NOTICE OF ACTION IN EMINENT DOMAIN AND NOTICE OF HEARING OF CONSTRUCTIVE SERVICE OF PROCESS

IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR CLAY COUNTY, FLORIDA             

Case No. 2022-CA-264

Parcel 715

STATE OF FLORIDA DEPARTMENT

OF TRANSPORTATION,                                      

Petitioner,

BIG CATS CAR WASH, INC.; DIANE HUTCHINGS, CLAY COUNTY TAX COLLECTOR,

Defendants.

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 # 4307192

Parcel 715

CR 220 – Clay County

Section No. 71580                              County Road No. 220                                         Clay County

F.P. No. 4307192

Parcel No. 715                                                                           Temporary Construction Easement

A temporary construction easement for the purpose of 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 County Road No. 220, 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 Section 4, Township 5 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:

Commence At The Southeast Corner Of Tract "A", As Per Plat Of Quails Holler, As Recorded In Plat Book 20, Pages 35-37, Of The Public Records Of Clay County, Florida, Said Corner Being On The Northerly Existing Right Of Way Line Of County Road No. 220, (As Per Florida Department Of Transportation Right Of Way Map Section 71580, F.P. No. 4307192, Having A Variable Width Right Of Way); Thence South 24°39'29" East, A Distance Of 54.81 Feet To The Baseline Of Survey Of Said County Road No. 220; Thence Along Said Baseline Of Survey, The Following 2 Courses: 1) North 89°32'03" East, 485.97 Feet To The Point Of Curvature Of A Curve To The Left, Having A Radius Of 1,145.92 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 24°51'13", An Arc Distance Of 497.07 Feet And A Chord Bearing And Distance Of North 77°06'27" East, 493.19 Feet; Thence North 25°19'09" West, A Distance Of 50.00 Feet To The Northwesterly Existing Right Of Way Line Of Said County Road No. 220, And A Curve To The Right, Having A Radius Of 1,095.92 Feet, And To The Point Of Beginning; Thence Along Said Northwesterly Existing Right Of Way Line Of County Road No. 220, And The Arc Of Said Curve, Through An Angle Of 05°06'41", An Arc Distance Of 97.77 Feet And A Chord Bearing And Distance Of South 67°14'11" West, 97.74 Feet To The Northeasterly Existing Right Of Way Line Of Shannon Lake Drive, (A 60.00 Foot Right Of Way, As Per Plat Of Shannon Lake, As Recorded In Plat Book 19, Pages 15-17, Of The Public Records Of Clay County, Florida), And A Curve To The Right, Having A Radius Of 30.00 Feet; Thence Along Said Northeasterly Existing Right Of Way Line Of Shannon Lake Drive, And The Arc Of Said Curve, Through An Angle Of 34°00'02", An Arc Distance Of 17.80 Feet And A Chord Bearing And Distance Of South 86°47'33" West, 17.54 Feet To A Curve To The Left, Having A Radius Of 1,090.92 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 05°31'52", An Arc Distance Of 105.31 Feet And A Chord Bearing And Distance Of North 67°54'28" East, 105.27 Feet; Thence North 24°51'28" West, A Distance Of 17.00 Feet To A Curve To The Left, Having A Radius Of 1,073.92 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 00°36'39", An Arc Distance Of 11.45 Feet And A Chord Bearing And Distance Of North 64°50'12" East, 11.45 Feet; Thence South 18°04'02" East, A Distance Of 22.18 Feet To The Point Of Beginning.

Containing: 724 Square Feet, More Or Less.

THIS EASEMENT shall be for a period of sixty-five (65) 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. 040525-009001-001-04

A petition in eminent domain has been filed to acquire certain property interests in Clay 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 May 20, 2022 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 Steven B. Whittington one of the Judges of this Court, on June 7, 2022 at 1:50 p.m., (one hour reserved) in hearing room 4-097 at the Clay County Courthouse, 825 N. Orange Avenue, Green Cove Springs, 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 21 day of March, 2022.

TARA S. GREEN

CLERK OF THE CIRCUIT COURT

CLAY COUNTY, FLORIDA

(SEAL)

By: Rebecca Crews

Deputy Clerk

Samuel Perrone, Esq.

Florida Department of Transportation

1109 S. Marion Avenue, MS 2008

Lake City, Florida 32025-5874

Telephone:  386/758-3708

Samuel.Perrone@dot.state.fl.us

Legal 34014 Published March 31 and April 7, 2022 in Clay County's Clay Today Newspaper