IN THE CIRCUIT COURT
OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
Case No. 53-2025CA-
00548111PABA
00548111PBBA
00548111TABA
00548111TBBA
Section: 08
Parcels:
3011-PE-A
3011-TCE-A
3011-PE-B
3011-TCE-B
THE POLK REGIONAL WATER COOPERATIVE, an Independent Special District created under the laws of the State of Florida,
Petitioner,
vs.
DUNDEE RESERVE HOLDINGS, LLC, a Delaware limited liability company; CFG BANK, a Maryland banking corporation; DUKE ENERGY FLORIDA, 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.
NOTICE TO SHOW CAUSE and NOTICE OF SUIT
STATE OF FLORIDA TO:
Dundee Reserve Holdings, LLC
c/o Prineet Sharma, Esq.
Sharma Eminent Domain Lawyers
3732 Winter Garden Vineland Rd.
Winter Garden, FL 34787
Parcels 3011-PE-A, 3011-TCE-A, 3011-PE-B, 3011-TCE-B
CFG Bank
c/o Registered Agent Solutions, Inc.
1200 South Pine Island Road
Plantation, FL 33324
Parcels 3011-PE-A, 3011-TCE-A, 3011-PE-B, 3011-TCE-B
Duke Energy Florida, LLC
c/o CT Corporation System
1200 South Pine Island Road
Plantation, FL 33324
Parcels 3011-PE-B, 3011-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 3011-PE-A, 3011-TCE-A, 3011-PE-B, 3011-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 March 3, 2026, 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 March 17, 2026, 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, Esq.
Jared S. Silver, Esq.
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 Feb. 16, 2026 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 9th day of January, 2026, in Polk County, Florida.
STACY M. BUTTERFIELD,
CLERK OF THE CIRCUIT COURT
BY: /s/ Clerk
Deputy Clerk (SEAL)
EXHIBIT A
P3011-PE-A (Permanent Easement)
A parcel of land being a portion of the parcel described in Official Records Book 12146, Pages 1840 through 1842, Public Records of Polk County, Florida, as located in Section 26, Township 28 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section 26; thence South 89°03'29" West, along the North line of said Northwest 1/4 of the Northeast 1/4, a distance of 9.05 feet to the intersection with the West maintained right-of-way line of H L Smith Road as depicted in Map Book 4, Pages 182 through 190, Public Records of Polk County, Florida for the POINT OF BEGINNING; thence along said West maintained right-of-way line the following six (6) courses; thence (1) South 01°42'33" East, 54.78 feet; thence (2) South 01°08'11" East, 100.00 feet; thence (3) South 01°08'11" East, 100.00 feet; thence (4) South 02°51'18" East, 100.02 feet; thence (5) South 03°25'39" East, 100.04 feet; thence (6) South 05°42'48" East, 42.19 feet to the intersection with the East line of said Northwest 1/4 of the Northeast 1/4; thence South 01°21'06" East, along said East line, 840.41 feet to the Southeast corner of said Northwest 1/4 of the Northeast 1/4; thence South 89°11'00" West, along the South line of said Northwest 1/4 of the Northeast 1/4, a distance of 45.00 feet; thence North 01°21'06" West, 50.00 feet; thence North 43°43'20" East, 30.76 feet; thence North 02°06'41" West, 1265.42 feet to the North line of said parcel; thence North 89°03'29" East, along said North line of parcel, 30.95 feet to the POINT OF BEGINNING. Said parcel contains 39,305.47 square feet, more or less.
P3011-TCE-A (Temporary Construction Easement)
A parcel of land being a portion of the parcel described in Official Records Book 12146, Pages 1840 through 1842, Public Records of Polk County, Florida, as located in Section 26, Township 28 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section 26; thence South 89°03'29" West, along the North line of said Northwest 1/4 of the Northeast 1/4, a distance of 9.05 feet to the intersection with the West maintained right-of-way line of H L Smith Road as depicted in Map Book 4, Pages 182 through 190, Public Records of Polk County, Florida; thence continue South 89°03'29" West, along said North line, 30.95 feet to the POINT OF BEGINNING; thence South 02°06'41" East, 1265.42 feet; thence South 43°43'20" West, 30.76 feet; thence South 01°21'06" East, 50.00 feet to a point lying South 89°11'00" West, 45.00 feet from the Southeast corner of said Northwest 1/4 of the Northeast 1/4; thence South 89°11'00" West, along the South line of said Northwest 1/4 of the Northeast 1/4, and the South line of said parcel, 5.00 feet; thence North 01°21'06" West, 52.03 feet; thence North 43°43'20" East, 30.72 feet; thence North 02°06'41" West, 1263.41 feet to the North line of said parcel; thence North 89°03'29" East, along said North line of parcel, 5.00 feet to the POINT OF BEGINNING. Said parcel contains 6,730.85 square feet, more or less.
Petitioner’s rights in P3011-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.
P3011-PE-B (Permanent Easement)
A parcel of land being a portion of a "Parcel 13" as described in Official Records Book 12146, Pages 1840 through 1842, Public Records of Polk County, Florida, located in Section 26, Township 28 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of said Section 26; thence South 89°11'00" West, along the North line of said Southwest 1/4 of the Northeast 1/4, a distance of 45.00 feet; thence South 01°21'06" East, 15.00 feet to the intersection with the South right-of-way line of Lake Marie Drive, as described in Official Records book 12146, pages 1840 through 1842, also being the North line of said "Parcel 13" and the POINT OF BEGINNING; thence North 89°11'00" East, along said South right-of-way line, 30.00 feet to the Northeast corner of said "Parcel 13"; thence South 01°21'06" East, along the West right-of-way line of H L Smith Road, as described in Official Records Book 12146, Pages 1840 through 1842, also being the East line of said "Parcel 13", a distance of 653.57 feet to the Southeast corner of said "Parcel 13"; thence South 89°14'44" West, along the South line of the North 1/2 of said Southwest 1/4 of the Northeast 1/4 of Section 26, a distance of 5.00 feet; thence North 01°21'06" West, parallel to the East line of said "Parcel 13", a distance of 598.04 feet; thence North 34°51'39" West, 45.28 feet; thence North 01°21'06" West, 18.00 feet to the POINT OF BEGINNING. Said parcel contains 4,186.87 square feet, more or less.
P3011-TCE-B (Temporary Construction Easement)
A parcel of land being a portion of "Parcel 13" as described in Official Records Book 12146, Pages 1840 through 1842, Public Records of Polk County, Florida, located in Section 26, Township 28 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of said Section 26; thence South 89°11'00" West, along the North line of said Southwest 1/4 of the Northeast 1/4, a distance of 45.00 feet; thence South 01°21'06" East, 15.00 feet to the intersection with the South line of Lake Marie Drive, as recorded in Official Records Book 12146, Pages 1840 through 1842, also being North line of said "Parcel 13" for the POINT OF BEGINNING; thence continue South 01°21'06" East, 18.00 feet; thence South 34°51'39" East, 45.28 feet; thence South 01°21'06" East, 598.04 feet to the South line of the North 1/2 of the Southwest ¼ of the Northeast 1/4, also being the South line of said "Parcel 13"; thence South 89°14'44" West, along said South line, 5.00 feet; thence North 01°21'06" West, 596.48 feet; thence North 34°51'39" West, 45.28 feet; thence North 01°21'06" West, 19.55 feet to said South right-of-way line of Lake Marie Drive; thence North 89°11'00" East, along said South right-of-way line, 5.00 feet to the POINT OF BEGINNING. Said parcel contains 3,306.59 square feet, more or less.
Petitioner’s rights in P3011-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.
1/16, 1/23/26 #11998171