IN THE CIRCUIT COURT
OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
Case No. 53-2025CA-
00409713PEBA
00409713TABA
00409713TBBA
Section: 08
Parcels:
10013-PE
10013-TCE-A
10013-TCE-B
THE POLK REGIONAL WATER COOPERATIVE, an Independent Special District created under the laws of the State of Florida,
Petitioner,
vs.
PCGP, LLC, a Florida Limited Company; DUKE ENERGY FLORIDA, LLC, a Florida limited liability Company, f/k/a Duke Energy Florida, Inc., f/k/a Florida Power Corporation, a Florida corporation; THE BANK OF NEW YORK MELLON, f/k/a The Bank of New York, a New York Banking corporation,Trustee; JOE G. TEDDER, POLK COUNTY TAX COLLECTOR; and any and all other persons having 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.
NOTICE TO SHOW CAUSE and NOTICE OF SUIT
STATE OF FLORIDA TO:
Duke Energy Florida, LLC
c/o Fred S. Werdine, Esq.
Shutts & Bowen, LLP
4301 West Boy Scout Blvd., Suite 300
Tampa, FL 33607
Parcels 10013-PE, 10013-TCE-A, 10013-TCE-B
The Bank of New York Mellon
c/o Robin Vince, CEO
240 Greenwich Street
New York, NY 10286
Parcels 10013-PE, 10013-TCE-A, 10013-TCE-B
Joe G. Tedder, Polk County Tax Collector
c/o Joe G. Tedder or his designee
430 East Main Street
Bartow, Florida 33830
Parcels 10013-PE, 10013-TCE-A, 10013-TCE-B
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 December 9, 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
Jared S. Silver
Policastro Law Group
1700 N. McMullen Booth Road, Suite C5
Clearwater, Florida 33759
T: 727.475.1988
tony@policastrolaw.com
jared@policastrolaw.com
eric@policastrolaw.com
on or before 11/17/2025 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 29th day of August, 2025, in Polk County, Florida.
STACY M. BUTTERFIELD,
CLERK OF THE CIRCUIT COURT
BY: /s/ A.Nieves
Deputy Clerk (SEAL)
EXHIBIT A
P10013-PE (Permanent Easement)
A parcel of land being a portion of Parcel "B" as described in Official Records Book 707, Pages 580 through 583, Public Records of Polk County, Florida, located in Section 36, Township 29 South, Range 26 East, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northwest 1/4 of said Section 36,said point lying South 89°35'38" West, 75.32 feet from the Northeast corner of said Parcel "B"; thence South 00°04'29" East, along the West line of the Northwest 1/4 of said Section
36, a distance of 191.13 feet to the intersection with the West line of said Parcel "B"; thence South 36°50'42" East, along the West line of said Parcel "B", 50.00 feet to the POINT OF BEGINNING; thence North 53°09'18" East, 175.00 feet to the East line of said
Parcel "B"; thence South 36°50'42" East, along said East line, 20.00 feet; thence South 53°09'18" West, 175.00 feet to said West line of Parcel "B"; thence North 36°50'42" West, along said West line, 20.00 feet to the POINT OF BEGINNING. Said parcel containing 3,500.00 square feet, more or less.
P10013-TCE-A (Temporary Construction Easement)
A parcel of land being a portion of Parcel "B" as described in Official Records Book 707, Pages 580 through 583, Public Records of Polk County, Florida, located in Section 36, Township 29 South, Range 26 East, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northwest 1/4 of said Section 36 said point lying South 89°35'38" West, 75.32 feet from the Northeast corner of said Parcel "B"; thence South 00°04'29" East, along the West line of the Northwest 1/4 of said Section
36, a distance of 191.13 feet; thence South 36°50'42" East, along the West line of said Parcel "B", 30.00 feet to the POINT OF BEGINNING; thence North 53°09'18" East, 175.00 feet to the East line of said Parcel "B"; thence South 36°50'42" East, along said East line, 20.00 feet; thence South 53°09'18" West, 175.00 feet to the West line of said Parcel "B"; thence North 36°50'42" West, along said West line, 20.00 feet to the POINT OF BEGINNING. Said parcel containing 3,500.00 square feet, more or less.
Petitioner’s rights in P10013-TCE-A shall expire upon the completion of construction within this Easement or sixty (60) months from the date the Easement is established, whichever occurs sooner.
P10013-TCE-B (Temporary Construction Easement)
A parcel of land being a portion of Parcel "B" as described in Official Records Book 707, Pages 580 through 583, Public Records of Polk County, Florida, located in Section 36, Township 29 South, Range 26 East, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northwest 1/4 of said Section 36, said point lying South 89°35'38" West, 75.32 feet from the Northeast corner of said Parcel "B"; thence South 00°04'29" East, along the West line of the Northwest 1/4 of said Section
36, a distance of 191.13 feet to the West line of said Parcel "B"; thence South 36°50'42" East, along said West line, 70.00 feet; thence North 53°09'18" East, 125.00 feet to the POINT OF BEGINNING; thence continue North 53°09'18" East, 50.00 feet to the East line of said Parcel "B"; thence South 36°50'42" East, along said East line, 5.00 feet; thence South 53°09'18" West, 50.00 feet; thence North 36°50'42" West, 5.00 feet to the POINT OF BEGINNING. Said parcel containing 250.00 square feet, more or less.
Petitioner’s rights in P10013-TCE-B shall expire upon the completion of construction within this Easement or sixty (60) months from the date the Easement is established, whichever occurs sooner.
10/16, 10/23/25 #11753374