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-002619
DUKE ENERGY FLORIDA, LLC, a Florida limited liability company, d/b/a Duke Energy,
Petitioner,
v.
NAGSHAY, LLC, A Florida Limited Liability Company; JEWELL COMMERCIAL PROPERTIES, LLC, a Florida limited liability Company; VAN H. AKIN, II as Trustee of the Van H. Akin, II Living Trust dated the 24th day of October, 2001; SUMTER ELECTRIC COOPERATIVE, INC., A Florida not for profit corporation; J W BERRY SIGNS, INC., A Florida corporation; CLEAR CHANNEL OUTDOOR, LLC, a foreign limited liability company, as successor in interest to Eller Media Company; INTERNATIONAL ASSOCIATES DEVELOPMENT CORPORATION, a Florida corporation (Inactive), its successors and assigns; FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida; 7280 HWY 200, LLC, a Florida limited liability company; MARION COUNTY, FLORIDA, a political subdivision of the State of Florida; SPP DWARAKA LLC, a Florida limited liability company; CENTERSTATE BANK, N.A.; NEW OCALA, LLC, an Indiana limited liability company; CITY OF OCALA, a municipal corporation under the laws of the State of Florida, its successors and assignees; INDUSTRIAL TECHNOLOGIES & SERVICES AMERICAS, INC., a Delaware corporation, successor by merger with Pneumatic Products Corporation, a Delaware corporation; BALANCED MECHANICAL & PLUMBING SERVICES, LLC, a Florida limited liability company; UNKNOWN BENEFICIARIES; 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 January 30, 2026 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 Thursday, February 19, 2026, at 1:30 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 Wednesday, March 25, 2026, at 2:00 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 2nd day of December, 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: December 2, 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 85(SPF)
Nagshay, LLC, 439 SW 45th Street, Ocala, FL 34471: Fee simple owner by virtue of that Quit-Claim Deed dated June 16, 2022, in O.R. Book 7811, Page 1721, recorded on June 21, 2022, 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.
Parcel 149(AF2)
Jewell Commercial Properties, LLC, 10473 SW 47th Avenue, Ocala, FL 34476: Fee Simple Owner by virtue of that certain Warranty Deed recorded on 09/21/2022, in O.R. Book 7884, Page 1158, in the Official Records of Marion County, Florida.
Van H. Akin, II as Trustee of the Van H. Akin, II Living Trust dated the 24th day of October, 2001, P.O. Box 4525, Ocala, FL 34478: Mortgage Deed recorded in O.R. Book 7884, Page 1159, in the Official Records of Marion County, Florida.
Sumter Electric Cooperative, Inc., 330 South U.S. Highway 301, Sumterville, FL 33585: Easement recorded in Deed Book 278, Page 141, in the Official Records of Marion County, Florida.
JW Berry Signs, Inc., 2006 South Street, Leesburg, FL 34748: Notice of Commencement recorded February 4, 2025, in O.R. Book 8528, Page 1400, 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.
Parcel 153(AF2)
Clear Channel Outdoor, LLC, as successor in interest to Eller Media Company, 4830 N Loop 1604 W Ste. 111, San Antonio, TX 78249: Fee Simple Owner by virtue of that certain Corporate Warranty Deed recorded on 11/04/1999, in O.R. Book 2715, Page 1232, in the Official Records of Marion County, Florida.
International Associates Development Corporation, a Florida corporation (Inactive), its successors and assigns, 2420 Kent Place, Clearwater, FL 33764: Reservation of Easement recorded in O.R. Book 2715, Page 1228, in the Official Records of Marion County, Florida.
Unknown Beneficiaries: Oil Leases in Deed Book 201, Pages 555 and 556, 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.
Parcel 156(SPF)
7280 HWY 200, LLC, 40 SE 11th Avenue, Ocala, FL 34471: Fee Simple Owner by virtue of that certain Warranty Deed recorded on 12/19/2019, in O.R. Book 7099, Page 1872, in the Official Records of Marion County, Florida.
Marion County, Florida, 601 SE 25th Street, Ocala, Florida 34471: Public Ingress and Egress Easement recorded in O.R. Book 3926, Page 1346, 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.
Parcel 181(AF2)
SPP Dwaraka LLC, 6490 SW 51st Terrace, Ocala, FL 34474-5771: Fee Simple Owner by virtue of that certain Warranty Deed recorded on 01/30/2013, in O.R. Book 5802, Page 699, in the Official Records of Marion County, Florida.
CenterState Bank, N.A., 1101 1st Street South, Winter Haven, Fl 33880: Mortgage recorded in O.R. Book 6786, Page 1807 and Assignment of Rents recorded in O.R. Book 6786, Page 1820, in the Official Records of Marion County, Florida.
Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450: Perpetual Easement recorded in O.R. Book 2467, Page 1014, in the Official Records of Marion County, Florida.
Unknown Beneficiaries: Master Protective Covenants of Jasmine Development recorded in O.R. Book 3007, Page 1511, and as amended/supplemented in O.R. Book 3435, Page 416, in O.R. Book 3700, Page 1422, in O.R. Book 4718, Page 1634, in O.R. Book 5244, Page 586; re-recorded in O.R. Book 5244, Page 845; Articles of Incorporation recorded in O.R. Book 3007, Page 1524 and By-Laws recorded in O.R. Book 3007, Page 1533, 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.
Parcel 216(AF1), 216(PAR)
New Ocala, LLC, 8902 N. Meridian Street, Ste 205, Indianapolis, IN 46260; Fee Simple Owner, Warranty Deed dated July 18, 2022, recorded in ORB Book 7834, Page 1434 on July 20, 2022 in the Official Records of Marion County, Florida.
Unknown Beneficiaries: Interest, if any, by virtue of Executive Park Plat recorded in Plat Book T, Page 11 of the Official Records of Marion County, Florida.
City of Ocala, 110 SE Watula Avenue Ocala FL 34471: Easement recorded in the Official Records of Marion County, Florida, in ORB Book 2444, Page 1602 on December 24, 1997.
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.
Parcel 217(AF1)
Industrial Technologies & Services Americas, Inc., successor by merger with Pneumatic Products Corporation, a Delaware corporation 525 Harbour Place Drive, Unit 600, Davidson, NC 28036-7444: Fee Simple Owner, Special Warranty Deed dated May 21, 1988, recorded in in O.R. Book 1540, Page 971 on May 26, 1988 AND Special Warranty Deed recorded in O.R. Book 8475, Page 279, the Official Records of Marion County, Florida.
Unknown Beneficiaries: Interest, if any, by virtue of Executive Park Plat recorded in Plat Book T, Page 11 of the Official Records of Marion County, Florida.
City of Ocala, 110 SE Watula Avenue Ocala FL 34471: Easement recorded in the Official Records of Marion County, Florida, in ORB Book 2444, Page 1602 on December 24, 1997.
Balanced Mechanical & Plumbing Services, LLC, 1865 NE Jacksonville Road, Ocala, FL: Notice of Commencement recorded in O.R. 8248, Page 516, recorded 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 85(SPF)
Parcel ID#35300-032-01
A portion of a parcel recorded in Official Records Book 7811, Page 1721, public records of Marion County, Florida, lying in Section 26, Township 16 South, Range 20 East, being described as follows:
Commence at the southeast corner of Section 26, Township 16 South, Range 20 East; thence North 00°05'33" East, along the east line of said Section 26, a distance of 452.69 feet to the southerly projection of the south line of said parcel; thence North 44°50'29" West, along said south parcel line, a distance of 780.13 feet to the Point of Beginning; thence continue North 44°50'29" West, along said south parcel line, a distance of 57.70 feet to the east right-of-way line 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 295.02 feet to the north line of said parcel recorded in Official Records Book 7811, Page 1721; thence South 47°57'40" East, along said north parcel line, a distance of 57.49 feet; thence South 42°00'49" West, a distance of 285.52 feet; thence South 42°01'36" West, a distance of 12.64 feet to the Point of Beginning.
Contains 0.39 acre (17,070 Square Feet), more or less.
Parcel 149(AF2)
Parcel ID#35678-001-00
A portion of a parcel recorded in Official Records Book 7884, Page 1158, public records of Marion County, Florida, lying in Section 18, Township 16 South, Range 21 East, being described as follows:
Commence at the south quarter corner of said Section 18, Township 16 South, Range 21 East; thence North 89°24'05" West, along the south line of said Section 18, a distance of 104.67 feet to the east right-of-way line of State Road 200, per Florida Department of Transportation Right-of-Way Map Section 36100-2522; thence North 41°48'08" East, along said east right-of-way line, a distance of 142.98 feet to the south line of said parcel; thence South 49°14'54" East, along the south line of said parcel, a distance of 32.01 feet to the Point of Beginning; thence North 41°48'08" East, a distance of 136.97 feet to the north line of said parcel; thence North 81°49'51" East, along the north line of said parcel, a distance of 26.99 feet; thence South 41°51'14" West, a distance of 26.27 feet; thence South 41°27'54" West, a distance of 131.04 feet to the south line of said parcel; thence North 49°14'54" West, along said south parcel line, a distance of 18.11 feet to the Point of Beginning.
Contains 0.06 acre (2,602 Square Feet), more or less.
Parcel 153(AF2)
Parcel ID#35676-000-01
A portion of a parcel recorded in Official Records Book 2715, Page 1232, public records of Marion County, Florida, lying in Section 18, Township 16 South, Range 21 East, being described as follows:
Commence at the south quarter corner of Section 18, Township 16 South, Range 21 East; thence North 89°24'05" West, along the south line of said section, a distance of 104.67 feet to the east right-of-way line of State Road 200 as shown on Florida Department of Transportation Right-of-Way Map Section 36100-2522; thence North 41°48'08" East, along the east line of said right-of-way, a distance of 737.35 feet; thence South 48°11'52" East, along the east line of said right-of-way, a distance of 3.00 feet; thence North 41°48'08" East, along the east line of said right-of-way, a distance of 276.68 feet to the south line of said parcel; thence South 48°49'10" East, along the south line of said parcel, a distance of 29.00 feet to the east line of an easement recorded in Official Records Book 81, Page 349, public records of Marion County, Florida, and the Point of Beginning; thence North 41°48'08" East, along the east line of said easement, a distance of 40.44 feet to the north line of said parcel; thence South 48°11'52" East, along the north line of said parcel, a distance of 20.36 feet; thence South 42°12'29" West, a distance of 40.23 feet to the south line of said parcel; thence North 48°49'10" West, a distance of 20.08 feet to the Point of Beginning.
Contains 0.02 acre (815 Square Feet), more or less.
Parcel 156(SPF)
Parcel ID#35674-000-00
A portion of a parcel recorded in Official Records Book 7099, Page 1872, public records of Marion County, Florida, lying in Section 18, Township 16 South, Range 21 East, being described as follows:
Commence at the northeast corner of Section 18, Township 16 South, Range 21 East; thence South 00°28'42" West, along the east line of said section, a distance of 2189.52 feet to the east right-of-way line of State Road 200 as shown on Florida Department of Transportation Right-of-Way Map Section 36100-2522; thence South 41°48'08" West, along said east right-of-way line, a distance of 2011.41 feet; thence South 00°12'22" East, along said east right-of-way line, a distance of 17.96 feet to the east line of said parcel and the Point of Beginning; thence continue South 00°12'22" East, along said east parcel line, a distance of 54.27 feet; thence South 41°45'22" West, a distance of 231.73 feet; thence South 41°59'29" West, a distance of 59.48 feet to the south line of said parcel; thence North 89°31'25" West, along said south parcel line, a distance of 64.40 feet to east right-of-way line of said State Road 200; thence North 41°48'08" East, along said east right-of-way line, a distance of 374.06 feet; thence South 48°13'48" East, along said east right-of-way line, a distance of 12.05 feet to the Point of Beginning.
Contains 0.38 acre (16,360 Square Feet), more or less.
Parcel 181(AF2)
Parcel ID#35497-001-02
A portion of a parcel recorded in Official Records Book 5802, Page 699, public records of Marion County, Florida, lying in Section 08, Township 16 South, Range 21 East, being described as follows:
Commence at the northwest corner of the northeast quarter of the southeast quarter of said Section 08; thence South 00°23'35" West, along the west line of said northeast quarter of southeast quarter, a distance of 355.72 feet to the east right-of-way line of State Road 200, per Florida Department of Transportation Right-of-Way Map Section 36100-2522; thence North 41°48'08" East along said east right-of-way, a distance of 163.65 feet to the west line of the parcel recorded in Official Records Book 5802, Page 699; thence South 38°12'22" East, along said west parcel line, a distance of 20.89 feet to the Point of Beginning; thence North 41°47'05" East, a distance of 169.86 feet to the south right-of-way of SW 73rd Street Road, per Plat Book 6, Page 40 and a point on a non-tangent curve concave southwesterly having a radius of 25.00 feet; thence southeasterly along said south right-of-way line and said curve to the right through a central angle of 20°31'54", an arc distance of 8.96 feet (Chord Bearing = South 48°28'11" East, Chord Distance = 8.91 feet); thence South 38°09'28" East, along said south right-of-way line, a distance of 9.56 feet; thence South 42°23'21" West, a distance of 171.15 feet to the west line of the parcel recorded in Official Records Book 5802, Page 699; thence North 38°12'22" West, along said west parcel line, a distance of 16.77 feet to the Point of Beginning.
Contains 0.07 acre (2,982 Square Feet), more or less.
Parcel 216(AF1)
Parcel ID#2390-010-000
A portion of the parcel described of Official Records Book 7834, Page 1434, public records of Marion County, Florida, lying in Section 34, Township 15 South, Range 21 East being described as:
Commence at the southeast corner of said Section 34; thence North 00°23'56" East along the east line of said section, a distance of 210.00 feet to the Point of Beginning; thence North 89°28'38" West, a distance of 45.00 feet; thence North 00°23'56" East, a distance of 977.19 feet; thence South 89°47'17" East, a distance of 45.00 feet to the east line of said Section 34; thence South 00°23'56" West along said east section line, a distance of 977.43 feet to the Point of Beginning.
Contains 1.01 acres (43,979 Square Feet), more or less.
Parcel 216(PAR)
Parcel ID#2390-010-000
A portion of a parcel recorded in Official Records Book 7834, Page 1434, public records of Marion County, Florida, lying in Section 34, Township 15 South, Range 21 East, being described as:
Commence at the southeast corner of said Section 34; thence North 00°23'56" East along the east line of said section, a distance of 1162.43 feet to the Point of Beginning; North 89°47'17" West, a distance of 330.00 feet; thence South 82°53'43" West, a distance of 157.04 feet; thence North 89°47'17" West, a distance of 154.21 feet to the west line of said parcel; thence North 00°31'16" East, along said west parcel line, a distance of 45.00 feet to the north line of said parcel; thence South 89°47'17" East, along said north parcel line, a distance of 639.81 feet to the east line of said Section 34; thence South 00°23'56" West, along said east section line, a distance of 25.00 feet to the Point of Beginning.
Contains 0.47 acre (20,637 Square Feet), more or less.
Parcel 217(AF1)
Parcel ID#2390-009-000
A portion of a parcel described in Official Records Book 8475, Page 279, as affected by Official Records Book 5688, Page 394, public records of Marion County, Florida, lying in Section 34, Township 15 South, Range 21 East, described as follows:
Commence at the southeast corner of said Section 34; thence North 00°23'56" East along the east line of said Section 34, a distance of 1187.43 feet to the south line of said parcel and the Point of Beginning; thence North 89°47'17" West, along said south parcel line, a distance of 45.00 feet; thence North 00°23'56" East, a distance of 1281.39 feet to a point on the south line of Tract "E" per Plat Book T, Page 11, public records of said County and a non-tangent curve concave northeasterly having a radius of 105.00 feet; thence southeasterly along said curve to the left and south line of said Tract "E" through a central angle of 25°22'37", an arc distance of 46.51 feet (Chord Bearing = South 76°54'45" East, Chord Distance = 46.13 feet) to the east line of said Section 34; thence South 00°23'56" West, along said east section line, a distance of 1271.11 feet to the Point of Beginning
Contains 1.32 acres (57,352 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 Duke Energy 69kV Transmission Line, Duke Energy shall have a non-exclusive 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 Electrical 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.
AERIAL FACILITIES EASEMENTS- DOUBLE-CIRCUIT
With respect to the Aerial Facilities Easements for the Ross Prairie-Shaw 230kV Transmission Line, Duke Energy shall have a non-exclusive perpetual aerial easement, with correlative rights between Duke Energy and the landowner(s) as follows, to-wit:
(a) Duke Energy shall have the right to construct, install, operate, maintain, inspect, repair, rebuild or remove a double-circuit aerial electric transmission line composed of one (1) 69kV circuit and one (1) 230kV circuit, and related facilities, including distribution lines and communication wires related solely for the purpose of providing electric energy service, over, above, through and across the easement areas. No transmission poles shall be located within the Aerial Facilities Easements;
(b) Duke Energy shall have the right to remove any or all existing structures or obstacles and to keep the easement areas 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 areas 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, and;
(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 aerial facilities easements 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 Electrical 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 aerial electric transmission line composed of one (1) 69kV circuit and one (1) 230kV 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 areas 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 areas 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 areas by fence, subject to Duke Energy's right of ingress and egress.
AERIAL FACILITIES EASEMENTS- SINGLE-CIRCUIT
With respect to the Aerial Facilities Easements for the Ross Prairie-Shaw 230kV Transmission Line, Duke Energy shall have a non-exclusive perpetual aerial easement, with correlative rights between Duke Energy and the landowner(s) as follows, to-wit:
(a) Duke Energy shall have the right to construct, install, operate, maintain, inspect, repair, rebuild or remove a single-circuit 230 kV electric aerial transmission line and related facilities, including distribution lines and communication wires related solely for the purpose of providing electric energy service, over, above, through and across the easement areas. No transmission poles shall be located within the Aerial Facilities Easements;
(b) Duke Energy shall have the right to remove any or all existing structures or obstacles and to keep the easement areas 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 areas 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, and;
(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 aerial facilities easements 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 Electrical 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 single-circuit 230 kV electric transmission line 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 areas 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 areas 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 areas by fence, subject to Duke Energy's right of ingress and egress.
PERMANENT ACCESS ROAD EASEMENT
With respect to the Permanent Access Road Easement for the Ross Prairie-Shaw 230kV Transmission Line, Duke Energy shall have a perpetual access road easement, with correlative rights between Duke Energy and the landowner(s) as follows, to-wit:
(a) Duke Energy shall a non-exclusive perpetual easement and right for access for vehicular and pedestrian ingress and egress to enter and traverse upon the described easement area from its proposed Aerial Facilities Easement for the Ross Prairie-Shaw 230kV transmission line 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, and the right to construct operate, maintain, inspect, repair, rebuild or remove an at grade access road and necessary appurtenances within the easement area;
(b) Duke Energy shall have the right to travel over, upon and across the Access Easement Area with its construction vehicles, equipment, materials and personnel as necessary for the initial construction of the Ross Prairie-Shaw 230kV transmission line and for all future maintenance, operation, repair or rebuilding thereof;
(c) Duke Energy shall have the right to inspect, repair and or restore the condition of the Access Easement Area to ensure proper maintenance thereof insofar as the Company's needs and uses are concerned;
(d) Duke Energy shall have the right to remove any or all existing structures or obstacles and to keep the Access 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; and
(e) 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 access road or any of Duke Energy's rights specified above.
December 8, 15 2025
LSAR0418241