Eminent domain petition filed for property acquisition in Bay County.

2179107
IN THE FOURTEENTH JUDICIAL CIRCUIT COURT
IN AND FOR BAY COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,
Petitioner,
v
Cook Whitehead Ford, Inc., a Florida Profit
Corporation,
Charles A. Whitehead Foundation Inc., a Florida Not
for Profit Corporation,
Autonation, Inc., a Foreign Profit Corporation,
Dan Sowell, CFA, Bay County Property Appraiser,
Chuck Perdue, Bay County Tax Collector, and
City of Panama City, Florida,
Respondents.
Civil Action No: 26-CA-304
Parcel Nos: 117 and 702
109 and 700
NOTICE OF ACTION IN EMINENT DOMAIN
AND NOTICE OF HEARING
TO: All Respondents named in Schedule A, attached; all parties claiming interests by, through, under, or against any 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 certain property interests in Bay County, Florida.
Each Respondent and any and all parties claiming any interest are required to serve written defenses to the petition on petitioners attorney, whose name and address are shown below, on or before May 1, 2026, and to file the original of the defenses with the clerk of this court either before service on the petitioners 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 or any party claiming any interest fails to do so, a default will be entered against them 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 Honorable James J. Goodman, Jr., one of the judges of this court, on Monday, June 22, 2026, at 9:00 a.m. Central Time, via Zoom conference. Zoom log in information https://zoom.us/j/6159006238Meeting ID: 615 900 6238. One tap mobile +13126266799,,6159006238# US (Chicago) +16465588656,,6159006238# US (New York), Dial by your location +1 312 626 6799 US (Chicago), +1 646 558 8656 US (New York), +1 346 248 7799 US (Houston), +1 669 900 9128 US (San Jose), +1 253 215 8782 US, +1 301 715 8592 US, Meeting ID: 615 900 6238. Find your local number: https://zoom.us/u/aqoLdum1a. Join by SIP 6159006238@zoomcrc.com. Join by H.323, 162.255.37.11 (US West), 162.255.36.11 (US East), 221.122.88.195 (China), 115.114.131.7 (India Mumbai) 115.114.115.7 (India Hyderabad) 213.19.144.110 (EMEA), 103.122.166.55 (Australia), 209.9.211.110 (Hong Kong), 64.211.144.160 (Brazil), 69.174.57.160 (Canada), 207.226.132.110 (Japan), Meeting ID: 615 900 6238.
All Respondents and any and all parties claiming any interest in this action may request a hearing at the time and place designated and be heard. Any Respondent or party claiming any interest failing to file a request for hearing shall waive any right to object to the Order of Taking.
WITNESS my hand and the seal of this court on .
Bill Kinsaul As Clerk of the Court
By: Deputy Clerk
Erin Oliver
Florida Bar No: 0021177
Assistant General Counsel
Office of the General Counsel
Florida Department of Transportation - District 3
1074 Highway 90 East
Chipley, Florida 32428-2162
Telephone (850) 330-1293
Facsimile (850) 330-1758
Erin.Oliver@dot.state.fl.us
Sheila.Hall@dot.state.fl.us
D3.Litigation@dot.state.fl.us
Schedule A
State of Florida Department of Transportation vs Cook Whitehead Ford, Inc., et. al.
SERVICE LIST
Chuck Perdue, Bay County Tax Collector
SERVE Chuck Perdue, Bay County Tax Collector
850 W. 11th Street
Panama City, Florida 32401
As to interest in and to any parcel included herein.
Dan Sowell, CFA, Bay County Property Appraiser
SERVE Dan Sowell, CFA, Bay County Property Appraiser
860 W. 11th Street
Panama City, Florida 32401
As to interest in and to any parcel included herein.
City of Panama City, Florida
SERVE Allan Branch, Mayor
501 Harrison Ave.
Panama City, Florida 32402
As to interest in and to any parcel included herein.
Cook Whitehead Ford, Inc., a Florida Profit Corporation
SERVE Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, Florida 32301-2525
Parcel Nos: 117 and 702
Parcel Nos: 109 and 700
AutoNation, Inc., a Foreign Profit Corporation
SERVE Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, Florida 32301
Parcel Nos: 117 and 702
Parcel Nos: 109 and 700
Charles A. Whitehead Foundation, Inc., a Florida Not for Profit Corporation
SERVE Joe W. Fixel, Esquire
Fixel Law Firm
211 South Gadsden Street
Tallahassee, Florida 32301
and
Edward A. Hutchinson Jr., Esquire
BurkeBlue
221 McKenzie Avenue
Panama City, Florida 32401-3128
whutchison@burkeblue.com
Parcel Nos: 109 and 700
Schedule B
ITEM NO.2179107    S.R. 75 (US 231)    BAY COUNTY    DESCRIPTION
                                                        FEE SIMPLE
                                                      RIGHT OF WAY
Parcel 117
A parcel of land being in the Southwest  of Section 32, Township 3 South, Range 14 West, Bay County, Florida, being described as follows: Commence at a nail and disk (stamped SSMC LB 2108), marking the northwest corner of said Southwest ; thence South 012034 West 2,644.29 feet along the west line of said Section 32, to the south line of said Section 32 and the centerline of survey of State Road 30A (U.S. 98/15th Street) as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2179107 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 885446 East 1,126.96 feet along said centerline of survey (south line of said Section 32); thence departing said centerline of survey (south line of said Section 32), North 010514 East 40.00 feet to the intersection of the existing northerly right of way line of State Road 30A as shown on said Right of Way Map with that certain boundary line described in Official Records Book 741, Page 382 and Official Records Book 742, Page 421 of the Public Records of Bay County, Florida and POINT OF BEGINNING; thence North 003100 East 23.10 feet along said boundary line; thence departing said boundary line, South 864243 East 220.59 feet to a point on a non-tangent curve to the left (concave northerly); thence from a tangent bearing of South 843851 East, run easterly along said curve, having a radius of 11,438.16 feet, for a distance of 220.73 feet, through a central angle of 010620 to the westerly line of that certain property as described in Official Records Book 1708, Page 1677 of said Public Records; thence South 002200 West 0.34 feet along said westerly property line to said existing northerly right of way line of State Road 30A; thence North 885446 West 440.46 feet along said existing northerly right of way line to POINT OF BEGINNING;
Containing 5,726 square feet, more or less.
OWNED BY: Cook Whitehead Ford, Inc., a Florida Profit Corporation
SUBJECT TO: Business Interest, if any, in favor of AutoNation, Inc., a Foreign Profit Corporation
ITEM NO. 2179107     S.R. 75 (US 231)    BAY COUNTY    DESCRIPTION
                                         TEMPORARY CONSTRUCTION
                                                          EASEMENT
Parcel 702
A. A parcel of land being in the Southwest  of Section 32, Township 3 South, Range 14 West, Bay County, Florida, being described as follows: Commence at a nail and disk (stamped SSMC LB 2108), marking the northwest corner of said Southwest ; thence South 012034 West 2,644.29 feet along the west line of said Section 32, to the south line of said Section 32 and the centerline of construction of State Road 30A (U.S. 98/15th Street) as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2179107 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 885446 East 773.32 feet along said centerline of construction (south line of said Section 32) to a point of tangent curve to the right (concave southerly); thence easterly along said centerline of construction and said curve, having a radius of 7,639.44 feet, for a distance of 350.27 feet, through a central angle of 023737 to end of curve; thence departing said centerline of construction, North 034251 East 71.21 feet to the POINT OF BEGINNING on that certain boundary line described in Official Records Book 741, Page 382 and Official Records Book 742, Page 421 of the Public Records of Bay County, Florida; thence North 003100 East 8.81 feet along said boundary line to a point on a non-tangent curve to the right (concave southerly); thence departing said boundary line and from a tangent bearing of South 861722 East, run easterly along said curve, having a radius of 7,719.44 feet, for a distance of 4.34 feet, through a central angle of 000156 to end of curve; thence South 390714 East 11.87 feet; thence North 864243 West 11.92 feet to POINT OF BEGINNING;
Containing 71 square feet, more or less.
ALSO:
B. A parcel of land being in the Southwest  of Section 32, Township 3 South, Range 14 West, Bay County, Florida, being described as follows: Commence at a nail and disk (stamped SSMC LB 2108), marking the northwest corner of said Southwest ; thence South 012034 West 2,644.29 feet along the west line of said Section 32, to the south line of said Section 32 and the centerline of construction of State Road 30A (U.S. 98/15th Street) as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2179107 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 885446 East 773.32 feet along said centerline of construction (south line of said Section 32) to a point of tangent curve to the right (concave southerly); thence easterly along said centerline of construction and said curve, having a radius of 7,639.44 feet, for a distance of 504.08 feet, through a central angle of 034650 to end of curve; thence departing said centerline of construction, North 045204 East 73.92 feet to the POINT OF BEGINNING; thence continue North 045204 East 13.08 feet to a point on a non-tangent curve to the right (concave southerly); thence from a tangent bearing of South 850756 East, run easterly along said curve, having a radius of 7,726.44 feet, for a distance of 54.61 feet, through a central angle of 002418 to end of curve; thence South
Continued
ITEM NO. 2179107 S.R. 75 (US 231) BAY COUNTY DESCRIPTION
TEMPORARY CONSTRUCTION
EASEMENT
Parcel 702 (cont.)
051622 West 11.38 feet; thence North 864243 West 54.55 feet to POINT OF BEGINNING;
Containing 669 square feet, more or less.
ALSO:
C. A parcel of land being in the Southwest  of Section 32, Township 3 South, Range 14 West, Bay County, Florida, being described as follows: Commence at a nail and disk (stamped SSMC LB 2108), marking the northwest corner of said Southwest ; thence South 012034 West 2,644.29 feet along the west line of said Section 32, to the south line of said Section 32 and the centerline of construction of State Road 30A (U.S. 98/15th Street) as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2179107 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 885446 East 773.32 feet along said centerline of construction (south line of said Section 32) to a point of tangent curve to the right (concave southerly); thence easterly along said centerline of construction and said curve, having a radius of 7,639.44 feet, for a distance of 657.65 feet, through a central angle of 045557 to end of curve; thence departing said centerline of construction, North 060111 East 76.74 feet to the POINT OF BEGINNING; thence North 045409 East 21.00 feet to a point on a non-tangent curve to the left (concave northerly); thence from a tangent bearing of South 850551 East, run easterly along said curve, having a radius of 11,417.16 feet, for a distance of 59.78 feet, through a central angle of 001800 to end of curve; thence South 043609 West 21.00 feet to a point on a non-tangent curve to the right (concave northerly); thence from a tangent bearing of North 852351 West, run westerly along said curve, having a radius of 11,438.16 feet, for a distance of 59.89 feet, through a central angle of 001800 to end of curve and POINT OF BEGINNING;
Containing 1,257 square feet, more or less.
This easement is a Temporary Easement for the purposes of constructing the project according to the current construction plans, in upon, over and through the described land in Bay County, Florida. This Temporary Easement shall expire upon completion of this transportation project, but in no event later than one hundred twenty (120) months commencing on the date of the good faith deposit.
OWNED BY: Cook Whitehead Ford, Inc., a Florida Profit Corporation
SUBJECT TO: Business Interest, if any, in favor of AutoNation, Inc., a Foreign Profit Corporation
ITEM NO. 2179107    S.R. 75 (US 231)    BAY COUNTY    DESCRIPTION
                                                         FEE SIMPLE
                                                      RIGHT OF WAY
Parcel 109
A parcel of land being in the Southwest  of the Southwest  of Section 32, Township 3 South, Range 14 West, Bay County, Florida, being described as follows: Commence at a nail and disk (stamped SSMC LB 2108), marking the northwest corner of the Southwest  of said Section 32; thence South 012034 West 2,644.29 feet along the west line of said Section 32, to the south line of said Section 32 and the centerline of construction of State Road 30A (U.S. 98/15th Street) as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2179107 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 885446 East 30.47 feet along said centerline of construction (south line of said Section 32); thence departing said centerline of construction (south line of said Section 32), North 010514 East 100.00 feet to the POINT OF BEGINNING on the existing easterly right of way line of Balboa Avenue (city street right of way), as shown on said Right of Way Map; thence departing said easterly right of way line, South 405143 East 44.40 feet; thence South 885446 East 450.17 feet to the southwesterly right of way line of the Bay Line Railroad, as shown on said Right of Way Map; thence South 444839 East 38.80 feet along said railroad right of way to the existing northerly right of way line of State Road 30A, as shown on said Right of Way Map; thence North 885446 West 507.98 feet along said existing northerly right of way line of State Road 30A to said existing easterly right of way line of Balboa Avenue; thence North 012034 East 60.04 feet along said existing easterly right of way line of Balboa Avenue to POINT OF BEGINNING;
Containing 13,831 square feet, more or less.
OWNED BY: Charles A. Whitehead Foundation, Inc., a Florida Not for Profit Corporation
SUBJECT TO: Business Interest, if any, in favor of AutoNation, Inc., a Foreign Profit Corporation
Tenant/Business Interest, if any, in favor of Cook-Whitehead Ford, Inc., a Florida Profit Corporation
ITEM NO. 2179107     S.R. 75 (US 231)    BAY COUNTY   DESCRIPTION
                                         TEMPORARY CONSTRUCTION
                                                          EASEMENT
Parcel 700
A parcel of land being in the Southwest  of the Southwest  of Section 32, Township 3 South, Range 14 West, Bay County, Florida, being described as follows: Commence at a nail and disk (stamped SSMC LB 2108), marking the northwest corner of the Southwest  of said Section 32; thence South 012034 West 2,644.29 feet along the west line of said Section 32 to the south line of said Section 32 and the centerline of construction of State Road 30A (U.S. 98/15th Street) as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2179107 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 885446 East 30.55 feet along said centerline of construction (south line of said Section 32); thence departing said centerline of construction (south line of said Section 32), North 010514 East 118.04 feet to the POINT OF BEGINNING on the existing easterly right of way line of Balboa Avenue (city street right of way), as shown on said Right of Way Map; thence departing said easterly right of way line, South 885916 East 4.60 feet; thence North 010044 East 38.00 feet; thence North 885916 West 4.38 feet to said existing easterly right of way line of Balboa Avenue; thence South 012034 West 38.00 feet along said existing easterly right of way line of Balboa Avenue to POINT OF BEGINNING;
Containing 171 square feet, more or less.
This easement is a Temporary Easement for the purposes of constructing the project according to the current construction plans, in upon, over and through the described land in Bay County, Florida. This Temporary Easement shall expire upon completion of this transportation project, but in no event later than one hundred twenty (120) months commencing on the date of the good faith deposit.
OWNED BY: Charles A. Whitehead Foundation, Inc., a Florida Not for Profit Corporation
SUBJECT TO: Business Interest, if any, in favor of AutoNation, Inc., a Foreign Profit Corporation
Tenant/Business Interest, if any, in favor of Cook-Whitehead Ford, Inc., a Florida Profit Corporation
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