NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING FOR CONSTRUCTIVE SERVICE OF PROCESS
IN THE CIRCUIT COURT OF THE fifth JUDICIAL CIRCUIT,
IN AND FOR marion COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2025-CA-002258
DUKE ENERGY FLORIDA, LLC, a Florida limited liability company, d/b/a Duke Energy,
Petitioner,
v.
GREAT AMERICAN AND RSG SELF STORAGE OF OCALA, LLC, a Florida limited liability company; BANK FIVE NINE, a Wisconsin banking corporation; GO SOLAR POWER, LLC, a Florida limited liability company; MARION COUNTY, a political subdivision of the State of Florida; UNKNOWN TENANTS AND OTHER PARTIES IN POSSESSION; UNKNOWN HEIRS OR BENEFICIARIES; and GEORGE ALBRIGHT, MARION COUNTY TAX COLLECTOR;
Respondents.
PUBLISHED NOTICE OF ACTION IN EMINENT DOMAIN AND
NOTICE OF HEARING FOR CONSTRUCTIVE SERVICE OF PROCESS
TO: All Respondents named in Schedule A, attached; all parties claiming interests by, through, under, or against the named Respondents; and all parties having or claiming to have any right, title, or interest in and to the property described in Schedule B. A Petition in Eminent Domain has been filed to acquire property interests in Marion County, Florida.
Each Respondent is required to serve written defenses to the Petition on Petitioner's attorney, whose name and address are shown below, on or before December 30, 2025 and to file the original of the defenses with the Clerk of this Court either before service on the Petitioner's attorney or immediately thereafter, showing what right, title, interest, or lien respondent has in or to the property described in the Petition, and to show cause why that property should not be taken for the uses and purposes set forth in the Petition. If any Respondent fails to do so, a default will be entered against that Respondent for the relief demanded in the Petition.
PLEASE TAKE FURTHER NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner has scheduled a Pre-Order of Taking Hearing on Wednesday, January 14, 2026, at 3:00 pm (30 minutes reserved) via Zoom before the Honorable Robert W. Hodges at which time an order of taking will be entered if all parties are in agreement or if no hearing has been requested.
Zoom Link: https://zoom.us/join
https://zoom.us/j/94063498077?pwd=Uxgp8a0RaaTF0awbiS3vT8vusfWxlb.1
Meeting ID: 940 6349 8077
Passcode: 850895
All Respondents in this action may request a hearing at the time and place designated and be heard. Any Respondent failing to file a request for hearing shall waive any right to object to the order of taking.
FURTHERMORE, Petitioner will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Petitioner, and any other order the Court deems proper, on Tuesday, February 10, 2026, at 1:30 pm (2 hours reserved) before the Honorable Robert W. Hodges at the Marion County Courthouse located at 110 NW First Avenue, Courtroom 3A, Ocala, Florida, or at such other time set by the Court at the Pre-Order of Taking Hearing.
WITNESS my hand and the seal of this court on the 16th day of October, 2025. Holly Bibb, Deputy Clerk of the Circuit Court; for Gregory C. Harrell, Marion County Clerk of Court.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES:
If you are a person with a disability who needs assistance in order to participate in a program or service of the State Courts System, you should contact the Office of the Court Administrator at (352) 671-5520 or (800) 955-8770 (Florida Relay Service) as much in advance of your court appearance or visit to the courthouse as possible. Please be prepared to explain your functional limitations and suggest an auxiliary aid or service that you believe will enable you to effectively participate in the court program or service.
Dated: October 10, 2025. /s/ Fred S. Werdine; Fred S. Werdine, Esq. (FBN: 614483); Michael Silver, Esq. (FBN: 868701); Suzanne M. Driscoll, Esq. (FBN: 827797), SHUTTS & BOWEN LLP, 4301 W. Boy Scout Blvd, Suite 300, Tampa, Florida 33607, Telephone: (813) 229-8900; Facsimile: (813) 229-8901; Counsel for Petitioner; fwerdine@shutts.com
SCHEDULE A
Parcel 081(SPF)
OWNERS AND ENCUMBRANCES:
Great American and RSG Self Storage of Ocala, LLC, 9190 SW HWY 200, Ocala, FL 34481: Fee Simple Owner by virtue of Special Warranty Deed dated August 31, 2023, recorded in O.R. Book 8137, Page 1175, on September 5, 2023, in the Official Records of Marion County, Florida.
Bank Five Nine, a Wisconsin banking corporation, 155 West Wisconsin Avenue, Oconomowoc, WI 53066: Mortgage, Assignment of Rents & Leases, Fixture Filing, Security Agreement and Financing Statement recorded on 08/01/2024, in O.R. Book 8388, Page 495, AND Mortgage, Assignment of Rents & Leases, Fixture Filing, Security Agreement and Financing Statement recorded on 08/01/2024, in O.R. Book 8388, Page 516, AND Mortgage, Assignment of Rents & Leases, Fixture Filing, Security Agreement and Financing Statement recorded on 08/01/2024, in O.R. Book 8388, Page 537, all in the Official Records of Marion County, Florida.
Go Solar Power, LLC, a Florida limited liability company, 580 Village Boulevard, Suite 150, West Palm Beach, FL 33409: Notice of Commencement recorded on 04/10/2025, in O.R. Book 8583, Page 39, in the Official Records of Marion County, Florida.
Marion County, a political subdivision of the State of Florida, 601 SE 25th Avenue, Ocala, FL 34471: Interest in that Public Ingress and Egress Easement recorded on December 12, 2022, in O.R. Book 7948, Page 698, in the Official Records of Marion County, Florida.
Unknown Tenants and Other Parties in Possession: Interest, if any.
Unknown Heirs or Beneficiaries: Interest, if any.
George Albright, Marion County Tax Collector, McPherson Complex, 503 SE 25th Avenue, Ocala, FL 34471: Interest, if any.
SCHEDULE B
Parcel 081(SPF)
Parcel ID #35300-033-01
A portion of a parcel recorded in Official Records Book 8137, Page 1175, public records of Marion County, Florida, lying in Section 26, Township 16 South, Range 20 East, being described as follows:
Commence at the south quarter corner of said Section 26; thence North 89°39'33" East, along the south line of said Section 26, a distance of 1107.25 feet to the east right-of-way of State Road 200 per the Florida Department of Transportation Right-of-Way Map Section 36100-2522; thence North 42°02'16" East, along said east right-of-way line, a distance of 701.72 feet to the south line of said parcel and the Point of Beginning; thence continue North 42°02'16" East, along said east right-of-way line, a distance of 452.99 feet to the north line of said parcel; thence South 50°27'27" East, along said north parcel line, a distance of 57.72 feet; thence South 42°01'36" West, a distance of 175.51 feet; thence South 42°34'26" West, a distance of 269.39 feet to the south line of said parcel; thence North 58°51'10" West, along said north parcel line, a distance of 56.19 feet to the Point of Beginning.
Contains 0.59 acres (25,547 Square Feet), more or less.
SUPPLEMENTAL PERMANENT FACILITIES EASEMENT
With respect to the Supplemental Permanent Facilities Easements for the portion of the Ross Prairie-Shaw 230kV Transmission Line which is to be collocated with the existing Dunnellon Town-Circle Square 69kV Transmission Line, referred to hereinabove for Parcel 081(SPF), Duke Energy shall have a perpetual supplemental facilities easement, with correlative rights between Duke Energy and the landowner(s) as follows, to-wit:
(a) Duke Energy shall have the right to construct, operate, maintain, inspect, repair, rebuild or remove a double-circuit electric transmission line composed of one (1) 69kV circuit and one (1) 230kV circuit, support structures and related facilities, distribution lines and communication wires related solely for the purpose of providing electric energy service, over, on and upon the existing Duke Energy easement area;
(b) Duke Energy shall have the right to remove any or all existing structures or obstacles and to keep the easement area clear of underbrush, debris, trees or any other objects or structures which may or could endanger or interfere with the safe and efficient exercise of Duke Energy's rights contained in paragraph (a) above;
(c) Duke Energy shall have the right of ingress and egress to enter and traverse upon the described easement area from its existing transmission line right-of-way or adjacent public roads for the purpose of exercising the rights described herein, including the right to install gates, temporary matting and the right to cut and temporarily remove fences, provided that Duke Energy shall replace and return those fences to the condition in which Duke Energy found them at the time of cutting and removal;
(d) The landowner retains the right and may continue to use the easement areas for any lawful purposes that do not interfere with Duke Energy's rights obtained under the supplemental permanent facilities easement to be acquired, as described herein; provided, however, that the landowner shall neither construct nor permit to be constructed any building, structure or other improvement or obstruction, on, over, under, above, across or through the easement areas which would constitute a violation of the National Electric Safety Code or directly interfere with Duke Energy's exercise of its rights, including Duke Energy's right of ingress and egress from the easement areas, as well as the safe and efficient operation of the double-circuit electric transmission line composed of one (1) 69 kV circuit and one (1) 230 kV circuit and appurtenances. Duke Energy agrees to provide the landowner, either upon the landowner's request or at Duke Energy's option, a prior written determination that any particular exercise of the right to use the easement area by the landowner does not directly interfere with the safe and efficient exercise of the rights acquired by Duke Energy, which determination shall not be arbitrarily or unreasonably withheld or conditioned.
(e) Duke Energy may not fence or otherwise enclose the described easement area without the consent of the landowner;
(f) Upon abandonment of the transmission line, all easement rights of Duke Energy shall terminate.
Subject to the foregoing, the landowner, their legal representatives, successors and assigns shall retain all existing rights of title and possession, provided their exercise of such rights does not interfere with the safe and efficient construction, maintenance and operation of the transmission line or any of Duke Energy's rights specified above. Such rights of title and possession include, but are not limited to, the following:
1) The right of ingress and egress;
2) Use of the easement area for ordinary farming, horticulture and pasture purposes;
3) Mineral interests, if any, with the right of exploration and extraction, provided that this particular paragraph shall inure to the benefit of the holder of such mineral rights, if other than the owner of the fee;
4) The right to build, maintain and travel over roads and streets across the easement areas, provided such roads or streets: do not alter ground elevation more than two feet; are constructed in a straight manner across the easement area at an angle no less than 30 degrees, as measured from the edge of the easement to the centerline of such road or street; and, are more than 25 feet distant from any transmission line structures or related equipment, facilities or accessories thereto; and,
5) Any landowner may enclose the easement area by fence, subject to Duke Energy's right of ingress and egress.
October 22, 29 2025
LSAR0391288