25-03187L

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. 25-CA-004061
LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida not-for-profit corporation,
Petitioner, v.
KS FLORIDA, LLC; NORTH FORT MYERS UTILITY, INC.; 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,
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 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 October 3, 2025, 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 Alane C. Laboda, one of the judges of this Court, October 8, 2025 at 10:00 a.m. in Hearing Room 4-O of the Lee County Justice Center, 1700 Monroe Street, Ft. Myers, Lee County, 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, KS Florida, LLC, a Florida limited liability company, which has its principal place of business in the State of Florida, may have or claim an interest in the property known as Parcel A and described in Schedule B.
2. Defendant, North Fort Myers Utility, Inc., a Florida profit corporation, which has its principal place of business in the State of Florida, may have or claim an interest in the property known as Parcel A and described in Schedule B.
3. Any and all parties claiming an interest by, through, under, and/or against the named Defendants.
4. 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
DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 23, T-43-S, R-25-E, LEE COUNTY, FLORIDA.
A PERPETUAL RIGHT-OF-WAY UTILITY EASEMENT LYING OVER, UNDER AND ACROSS A PORTION SECTION 23, TOWNSHIP 43 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
THE EAST 50 FEET OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 23.
CONTAINS 1.52 ACRES, MORE OR LESS.
ATWELL, LLC
FLORIDA LICENSED BUSINESS NO. LB7832
APRIL 22, 2025
Digitally signed by Scott T Weyant
Date: 2025.04.22
11:20:34-04’00’
SCOTT T. WEYANT, P.S.M.
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATION NO. 7547
WITNESS my hand and seal of this Court on 08/15/2025
KEVIN C. KARNES,
CLERK OF COURT
(SEAL) By: K. Harris
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
August 22, 29, 2025 25-03187L

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