IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION NO.:
2026-CA-000456
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,
Petitioner,
vs. Parcel No.: 203-820
SBA TOWERS, LLC, a Florida limited liability Company; VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless f/k/a Primeco Personal Communications, Limited Partnership, a Delaware limited partnership; NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, f/k/a AT&T Wireless PCS, LLC, successor by merger with BellSouth Mobility, LLC, a Georgia limited liability company d/b/a Cingular Wireless formerly known as BellSouth Mobility, Inc., a Georgia corporation; T-MOBILE SOUTH, LLC, a Delaware limited liability company, as successor in interest to SprintCom LLC, a Kansas limited liability company, successor by merger with SprintCom, Inc., a Kansas corporation;
MARION COUNTY TAX COLLECTOR, et al.
Respondents.
NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
STATE OF FLORIDA TO:
VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless f/k/a Primeco Personal Communications, Limited Partnership, a Delaware limited partnership
One Verizon Way
Basking Ridge NJ 07920
To all said respondents who are living, and if any or all respondents are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased respondent or respondents, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased respondent or respondents, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to-wit:
Parcel No. 203 SECTION 36210
FEE SIMPLE FP 443623-1 & 452074-2
Right of Way
That portion of:
The northwest 1/4 of Section 23, Township 16 South, Range 21 East, Marion County, Florida, lying south and east of State Road 93.
Being a portion of the lands described in official records book 7479, page 1435, public records of Marion County, Florida.
Described as follows:
Commence at a nail and disk marked “PCP 2418” at the north quarter corner of Section 23, Township 16 South, Range 21 East, as shown on Florida Department of Transportation Right of Way Map, Section 36210, Financial Project number 443623-1 & 452074-2; thence North 89°30’05” West along the north line of the northwest 1/4 of said Section 23, a distance of 1509.14 feet to the existing easterly right of way line of State Road 93; thence South 00°22’59” West along said existing easterly right of way line, 600.00 feet; thence North 89°30’05” West, along said existing easterly right of way line, 432.24 feet to the POINT OF BEGINNING; thence departing said existing easterly right of way line South 00°22’59” West, 680.65 feet; thence South 29°20’26” West, 73.25 feet; thence South 89°59’59” West, 332.31 feet to an intersection with the existing easterly limited access right of way line of State Road 93; thence North 00°22’59” East along said existing easterly limited access right of way line, 747.70 feet to the end of said existing limited access right of way line and the beginning of said existing easterly right of way line; thence South 89°30’05” East along said existing easterly right of way line, 367.76 feet to the POINT OF BEGINNING.
Containing 6.273 acres, more or less.
A perpetual right of way easement for the purpose of clearing, excavating, constructing, operating, and maintaining for a public road with all such fills, cuts, drains, ditches and other incidents which the grantee may deem necessary or convenient in connection therewith, such other incidents to include, but not necessarily be limited to, any and all activities of grantee and third parties as may be expressly or impliedly authorized under the Florida Transportation Code, in, over, under, upon and through the following described land in Marion County, Florida
PARCEL NO. 820 SECTION 36210
PERPETUAL RIGHT OF WAY EASEMENT FP 443623-1 & 452074-2
That portion of:
The northwest 1/4 of Section 23, Township 16 South, Range 21 East, Marion County, Florida, lying south and east of State Road 93.
(Being a portion of the lands described in official records book 7479, page 1435, public records of Marion County, Florida.)
Described as follows:
Commence at a nail and disk marked “PCP 2418” at the north quarter corner of Section 23, Township 16 South, Range 21 East, as shown on Florida Department of Transportation Right of Way Map, Section 36210, Financial Project number 443623-1 & 452074-2; thence North 89°30’05” West along the north line of the northwest 1/4 of said Section 23, a distance of 1509.14 feet to the existing easterly right of way line of State Road 93; thence South 00°22’59” West along said existing easterly right of way line, 600.00 feet; thence North 89°30’05” West, along said existing easterly right of way line, 400.00 feet to an intersection with a northerly prolongation of the east line of the lands described in official records book 7479, page 1435, public records of Marion County, Florida, said intersection also being the POINT OF BEGINNING; thence departing said existing easterly right of way line South 00°22’59” West along said east line and northerly prolongation thereof, 387.76 feet; thence departing said east line North 89°37’01” West, 32.24 feet; thence North 00°22’59” East 387.83 feet to an intersection with said existing easterly right of way line; thence South 89°30’05” East along said existing easterly right of way line, 32.24 feet to the POINT OF BEGINNING.
Containing 12,501 square feet, more or less.
You are each notified that the Petitioner filed its sworn Petition in Eminent Domain and its Declaration of Taking in this Court against you as respondents, seeking to condemn by eminent domain proceedings the above-described property located in the State of Florida, County of Marion.
You are further notified that the Petitioner will apply to the Honorable Robert W. Hodges, one of the Judges of this Court, at the Marion County Judicial Center located at Marion County Judicial Center, 110 N.W. 1st Avenue, Ocala, Florida 34475, on the 10th day of June 2026, at 10:30 a.m., for an Order of Taking in this cause. All respondents to this suit 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.
AND
Each respondent is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
State of Florida, Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
c/o Aniska Joseph, Esquire
Senior Attorney
(386) 943-5497
You have 30 calendar days after this summons is served on you to file your written defenses and request for hearing with the Clerk of this Court either before service on Petitioner's Attorney or immediately thereafter, to show what right, title, interest or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes as set forth in the Petition. If you fail to answer a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking.
WITNESS MY HAND AND SEAL of said Court on the 2nd day of April, 2026.
CLERK OF THE CIRCUIT COURT
By: /s/Gregory C Harrell
Deputy Clerk
(S E A L)
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5/1/2026