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NOTICE OF EMINENT DOMAIN PROCEEDINGS AND
NOTICE OF HEARING FOR
PUBLICATION
IN THE CIRCUIT COURT
OF THE TWENTIETH
JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 26-CA-001027
PARCELS:
HVR-144; HVR-723A; HVR-723B; HVR-804A; and HVR-804B
CHARLOTTE COUNTY, a Political
Subdivision of the State of Florida,
Petitioner, vs.
MARY LU HOMEOWNERS ASSOCIATION, INC., a Florida corporation; et al.,
Defendants.
STATE OF FLORIDA:
TO ALL AND SINGULAR THE SHERIFFS OF THE STATE OF FLORIDA:
NOTICE IS HEREBY GIVEN TO ALL WHOM IT MAY CONCERN, INCLUDING ALL PARTIES CLAIMING ANY INTEREST BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); AND TO ALL HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; that a Petition in Eminent Domain and Declaration of Taking has been filed to acquire certain property interests in Charlotte County, Florida as described in the Petition.
Each Defendant and any other person claiming any interest in, or having a lien upon, the property described in the Petition is required to serve a copy of their written defenses to the Petition on Charlotte County’s attorney, whose name and address is shown below and to file the original of the defenses with the Clerk of this Court, on or before October 12, 2026, showing what right, title, interest or lien the Defendant has in 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.
PLEASE TAKE NOTICE that a Declaration of Taking has been filed in this cause and that Charlotte County will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Charlotte County, and any other order the Court deems proper before the Honorable Judge Russell T. Kirshy, on Thursday, November 12, 2026 at 1:30 p.m. (2 hours reserved) at the Charlotte County Justice Center, Courtroom 4C, 350 East Marion Avenue, Punta Gorda, Florida 33950. 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.
WITNESS MY HAND AND SEAL this 30 day of July, 2026.
ROGER D. EATON
CLERK OF CIRCUIT COURT
By:(SEAL) B. Lackey
Deputy Clerk
Robert J. Gill, Esquire
Adams & Reese, LLP
2001 Siesta Drive, Suite 302
Sarasota, FL 34239
(941) 316-7620
[email protected]
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 the Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110 or [email protected], 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.
EXHIBIT “A”
PARCEL HVR-144 – Partial Fee Take - Road Right-of-Way
PARCEL HVR-723A – Temporary Construction Easement
PARCEL HVR-723B – Temporary Construction Easement
PARCEL HVR-804A – Perpetual Drainage Easement
PARCEL HVR-804B – Perpetual Drainage Easement
LEGAL DESCRIPTION HVR-144:
That portion of the northeast 1/4 of Section 30, Township 40 South, Range 23 East, and those portions of Lots 1, 3 and 4, Block 45, Harbor View, De Coster’s Addition, a subdivision lying in Section 30, Township 40 South, Range 23 East, as per plat thereof recorded in Official Records Plat Book 1, Page 24, Public Records of Charlotte County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 30; thence along the west line of said northeast 1/4, South 00°16’54” West a distance of 1,687.54 feet to the survey baseline of County Road 776 (Harborview Road); thence along said survey baseline North 52°57’50” East a distance of 1,342.99 feet to the beginning of a curve having a radius of 1,145.92 feet; thence continue along said survey baseline the arc of said curve to the right a distance of 705.47 feet through a central angle of 35°16’25” with a chord bearing North 70°36’03” East and a chord distance of 694.38 feet to the end of said curve; thence South 01°45’45” East a distance of 40.00 feet to the south existing right of way line of said County Road 776 (per Section 01560-2601) for a POINT OF BEGINNING; thence along said south existing right of way line South 32°37’52” East a distance of 12.18 feet to the beginning of a curve having a radius of 1,293.14 feet; thence along the arc of said curve to the left a distance of 61.49 feet through a central angle of 02°43’28” with a chord bearing South 84°04’29” West and a chord distance of 61.48 feet to the end of said curve; thence South 81°20’11” West a distance of 62.11 feet to the beginning of a curve having a radius of 1,293.14 feet; thence along the arc of said curve to the left a distance of 270.43 feet through a central angle of 11°58’55” with a chord bearing South 73°58’10” West and a chord distance of 269.93 feet to the end of said curve; thence South 66°06’03” West a distance of 84.74 feet to the beginning of a curve having a radius of 1,293.14 feet; thence along the arc of said curve to the left a distance of 99.78 feet through a central angle of 04°25’16” with a chord bearing South 62°00’45” West and a chord distance of 99.76 feet to the end of said curve; thence South 30°11’53” East a distance of 23.11 feet to the beginning of a curve having a radius of 1,270.02 feet; thence along the arc of said curve to the left a distance of 12.56 feet through a central angle of 00°34’00” with a chord bearing South 59°31’07” West and a chord distance of 12.56 feet; thence North 22°20’31” West a distance of 41.17 feet to said south existing right of way line and to the beginning of a curve having a radius of 1,105.92 feet; thence along said south existing right of way line the arc of said curve to the right a distance of 588.14 feet through a central angle of 30°28’13” with a chord bearing North 73°00’09” East and a chord distance of 581.23 feet to the end of said curve and to the POINT OF BEGINNING.
Containing 11,042 square feet.
And
LEGAL DESCRIPTION HVR-723A:
That portion of the northeast 1/4 of Section 30, Township 40 South, Range 23 East, and those portions of Lots 4 and 5, Block 45, Harbor View, De Coster’s Addition, a subdivision lying in Section 30, Township 40 South, Range 23 East, as per plat thereof recorded in Official Records Plat Book 1, Page 24, Public Records of Charlotte County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 30; thence along the west line of said northeast 1/4, South 00°16’54” West a distance of 1,687.54 feet to the survey baseline of County Road 776 (Harborview Road); thence along said survey baseline North 52°57’50” East a distance of 1,342.99 feet to the beginning of a curve having a radius of 1,145.92 feet; thence continue along said survey baseline the arc of said curve to the right a distance of 211.23 feet through a central angle of 10°33’42” with a chord bearing North 58°14’41” East and a chord distance of 210.93 feet to the end of said curve; thence South 26°28’28” East a distance of 60.11 feet to the beginning of a curve having a radius of 1,293.14 feet for a POINT OF BEGINNING; thence along the arc of said curve to the right a distance of 75.74 feet through a central angle of 03°21’22” with a chord bearing North 66°02’31” East and a chord distance of 75.73 feet to the end of said curve; thence South 42°04’33” East a distance of 50.90 feet; thence South 32°40’14” West a distance of 43.34 feet; thence South 63°04’13” West a distance of 49.63 feet; thence North 28°23’51” West a distance of 75.02 feet to the POINT OF BEGINNING.
Containing 5,688 square feet.
And
Legal Description of HVR-723B:
Those portions of Lots 1 and 2, Block 45, Harbor View, De Coster’s Addition, a subdivision lying in Section 30, Township 40 South, Range 23 East, as per plat thereof recorded in Official Records Plat Book 1, Page 24, Public Records of Charlotte County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 30; thence along the west line of said northeast 1/4, South 00°16’54” West a distance of 1,687.54 feet to the survey baseline of County Road 776 (Harborview Road); thence along said survey baseline North 52°57’50” East a distance of 1,342.99 feet to the beginning of a curve having a radius of 1,145.92 feet; thence continue along said survey baseline the arc of said curve to the right a distance of 592.12 feet through a central angle of 29°36’23” with a chord bearing North 67°46’02” East and a chord distance of 585.56 feet to the end of said curve; thence South 07°25’47” East a distance of 55.76 feet to the beginning of a curve having a radius of 1,293.14 feet for a POINT OF BEGINNING; thence along the arc of said curve to the right a distance of 56.90 feet through a central angle of 02°31’17” with a chord bearing North 81°37’38” East and a chord distance of 56.90 feet to the end of said curve; thence South 28°14’59” West a distance of 20.80 feet; thence South 00°56’03” West a distance of 46.50 feet; thence North 89°03’57” West a distance of 38.60 feet; thence North 07°13’42” West a distance of 56.35 feet to the POINT OF BEGINNING.
Containing 2,647 square feet.
And
Legal Description of HVR-804A:
That portion of the northeast 1/4 of Section 30, Township 40 South, Range 23 East, and that portion of Lot 4, Block 45, Harbor View, De Coster’s Addition, a subdivision lying in Section 30, Township 40 South, Range 23 East, as per plat thereof recorded in Official Records Plat Book 1, Page 24, Public Records of Charlotte County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 30; thence along the west line of said northeast 1/4, South 00°16’54” West a distance of 1,687.54 feet to the survey baseline of County Road 776 (Harborview Road); thence along said survey baseline North 52°57’50” East a distance of 1,342.99 feet to the beginning of a curve having a radius of 1,145.92 feet; thence continue along said survey baseline the arc of said curve to the right a distance of 207.88 feet through a central angle of 10°23’38” with a chord bearing North 58°09’40” East and a chord distance of 207.60 feet to the end of said curve; thence South 26°38’31” East a distance of 60.06 feet for a POINT OF BEGINNING; thence North 66°06’03” East a distance of 84.74 feet; thence South 21°48’52” West a distance of 10.05 feet; thence South 46°08’10” East a distance of 24.48 feet; thence South 62°02’59” West a distance of 50.50 feet; thence North 83°24’51” West a distance of 36.16 feet; thence North 25°33’46” West a distance of 8.67 feet; thence North 62°43’30” West a distance of 8.00 feet to the POINT OF BEGINNING.
Containing 2,209 square feet.
And
Legal Description of HVR-804B:
That portion of Lot 1, Block 45, Harbor View, De Coster’s Addition, a subdivision lying in Section 30, Township 40 South, Range 23 East, as per plat thereof recorded in Official Records Plat Book 1, Page 24, Public Records of Charlotte County, Florida.
Being described as follows:
Commence at the northwest corner of the northeast 1/4 of said Section 30; thence along the west line of said northeast 1/4, South 00°16’54” West a distance of 1,687.54 feet to the survey baseline of County Road 776 (Harborview Road); thence along said survey baseline North 52°57’50” East a distance of 1,342.99 feet to the beginning of a curve having a radius of 1,145.92 feet; thence continue along said survey baseline the arc of said curve to the right a distance of 582.49 feet through a central angle of 29°07’29” with a chord bearing North 67°31’35” East and a chord distance of 576.24 feet to the end of said curve; thence South 07°54’41” East a distance of 56.11 feet for a POINT OF BEGINNING; thence North 81°20’11” East a distance of 62.11 feet; thence South 03°14’02” West a distance of 7.17 feet; thence South 27°37’59” West a distance of 14.05 feet; thence South 83°12’24” West a distance of 5.76 feet; thence South 42°59’25” West a distance of 15.73 feet; thence North 89°02’12” West a distance of 24.37 feet; thence North 09°28’08” West a distance of 12.02 feet; thence North 48°56’17” West a distance of 15.49 feet to the POINT OF BEGINNING.
Containing 1,184 square feet.
Property Account No(s): 402330281001
OWNED BY: MARY LU HOMEOWNERS ASSOCIATION, INC., a Florida corporation
Pursuant to: Warranty Deed
Recorded at: OR Book 988, Page 1459
in the public records in and for Charlotte County, Florida.
SUBJECT TO:
As to Parcels HVR-144, HVR-723A, HVR-723B, HVR-804A and HVR-804B:
Instrument: Notice of Commencement (recorded 2026-05-11)
In favor of: Wetherington Restoration & Remodeling, Inc., a Florida corporation
Recorded at: Instrument No. 3642909
in the public records in and for Charlotte County, Florida.
Instrument: Stock Certificate 612 from Mary Lu Homeowners Association, Inc.
(Parcel Tax ID 402330276905)
In favor of: Darlene Romito, Personal Representative of The Estate of Barbara L Sperry – Lot 99
Recorded at: Instrument No. 2969745
in the public records in and for Charlotte County, Florida.
As to Parcels HVR-144, HVR-723A, and HVR-804A ONLY:
Instrument: Stock Certificate 671 from Mary Lu Homeowners Association, Inc.
(Parcel Tax ID 402330203901)
In favor of: Winfred Jean Wydra and Nancee Terracciano a/k/a Nancee Terriciano – Lot 114
Recorded at: Instrument No. 3629247
in the public records in and for Charlotte County, Florida.
As to Parcels HVR-723B and HVR-804B ONLY:
Instrument: Stock Certificate 523 from Mary Lu Homeowners Association, Inc.
(Parcel Tax ID 402330243901)
In favor of: William E. Stagner – Lot 1
Recorded at: Instrument No. 2423345
in the public records in and for Charlotte County, Florida.
As to Parcel HVR-723A ONLY:
Instrument: Stock Certificate 610 from Mary Lu Homeowners Association, Inc.
(Parcel Tax ID 402330203902)
In favor of: Anthony Bilotta, Trustee of the Anthony Bilotta Trust – Lot 113
Recorded at: Instrument No. 2992136
in the public records in and for Charlotte County, Florida.
As to Parcel HVR-723B ONLY:
Instrument: Stock Certificate 559 from Mary Lu Homeowners Association, Inc.
(Parcel Tax ID 402330243902)
In favor of: Rodney A. Miner, as Personal Representative of the Estate of Carol Joyce Swanston a/k/a Carol Miner Swanston – Lot 2
Recorded at: Instrument No. 2669230
in the public records in and for Charlotte County, Florida.
and
Instrument: Personal Representative’s Distributive Deed and Release of Property (Share No. 128 - Parcel ID 402330243902) and Quit Claim Deed
In favor of: Lydia Love Rist
Recorded at: Instrument Nos. 3655265 and 3655266, respectively
in the public records in and for Charlotte County, Florida.
August 14, 21, 2026 26-00972T
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