26-00973T

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-001055
PARCELS:
HVR-102A; HVR-102B; HVR-801; HVR-137; and HVR-803
CHARLOTTE COUNTY, a Political
Subdivision of the State of Florida,
Petitioner, vs.
PORT CHARLOTTE CHESTNUT, LLC, f/k/a Deancurt Port Charlotte, LLC, a Delaware limited liability company; 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 Monday, November 12, 2026 at 1:30 p.m. (3 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 4 day of August, 2026.
ROGER D. EATON
CLERK OF CIRCUIT COURT
By:(SEAL) B. Lackey
Deputy Clerk
Tiernan Cole, Assistant County
Attorney
Office of the Charlotte County Attorney
18500 Murdock Circle, 5th Floor
Port Charlotte, Florida 33948-1094
[email protected]
[email protected]
[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-102A – Partial Fee Take - Road Right-of-Way
PARCEL HVR-102B – Partial Fee Take - Road Right-of-Way
PARCEL HVR-801 – Perpetual Drainage Easement
LEGAL DESCRIPTION HVR-102A:
That portion of the northeast 1/4 of Section 25, Township 40 South, Range 22 East, Charlotte County, Florida.
Being described as follows:
Commence at the southeast corner of the northeast 1/4 of said Section 25, said corner also being the northeast corner of the southeast 1/4 of said Section 25; thence along the east line of said southeast 1/4, South 00°09’22” West a distance of 7.77 feet to the survey baseline of County Road 776 (Harborview Road) and to the beginning of a curve having a radius of 2,864.79 feet; thence along said survey baseline the arc of said curve to the left a distance of 210.05 feet through a central angle of 04°12’04” with a chord bearing South 84°36’51” West and a chord distance of 210.00 feet to the end of said curve; thence continue along said survey baseline South 82°30’49” West a distance of 495.95 feet; thence North 07°29’11” West a distance of 102.89 feet to the north existing Charlotte County right of way line (per Official Records Book 1666, Page 1196, Public Records of Charlotte County, Florida) for a POINT OF BEGINNING; thence along said north existing Charlotte County right of way line South 82°22’32” West a distance of 134.90 feet to the east existing Charlotte County right of way line (per said Official Records Book 1666, Page 1196); thence along said east existing Charlotte County right of way line North 00°44’34” East a distance of 89.70 feet; thence North 34°35’20” East a distance of 65.01 feet; thence North 37°19’48” East a distance of 97.16 feet; thence South 52°40’12” East a distance of 68.75 feet; thence South 35°59’43” West a distance of 57.43 feet to the beginning of a curve having a radius of 83.35 feet; thence along the arc of said curve to the left a distance of 127.61 feet through a central angle of 87°43’17” with a chord bearing South 07°51’53” East and a chord distance of 115.51 feet to the end of said curve and to the POINT OF BEGINNING.
Containing 18,870 square feet
And
LEGAL DESCRIPTION HVR-102B:
That portion of the northeast 1/4 of Section 25, Township 40 South, Range 22 East, Charlotte County, Florida.
Being described as follows:
Commence at the southeast corner of the northeast 1/4 of said Section 25, said corner also being the northeast corner of the southeast 1/4 of said Section 25; thence along the east line of said southeast 1/4, South 00°09’22” West a distance of 7.77 feet to the survey baseline of County Road 776 (Harborview Road); thence along said east line North 00°09’22” East a distance of 7.77 feet to said northeast corner and said southeast corner; thence along the east line of said northeast 1/4, North 00°09’55” East a distance of 67.03 feet to the beginning of a curve having a radius of 2,940.79 feet for a POINT OF BEGINNING; thence along the arc of said curve to the left a distance of 221.18 feet through a central angle of 04°18’33” with a chord bearing South 84°39’03” West and a chord distance of 221.13 feet to the end of said curve; thence South 82°30’01” West a distance of 180.32 feet to the east existing Charlotte County right of way line (per Official Records Book 1666, Page 1196, Public Records of Charlotte County, Florida); thence along said east existing Charlotte County right of way line North 00°10’01” East a distance of 9.53 feet; thence North 81°59’02” East a distance of 149.89 feet to the beginning of a curve having a radius of 3,076.00 feet; thence along the arc of said curve to the right a distance of 251.82 feet through a central angle of 04°41’26” with a chord bearing North 84°19’45” East and a chord distance of 251.75 feet to said east line and to the end of said curve; thence along said east line South 00°09’55” West a distance of 11.16 feet to the POINT OF BEGININNG.
Containing 4,276 square feet
And
LEGAL DESCRIPTION HVR-801:
That portion of the northeast 1/4 of Section 25, Township 40 South, Range 22 East, Charlotte County, Florida.
Being described as follows:
Commence at the southeast corner of the northeast 1/4 of said Section 25, said corner also being the northeast corner of the southeast 1/4 of said Section 25; thence along the east line of said southeast 1/4, South 00°09’22” West a distance of 7.77 feet to the survey baseline of County Road 776 (Harborview Road) and to the beginning of a curve having a radius of 2,864.79 feet; thence along said survey baseline the arc of said curve to the left a distance of 210.05 feet through a central angle of 04°12’04” with a chord bearing South 84°36’51” West and a chord distance of 210.00 feet to the end of said curve; thence continue along said survey baseline South 82°30’49” West a distance of 502.09 feet; thence North 07°29’11” West a distance of 109.95 feet for a POINT OF BEGINNING; thence South 81°59’02” West a distance of 127.87 feet to the east existing Charlotte County right of way line (per Official Records Book 1666, Page 1196, Public Records of Charlotte County, Florida) thence along said east existing Charlotte County right of way line North 00°44’34” East a distance of 83.43 feet; thence North 34°35’20” East a distance of 65.01 feet; thence North 37°19’48” East a distance of 97.16 feet; thence South 52°40’12” East a distance of 57.66 feet; thence North 35°14’16” East a distance of 69.30 feet; thence South 66°34’56” East a distance of 95.71 feet to the beginning of a curve having a radius of 80.00 feet; thence along the arc of said curve to the left a distance of 54.93 feet through a central angle of 39°20’27” with a chord bearing South 86°15’09” East and a chord distance of 53.86 feet to the end of said curve; thence North 74°04’37” East a distance of 51.38 feet; thence South 07°26’44” East a distance of 138.22 feet; thence South 82°42’05” West a distance of 280.98 feet to the beginning of a curve having a radius of 83.35 feet; thence along the arc of said curve to the left a distance of 22.53 feet through a central angle of 15°29’03” with a chord bearing South 37°33’01” East and a chord distance of 22.46 feet to the end of said curve and to the POINT OF BEGINNING.
Containing 1.331 acres
Property Account No(s): 402225278002
OWNED BY: PORT CHARLOTTE CHESTNUT, LLC, f/k/a Deancurt Port Charlotte, LLC, a Delaware limited liability company
Pursuant to: Special Warranty Deed
Recorded at: OR Book 4991, Page 1650,
in the public records in and for Charlotte County, Florida.
SUBJECT TO:
Instrument: Multifamily Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing; Omnibus Assignment of Recordable Documents; and Subordination Agreement Governmental Entity
In favor of: FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a Fannie Mae, a United States government-sponsored enterprise and WALKER & DUNLOP, LLC, a Delaware limited liability company
Recorded at: Instrument Nos. 3597850; 3597851; and 3597852, respectively
in the public records in and for Charlotte County, Florida.
Instrument: Extended Low Income Housing Agreement, as amended pursuant to that First Amendment to Extended Low Income Housing Agreement, as assigned pursuant to an Assignment and Assumption of Extended Low Income Housing Agreement; and Subordination Agreement Governmental Entity
In favor of: FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly existing under the laws of the State of Florida
Recorded at: OR Book 3255, Page 11; OR Book 4865, Page 152; OR Book 4991, Page 1660; and Instrument No. 3597852, respectively in the public records in and for Charlotte County, Florida.
Instrument: Unrecorded Business Lease
In favor of: PORT CHARLOTTE CHESTNUT, LLC, a Delaware limited liability company d/b/a CHARLESTON CAY APARTMENT.
PARCEL HVR-137 – Partial Fee Take – Right of Way
PARCEL HVR-803 – Perpetual Drainage Easement
LEGAL DESCRIPTION HVR-137:
That portion of the northeast 1/4 of Section 30, Township 40 South, Range 23 East, and that portion of an unimproved road, William Curry’s Addition to Hickory Bluff, a subdivision lying in Section 30, Township 40 South, Range 23 East, as per plat thereof recorded in Official Records Plat Book 1, Page 21, 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 837.71 feet; thence South 00°44’12” West a distance of 50.60 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 North 52°57’50” East a distance of 536.27 feet to the beginning of a curve having a radius of 1,105.92 feet; thence continue along said south existing right of way line the arc of said curve to the right a distance of 92.71 feet through a central angle of 04°48’12” with a chord bearing North 55°21’56” East and a chord distance of 92.68 feet to the end of said curve; thence South 22°20’31” East a distance of 41.17 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 7.55 feet through a central angle of 00°20’26” with a chord bearing South 59°03’54” West and a chord distance of 7.55 feet to the end of said curve; thence North 31°06’19” West a distance of 20.89 feet to the beginning of a curve having a radius of 1,290.91 feet; thence along the arc of said curve to the left a distance of 138.88 feet through a central angle of 06°09’50” with a chord bearing South 55°48’46” West and a chord distance of 138.81 feet to the end of said curve; thence South 52°44’48” West a distance of 502.91 feet; thence North 00°44’12” East a distance of 21.68 feet to said south existing right of way line; thence along said south existing right of way line North 52°57’50” East a distance of 15.18 feet to the POINT OF BEGINNING.
Containing 10,825 square feet.
AND
LEGAL DESCRIPTION HVR-803:
That portion of the northeast 1/4 of Section 30, Township 40 South, Range 23 East, 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 838.54 feet; thence South 37°02’10” East a distance of 56.91 feet for a POINT OF BEGINNING; thence North 52°44’48” East a distance of 88.34 feet; thence South 10°25’07” West a distance of 11.09 feet; thence South 12°19’08” East a distance of 50.88 feet; thence South 77°40’52” West a distance of 59.42 feet; thence North 12°19’08” West a distance of 16.43 feet; thence North 77°54’22” West a distance of 18.01 feet to the POINT OF BEGINNING.
Containing 2,833 square feet.
Property Account No: 402330251008
OWNED BY: CS1031 HARBOR VIEW MHC, LLC, a Delaware limited liability company
Pursuant to: Quitclaim Deed and Special Warranty Deed
Recorded at: OR Book 4616, Page 1177 and OR Book 4616, Page 1180, respectively
in the public records in and for Charlotte County, Florida.
SUBJECT TO:
Instrument: Multifamily Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, and subsequent Assignment of Mortgage
In favor of: FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a Fannie Mae, a United States government-sponsored enterprise and WALKER & DUNLOP, LLC, a Delaware limited liability company
Recorded at: OR Book 4616, Page 1183 and OR Book 4616, Page 1243, respectively
in the public records in and for Charlotte County, Florida.
Instrument: UCC-1 Financing Statements and Assignment
In favor of: FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation organized and existing under the laws of the United States of America
Recorded at: OR Book 4616, Page 1247; OR Book 4616, Page 1249; and OR Book 4616, Page 1669, respectively
in the public records in and for Charlotte County, Florida.
Instrument: Unrecorded Master Lease dated August 13, 2020, as evidenced by that certain recorded Tenant/Landlord Subordination and Assignment Agreement between CS1031 Harbor View MHC, LLC and CS1031 Harbor View MHC Master Lessee, LLC, a Delaware limited liability company
In favor of: CS1031 HARBOR VIEW MHC MASTER LESSEE, LLC, a Delaware limited liability company
Recorded at: OR Book 4616, Page 1212
in the public records in and for Charlotte County, Florida.
Instrument: Notice of Commencement (recorded 05/06/2026)
In favor of: PHILLIP L. BUSMAN
Recorded at: Instrument No. 3641508
in the public records in and for Charlotte County, Florida.
Instrument:
Unrecorded Business Lease
In favor of: CS1031 HARBOR VIEW MHC, LLC, a Delaware limited liability company d/b/a HARBOR VIEW ON THE BAY
August 14, 21, 2026 26-00973T

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