Summons to Show Cause, Notice of Eminent Domain Proceedings and Notice of Hearing

Summons to Show Cause, Notice of Eminent Domain Proceedings and Notice of Hearing IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA POWERSOUTH ENERGY COOPERATIVE, an Alabama cooperative corporation, Petitioner, v. THOMAS B. SHELTON, FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, TAX COLLECTOR OF BAY COUNTY, FLORIDA, and ANY AND ALL UNKNOWN PARTIES, TENANTS, HEIRS & BENEFICIARIES IN POSSESSION AND ANY AND ALL OTHER PERSON(S) CLAIMING ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY, et al., Respondents. _____________________/ CASE NO.: 26000090CA PARCEL: 76 SUMMONS TO SHOW CAUSE, NOTICE OF EMINENT DOMAIN PROCEEDINGS AND NOTICE OF HEARING IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA: TO ALL SHERIFFS OF THE STATE AND TO ALL WHOM IT MAY CONCERN: YOU ARE COMMANDED to serve this summons and a copy of the Petition in Eminent Domain, the Notice of Lis Pendens, the Declaration of Taking, the Notice of Filing Affidavit of Diligent Search and Inquiry Supporting Constructive Service of Process, Order Requiring Good Faith Conferral and Review of Procedures Related to Civil Discovery Matters, and Eminent Domain Order of Taking Hearing Order upon the respondent: Any And All Unknown Parties, Tenants, Heirs & Beneficiaries In Possession And Any And All Other Person(s) Claiming Any Right, Title Or Interest In The Property Service by Publication NOTICE IS HEREBY GIVEN TO THE RESPONDENTS NAMED IN THE ATTACHED EXHIBIT "A" PARTY LIST AND TO ALL WHOM IT MAY CONCERN, AGAINST THE NAMED RESPONDENTS; AND TO ALL HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY DESCRIBED in the Petition, that Petitioner has filed a Petition in Eminent Domain and Declaration of Taking to acquire certain property interests in Bay County, Florida as described in the Petition. Each Respondent and other person claiming any interest in, or having a lien upon, such property is required to serve a copy of written answer and defenses to the Petition upon Edgar Lopez, Esq., of the law firm Harris Harris Bauerle Lopez, 1801 Lee Rd., Suite 210, Winter Park, Florida 32789, attorney for Petitioner, and to file the original of the answer and defenses with the Clerk of this Court, on or before March 13, 2026 showing what right, title, interest, or lien the 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 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 property before the Honorable James J. Goodman, Circuit Judge, on March 30, 2026 at 9:30 a.m. (2 hours reserved) via Zoom at https://zoom.us/j/6159006238. Meeting ID: 615 900 6238. All Respondents in this action may request a hearing and be heard at the time and place designated. Any Respondent failing to file a request for hearing shall waive any right to object to the Order of Taking. ADDITIONALLY, a Pre-Order of Taking Case Management Conference is set for March 20, 2026 at 9:00 a.m. (15 minutes reserved) before the Honorable James J. Goodman, at which time an order of taking will be entered if all parties are in agreement or if no hearing has been requested. All parties are required to attend the Pre-Order of Taking Case Management Conference remotely via Zoom at https://zoom.us/j/6159006238. Meeting ID: 615 900 6238 WITNESS MY HAND AND SEAL of said Court on the 6 day of February, 2026. By:Bill Kinsaul Deputy Clerk Americans with disabilities act assistance: If you are a person with a disability who needs accommodation in order to participate in a court proceeding, please contact Court Administration at 850-747-5370 or email adarequest@jud14.flcourts.org at least 7 days before your scheduled court appearance, or immediately upon receiving your notification if the time before the scheduled appearance is less than 7 days. If you use assistive technology (such as a Braille reader, a screen reader, TTY, etc.) and the format of any our website material interferes with your ability to access the information, please contact Tany Deal at 850-747-5123 to be proved with further assistance. If you are hearing or voice impaired, you may call 711 and the Florida relay Service will assist you with your call to our office. PARCEL DESCRIPTION PROPOSED POWERSOUTH ENERGY COOPERATIVE TRANSMISSION LINE EASEMENT (WIDTH VARIES) A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 3 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA; ALSO BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2905, PAGE 589 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS; COMMENCING AT A CONCRETE MONUMENT #2372 MARKING THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA (NORTHING = 449,803.17, EASTING = 1,655,867.34, STATE PLANE COORDINATE SYSTEM, FLORIDA NORTH, ZONE, NAD83); THENCE PROCEED N00°41'54"E ALONG A PORTION OF THE WEST LINE OF SAID SECTION FOR A DISTANCE OF 1876.76 FEET TO THE POINT OF BEGINNING (NORTHING = 451,679.79, EASTING = 1,655,890.21, STATE PLANE COORDINATE SYSTEM, FLORIDA NORTH, ZONE, NAD83); THENCE PROCEED N00°41'54"E ALONG A PORTION OF THE WEST LINE OF SAID SECTION, A DISTANCE OF 821.70 FEET; THENCE PROCEED N01°04'30"E ALONG A PORTION OF THE WEST LINE OF SAID SECTION, A DISTANCE OF 1248.72 FEET TO THE SOUTHEAST CORNER OF KINGS CREEK SUBDIVISION AS RECORDED IN PLAT BOOK 22, PAGE 15 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA; THENCE PROCEED N00°21'06"E ALONG THE EAST LINE OF KINGS CREEK SUBDIVISION, A DISTANCE OF 915.02 FEET; THENCE DEPARTING SAID EAST LINE OF KINGS CREEK SUBDIVISION PROCEED THE FOLLOWING (6) COURSES: (1) S78°22'29"E, A DISTANCE OF 23.24 FEET; (2) N00°45'18"E, A DISTANCE OF 34.44 FEET; (3) S89°14'42"E, A DISTANCE OF 30.00 FEET; (4) S00°45'18"W, A DISTANCE OF 40.25 FEET; (5) S78°03'47"E, A DISTANCE OF 2064.15 FEET; (6) N79°37'09"E, A DISTANCE OF 2287.45 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2535, PAGE 2344 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA SAID POINT LYING ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1299.16 FEET; THENCE PROCEED ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°57'29" FOR A DISTANCE OF 67.08 FEET (CHORD = 67.07 FEET, CHORD BEARING = S22°11'41"W); THENCE DEPARTING SAID CURVE PROCEED S68°30'20"E ALONG SAID WESTERLY PROPERTY LINE, A DISTANCE OF 35.00 FEET; THENCE DEPARTING SAID WESTERLY PROPERTY LINE PROCEED THE FOLLOWING (9) COURSES: (1) S79°37'09"W, A DISTANCE OF 2280.56 FEET; (2) S00°46'41"W, A DISTANCE OF 49.05 FEET; (3) N89°13'19"W, A DISTANCE OF 30.00 FEET; (4) N00°46'41"E, A DISTANCE OF 49.05 FEET; (5) N78°03'47"W, A DISTANCE OF 2025.57 FEET; (6) S00°21'06"W, A DISTANCE OF 823.80 FEET; (7) S01°04'30"W, A DISTANCE OF 1248.95 FEET; (8) S00°41'54"W, A DISTANCE OF 843.07 FEET; (9) N73°13'02"W, A DISTANCE OF 78.06 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 12.64 ACRES, MORE OR LESS. PROPOSED POWERSOUTH ENERGY COOPERATIVE TRANSMISSION LINE EASEMENT (WIDTH VARIES) A PARCEL OF LAND LYING IN SECTIONS 7&8, TOWNSHIP 3 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA; ALSO BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2905, PAGE 589 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 4"X4" CONCRETE MONUMENT LB# 2372, MARKING THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA (NORTHING = 455,199.65, EASTING = 1,655,947.54, STATE PLANE COORDINATE SYSTEM, FLORIDA NORTH ZONE, NAD83); THENCE PROCEED S80°26'50"E FOR A DISTANCE 4777.47 FEET TO THE POINT OF BEGINNING (NORTHING = 454,406.81, EASTING = 1,660,658.77 STATE PLANE COORDINATE SYSTEM, FLORIDA NORTH ZONE, NAD83); THENCE PROCEED S68°30'20"E ALONG THE WESTERLY PROPERTY LINE OF THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2535, PAGE 2344 OF THE PUBLIC RECORDS OF BAY COUNTY FLORIDA, A DISTANCE OF 19.24 FEET; THENCE PROCEED S54°26'50"E ALONG SAID WESTERLY PROPERTY LINE FOR A DISTANCE OF 1505.33 FEET; THENCE DEPARTING SAID WESTERLY LINE PROCEED N59°00'14"W FOR A DISTANCE OF 58.82 FEET; THENCE PROCEED N54°26'50"W FOR A DISTANCE OF 1465.35 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.16 ACRES, MORE OR LESS. PROPOSED POWERSOUTH ENERGY COOPERATIVE TRANSMISSION LINE EASEMENT (WIDTH VARIES) A PARCEL OF LAND LYING IN SECTIONS 8, TOWNSHIP 3 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA; ALSO BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2905, PAGE 589 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 4"X4" CONCRETE MONUMENT LB# 2372, MARKING THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 12 WEST, BAY COUNTY, FLORIDA (NORTHING = 455,199.65, EASTING = 1,655,947.54, STATE PLANE COORDINATE SYSTEM, FLORIDA NORTH ZONE, NAD83); THENCE PROCEED S73°55'32"E FOR A DISTANCE 6544.19 FEET TO THE POINT OF BEGINNING (NORTHING = 453,387.67, EASTING = 1,662,235.87 STATE PLANE COORDINATE SYSTEM, FLORIDA NORTH ZONE, NAD83); THENCE PROCEED S79°49'00"E ALONG THE WESTERLY PROPERTY LINE OF THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2535, PAGE 2344 OF THE PUBLIC RECORDS OF BAY COUNTY FLORIDA, A DISTANCE OF 56.33 FEET; THENCE DEPARTING SAID WESTERLY PROPERTY LINE PROCEED S59°00'14"E FOR A DISTANCE OF 0.23 FEET; THENCE PROCEED S79°10'29"E FOR A DISTANCE OF 519.95 FEET TO A POINT ON AN EASTERLY EXTENSION OF THE NORTHERLY PROPERTY LINE OF THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 544, PAGE 574 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA; THENCE PROCEED S55°00'22"W ALONG SAID NORTHERLY PROPERTY LINE AND ITS EXTENSION FOR A DISTANCE OF 104.58 FEET; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE PROCEED N79°10'29"W FOR A DISTANCE OF 404.80 FEET TO THE EASTERLY LINE OF AN EXISTING 100' WIDE AEC RIGHT-OF-WAY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 870, PAGE 536 OF THE PUBLIC RECORDS OF BAY COUNTY, FLORIDA; THENCE PROCEED N42°10'50"W ALONG SAID EASTERLY EASEMENT LINE FOR A DISTANCE OF 123.72 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.98 ACRES, MORE OR LESS. Exhibit: Parcel 76 Description Party List Thomas B. Shelton 10221 Qual Covey Rd. Boynton Beach, Florida 33436 Florida Power & Light Company, a Florida corporation f/k/a Gulf Power Company Corporation Service Company, as Registered Agent for Florida Power & Light Company 1201 Hays Street Tallahassee, Florida 3230 Chuck Perdue Tax Collector Bay County 850 W 11th Street, Panama City, FL 32401 Any And All Unknown Parties, Tenants, Heirs & Beneficiaries In Possession And Any And All Other Person(s) Claiming Any Right, Title Or Interest In The Property Publication Dates LSAR0456320