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-001978-AX
DUKE ENERGY FLORIDA, LLC, a Florida limited liability company, d/b/a Duke Energy,
Petitioner,
v.
JMSB FAMILY PARTNERS I, LLLP, a Florida limited liability limited partnership; STATE ROAD PROPERTIES, INC., a Florida corporation, Assignee, its successors and assigns; INTERNATIONAL ASSOCIATES DEVELOPMENT CORPORATION, a Florida corporation (Inactive), its successors and assigns; FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida; TEAM KCP, 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 October 31, 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 Tuesday, December 2, 2025 at 1:30 pm (30 minutes reserved) via Zoom before the Honorable Steven G. Rogers 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
Meeting ID: 986 1145 8564
Passcode: 041285
Telephone: 786-635-1003
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 Monday, December 22, 2025, at 9:00 am (2 hours reserved) before the Honorable Steven G. Rogers at the Marion County Courthouse located at 110 NW First Avenue, Courtroom 2A, 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 11th day of September, 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: September 5, 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 152 (AF)
OWNERS AND ENCUMBRANCES:
JMSB Family Partners I, LLLP, 8680 SW Hwy 200, Ocala, FL 34481: Fee Simple Owner by virtue of that certain Corrective Special Warranty Deed recorded on 04/25/2008, in O.R. Book 5024, Page 1126, in the Official Records of Marion County, Florida.
State Road Properties, Inc., a Florida corporation, Assignee, 13727 SW 152 Street, # 113, Miami, FL 33177: Mortgage and Security Agreement recorded in O.R. Book 5027, Page 1855; Collateral Assignment of Leases and Rents and Security Agreement recorded in O.R. Book 5027, Page 1865; as assigned by Assignment of Mortgage recorded in O.R. Book 5300, Page 1047 and Assignment of Loan Documents recorded in O.R. Book 5304, Page 1453, all 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: Declaration of Restrictive Covenant recorded in O.R. Book 2715, Page 1219, and Declaration of Restrictive Covenant recorded in O.R. Book 2715, Page 1223, 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 157 (AF)
OWNERS AND ENCUMBRANCES:
Team KCP, LLC, 16 Trilby Branch Road, Longwood, FL 32779: Fee Simple Owner by virtue of that certain Warranty Deed recorded on recorded on 03/01/2018, in O.R. Book 6724, Page 1654, in the Official Records of Marion County, Florida.
Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399: Storm Sewer Easement and Maintenance of Road Right of Way as recorded in that certain Final Judgment recorded in O.R. Book 2748, Page 377, Case No. 98-1542-CA, in the Official Records of Marion County. Florida.
Unknown Beneficiaries: Covenant for Future Shared Access Easement recorded in O.R. Book 7822, Page 473, in the Official Records of Marion County, Florida.
Unknown Beneficiaries: Ingress and Egress Easement as contained in that certain Warranty Deed recorded in O.R. Book 811, Page 635, 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 152 (AF)
Parcel #35676-000-00
A portion of a parcel recorded in Official Records Book 5024, Page 1126, public records of Marion County, Florida, lying in Section 18, Township 16 South, Range 21 East, being described as follows:
Parcel A
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 95.84 feet to the west line of said parcel; thence South 00°18'01" West, along the west line of said parcel, a distance of 43.76 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 213.94 feet to the south line of a parcel recorded in Official Records Book 2715, Page 1232, public records of Marion County, Florida; thence South 48°49'10" East, along the south line of said parcel, a distance of 20.08 feet; thence South 42°12'29" West, a distance of 234.97 feet to the west line of said parcel; thence North 00°18'01" East, along the west line of said parcel recorded in Official Records Book 4851, Page 835, a distance of 27.78 feet to the Point of Beginning.
Contains 0.10 acre (4,328 Square Feet), more or less.
Parcel B
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 95.84 feet to the west line of said parcel recorded in Official Records Book 4851, Page 835; thence South 00°18'01" West, along the west line of said parcel, a distance of 43.76 feet to the east line of an easement recorded in Official Records Book 81, Page 349, public records of Marion County, Florida; thence North 41°48'08" East, along the east line of said easement, a distance of 254.38 feet to the north line of a parcel recorded in Official Records Book 2715, Page 1232, public records of Marion County, Florida, and the Point of Beginning; thence continue North 41°48'08" East, along the east line of said easement, a distance of 168.20 feet to the east line of said parcel recorded in Official Records Book 4851, Page 835; thence South 00°25'55" West, along the east line of said parcel, a distance of 30.52 feet; thence South 41°34'41" West, a distance of 110.66 feet; thence South 42°12'29" West, a distance of 34.64 feet to the north line of said parcel recorded in Official Records Book 2715, Page 1232; thence North 48°11'52" West, along the north line of said parcel, a distance of 20.36 feet to the Point of Beginning.
Contains 0.07 acre (3,197 Square Feet), more or less.
Parcel 157 (AF)
Parcel #35639-005-02
A portion of a parcel recorded in Official Records Book 6467, Page 457, 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 the east line of said right-of-way, a distance of 1096.60 feet to the east line of said parcel; thence South 00°24'27" West, along the east line of said parcel, a distance of 47.16 feet to the Point of Beginning; thence continue South 00°24'27" West, along the east line of said parcel, a distance of 26.17 feet; thence South 41°38'21" West, a distance of 347.74 feet; thence South 41°59'00" West, a distance of 402.62 feet to the west line of said parcel; thence South 41°45'22" West, a distance of 163.12 feet to the west line of said parcel; thence North 00°12'22" West, along the west line of said parcel, a distance of 25.63 feet to the east line of an existing Florida Power Corporation easement recorded in Official Records Book 1209, Page 1905, public records of Marion County, Florida; thence North 41°48'08" East, along the east line of said easement, a distance of 914.05 feet to the Point of Beginning.
Contains 0.37 acre (16,091 Square Feet), more or less.
AERIAL FACILITIES EASEMENTS
With respect to the Aerial Facilities Easements for the Ross Prairie-Shaw 230kV Transmission Line, referred to hereinabove for Parcels 152(AF) and 157(AF), 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 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 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.
September 16, 23 2025
LSAR0369610