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

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

Case No. 2022-CA-277

Parcel 100

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,                                       

 Petitioner,

THE BARD #2 FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership; 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 100

CR 220 – Clay County

Section No. 71580                              County Road No. 220                                        Clay County

F.P. No. 4307192

Parcel No. 100                                                                                                                 Fee Simple

Part “A”

A Part Of 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 Hollar, 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 North 89°32’03” East, Along Said Baseline Of Survey Of County Road No. 220, A Distance Of 442.21 Feet; Thence South 00°23’23” East, A Distance Of 50.00 Feet To The Intersection Of The Southerly Existing Right Of Way Line Of Said County Road No. 220, And The Easterly Existing Right Of Way Line Of Rideout Ferry Road (Having A 25.00 Foot Right Of Way As Now Established), And To The Point Of Beginning; Thence Along Said Southerly Existing Right Of Way Line Of County Road No. 220, The Following 2 Courses: 1) North 89°32'03" East, 43.83 Feet To The Point Of Curvature Of A Curve To The Left, Having A Radius Of 1,195.92 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 05°04'39", An Arc Distance Of 105.98 Feet And A Chord Bearing And Distance Of North 86°59'44" East, 105.95 Feet; Thence South 05°32'36" East, A Distance Of 12.00 Feet To A Curve To The Right, Having A Radius Of 1,207.92 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 04°44'36", An Arc Distance Of 100.00 Feet And A Chord Bearing And Distance Of South 86°49'42" West, 99.97 Feet To A Point Of Curvature Of A Curve To The Left, Having A Radius Of 15.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 89°35'23", An Arc Distance Of 23.45 Feet And A Chord Bearing And Distance Of South 44°24'19" West, 21.14 Feet To A Point Of Tangency; Thence South 00°23'23" East, A Distance Of 16.54 Feet To The Point Of Curvature Of A Curve To The Left, Having A Radius Of 214.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 89°52'41", An Arc Distance Of 335.69 Feet And A Chord Bearing And Distance Of South 45°19'43" East, 302.32 Feet To A Point Of Tangency; Thence North 89°43'56" East, A Distance Of 332.36 Feet To The Point Of Curvature Of A Curve To The Left, Having A Radius Of 30.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 90°07'19", An Arc Distance Of 47.19 Feet And A Chord Bearing And Distance Of North 44°40'17" East, 42.47 Feet To The Westerly Existing Right Of Way Line Of County Road No. 739 (Henley Road, As Per Florida Department Of Transportation Right Of Way Map Section 71580 F.P. No. 4307192); Thence South 00°23'23" East, Along Said Westerly Existing Right Of Way Line, A Distance Of 164.90 Feet To A Curve To The Left, Having A Radius Of 75.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 89°52'41", An Arc Distance Of 117.65 Feet And A Chord Bearing And Distance Of North 45°19'43" West, 105.95 Feet To A Point Of Tangency; Thence South 89°43'56" West, A Distance Of 287.72 Feet To The Point Of Curvature Of A Curve To The Right, Having A Radius Of 274.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 35°58'58", An Arc Distance Of 172.08 Feet And A Chord Bearing And Distance Of North 72°16'34" West, 169.26 Feet To The Point Of Curvature Of A Reverse Curve To The Left, Having A Radius Of 30.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 79°34'36", An Arc Distance Of 41.67 Feet And A Chord Bearing And Distance Of South 85°55'37" West, 38.40 Feet To A Point Of Tangency; Thence South 46°08'19" West, A Distance Of 26.21 Feet To The Point Of Curvature Of A Curve To The Left, Having A Radius Of 100.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 46°31'42", An Arc Distance Of 81.21 Feet And A Chord Bearing And Distance Of South 22°52'28" West, 78.99 Feet To The Easterly Existing Right Of Way Line Of Rideout Ferry Road (A 25.00 Foot Right Of Way As Now Established); Thence North 00°23'23" West, Along Said Easterly Existing Right Of Way Line, A Distance Of 357.89 Feet To The Point Of Beginning.

Containing: 1.209 Acres, More Or Less.

Being a part of Tax Parcel No. 040525-009004-004-00

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 Tuesday, July 5, 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 Don H. Lester, one of the Judges of this Court, on Wednesday, July 27, 2022, at 1:30 p.m., (one hour reserved) in hearing room 4-077 at the Clay County Courthouse, 825 North 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 23rd day of March, 2022.

TARA S. GREEN

CLERK OF THE CIRCUIT COURT

CLAY COUNTY, FLORIDA

(SEAL)

By: Rebecca Crews

 Deputy Clerk

ANGELA R. HENSEL

Florida Department of Transportation

Office of the General Counsel

1109 South Marion Avenue, MS 2008

Lake City, FL 32025-5874

Telephone (386) 961-7806

Angela.Hensel@dot.state.fl.us

Attorney for Petitioner

Legal 34127 Published March 31 and April 7, 2022 in Clay County's Clay Today Newspaper

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