IN THE CIRCUIT COURT
OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
Case No. 53-2026CA-
00258295PEBA
00258295TCBA
3095-PE
3095-TCE
THE POLK REGIONAL WATER COOPERATIVE,
an Independent Special District created under the laws of the State of Florida,
Petitioner,
vs.
KB HOME ORLANDO, LLC,
a Delaware 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:
KB Home Orlando, LLC
c/o Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301-2525
Parcels 3095-PE, 3095-TCE
Joe G. Tedder, Polk County Tax Collector
c/o Joe G. Tedder or his designee
430 East Main Street
Bartow, Florida 33830
Parcels 3095-PE, 3095-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 July 21, 2026, at 9:00 a.m. before the Honorable Keith P. Spoto, at the Polk County Courthouse Hearing Room 5A-2, Fifth Floor, Red Side, 255 North Broadway, Bartow, Florida, 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 August 4, 2026, at 1:30 p.m., before the Honorable Keith P. Spoto, at the Polk County Courthouse Hearing Room 5A-2, Fifth Floor, Red Side, 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
joseph@policastrolaw.com
on or before ____, 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 __day of ___2026, in Polk County, Florida.
STACY M. BUTTERFIELD,
CLERK OF THE CIRCUIT COURT
BY: __ ___________
Deputy Clerk (SEAL)
EXHIBIT A
P3095-PE (Permanent Easement)
A parcel of land being a portion of the parcel described in Official Records Book 13638, Pages 1787 through 1791, Public Records of Polk County, Florida, as located in Section 35, Township 28 South, Range 27 East, being more particularly described as follows:
BEGIN at the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 35; thence North 00°15'42" East, along the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 35; a distance of 35.00 feet; thence North 89°23'56" East, parallel to the South line of said Southeast 1/4 of the Northeast 1/4; a distance of 622.18 feet to the intersection with the East line of said parcel as described in said Official Records Book 13638, Pages 1787 through 1791; thence South 00°30'16" East, along said East line, 35.00 feet to the intersection with said South line of said Southeast 1/4 of the Northeast 1/4; thence South 89°23'56" West, along said South line, 622.65 feet to the POINT OF BEGINNING. Said parcel contains 21,784.61 square feet, more or less.
P3095-TCE (Temporary Construction Easement)
A parcel of land being a portion of the parcel described in Official Records Book 13638, Pages 1787 through 1791, Public Records of Polk County, Florida, as located in Section 35, Township 28 South, Range 27 East, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 35; thence North 00°15'42" East, along the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 35; a distance of 35.00 feet to the POINT OF BEGINNING; thence continue North 00°15'42" East, along said West line, 5.00 feet; thence North 89°23'56" East, parallel to the South line of said Southeast 1/4 of the Northeast 1/4; a distance of 590.82 feet to the intersection with the East line of said parcel described in Official Records Book 13638, Pages 1787 through 1791 Public Records of Polk County, Florida; thence South 00°21'58" East, along said East line, 3.03 feet; thence North 89°24'17" East, along the South line of said parcel described in Official Records Book 13638, Pages 1787 through 1791, a distance of 31.30 feet to the intersection with the East line of the said parcel as described in said Official Records Book 13638, Pages 1787 through 1791; thence South 00°30'16" East, along said East line, 1.97 feet; thence South 89°23'56" West, parallel to the South line of said Southeast 1/4 of the Northeast 1/4, a distance of 622.18 feet to the POINT OF BEGINNING. Said parcel contains 3,015.96 square feet, more or less.
Petitioner’s rights in P3095-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
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