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Filing # 156807273 E-Filed 09/06/2022 12:20:18 PM
IN” THE CIRCUIT COURT OF TH) Tk DICLAL
CIRCUIT, IN AND FOR POLK COU ry ORIDA
CIVIL DIVISION
IN RE: ONE PARC OF REAL PROPERT 3 ATED
ATOR ABO SW. AAXNWELLST L
POLK COUNTY, FLORIDA
ADVANCED PROPERTY OF LAKE AND, LEC.
A Florida Limited Liability Company
Petitioner,
CASE NO
TATE OP KURT HDA DE
TH OWN HEIRS, DE VISEES OE
ASSIGNS OF KURT H. D. EL, T VKNOWN HEIRS.
DEVISEES YD/OR ASSIGNS OF THE OF KURT
H. DANIEL, D! AN SED,
Respondents
PETITION TOOL TITLE. FOR D 4 RATORY JUDG NTLAND POR OTHER RELIEF
The Petition: dvanced Property of Lakeland, LLC, a Florida Liniited Liability Company
by and through its undersigned counsel, seeks to quiet title, a declaratory judgment, and other relief
regarding a parcel of real property situated at or about 525 W. Maxwell St, Lakeland, Polk County.
Florida, and states the following:
1 This is. a peiition to quiet ‘or declaratory judgment, and for other relief regarding
a certain parcel of real property situated ai or about $25 W. Maxwell St, Lakeland, Polk County
Florida. This Court has jurisdiction
2 fhe property subject to these proceedings is a single family residence, land, and other
fixtares and accessories, situated in Polk County, Florida. The legal description of the property
subject to these proceedings is as follows:
Lot 13, Black “B”, Replat of Camphor Heights, Lakeland, Morida, according to the
2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM
map or plat thereof, recorded in Plat Book 34, Page 34, Public Records of Polk
County, Florida.
Parcel ID # 232825-125700-002130
The physical address of the property is believed to be 525 W. Maxwell St., Lakeland,
FL 33803.
(‘the subject property”).
3 On or about May 11, 2015, the Petitioner filed a claim for adverse possession without
color of title with the Property Appraiser in and for Polk County, Florida, regarding the subject
parcel. Contemporaneous with, or subsequent to filing the claim for adverse possession, the
Petitioner committed the following acts:
A. Paid, subject to Section 197.3335 of the Florida Statutes, all outstanding taxes and
matured installments of special improvement liens levied against the property by the state, county,
and municipality within 1 year after entering into possession;
B Made a return, in the manner and form as required under 95.18(3) of the Florida
Statutes, of the property by proper legal description to the property appraiser of the county where it
is located within 30 days after complying with Section 95.18(1)(a) of the Florida Statutes;
Cc. Has subsequently paid, subject to Section 197.3335 of the Florida Statutes, all taxes
and matured installments of special improvement liens levied against the property by the state,
county, and municipality for all years necessary to establish a claim of adverse possession.
Proof of compliance with these directives is either attached as an exhibit to this petition, or will be
filed at a later date after this petition is filed.
4. During the period of adverse possession, the subject property has been either
A. Protected by substantial enclosure; or
B Cultivated, maintained, or improved in a usual manner; or
Cc Both (A) and (B) above.
4 Inresponse to the adverse possession application filed by the Petitioner, the Property
Appraiser complied with the terms and conditions described in Section 95.18(3)-(8), inclusive.
5 The possession described in Paragraph 3 above has been open, continuous, and actual;
2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM
and notorious and hostile to the owner or owners of record, as well as any and all others who would
challenge such possession; adverse, exclusive of any other right, and without permission of the
owner or owners of record.
6. The Petitioner asserts that it has met all legal requirements for adverse possession
without color of title under law and that there remain no unfulfilled terms, conditions, or conditions
precedent.
7 It is believed that title is currently vested in Kurt H. Daniel and Elsa Helen Daniel,
by virtue of a warranty deed recorded in OR Book 1083, Page 223, Public Records of Polk County,
Florida. A copy of this deed is attached as an exhibit to this petition. This deed provided that Mr.
and Ms. Daniel took as joint tenants with full rights of survivorship. It is believed, based upon an
Accurint search performed on Elsa Helen Daniel, that she died in Polk County, Florida on or about
May 20, 1998. This would leave title vesting in Kurt H. Daniel as a matter of law. Based upon an
Accurint search performed on Kurt H. Daniel, Mr. Daniel passed away in Polk County, Florida, on
February 11, 2013. Presently, it is believed that Mr. Daniel’s estate is unadministered in any
jurisdiction. This would leave vesting of the subject property to Respondents, THE ESTATE OF
KURT H. DANIEL, DECEASED, THE UNKNOWN HEIRS, DEVISEES AND/OR ASSIGNS OF
KURT H. DANIEL, THE UNKNOWN HEIRS, DEVISEES AND/OR ASSIGNS OF THE ESTATE
OF KURT H. DANIEL, DECEASED.
8 The Petitioner is in doubt as to its current title status as to the subject property. The
Petitioner would assert that, due to its compliance with Section 95.18 of the Florida Statutes, and
applicable common law on the subject, that it has perfected adverse possession without color of title
as to the subject property. As a result, the claims of all Respondents, individually and collectively,
are junior and inferior to the claim of the Petitioner in this matter.
9. The Petitioner seeks a declaratory judgment declaring the Petitioner to be the fee
simple owner of the subject property, subject to any liens or encumbrances not imposed or in favor
of any or all of the Respondents. The Petitioner further seeks a quiet title in its favor and against all
Respondents as to the subject property.
WHEREFORE, the Petitioner, Advanced Property of Lakeland, LLC, a Florida Limited
Liability Company, by and through its undersigned counsel, respectfully demands judgment in its
favor and against all Respondents; for an order declaring Respondent to be the fee simple owner of
2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM
the subject property and to extinguish the claims of all Respondents as ic the subject property; for
Judgment quieting title in faver ofthe Petitioner and against all Respondents; for the Treqnested
elsewhere in this petition; and for such other relief as the Court deems equii a ble under the
cireumstances.
S/9
Bs
Gy Ack
Dated
Christopher A. Desrochers
Christopher A. Desrochers, P.L.
2504 Ave. GNW
Winter Haven, FL 33880
{863} 299-8309
Fla. Bar #0948977
Designated Email Address: Sa
cadlawtirr
eWIE ROcimall
Oa cons
LORY
Counsel for Petitioner.
2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM
Preview
Filing # 156807273 E-Filed 09/06/2022 12:20:18 PM IN” THE CIRCUIT COURT OF TH) Tk DICLAL CIRCUIT, IN AND FOR POLK COU ry ORIDA CIVIL DIVISION IN RE: ONE PARC OF REAL PROPERT 3 ATED ATOR ABO SW. AAXNWELLST L POLK COUNTY, FLORIDA ADVANCED PROPERTY OF LAKE AND, LEC. A Florida Limited Liability Company Petitioner, CASE NO TATE OP KURT HDA DE TH OWN HEIRS, DE VISEES OE ASSIGNS OF KURT H. D. EL, T VKNOWN HEIRS. DEVISEES YD/OR ASSIGNS OF THE OF KURT H. DANIEL, D! AN SED, Respondents PETITION TOOL TITLE. FOR D 4 RATORY JUDG NTLAND POR OTHER RELIEF The Petition: dvanced Property of Lakeland, LLC, a Florida Liniited Liability Company by and through its undersigned counsel, seeks to quiet title, a declaratory judgment, and other relief regarding a parcel of real property situated at or about 525 W. Maxwell St, Lakeland, Polk County. Florida, and states the following: 1 This is. a peiition to quiet ‘or declaratory judgment, and for other relief regarding a certain parcel of real property situated ai or about $25 W. Maxwell St, Lakeland, Polk County Florida. This Court has jurisdiction 2 fhe property subject to these proceedings is a single family residence, land, and other fixtares and accessories, situated in Polk County, Florida. The legal description of the property subject to these proceedings is as follows: Lot 13, Black “B”, Replat of Camphor Heights, Lakeland, Morida, according to the 2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM map or plat thereof, recorded in Plat Book 34, Page 34, Public Records of Polk County, Florida. Parcel ID # 232825-125700-002130 The physical address of the property is believed to be 525 W. Maxwell St., Lakeland, FL 33803. (‘the subject property”). 3 On or about May 11, 2015, the Petitioner filed a claim for adverse possession without color of title with the Property Appraiser in and for Polk County, Florida, regarding the subject parcel. Contemporaneous with, or subsequent to filing the claim for adverse possession, the Petitioner committed the following acts: A. Paid, subject to Section 197.3335 of the Florida Statutes, all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality within 1 year after entering into possession; B Made a return, in the manner and form as required under 95.18(3) of the Florida Statutes, of the property by proper legal description to the property appraiser of the county where it is located within 30 days after complying with Section 95.18(1)(a) of the Florida Statutes; Cc. Has subsequently paid, subject to Section 197.3335 of the Florida Statutes, all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality for all years necessary to establish a claim of adverse possession. Proof of compliance with these directives is either attached as an exhibit to this petition, or will be filed at a later date after this petition is filed. 4. During the period of adverse possession, the subject property has been either A. Protected by substantial enclosure; or B Cultivated, maintained, or improved in a usual manner; or Cc Both (A) and (B) above. 4 Inresponse to the adverse possession application filed by the Petitioner, the Property Appraiser complied with the terms and conditions described in Section 95.18(3)-(8), inclusive. 5 The possession described in Paragraph 3 above has been open, continuous, and actual; 2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM and notorious and hostile to the owner or owners of record, as well as any and all others who would challenge such possession; adverse, exclusive of any other right, and without permission of the owner or owners of record. 6. The Petitioner asserts that it has met all legal requirements for adverse possession without color of title under law and that there remain no unfulfilled terms, conditions, or conditions precedent. 7 It is believed that title is currently vested in Kurt H. Daniel and Elsa Helen Daniel, by virtue of a warranty deed recorded in OR Book 1083, Page 223, Public Records of Polk County, Florida. A copy of this deed is attached as an exhibit to this petition. This deed provided that Mr. and Ms. Daniel took as joint tenants with full rights of survivorship. It is believed, based upon an Accurint search performed on Elsa Helen Daniel, that she died in Polk County, Florida on or about May 20, 1998. This would leave title vesting in Kurt H. Daniel as a matter of law. Based upon an Accurint search performed on Kurt H. Daniel, Mr. Daniel passed away in Polk County, Florida, on February 11, 2013. Presently, it is believed that Mr. Daniel’s estate is unadministered in any jurisdiction. This would leave vesting of the subject property to Respondents, THE ESTATE OF KURT H. DANIEL, DECEASED, THE UNKNOWN HEIRS, DEVISEES AND/OR ASSIGNS OF KURT H. DANIEL, THE UNKNOWN HEIRS, DEVISEES AND/OR ASSIGNS OF THE ESTATE OF KURT H. DANIEL, DECEASED. 8 The Petitioner is in doubt as to its current title status as to the subject property. The Petitioner would assert that, due to its compliance with Section 95.18 of the Florida Statutes, and applicable common law on the subject, that it has perfected adverse possession without color of title as to the subject property. As a result, the claims of all Respondents, individually and collectively, are junior and inferior to the claim of the Petitioner in this matter. 9. The Petitioner seeks a declaratory judgment declaring the Petitioner to be the fee simple owner of the subject property, subject to any liens or encumbrances not imposed or in favor of any or all of the Respondents. The Petitioner further seeks a quiet title in its favor and against all Respondents as to the subject property. WHEREFORE, the Petitioner, Advanced Property of Lakeland, LLC, a Florida Limited Liability Company, by and through its undersigned counsel, respectfully demands judgment in its favor and against all Respondents; for an order declaring Respondent to be the fee simple owner of 2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM the subject property and to extinguish the claims of all Respondents as ic the subject property; for Judgment quieting title in faver ofthe Petitioner and against all Respondents; for the Treqnested elsewhere in this petition; and for such other relief as the Court deems equii a ble under the cireumstances. S/9 Bs Gy Ack Dated Christopher A. Desrochers Christopher A. Desrochers, P.L. 2504 Ave. GNW Winter Haven, FL 33880 {863} 299-8309 Fla. Bar #0948977 Designated Email Address: Sa cadlawtirr eWIE ROcimall Oa cons LORY Counsel for Petitioner. 2022CA-003061-0000-00 Received in Polk 09/06/2022 12:58 PM