.
TO: All Respondents named in Exhibit ''1 '', attached; all parties claiming interests by, through, under or against the named Respondents; and all parties having or claiming to have any right, title or interest in the property described in Exhibit “2”.
A Petition in Eminent Domain has been filed to acquire certain property interests in Lee County, Florida. Each Respondent is required to serve written defenses to the Petition on Petitioner's attorney, whose name and address is shown below, on or before June 5, 2024, and to file the original of the defenses with the Clerk of this Court either before service on Petitioner's attorney or immediately thereafter, 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 the use 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.
EXHIBIT “1” - List of Respondents and Interests in Property to be Acquired
NAME
CBC MORTGAGE AGENCY
912 West Baxter Drive, Ste. 150
South Jordan, UT 84095
INTEREST
Mortgagee
EXHIBIT “2”-Property/Legal Description
Exhibit “A”
DESCRIPTION OF EASEMENT “C”
ABLE CANAL PATHWAY AT 19th STREET W
All that part of Lot 10, Block 34, Lehigh Acres Unit 5 according to the plat thereof as recorded in Plat Book 15, Page 68, Public Records of Lee County, Florida being more particularly described as follows;
COMMENCING at the southwest corner of Lot 10, Block 34, Lehigh Acres Unit 5 according the plat thereof as recorded in Plat Book 15, Page 68, Public Records of Lee County, Florida;
Thence alone the southwest line of said Lot 10 also being the northeast right-of-way line of Able Canal N.36°58'09”W. for 12.29 feet to the POINT OF BEGINNING of the Parcel herein described;
Thence continue along said line N.36°58'09” W. for 63.91 feet;
Thence N.53°01'51”E. for 2.00 feet
Thence S.67°02'52”E. for 37.13 feet;
Thence S.06°36'58”E. for 36.83 feet;
Thence S.53°01'51”W. for 2.00 feet to the aforesaid southwest line of said Lot 10 also being the northeast right-of-way line of Able Canal and the POINT OF BEGINNING of the Parcel herein described;
Containing 723 square feet, more or less.
Bearings are based on the northeast right-of-way line of Able Canal being N.36°58'09”W.
PLEASE TAKE NOTICE that a Declaration of Taking has been filed in this action and that Petitioner will petition for an Order of Taking and any other order the Court deems proper before the Honorable Kyle Cohen, one of the judges of this Court, on the 10th day of June, 2024, at 10:00 a.m., via Zoom, Meeting ID 896 600 3281, Zoom Link: https://zoom.us/j/8966003281. All Respondents in this action may request a hearing at the time and place designated and be heard. Any Respondent failing to file a request for hearing shall waive any right to object to the order of taking.
WITNESS my hand and the seal of this Court on the day of 04/29/2024,
KEVIN C. KARNES
CLERK OF CIRCUIT COURT
(SEAL) By: N. Watson
Deputy Clerk
May 3, 10, 2024 24-01747L