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,
vs.
EWELL INVESTMENT, LLC, a Florida Limited
Liability Company; JOE G. TEDDER, POLK COUNTY
TAX COLLECTOR; 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 this action
Defendants.
Case No. 53-2025CA-
00343313PEBA
00343313TCBA
00343314PEBA
00343314TCBA
Section: 08
Parcels:
4013-PE
4013-TCE
4014-PE
4014-TCE
NOTICE TO SHOW CAUSE and NOTICE OF SUIT
STATE OF FLORIDA TO:
Ewell Investment, LLC,
A Florida Limited Liability Company
c/o Kent L. Hipp, Esq.
GrayRobinson, P.A.
301 E. Pine Street, Suite. 1400
P.O. Box 3068
Orlando, FL 32802
Parcels 4013-PE, 4013-TCE, 4014-PE, 4014-TCE
Joe G. Tedder, Polk County Tax Collector
c/o Joe G. Tedder or his designee
430 East Main Street
Bartow, Florida 33830
Parcels 4013-PE, 4013-TCE, 4014-PE, 4014-TCE
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 properties 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 properties 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 3:00 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 20, 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 properties described in the Petition and to show cause, if any you have, why the properties 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 10th day of September, 2025, in Polk County, Florida.
STACY M. BUTTERFIELD,
CLERK OF THE CIRCUIT COURT
BY: /s/ Lynette Burke
Deputy Clerk (SEAL)
EXHIBIT A
P4013-PE (Permanent Easement)
A parcel of land being a portion of the parcel described in Official Records Book 13186, Pages 559 through 560, Public Records of Polk County, Florida, located in Section 11, Township 29 South, Range 27 East, lying East of the maintained right-of-way for Lake Mabel Loop Road, as depicted in Map Book 8, Pages 161 through 168, Public Records of Polk County, Florida, being more particularly described as follows:
COMMENCE at the Northeast corner of the Southeast 1/4 of said Section 11; thence South 89°19'31" West, along the North line of said Southeast 1/4, a distance of 31.21 feet to the POINT OF BEGINNING; thence South 01°46'28" East, 689.01 feet; thence South 02°45'55" East, 633.66 feet to the South line of the Northeast 1/4 of said Southeast 1/4 of Section 11; thence South 89°21'46" West, along said South line, 37.10 feet the intersection with the East maintained right-of-way line of said Lake Mabel Loop Road; thence along said East maintained right-of-way line the following ten (10) courses; thence (1) North 04°35'08" West, 9.35 feet; thence (2) North 02°52'02" West, 200.00 feet; thence (3) North 01°08'56" West, 200.08 feet; thence (4) North 01°43'17" West, 200.04 feet; thence (5) North 02°52'02" West, 100.00 feet; thence (6) North 02°17'29" West, 99.70 feet; thence (7) North 02°16'25" West, 100.00 feet; thence (8) North 01°07'39" West, 100.00 feet; thence (9) North 01°42'02" West, 300.00 feet; thence (10) North 02°16'25" West, 13.31 feet to the North line of said Southeast 1/4 of Section 11; thence North 89°18'31" East, along said North line, 30.32 feet to the POINT OF BEGINNING.
Said parcel contains 42,597.09 square feet, more or less.
P4013-TCE (Temporary Construction Easement)
A parcel of land being a portion of the parcel described in Official Records Book 13186, Pages 559 through 560, Public Records of Polk County, Florida, located in Sections 11 and 12, Township 29 South, Range 27 East, lying East of the maintained right-of-way for Lake Mabel Loop Road, as depicted in Map Book 8, Pages 161 through 168, Public Records of Polk County, Florida, being more particularly described as follows:
COMMENCE at the Northeast corner of the Southeast 1/4 of said Section 11; thence South 89°18'31" West, along the North line of said Southeast 1/4, a distance of 26.21 feet to the POINT OF BEGINNING; thence South 01°46'28" East, 688.87 feet; thence South 02°45'55" East, 633.80 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 12; thence South 89°21'46" West, along said South line and the South line of the Northeast 1/4 of the Southeast 1/4 of said Section 11, a distance of 5.00 feet; thence North 02°45'55" West, 633.66 feet; thence North 01°46'28" West, 689.01 feet to said North line of the Southeast 1/4 of Section 11; thence North 89°18'31" East, along said North line, 5.00 feet to the POINT OF BEGINNING.
Said parcel contains 6,613.68 square feet, more or less.
Petitioner’s rights in P4013-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.
P4014-PE (Permanent Easement)
A parcel of land being a portion of the parcel described in Official Records Book 13186, Pages 559 through 560, Public Records of Polk County, Florida, as located in Section 12, Township 29 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Southwest corner of the Southwest 1/4 of said Section 12; thence North 00°01'01" East, along the West line of said Southwest 1/4, a distance of 391.50 feet to the intersection with the East maintained right-of-way line of Lake Mabel Loop Road as depicted in Map Book 8, Pages 161 through 168, Public Records of Polk County, Florida for the POINT OF BEGINNING; thence continue North 00°01'01" East, along the West line of said Southwest 1/4 of Section 12, a distance of 887.85 feet; thence South 02°03'43" East, 490.84 feet; thence South 01°45'51" East, 534.95 feet; thence South 01°25'57" East, 214.95 feet to the North maintained right-of-way line of J L Massey Road as depicted in Map Book 10, Pages 4 through 7, Public Records of Polk County, Florida; thence North 53°44'32" West, along said North maintained right-of-way line, 47.15 feet to the intersection with said East maintained right-of-way line of Lake Mabel Loop Road; thence along said East maintained right-of-way line the following four (4) courses; thence (1) North 01°35'08" East, 119.44 feet; thence (2) North 00°13'50" East, 46.03 feet; thence (3) North 01°53'09" West, 100.00 feet; thence (4) North 01°53'09" West, 59.02 feet to the POINT OF BEGINNING.
Said parcel contains 24,660.93 square feet, more or less.
P4014-TCE (Temporary Construction Easement)
A parcel of land being a portion of the parcel described in Official Records Book 13186, Pages 559 through 560, Public Records of Polk County, Florida, located in Section 12, Township 29 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Southwest corner of the Southwest 1/4 of said Section 12; thence North 00°01'01" East, along the West line of said Southwest 1/4, a distance of 1279.35 feet to the POINT OF BEGINNING; thence continue North 00°01'01" East, along said West line, 42.79 feet to the North line of the Southwest 1/4 of said Southwest 1/4 of Section 12; thence South 89°26'41" East, along said North line, 3.45 feet; thence South 02°03'43" East, 533.46 feet; thence South 01°45'51" East, 534.98 feet; thence South 01°25'57" East, 218.83 feet to the North maintained right-of-way line of J L Massey Road as depicted in Map Book 10, Pages 4 through 7, Public Records of Polk County, Florida; thence North 53°44'32" West, along said North maintained right-of-way line, 6.32 feet; thence North 01°25'57" West, 214.95 feet; thence North 01°45'51" West, 534.95 feet; thence North 02°03'43" West, 490.84 feet to the POINT OF BEGINNING.
Said parcel contains 6,393.84 square feet, more or less.
Petitioner’s rights in P4014-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 16,23,2025 11661814