Eminent domain action regarding property in Newberry, Alachua County for construction purposes.

SECOND AMENDED NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING OF CONSTRUCTIVE SERVICE OF PROCESS IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR ALACHUA COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, VS. Petitioner, The Estate of Joseph E. Hunt, Jr., all Heirs, Beneficiaries, Devisees, Legatees, Spouses, and Creditors of Joseph E. Hunt Jr., Assembly Tax 36, LLC, and John Power, Alachua County Tax Collector, Defendants. Case No.: 2025CA003119 Parcels: 169/769 SECOND AMENDED 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 169-769 SR 26 Alachua County Section No. 26070 State Road No. 26 Alachua County F.P. No. 2078502 Parcel No. 169 "Fee Simple A Part Of Lots 6 And 7 Of Block 7 Of J.D. Hodge's First Addition To Newberry, A Subdivision, As Per Plat Book A, Page 87 Of The Public Records Of Alachua County, Florida, Lying In The Northwest 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 01 24'02" 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. 1st 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 And Also J.D. Hodge's First Addition To Newberry, A Subdivision, As Per Plat Book A, Page 87 Of The Public Records Of Alachua County, Florida); Thence South 8417'46" West Along Said Baseline Of Survey, A Distance Of 2988.84 Feet; Thence North 0541'47" West, Departing Said Baseline Of Survey, A Distance Of 25.00 Feet To The Northerly Existing Right Of Way Line Of N.W. 1st Avenue (A 50 Foot Right Of Way, Also Known As C Street, As Per Said J.D. Hodge's First Addition To Newberry), And To The Point Of Beginning; Thence Continue North 0541'47" West, A Distance Of 15.09 Feet; Thence North 84 18'39" East, A Distance Of 45.56 Feet To The Easterly Line Of Lot 5 Of Block 7 Of Said J.D. Hodge's First Addition; Thence South 0541'21" East Along Said Easterly Line, A Distance Of 5.00 Feet; Thence North 84 18'39" East, A Distance Of 39.44 Feet; Thence South 0541 '47" East, A Distance Of 10.07 Feet To Said Northerly Existing Right Of Way Line Of N.W. 1st Avenue; Thence South 84 17'46" West Along Said Northerly Existing Right Of Way Line, A Distance Of 85.00 Feet To The Point Of Beginning. Containing 1,085 Square Feet, More Or Less. Being a Part of Tax Parcel No. 02467-002-002 AND Section No. 26070 F.P. No. 2078502 Parcel No. 169 State Road No. 26 Alachua County 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. A Part Of Lot 6 Of Block 7 Of J.D. Hodge's First Addition To Newberry, A Subdivision, As Per Plat Book A, Page 87 Of The Public Records Of Alachua County, Florida, Lying In The Northwest Quarter Of Section 4, Township 1 O 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 01 24'02" 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. 1st 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 And Also J.D. Hodge's First Addition To Newberry, A Subdivision, As Per Plat Book A, Page 87 Of The Public Records Of Alachua County, Florida); Thence South 8417'46" West Along Said Baseline Of Survey, A Distance Of 2988.84 Feet; Thence North 0541'47" West, Departing Said Baseline Of Survey, A Distance Of 25.00 Feet To The Northerly Existing Right Of Way Line Of N.W. 1st Avenue (A 50 Foot Right Of Way, Also Known As C Street, As Per Said J.D. Hodge's First Addition To Newberry); Thence Continue North 0541 '47" West, A Distance Of 15.09 Feet To The Point Of Beginning; Thence Continue North 0541'47" West, A Distance Of 5.00 Feet; Thence North 8418'39" East, A Distance Of 25.63 Feet; Thence South 05 41 '21" East, A Distance Of 5.00 Feet; Thence South 84 18'39" West, A Distance Of 25.63 Feet To The Point Of Beginning. Containing 128 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. 02467-002-002 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 Petitioner's attorney, whose name and address are shown below, on or before February 24, 2026, and to file the original of the defenses with the clerk of this court either before service on Petitioner's 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 Gloria Walker, one of the Judges of this Court, on Thursday, May 21st, 2026, at 2:00 p.m., (1 hour reserved) via Zoom conferencing (https://zoom.us/j/99551623840, Meeting ID: 995 5162 3840; Mobile 1-786-635-1003). All Defendants to this suit may request a hearing 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 9th day of JANUARY 2026. Wynn S. Vickers 110 North Magnolia Avenue Ocala, Florida 34475 (800) 705-5457 Telephone wynn@dhclawyers.com samantha@dhclawyers.com J.K. "Jess" Irby, Esq. CLERK OF THE CIRCUIT COURT ALACHUA COUNTY, FLORIDA CIRCUIT ALACHUA COUNTY By Franita Thomas Deputy Clerk January 21, 28, 2026