Eminent domain action regarding property in Newberry, Alachua County.

NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING OF CONSTRUCTIVE SERVICE OF PROCESS IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, FAMILY SPARTANBURG, LLC, a Florida limited liability company; Dolgencorp, LLC, a Kentucky limited liability company, d/b/a Dollar General Store #8602; and JOHN POWER, Alachua County Tax Collector, Defendants. Case No. 2025-CA-3960 Div. J Parcels 115 and 715 NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING OF CONSTRUCTIVE SERVICE OF PROCESS STATE OF FLORIDA TO: To the above named Defendants and all said Defendants who are living, and if any or all Defendants are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under or against any such deceased Defendant or Defendants, 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 Defendant or Defendants, 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: Item # 2078502 Parcels 115/715 SR 26 Alachua County Section No. 26070 State Road No. 26 Alachua County F.P. No. 2078502 Parcel No. 115 Fee Simple Part A A Part Of Lot 7 Of Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, Lying In The Northeast Quarter Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida, More Particularly Described As Follows: Commence At The Nail And Disk Marked RLS 2047 Located At The Northeast Corner Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida; Thence South 012402 East Along The East Line Of The Northeast Quarter Of Said Section 4, A Distance Of 2412.20 Feet To The Baseline Of Survey Of N.W. 1 st Avenue (A 50 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502, Also Known As C Street, As Per Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida); Thence South 841746 West Along Said Baseline Of Survey, A Distance Of 799.12 Feet; Thence South 054217 East, Departing Said Baseline Of Survey, A Distance Of 25.00 Feet To The Intersection Of The Southerly Existing Right Of Way Line Of Said N.W. 1 st Avenue And The Easterly Existing Right Of Way Line Of N.W. 252 nd Street (A 50 Foot Right Of Way Also Known As Second Street, As Per Said Map Of Newberry) And The Northwest Corner Of Lot 7 Of Block 27 Of Said Map Of Newberry, And To The Point Of Beginning; Thence North 841746 East Along Said Southerly Existing Right Of Way Line, A Distance Of 34.76 Feet; Thence South 612442 West, A Distance Of 37.73 Feet To Said Easterly Existing Right Of Way Line Of N.W. 252 nd Street; Thence North 054217 West Along Said Easterly Existing Right Of Way Line, A Distance Of 14.67 Feet To The Point Of Beginning; Containing 255 Square Feet, More Or Less. ALSO: Part B A Part Of Lot 8 Of Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, Lying In The Northeast Quarter Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida, More Particularly Described As Follows: Commence At The Nail And Disk Marked RLS 2047 Located At The Northeast Corner Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida; Thence South 012402 East Along The East Line Of The Northeast Quarter Of Said Section 4, A Distance Of 2714.82 Feet To The East Quarter Corner Of Said Section 4; Thence South 012406 East Along The Easterly Line Of The Southeast Quarter Of Said Section 4, A Distance Of 3.37 Feet To The Baseline Of Survey Of State Road No. 26 (A 66 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502, Also Known As Main Street, As Per Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida); Thence South 841800 West Along Said Baseline Of Survey, A Distance Of 776.16 Feet; Thence North 054217 West, Departing Said Baseline Of Survey, A Distance Of 33.00 Feet To The Northerly Existing Right Of Way Line Of Said State Road No. 26 And The Southwest Corner Of Lot 8 Of Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, And To The Point Of Beginning; Thence Continue North 054217 West Along The Westerly Line Of Said Lot 8, A Distance Of 3.07 Feet; Thence South 560919 East, A Distance Of 4.82 Feet To Said Northerly Existing Right Of Way Line; Thence South 841800 West Along Said Northerly Existing Right Of Way Line, A Distance Of 3.72 Feet To The Point Of Beginning. Containing 6 Square Feet, More Or Less. Being a Part of Tax Parcel No. 02193-000-000 AND Section No. 26070 State Road No. 26 Alachua County F.P. No. 2078502 Parcel No. 715 Temporary Construction Easement A temporary construction easement for the purpose of driveway reconstruction and harmonization, tying in, conforming, harmonizing, and/or reconnecting existing grade, slope, pavement, drainage, utility, driveway, walkway, turnout, and/or other features located on or within the real property described below, with the construction undertaken by the Department on adjacent State Road No. 26, as part of the above-referenced financial project (collectively the Reconnection Work), together with related incidental purposes necessary to complete the Reconnection Work. Part A A Part Of Lots 6 & 7 Of Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, Lying In The Northeast Quarter Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida, More Particularly Described As Follows: Commence At The Nail And Disk Marked RLS 2047 Located At The Northeast Corner Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida; Thence South 012402 East Along The East Line Of The Northeast Quarter Of Said Section 4, A Distance Of 2412.20 Feet To The Baseline Of Survey Of N.W. 1 st Avenue (A 50 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502, Also Known As C Street, As Per Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida); Thence South 841746 West Along Said Baseline Of Survey, A Distance Of 728.67 Feet; Thence South 054214 East, Departing Said Baseline Of Survey, A Distance Of 25.00 Feet To The Southerly Existing Right Of Way Line Of Said N.W. 1 st Avenue, And To The Point Of Beginning; Thence Continue South 054214 East, A Distance Of 5.00 Feet; Thence South 841746 West, A Distance Of 47.53 Feet; Thence North 612442 East, A Distance Of 12.86 Feet To Said Southerly Existing Right Of Way Line; Thence North 841746 East Along Said Southerly Existing Right Of Way Line, A Distance Of 35.68 Feet To The Point Of Beginning. Containing 208 Square Feet, More Or Less. ALSO: Part B A Part Of Lots 5 & 6 Of Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, Lying In The Northeast Quarter Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida, More Particularly Described As Follows: Commence At The Nail And Disk Marked RLS 2047 Located At The Northeast Corner Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida; Thence South 012402 East Along The East Line Of The Northeast Quarter Of Said Section 4, A Distance Of 2412.20 Feet To The Baseline Of Survey Of N.W. 1 st Avenue (A 50 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502, Also Known As C Street, As Per Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida); Thence South 841746 West Along Said Baseline Of Survey, A Distance Of 702.64 Feet; Thence South 054214 East, Departing Said Baseline Of Survey, A Distance Of 25.00 Feet To The Southerly Existing Right Of Way Line Of Said N.W. 1 st Avenue, And To The Point Of Beginning; Thence North 841746 East Along Said Southerly Existing Right Of Way Line, A Distance Of 36.00 Feet; Thence South 054214 East, A Distance Of 5.00 Feet; Thence South 841746 West, A Distance Of 36.00 Feet; Thence North 054214 West, A Distance Of 5.00 Feet To The Point Of Beginning. Containing 180 Square Feet, More Or Less. ALSO: Part C A Part Of Lots 8 & 9 And The Alley In Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, Lying In The Northeast Quarter Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida, More Particularly Described As Follows: Commence At The Nail And Disk Marked RLS 2047 Located At The Northeast Corner Of Section 4, Township 10 South, Range 17 East, City Of Newberry, Alachua County, Florida; Thence South 012402 East Along The East Line Of The Northeast Quarter Of Said Section 4, A Distance Of 2714.82 Feet To The East Quarter Corner Of Said Section 4; Thence South 012406 East Along The Easterly Line Of The Southeast Quarter Of Said Section 4, A Distance Of 3.37 Feet To The Baseline Of Survey Of State Road No. 26 (A 66 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502, Also Known As Main Street, As Per Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida); Thence South 841800 West Along Said Baseline Of Survey, A Distance Of 776.16 Feet; Thence North 054217 West, Departing Said Baseline Of Survey, A Distance Of 110.60 Feet To The Westerly Line Of Lot 8 Of Block 27 Of Map Of Newberry, A Subdivision, As Per Plat Book A, Page 129 Of The Public Records Of Alachua County, Florida, And To The Point Of Beginning; Thence Continue North 054217 West Along Said Westerly Line, A Distance Of 44.25 Feet; Thence North 841659 East, A Distance Of 5.00 Feet; Thence South 054217 East, A Distance Of 44.25 Feet; Thence South 841659 West, A Distance Of 5.00 Feet To The Point Of Beginning. Containing 221 Square Feet, More Or Less. THIS EASEMENT shall be for a period of ninety-six (96) months commencing on the date the State of Florida Department of Transportation becomes the owner of this easement. Being a Part of Tax Parcel No. 02193-000-000 A petition in eminent domain has been filed to acquire certain property interests in Alachua County, Florida. Each Defendant is required to serve written defenses to the petition on Petitioners attorney, whose name and address are shown below, on or before February 26, 2026 and to file the original of the defenses with the clerk of this court either before service on Petitioners attorney or immediately thereafter, showing what right, title, interest or lien Defendant 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 Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the petition. PLEASE TAKE NOTICE that a declaration of taking has been filed in this cause and that Petitioner will apply for an Order of Taking and any other order the court deems proper before the Honorable Donna M. Keim , one of the Judges of this Court, on March 18, 2026, at 10:15 a.m. , (1 hour reserved) in hearing room 416 at the Alachua Family and Civil Justice Center, 201 East University Avenue, Gainesville, Florida. All Defendants to this suit may request a hearing at the time and place designated and be heard at the time and place designated and be heard. Any Defendant failing to file a request for hearing shall waive any right to object to the Order of Taking. WITNESS MY HAND AND SEAL of this Court on the 13th day of January, 2026. J.K. JESS IRBY, ESQ. CLERK OF THE CIRCUIT COURT ALACHUA COUNTY, FLORIDA By: F. Thomas, Deputy Clerk Brian D. Shear, Esq. Florida Department of Transportation 1109 S. Marion Avenue, MS 2009 Lake City, Florida 32025-5874 Telephone: 386/961-7843 Brian.Shear@dot.state.fl.us January 21, 28, 2026