Notice of eminent domain action and hearing for property in Newberry.

AMENDED 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
Case No. 2025-CA-3613
Parcels 108 and 708
STATE OF FLORIDA
DEPARTMENT
OF TRANSPORTATION,
Petitioner,
VS
LARRY W. TROTTER; OZIFA BAGUM; and JOHN POWER,
Alachua County Tax Collector,
Defendants.
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 108, 708
SR 26 Alachua County
Section No. 26070
State Road No. 26
Alachua County
F.P. No. 2078502
Parcel No. 108
Fee Simple
"2025 CA 003613" 242927715 Filed at Alachua County Clerk 03/03/2026 11:24:30 AM EST A Part Of Lot 1 Of Block 28 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 0124'02" 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 Of The Public Records Of Alachua County, Florida); Thence South 8417'46" West Along Said Baseline Of Survey, A Distance Of 41.84 Feet; Thence South 0114'01" East, Departing Said Baseline Of Survey, A Distance Of 25.08 Feet To The Intersection Of The Westerly Existing Right Of Way Line Of State Road No. 45 (U.S. 27/41) (A 100 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502) And The Southerly Existing Right Of Way Of Said N.W. 1st Avenue, And The Northeast Corner Of Lot 1 Of Block 28 Of Said Map Of Newberry, And To The Point Of Beginning; Thence Continue South 01'14'01" East Along Said Westerly Existing Right Of Way Line Of State Road No. 45, A Distance Of 24.31 Feet; Thence North 4828'30" West, A Distance Of 33.01 Feet To Said Southerly Existing Right Of Way Line Of N.W. 1st Avenue; Thence North 8417'46" East Along Said Southerly Existing Right Of Way Line, A Distance Of 24.31 Feet To The Point Of Beginning;
Containing 295 Square Feet, More Or Less.
Being a Part of Tax Parcel No. 02195-000-000
Section No. 26070
F.P. No. 2078502
Parcel No. 708
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.
Part "A"
A Part Of Lots 2 & 3 Of Block 28 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 0124'02" 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 Of The Public Records Of Alachua County, Florida); Thence South 8417'46" West Along Said Baseline Of Survey, A Distance Of 175.48 Feet; Thence South 0542'14" East, Departing Said Baseline Of Survey, A Distance Of 25.00 Feet To The Southerly Existing Right Of Way Line Of Said N.W. 1st Avenue, And To The Point Of Beginning; Thence North 8417'46" East Along Said Southerly Existing Right Of Way Line, A Distance Of 32.00 Feet; Thence South 0542'14" East, A Distance Of 5.00 Feet; Thence South 8417'46" West, A Distance Of 32.00 Feet; Thence North 0542'14" West, A Distance Of 5.00 Feet To The Point Of Beginning.
Containing 160 Square Feet, More Or Less.
ALSO:
Part "B"
A Part Of Lot 1 Of Block 28 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 0124'02" 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 Of The Public Records Of Alachua County, Florida); Thence South 8417'46" West Along Said Baseline Of Survey, A Distance Of 41.84 Feet; Thence South 0114'01" East, Departing Said Baseline Of Survey, A Distance Of 49.39 Feet To The Westerly Existing Right Of Way Line Of State Road No. 45 (U.S. 27/41 (A 100 Foot Right Of Way, As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 2078502), And To The Point Of Beginning; Thence Continue South 0114'01" East Along Said Westerly Existing Right Of Way Line, A Distance Of 99.63 Feet; Thence South 8417'53" West, A Distance Of 3.01 Feet; Thence North 0114'01" West, A Distance Of 102.64 Feet; Thence South 4828'30" East, A Distance Of 4.09 Feet To The Point Of Beginning;
Containing 303 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. 02195-000-000
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 Petitioner's attorney, whose name and address are shown below, on or before April 1, 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 George M. Wright, one of the Judges of this Court, on Wednesday, April 29, 2026, at 10:00 a.m., (one hour is reserved), in Courtroom TBD at the Alachua County Courthouse. 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 6th day of MARCH 2026.
J.K. "Jess" Irby, Esq. CLERK OF THE CIRCUIT COURT ALACHUA COUNTY, FLORIDA
By Frarita Thomas
Deputy Clerk
J.K. "JESS" IRBY, ESQ.
CLERK OF THE CIRCUIT COURT
CIVIL DIVISION
201 E UNIVERSITY AVE
GAINESVILLE, FL 32601
Brian D. Toreky Esq.
Florida Department of Transportation
Office of General Counsel
1109
S. Marion Avenue, MS 2008 Lake City, Florida 32025-5874
Telephone: (386)961-7530 Brian.Toreky@dot.state.fl.us
Cynthia.Lavin@dot.state.fl.us
April 15, 22, 2026