IN THE CIRCUIT COURT
OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
THE POLK REGIONAL WATER COOPERATIVE, an
Independent Special District created under the laws
of the State of Florida,
Petitioner,
Case No. 53-2025CA-
00341357PEBA
00341357TCBA
vs.
SPEEDWAY AUTO SALES, LLC, a Florida Limited
Section: 08
Liability Company; MOBILE AUTO PAINTING FL,
LLC, a Florida Limited Liability Company;
CITIZENS BANK AND TRUST,
a Florida Corporation; HUSTON
MOTORS, INC., a Florida Corporation; POLK
COUNTY TAX COLLECTOR, JOE G. TEDDER; and
any and all other persons having or claiming to have
any right, title or interest in the real property
described in this action,
Parcels:
4057-PE
4057-TCE
Defendants.
NOTICE TO SHOW CAUSE and NOTICE OF SUIT
STATE OF FLORIDA TO:
Speedway Auto Sales, LLC
c/o Rex Guy as Registered Agent
21280 US 27
Lake Wales, FL 33853
Mobile Auto Painting FL, LLC
c/o Xenia I. Quintanilla as Registered Agent
317 Edmund Ave
Dundee, FL 33838
Citizens Bank and Trust
c/o Greg Littleton as Registered Agent
222 State Road 60 East
Lake Wales, FL 33853
Huston Motors, Inc.
c/o Samuel D. Huston, Jr. as Registered Agent
248 McLean Landing
Winter Haven, FL 33884
Joe G. Tedder, Polk County Tax Collector
c/o Joe G. Tedder or his designee
430 East Main Street
Bartow, Florida 33830
To all said defendants, and any and all other persons having or claiming to have any right, title or interest by, through, under or against the above-named defendants, or otherwise claiming any right, title or interest in the real property described in the Petition, to wit:
See attached Exhibit “A”
you are each notified that the Petitioner filed its sworn Petition and its Declaration of Taking in this Court against you as defendants, seeking to condemn by eminent domain proceedings the above- described property located in the State of Florida, County of Polk. You are further notified that a Pre-Order of Taking Case Management Conference is set for November 4, 2025 at 9:00 a.m. before the Honorable Ellen S. Masters, via Microsoft Teams (participate by visiting the Tenth Judicial Circuit website at https://www.jud10.flcourts.org/virtual-courtroom-links/polk-civil for links to Polk County’s virtual courtrooms and make sure to select the link for Polk Civil Division 08 Virtual Courtroom) or call in by phone to +1 863-225-4022 and use Conference ID: 520 540 847#, at which time an order of taking will be entered if all parties are in agreement or if no hearing has been requested. All parties are required to attend the Pre-Order of Taking Case Management Conference. If a hearing is requested and required, the Order of Taking hearing is set for November 18, 2025 at 1:00 p.m., before the Honorable Ellen S. Masters, in Room 7D-1, Seventh Floor, Blue Elevators, at the Polk County Courthouse, 255 North Broadway, Bartow, Florida, or at such other time set by the Court at the Pre-Order of Taking Case Management Conference. All defendants to this suit may request a hearing at the time and place designated and be heard.
AND
Each defendant is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petitioner on:
Anthony V. Policastro
Policastro Law Group
1700 N. McMullen Booth Road, Suite C5
Clearwater, Florida 33759
T: 727.475.1988
tony@policastrolaw.com
eric@policastrolaw.com
on or before October 31, 2025 and to file the originals with the Clerk of this Court either before service on Petitioner’s Attorney or immediately thereafter, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition. If you fail to answer, a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking.
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 Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, 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.
NOTICE REGARDING REMOTE PARTICIPATION
OPTIONS FOR PARTICIPATION
Videoconference by computer or laptop: You must have a microphone and camera installed, email account, and reliable internet connection. You may select “Join in Browser” without downloading software, or download the free Microsoft Teams app for better user experience.
Videoconference by smartphone or tablet: You must have camera, microphone, reliable internet connection, and an email account. Participation using a smartphone or tablet requires download of the free Microsoft Teams app.
Teleconference option: You may appear by telephone using the telephone number and conference ID provided in the above notice.
OTHER ADVISEMENTS
Any testifying participant must appear by videoconference.
Participate from an indoor location free from excessive background noise.
If you are directed to a virtual lobby, please be patient until the case is called.
Mute your microphone upon entering the virtual courtroom and keep your microphone muted unless speaking.
Additional information may be found on the Tenth Judicial Circuit Website at http://www.jud10.flcourts.org/. If you have questions or need additional support, please email Court Technology at 10thVirtualCourtSupport@jud10.flcourts.org, or call (863) 534-7788.
WITNESS my hand and seal of said Court on the 28th day of August, 2025, in Polk County, Florida.
STACY M. BUTTERFIELD,
CLERK OF THE CIRCUIT COURT
BY: /s/ Elizabeth Rivera
Deputy Clerk (SEAL)
EXHIBIT A
P4057-PE (Permanent Easement)
A parcel of land being a portion of a parcel described in Official Records Book 12355, Pages 510 through 511, Public Records of Polk County, Florida, located in Section 34, Township 29 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northwest 1/4 of said Section 34; thence North 89°18'56" East, along the North line of said Northwest 1/4, a distance of 1436.77 feet to the intersection with the West right-of-way line of US Highway 27 (State Road 25) as depicted on Florida Department of Transportation Section Map 1618-202, also being described in Deed Book 1050, Pages 365 through 368, Public Records of Polk County, Florida; thence South 14°24'11" East, along said West right-of-way line, 590.58 feet to the POINT OF BEGINNING; thence continue South 14°24'11" East, along said West right-of-way line, 20.29 feet to the intersection with the North edge of pavement of Mountain Lake Cutoff Road as scaled from the Maintained Right-of-way Map for Mountain Lake Cutoff Road recorded in Map Book 5, Pages 152 through 161, Public Records of Polk County, Florida; thence South 64°21'07" West, along said edge of pavement, 57.32 feet to the intersection with the North maintained right-of-way line of said Mountain Lake Cutoff Road; thence along said North maintained right-of-way line the following eight (8) courses; thence (1) North 14°40'01" West, 27.57 feet; thence (2) South 75°09'40" West, 100.00 feet; thence (3) South 75°23'25" West, 100.00 feet; thence (4) South 73°05'58" West, 100.08 feet; thence (5) South 74°55'55" West, 100.00 feet; thence (6) South 75°02'47" West, 100.00 feet; thence (7) South 71°02'38" West, 100.28 feet; thence (8) South 78°04'52" West, 32.55 feet to the centerline of a branch lying between two lakes; thence North 26°38'43" West, along said centerline,12.04 feet; thence North 77°04'02" East, 104.58 feet; thence North 71°21'48" East, 98.55 feet; thence North 75°23'55" East, 488.52 feet to the POINT OF BEGINNING.
Said parcel containing 5,640.78 square feet, more or less.
P4057-TCE (Temporary Construction Easement)
A parcel of land being a portion of the parcel described in Official Records Book 12355, Pages 510 through 511, Public Records of Polk County, Florida, located in Section 34, Township 29 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northwest 1/4 of said Section 34; thence North 89°18'56" East, along the North line of said Northwest 1/4, a distance of 1436.77 feet to the intersection with the West right-of-way line of US Highway 27 (State Road 25) as depicted on Florida Department of Transportation Section Map 1618-202, also described in Deed Book 1050, Pages 365 through 368, Public Records of Polk County, Florida; thence South 14°24'11" East, along said West right-of-way line, 553.58 feet to the POINT OF BEGINNING; thence continue South 14°24'11" East, along said West right-of-way line, 37.00 feet; thence South 75°23'55" West, 488.52 feet; thence South 71°21'48" West, 98.55 feet; thence South 77°04'02" West, 104.58 feet to the centerline of a branch connecting two lakes; thence North 26°38'43" West, along said centerline, 8.65 feet; thence North 76°12'29" East, 106.07 feet; thence North 71°21'48" East, 27.42 feet; thence North 75°23'55" East, 465.77 feet; thence North 14°24'11" West, 32.00 feet; thence North 75°23'55" East, 94.00 feet to the POINT OF BEGINNING.
Said parcel containing 7,228.34 square feet, more or less.
Petitioner’s rights in P4057-TCE shall expire upon the completion of construction within this Easement or sixty (60) months from the date the Easement is established, whichever occurs sooner.
September 4,11,2025 11623674