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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR_LEE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 08-CA-17605
fos
MATLACHA/PINE ISLAND FIRE
CONTROL DISTRICT,
JUDGE JOSEPH C. FULLER
Petitioner Parcels A and B s m
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— AM
Som
Fo
BW 90
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oh:
40
MARK A. SISSONS, CONSTANCE M.
SISSONS, AND LEE COUNTY TAX
COLLECTOR,
Respondents.
/
PETITION IN EMINENT DOMAIN
Petitioner, MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, by its
undersigned attorney, sues each Respondent set forth in Schedule A attached hereto
including all unknown persons having an interest in the property to be acquired and further
alleges:
This is an action in eminent domain to condemn certain property lying
1
within Lee County, Florida over which the Court has jurisdiction in accordance with Article
5 of the Florida Constitution and Section 73.021 and Section 26.012, Florida Statutes..
Petitioner is a Fire Control District authorized to exercise the power of
2.
eminent domain by Chapters 73 and 74 and Section 191.006(12), Florida Statutes and all
other statutory or common law which may grant to the Petitioner the power to institute and
proceed with acquiring property pursuant to the exercise of the power of eminent domain,
and by resolution duly adopted, a copy of which is attached as Exhibit 1 to the Petition in
Eminent Domain. Petitioner has authorized the use of this power to acquire the property
described in Schedule B.3. The property is being acquired for the construction of a fire station and is
more fully set forth in the resolution attached as Exhibit 1 to the Petition in Eminent
Domain, and is necessary for that use.
4. The property sought to be acquired by the Petitioner is located in Lee
County, Florida and descriptions identifying such property is set forth in Schedule B and is
incorporated herein by reference.
5. The estate or interest in the property that Petitioner intends to acquire is fee
simple interest, subject to existing easements.
6. Petitioner has made diligent search and inquiry to discover the names,
residences, and legal disabilities, if any, and interests in the property of all owners, lessees,
mortgagees, judgment creditors, lienholders, executors, administrators, trustees, persons in
possession and of all persons having or claiming to have any interest in the property, and
those facts as are know to the Petitioner are particularly set forth in Schedule A attached
hereto and made a part hereof.
7. The ages of all the natural Respondents named in this action are unknown to
the Petitioner.
8. Petitioner has heretofore adopted an appropriate Resolution, a copy of which
is attached hereto as Exhibit 1 and is incorporated herein by reference, and determined the
necessity of acquiring the property described in Schedule B.
9. Petitioner has surveyed and located its line or area of construction, and
intends in good faith to construct on, over and under the property in Schedule B.
10. Petitioner is authorized to take possession and title in advance of the entry of
a final judgment in eminent domain and its Declaration of Taking is attached as Exhibit 2,and is incorporated herein by reference.
11. Before initiating this action, Petitioner has notified the fee owners of their
statutory rights in compliance with the notice procedures as required by Section 73.0511,
Florida Statutes and has complied with the requirements set forth in Section 73.015, Florida
Statutes.
12, All conditions precedent have been complied with or have been waived prior
to filing this action.
13. There are no mobile homes located on the property to be acquired.
‘WHEREFORE, Petitioner demands as follows:
1. That the property described in Schedule B be condemned and taken for the
uses and purposes set forth above, and that the interests sought be vested in Petitioner.
2. Trial by jury be held on all matters triable as a matter of right by a jury.
3. The jury be required to view the property.
4. Petitioner be granted possession and title in advance of final judgment under
Chapter 74, Florida Statutes.
Dated: 7 | it , 2008.
L
Kennet Jones, Esq?
Florid: No. 0200158
Attorngy for Petitioner
Roetzfl & Andress
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 338-4206
270805.100885.0005Schedule A
Matlacha/Pine Island Fire Control District v. Sissons, et al.
Case No. 08-CA-17605
SERVICE LIST PARCELS A AND B
Mark A. Sissons
11971 Pompano Avenue
Cape Coral, FL 33991
Constance M. Sissons
11971 Pompano Avenue
Cape Coral, FL 33991
Lee County Tax Collector
c/o Legal Dept.
P.O. Box 850
Fort Myers, FL 33902
270844.100885.0005MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT
RESOLUTION NO. Z9O8= 63
A RESOLUTION AUTHORIZING THE MATLACHA/PINE ISLAND FIRE
CONTROL DISTRICT’S ACQUISITION, BY GIFT, PURCHASE OR EMINENT
DOMAIN, OF A FEE INTEREST OF PROPERTY DESCRIBED HEREIN FOR THE
CONSTRUCTION OF A FIRE STATION; AUTHORIZING THE MATLACHA/PINE
ISLAND FIRE CONTROL DISTRICT’S EXERCISE OF THE POWER OF EMINENT
DOMAIN TO CONDEMN REAL PROPERTY FOR PUBLIC USE OR PURPOSE;
DETERMINING THAT IT IS NECESSARY TO PERFORM A PUBLIC PROJECT
BY CONSTRUCTING A FIRE STATION WITHIN THE DESCRIBED PROPERTY;
SETTING FORTH THE PUBLIC PURPOSE AND PUBLIC NECESSITY OF SUCH
PROJECT; DESCRIBING BOUNDARIES OF THE PROJECT; DETERMINING
THAT THE ACQUISITION OF SUCH PROPERTY IS FOR A PUBLIC PURPOSE
AND IS NECESSARY TO ACCOMPLISH THAT PURPOSE; AUTHORIZING AND
DIRECTING APPROPRIATE STAFF TO COMMENCE GOOD FAITH PRE-
LITIGATION NEGOTIATION PROCESSES; AUTHORIZING LEGAL COUNSEL
TO INSTITUTE CONDEMNATION PROCEEDINGS FOR PROPERTIES THAT
CANNOT BE PURCHASED THROUGH PRE-LITIGATION NEGOTIATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Matlacha/Pine Island Fire Control District (hereinafter “District) is
engaged in a project to construct a new fire station; and
WHEREAS, the District, after having considered and evaluated the merits of the
project, the availability of alternative sites, the cost of the project, environmental factors
associated with the project, long-range area planning, and safety factors of the project, has
deemed it in the best interests of the District and its citizens to acquire the private property as
described herein for the project by gift, purchase or eminent domain (condemnation); and
WHEREAS, as part of pre-litigation negotiations, the District may take reasonable
steps to acquire such private property by gift or purchase and that the Matlacha/Pine Island
Fire Control District Board of Commissioners is willing, and hereby evidences its intent, to
exercise the District’s power of eminent domain to acquire such private property for the
public purpose and use described herein; andWHEREAS, the Matlacha/Pine Island Fire Control District Board of Commissioners
has determined that condemnation of such private property is necessary for such public use or
purpose; and
NOW, THEREFORE, BE IT RESOLVED by the Matlacha/Pine Island Fire Control
District Board of Commissioners:
Section 1.
Findings.
The Matlacha/Pine Island Fire Control District Board of Commissioners hereby finds
as follows:
It is necessary for the public health, safety and welfare to perform and
construct a public project known as Matlacha Station 4, (which may
hereinafter be referred to as the “Project”), a portion of which will be
located upon and necessitate acquisition of the real property described
in Exhibit “A”.
The District hereby declares that the Project is for the public purposes
of safety, health and welfare of the citizens within the boundaries of the
Matlacha/Pine Island Fire Control District and other persons benefiting
from the Project, and to further enhance the health, safety and welfare
of the citizens and residents of the District as a whole, and that of
visitors to the District.
The Plan for the Project is described and/or depicted in documentation
on file with the District, and is incorporated herein by reference. The
said Project is a public purpose.d. The acquisition of the property described below for the Project is for a
public purpose and such property is necessary to accomplish the public
purpose.
e. The District has located its line or area of construction (ie., the “Project
Area”), and intends in good faith to construct the Project, including the
improvements described or referred to herein on, over or within the
described property.
f. The property to be acquired for the Project is located within Lee
County, Florida, and is more fully described in Exhibit “A”, a copy of
which is attached hereto and incorporated herein by this reference.
g The District intends to acquire a fee interest in the property described in
Exhibit “A”.
h. That the project will provide increased fire protection services within
the boundaries of the district.
i. No mobile home is located on the property sought to be acquired.
Section 2. Authority and Estate.
In accordance with and by virtue of the authority granted to the District by
Article 10, Sec. 6 of the Florida Constitution and by Chapters 73 and 74, Florida
Statutes and Section 191.006(12), Florida Statutes, and all other statutory or common
law which may grant to the District the power to institute and proceed with acquiring
property under the exercise of the power of eminent domain, the Matlacha/ Pine Island
Fire Control District Board of Commissioners hereby exercises its power of eminent
domain and authorizes and directs the District Attorney or designee to issue thenecessary pre-litigation notice and to perform all necessary conditions precedent to
institution eminent domain proceedings, to enter into the required good faith pre-
litigation negotiation process, to commence and prosecute any and all proceedings,
including condemnation proceedings, necessary to acquire the property described in
Exhibit “A”, in the form of fee interest for the above described public use or purpose,
to provide a good faith estimate of value, to provide a declaration of taking in
accordance with Chapter 74, Florida Statutes and to seek an order of taking as soon as
practicable.
Section 3. Effective Date.
This Resolution shall take effect immediately upon adoption.
DULY PASSED AND ENACTED by the Matlacha/Pine Island Fire Control District
Board of Commissioners this 2s day of May » 2008.
q
AUTHENTICATION:
Guha SL KM wE
AR. ee faz}
APPROVED AS TO FORM: / Sfarfo¥
Yes
Yes
Nes
Nes
es
Vote of Board Members:
Peckinpaugh
Elder
Cole
Cammick
Cox
Date filed with Clerk:
268008.100885.0005"mo14- Match oe sr CFPOADNg 014 Seth and Ce conden deg, 5/2/2000 3:21:30 PH, itt
North Line of Section19___g
_Pine Island Road__
5 89°50'38" E
N 89°50'38" W_ 280.18"
(83 Right of Way)
(Bearing Basis)
T_NORTH 17 OF LoTs23,84__|
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1 Lot 39
DESCRIPTION:
PARCEL "A"
LOTS 2, 3, AND 4, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK 9, PAGE 89,
PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS THE NORTHERLY 17 FEET THEREOF.
CONTAING 0.59 ACRE, MORE OR LESS,
‘SUBJECT TO AN ARTESIAN WELL EASEMENT OVER AND ACROSS THE NORTH 3.00 FEET
OF THE EAST 10.00 FEET. SUBJECT TO A LEE COUNTY UTILITY EASEMENT OVER AND
ACROSS THE WEST 6.00 FEET OF SAID LOT 2, AS DESCRIBED IN OFFICIAL RECORD BOOK
4405, PAGE 4408 OF THE SAID PUBLIC RECORDS.
SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND ACROSS THE SOUTH
5.00 FEET THEREOF.
DESCRIPTION:
PARCEL "B"
LOT 42, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK
9, PAGE 89, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
CONTAINING 0.16 ACRE, MORE OR LESS.
SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND
ACROSS THE NORTH 5.00 FEET AND THE EAST 5.00 FEET THEREOF.
SURVEYORS NOTES:
DESCRIPTION SHOWN HEREON IS NEW.
ORIENTATION IS BASED ON THE NORTH LINE OF SECTION 19, BEING
ASSUMED AT S.89°50'38"E,
CERTIFICATE OF AUTHORIZATION LICENSE BUSINESS NO. 6891,
UNLESS IT BEARS THE ORIGINAL RAISED SEAL AND SIGNATURE OF
AFLORIDA PROFESSIONAL SURVEYOR AND MAPPER, THIS MAP IS
NOT VALID.
THIS IS NOT A SURVEY!
0 30
ss
SCALE OF FEET
4260!
LEGEND
SEC. = SECTION
Twe.= = TOWNSHIP
RNG. = RANGE
Ok = OFMTAL RECORD
Py
PAGE
LCEC = LEE COUNTY ELECTRIC COOPERATIVE
PUE = PUBLIC UTILITY EASEMENT
PREPARED BY:
MARK A. HATFIELD P.S.M. DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 4155
gota DESCRIPTION DRAWING
cxtcxepay | onamer | TWO PARCELS OF LAND IN SECTION
BMH. 19, T. 44 S., R. 23 E., LEE COUNTY,
FLORIDA,
FOR
MATLACHA FIRE DISTRICT
ENGINEERS+ PLANNERS +SURVEYORS
‘2214 Clevdand Averue» Fat Myers, lida 33901» (239) $872005- (FAX) 337-20 i
EXHIBITNOHOI4-Motacha Fe Dre CFPO\Dng\014 Seth and Des cemented 42006 1:42:39 AM mbt,
Schedule B
| _ — — SWiK
eu DESCRIPTION DRAWING
. . North Line of Section 19 Pine Island Road $ 89°5038"E
€— -“ (es Night ot Way} ~ ese -
N 89°50'38" W 260.18" 8
1
3 7 T -
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25} —25-453 alls I | sg
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| i Gopiw | PARCEL "A" | wl
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DESCRIPTION:
PARCEL "A"
LOTS 2, 3, AND 4, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK 9, PAGE 89,
PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS THE NORTHERLY 17 FEET THEREOF. wpe
CONTAING 25,837 SQUARE FEET, MORE OR LESS.
SUBJECT TO AN ARTESIAN WELL EASEMENT OVER AND ACROSS THE NORTH 3.00 FEET
OF THE EAST 10.00 FEET. SUBJECT TO A LEE COUNTY UTILITY EASEMENT OVER AND
ACROSS THE WEST 6.00 FEET OF SAID LOT 2, AS DESCRIBED IN OFFICIAL RECORD BOOK
4405, PAGE 4408 OF THE SAID PUBLIC RECORDS. 0 30
SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND ACROSS THE SOUTH ss
5.00 FEET THEREOF. SCALE OF FEET
DESCRIPTION: ween
PARCEL "B" LEGEND
LOT 42, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK iS SECTION
9, PAGE 89, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. RNG. RANGE
CONTAINING 7,002 SQUARE FEET, MORE OR LESS. Or
SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND.
PG.
ACROSS THE NORTH 5.00 FEET AND THE EAST 5.00 FEET THEREOF. LEC = LES COUNTY ELECTRIC COOPERATIVE
PUE = PUBLIC UTILITY EASEMENT
SURVEYORS NOTES:
DESCRIPTION SHOWN HEREON IS NEW.
ORIENTATION IS BASED ON THE NORTH LINE OF SECTION 19, BEING
ASSUMED AT S.89°50'38"E. PREPARED BY:
CERTIFICATE OF AUTHORIZATION LICENSE BUSINESS NO. 6891.
UNLESS IT BEARS THE ORIGINAL RAISED SEAL AND SIGNATURE OF
AFLORIDA PROFESSIONAL SURVEYOR AND MAPPER, THIS MAP IS
NOT VALID.
REVISED: 6-4-08, MAH, ADDED SQUARE FOOTAGE
6 - 4-08
MARK A. HATFIELD #5. DATE
PROFESSIONAL SURVEYOR AND MAPPER
THIS IS NOT A SURVEY! FLORIDA CERTIFICATE NO. 4155
‘Gaeceo sy] onamer | 1WO PARCELS OF LAND IN SECTION ~f
MAH BMH 19, T. 44S.,R. 23 E., LEE COUNTY,
05-26-08 FLORIDA, ENGINEERS: PLANNERS SURVEYORS
Serr FOR 2814 lnm at jr, Pra 501-230) 97309 -(AN) 29504
tort MATLACHA FIRE DISTRICT uctIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
MATLACHA/PINE ISLAND FIRE
CONTROL DISTRICT, CASE NO. 08-CA-17605
JUDGE JOSEPH C. FULLER
Petitioner Parcels A and B
v.
MARK A. SISSONS, CONSTANCE M. SISSONS,
AND LEE COUNTY TAX COLLECTOR,
Respondents.
/
DECLARATION OF TAKING AND ESTIMATE OF VALUE IN
CONNECTION WITH PARCELS A AND B
Petitioner, MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, having the right to
take possession and title in advance of the entry of final judgment in eminent domain actions, as
provided by law, and having passed a resolution authorizing that action, makes its declaration of
taking as follows:
1. In accordance with F.S. 74.031, the property designated in the Petition as Parcels A and
B are being taken for the uses set forth in the Petition.
2. A good faith estimate of value, based on a valid appraisal of the parcels, is as follows:
Parcel A $77,500.00
Parcel B $21,000.00
Total $98,500.00
Dated: pk t) , 2008.
Kenneth 4. Jones
Florida Bar No. 0200158
Attomey for Petitioner
Roetzel’& Andress
2320 First Street, Suite 1000
Fort Myers, Florida 33901
206
270834.100885.0005 i EXHIBIT
Bo
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR_LEE COUNTY, FLORIDA CIVIL ACTION CASE NO. 08-CA-17605 fos MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, JUDGE JOSEPH C. FULLER Petitioner Parcels A and B s m qe 2h — AM Som Fo BW 90 x= 2 “n fC ae a0 oh: 40 MARK A. SISSONS, CONSTANCE M. SISSONS, AND LEE COUNTY TAX COLLECTOR, Respondents. / PETITION IN EMINENT DOMAIN Petitioner, MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, by its undersigned attorney, sues each Respondent set forth in Schedule A attached hereto including all unknown persons having an interest in the property to be acquired and further alleges: This is an action in eminent domain to condemn certain property lying 1 within Lee County, Florida over which the Court has jurisdiction in accordance with Article 5 of the Florida Constitution and Section 73.021 and Section 26.012, Florida Statutes.. Petitioner is a Fire Control District authorized to exercise the power of 2. eminent domain by Chapters 73 and 74 and Section 191.006(12), Florida Statutes and all other statutory or common law which may grant to the Petitioner the power to institute and proceed with acquiring property pursuant to the exercise of the power of eminent domain, and by resolution duly adopted, a copy of which is attached as Exhibit 1 to the Petition in Eminent Domain. Petitioner has authorized the use of this power to acquire the property described in Schedule B.3. The property is being acquired for the construction of a fire station and is more fully set forth in the resolution attached as Exhibit 1 to the Petition in Eminent Domain, and is necessary for that use. 4. The property sought to be acquired by the Petitioner is located in Lee County, Florida and descriptions identifying such property is set forth in Schedule B and is incorporated herein by reference. 5. The estate or interest in the property that Petitioner intends to acquire is fee simple interest, subject to existing easements. 6. Petitioner has made diligent search and inquiry to discover the names, residences, and legal disabilities, if any, and interests in the property of all owners, lessees, mortgagees, judgment creditors, lienholders, executors, administrators, trustees, persons in possession and of all persons having or claiming to have any interest in the property, and those facts as are know to the Petitioner are particularly set forth in Schedule A attached hereto and made a part hereof. 7. The ages of all the natural Respondents named in this action are unknown to the Petitioner. 8. Petitioner has heretofore adopted an appropriate Resolution, a copy of which is attached hereto as Exhibit 1 and is incorporated herein by reference, and determined the necessity of acquiring the property described in Schedule B. 9. Petitioner has surveyed and located its line or area of construction, and intends in good faith to construct on, over and under the property in Schedule B. 10. Petitioner is authorized to take possession and title in advance of the entry of a final judgment in eminent domain and its Declaration of Taking is attached as Exhibit 2,and is incorporated herein by reference. 11. Before initiating this action, Petitioner has notified the fee owners of their statutory rights in compliance with the notice procedures as required by Section 73.0511, Florida Statutes and has complied with the requirements set forth in Section 73.015, Florida Statutes. 12, All conditions precedent have been complied with or have been waived prior to filing this action. 13. There are no mobile homes located on the property to be acquired. ‘WHEREFORE, Petitioner demands as follows: 1. That the property described in Schedule B be condemned and taken for the uses and purposes set forth above, and that the interests sought be vested in Petitioner. 2. Trial by jury be held on all matters triable as a matter of right by a jury. 3. The jury be required to view the property. 4. Petitioner be granted possession and title in advance of final judgment under Chapter 74, Florida Statutes. Dated: 7 | it , 2008. L Kennet Jones, Esq? Florid: No. 0200158 Attorngy for Petitioner Roetzfl & Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 338-4206 270805.100885.0005Schedule A Matlacha/Pine Island Fire Control District v. Sissons, et al. Case No. 08-CA-17605 SERVICE LIST PARCELS A AND B Mark A. Sissons 11971 Pompano Avenue Cape Coral, FL 33991 Constance M. Sissons 11971 Pompano Avenue Cape Coral, FL 33991 Lee County Tax Collector c/o Legal Dept. P.O. Box 850 Fort Myers, FL 33902 270844.100885.0005MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT RESOLUTION NO. Z9O8= 63 A RESOLUTION AUTHORIZING THE MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT’S ACQUISITION, BY GIFT, PURCHASE OR EMINENT DOMAIN, OF A FEE INTEREST OF PROPERTY DESCRIBED HEREIN FOR THE CONSTRUCTION OF A FIRE STATION; AUTHORIZING THE MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT’S EXERCISE OF THE POWER OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY FOR PUBLIC USE OR PURPOSE; DETERMINING THAT IT IS NECESSARY TO PERFORM A PUBLIC PROJECT BY CONSTRUCTING A FIRE STATION WITHIN THE DESCRIBED PROPERTY; SETTING FORTH THE PUBLIC PURPOSE AND PUBLIC NECESSITY OF SUCH PROJECT; DESCRIBING BOUNDARIES OF THE PROJECT; DETERMINING THAT THE ACQUISITION OF SUCH PROPERTY IS FOR A PUBLIC PURPOSE AND IS NECESSARY TO ACCOMPLISH THAT PURPOSE; AUTHORIZING AND DIRECTING APPROPRIATE STAFF TO COMMENCE GOOD FAITH PRE- LITIGATION NEGOTIATION PROCESSES; AUTHORIZING LEGAL COUNSEL TO INSTITUTE CONDEMNATION PROCEEDINGS FOR PROPERTIES THAT CANNOT BE PURCHASED THROUGH PRE-LITIGATION NEGOTIATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Matlacha/Pine Island Fire Control District (hereinafter “District) is engaged in a project to construct a new fire station; and WHEREAS, the District, after having considered and evaluated the merits of the project, the availability of alternative sites, the cost of the project, environmental factors associated with the project, long-range area planning, and safety factors of the project, has deemed it in the best interests of the District and its citizens to acquire the private property as described herein for the project by gift, purchase or eminent domain (condemnation); and WHEREAS, as part of pre-litigation negotiations, the District may take reasonable steps to acquire such private property by gift or purchase and that the Matlacha/Pine Island Fire Control District Board of Commissioners is willing, and hereby evidences its intent, to exercise the District’s power of eminent domain to acquire such private property for the public purpose and use described herein; andWHEREAS, the Matlacha/Pine Island Fire Control District Board of Commissioners has determined that condemnation of such private property is necessary for such public use or purpose; and NOW, THEREFORE, BE IT RESOLVED by the Matlacha/Pine Island Fire Control District Board of Commissioners: Section 1. Findings. The Matlacha/Pine Island Fire Control District Board of Commissioners hereby finds as follows: It is necessary for the public health, safety and welfare to perform and construct a public project known as Matlacha Station 4, (which may hereinafter be referred to as the “Project”), a portion of which will be located upon and necessitate acquisition of the real property described in Exhibit “A”. The District hereby declares that the Project is for the public purposes of safety, health and welfare of the citizens within the boundaries of the Matlacha/Pine Island Fire Control District and other persons benefiting from the Project, and to further enhance the health, safety and welfare of the citizens and residents of the District as a whole, and that of visitors to the District. The Plan for the Project is described and/or depicted in documentation on file with the District, and is incorporated herein by reference. The said Project is a public purpose.d. The acquisition of the property described below for the Project is for a public purpose and such property is necessary to accomplish the public purpose. e. The District has located its line or area of construction (ie., the “Project Area”), and intends in good faith to construct the Project, including the improvements described or referred to herein on, over or within the described property. f. The property to be acquired for the Project is located within Lee County, Florida, and is more fully described in Exhibit “A”, a copy of which is attached hereto and incorporated herein by this reference. g The District intends to acquire a fee interest in the property described in Exhibit “A”. h. That the project will provide increased fire protection services within the boundaries of the district. i. No mobile home is located on the property sought to be acquired. Section 2. Authority and Estate. In accordance with and by virtue of the authority granted to the District by Article 10, Sec. 6 of the Florida Constitution and by Chapters 73 and 74, Florida Statutes and Section 191.006(12), Florida Statutes, and all other statutory or common law which may grant to the District the power to institute and proceed with acquiring property under the exercise of the power of eminent domain, the Matlacha/ Pine Island Fire Control District Board of Commissioners hereby exercises its power of eminent domain and authorizes and directs the District Attorney or designee to issue thenecessary pre-litigation notice and to perform all necessary conditions precedent to institution eminent domain proceedings, to enter into the required good faith pre- litigation negotiation process, to commence and prosecute any and all proceedings, including condemnation proceedings, necessary to acquire the property described in Exhibit “A”, in the form of fee interest for the above described public use or purpose, to provide a good faith estimate of value, to provide a declaration of taking in accordance with Chapter 74, Florida Statutes and to seek an order of taking as soon as practicable. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. DULY PASSED AND ENACTED by the Matlacha/Pine Island Fire Control District Board of Commissioners this 2s day of May » 2008. q AUTHENTICATION: Guha SL KM wE AR. ee faz} APPROVED AS TO FORM: / Sfarfo¥ Yes Yes Nes Nes es Vote of Board Members: Peckinpaugh Elder Cole Cammick Cox Date filed with Clerk: 268008.100885.0005"mo14- Match oe sr CFPOADNg 014 Seth and Ce conden deg, 5/2/2000 3:21:30 PH, itt North Line of Section19___g _Pine Island Road__ 5 89°50'38" E N 89°50'38" W_ 280.18" (83 Right of Way) (Bearing Basis) T_NORTH 17 OF LoTs23,84__| . TO BoOe 7108 P6180), Y Ly | 1 sox, 1 qy i | ARTESIAN WELL, 8 a] |8 i | EASEMENT 8 3 sls i | a Lott ES yi% Lot2 | otZ | Lot 4 & 1 | bb Gap 1 PARCEL" | a ft ! ( 5 Gs] |B 1 (aREA=os8 ACRE) | a 1 | 1S 88 ls ! ! 5 1 eB ox] (8 ! I S| | i ust 2 | yt 1 | Be ze|| Block! B ' | a 29 i 1 + o:&8& wig Le Jas gi 1 | Bz ale ! aes cw Org SE gs g gis 38 drcnvowices S| as + 38 3 j ' Be WassoarW 100" Sit Ris eT! 8 8 Lot 41 Bea SI 1 Bee 1 ff to Fu tos | Sei | s ui 1 bord Lot 40 Bela Lot? ; bod i | si | | Ss 1 i | | = || 1 = 1 | I 1 Lot 39 DESCRIPTION: PARCEL "A" LOTS 2, 3, AND 4, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK 9, PAGE 89, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS THE NORTHERLY 17 FEET THEREOF. CONTAING 0.59 ACRE, MORE OR LESS, ‘SUBJECT TO AN ARTESIAN WELL EASEMENT OVER AND ACROSS THE NORTH 3.00 FEET OF THE EAST 10.00 FEET. SUBJECT TO A LEE COUNTY UTILITY EASEMENT OVER AND ACROSS THE WEST 6.00 FEET OF SAID LOT 2, AS DESCRIBED IN OFFICIAL RECORD BOOK 4405, PAGE 4408 OF THE SAID PUBLIC RECORDS. SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND ACROSS THE SOUTH 5.00 FEET THEREOF. DESCRIPTION: PARCEL "B" LOT 42, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK 9, PAGE 89, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. CONTAINING 0.16 ACRE, MORE OR LESS. SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND ACROSS THE NORTH 5.00 FEET AND THE EAST 5.00 FEET THEREOF. SURVEYORS NOTES: DESCRIPTION SHOWN HEREON IS NEW. ORIENTATION IS BASED ON THE NORTH LINE OF SECTION 19, BEING ASSUMED AT S.89°50'38"E, CERTIFICATE OF AUTHORIZATION LICENSE BUSINESS NO. 6891, UNLESS IT BEARS THE ORIGINAL RAISED SEAL AND SIGNATURE OF AFLORIDA PROFESSIONAL SURVEYOR AND MAPPER, THIS MAP IS NOT VALID. THIS IS NOT A SURVEY! 0 30 ss SCALE OF FEET 4260! LEGEND SEC. = SECTION Twe.= = TOWNSHIP RNG. = RANGE Ok = OFMTAL RECORD Py PAGE LCEC = LEE COUNTY ELECTRIC COOPERATIVE PUE = PUBLIC UTILITY EASEMENT PREPARED BY: MARK A. HATFIELD P.S.M. DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4155 gota DESCRIPTION DRAWING cxtcxepay | onamer | TWO PARCELS OF LAND IN SECTION BMH. 19, T. 44 S., R. 23 E., LEE COUNTY, FLORIDA, FOR MATLACHA FIRE DISTRICT ENGINEERS+ PLANNERS +SURVEYORS ‘2214 Clevdand Averue» Fat Myers, lida 33901» (239) $872005- (FAX) 337-20 i EXHIBITNOHOI4-Motacha Fe Dre CFPO\Dng\014 Seth and Des cemented 42006 1:42:39 AM mbt, Schedule B | _ — — SWiK eu DESCRIPTION DRAWING . . North Line of Section 19 Pine Island Road $ 89°5038"E €— -“ (es Night ot Way} ~ ese - N 89°50'38" W 260.18" 8 1 3 7 T - |_| SoRBGS So] Demag -— | 70 TNe9'S0aS W 21009" i] lime | 1 s0x100 J 1 L - 1 | ARTESIAN WELL_ 1 3 3} 18 | | EASEMENT 8} 25} —25-453 alls I | sg P dott B28 Lota | Lot3 |} Loe 4 & | i Gopiw | PARCEL "A" | wl toa 15 Gs] |B | aReasosoacrey { x 1 1B BEL (8 |v esesrsarr | 5] E 6x] 8 i oF ale | Jy ! 3! zel| Block! B | 1 a 26 i | —_ 18 win LL Jae =F Sy) | ae vse | 1 3 , Lot QF Ny 2k PARCEL"B" & gi ! tS < =8 cseazoreaces, SS : = Sho 7002 SOFT. Bll = 1 —F = Neg OSS W 14008 al? 8 be | § & gel 8 ’ Lot 41 a & ali Fo | Beg! : OP KF | cei | Lot 40 ele I ! 1 § ta 1 | ' S&S [2 sel 1 -8 oH 1 t =! ut 1 i tod Lot 39 * goths _ DESCRIPTION: PARCEL "A" LOTS 2, 3, AND 4, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK 9, PAGE 89, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS THE NORTHERLY 17 FEET THEREOF. wpe CONTAING 25,837 SQUARE FEET, MORE OR LESS. SUBJECT TO AN ARTESIAN WELL EASEMENT OVER AND ACROSS THE NORTH 3.00 FEET OF THE EAST 10.00 FEET. SUBJECT TO A LEE COUNTY UTILITY EASEMENT OVER AND ACROSS THE WEST 6.00 FEET OF SAID LOT 2, AS DESCRIBED IN OFFICIAL RECORD BOOK 4405, PAGE 4408 OF THE SAID PUBLIC RECORDS. 0 30 SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND ACROSS THE SOUTH ss 5.00 FEET THEREOF. SCALE OF FEET DESCRIPTION: ween PARCEL "B" LEGEND LOT 42, BLOCK B, WOODLAND PARK, AS RECORDED IN PLAT BOOK iS SECTION 9, PAGE 89, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. RNG. RANGE CONTAINING 7,002 SQUARE FEET, MORE OR LESS. Or SUBJECT TO A 5.00 FOOT PUBLIC UTILITY EASEMENT OVER AND. PG. ACROSS THE NORTH 5.00 FEET AND THE EAST 5.00 FEET THEREOF. LEC = LES COUNTY ELECTRIC COOPERATIVE PUE = PUBLIC UTILITY EASEMENT SURVEYORS NOTES: DESCRIPTION SHOWN HEREON IS NEW. ORIENTATION IS BASED ON THE NORTH LINE OF SECTION 19, BEING ASSUMED AT S.89°50'38"E. PREPARED BY: CERTIFICATE OF AUTHORIZATION LICENSE BUSINESS NO. 6891. UNLESS IT BEARS THE ORIGINAL RAISED SEAL AND SIGNATURE OF AFLORIDA PROFESSIONAL SURVEYOR AND MAPPER, THIS MAP IS NOT VALID. REVISED: 6-4-08, MAH, ADDED SQUARE FOOTAGE 6 - 4-08 MARK A. HATFIELD #5. DATE PROFESSIONAL SURVEYOR AND MAPPER THIS IS NOT A SURVEY! FLORIDA CERTIFICATE NO. 4155 ‘Gaeceo sy] onamer | 1WO PARCELS OF LAND IN SECTION ~f MAH BMH 19, T. 44S.,R. 23 E., LEE COUNTY, 05-26-08 FLORIDA, ENGINEERS: PLANNERS SURVEYORS Serr FOR 2814 lnm at jr, Pra 501-230) 97309 -(AN) 29504 tort MATLACHA FIRE DISTRICT uctIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, CASE NO. 08-CA-17605 JUDGE JOSEPH C. FULLER Petitioner Parcels A and B v. MARK A. SISSONS, CONSTANCE M. SISSONS, AND LEE COUNTY TAX COLLECTOR, Respondents. / DECLARATION OF TAKING AND ESTIMATE OF VALUE IN CONNECTION WITH PARCELS A AND B Petitioner, MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, having the right to take possession and title in advance of the entry of final judgment in eminent domain actions, as provided by law, and having passed a resolution authorizing that action, makes its declaration of taking as follows: 1. In accordance with F.S. 74.031, the property designated in the Petition as Parcels A and B are being taken for the uses set forth in the Petition. 2. A good faith estimate of value, based on a valid appraisal of the parcels, is as follows: Parcel A $77,500.00 Parcel B $21,000.00 Total $98,500.00 Dated: pk t) , 2008. Kenneth 4. Jones Florida Bar No. 0200158 Attomey for Petitioner Roetzel’& Andress 2320 First Street, Suite 1000 Fort Myers, Florida 33901 206 270834.100885.0005 i EXHIBIT Bo