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-614

Parcel 108

STATE OF FLORIDA DEPARTMENT

OF TRANSPORTATION,

Petitioner,

EDWARD MCCLAMMA; and 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 108

CR 220 – Clay County

 Section No. 71580  County Road No. 220    Clay County

F.P. No. 4307192

Parcel No. 108        Fee Simple

Part "A"

A Part Of Section 33, Township 4 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:

Commence At The South 1/4 Corner Of Section 33, Township 4 South, Range 25 East, Clay County, Florida; Thence North 00°15'24" West, Along The West Line Of The Southeast 1/4 Of Said Section 33, A Distance Of 617.42 Feet To The Baseline Of Survey 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 North 34°46'39" East, Along Said Baseline Of Survey Of County Road No. 220, A Distance Of 1,341.19 Feet; Thence South 89°47'18" West, A Distance Of 61.03 Feet To The Intersection Of The Northwesterly Existing Right Of Way Line Of Said County Road No. 220, And The Northerly Existing Right Of Way Line Of Joe Johns Road (A 40.00 Foot Right Of Way, As Recorded In Official Records Book 2013, Page 1704 Of The Public Records Of Said Clay County, Florida, And The Point Of Beginning; Thence Continue South 89°47'18" West, Along Said Northerly Existing Right Of Way Line Of Joe Johns Road, A Distance Of 49.84 Feet; Thence North 35°46'39" East, A Distance Of 208.52 Feet To The Point Of Curvature Of A Curve To The Right, Having A Radius Of 1,859.95 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 06°16'00", An Arc Distance Of 203.43 Feet And A Chord Bearing And Distance Of North 38°54'39" East, 203.33 Feet To The Westerly Mean High Water Line Of Little Black Creek (As Per Florida Department Of Transportation Right Of Way Map Section 71580, F.P. No. 4307192); Thence Along Said Westerly Mean High Water Line, As Referenced By The Following Course: South 52°58'48" East, A Distance Of 26.45 Feet To Said Northwesterly Existing Right Of Way Line Of County Road No. 220, And To A Curve To The Left, Having A Radius Of 1,323.73 Feet; Thence Along Said Northwesterly Existing Right Of Way Line, The Following 2 Courses: 1) Along The Arc Of Said Curve, Through An Angle Of 04°23'39", An Arc Distance Of 101.52 Feet And A Chord Bearing And Distance Of South 36°58'29" West, 101.50 Feet To The Point Of Tangency; 2) South 34°46'39" West, 280.25 Feet To The Point Of Beginning.

Containing: 14,106 Square Feet, More Or Less.

ALSO:

Part "B"

A Part Of Section 33, Township 4 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:

Commence At The South 1/4 Corner Of Section 33, Township 4 South, Range 25 East, Clay County, Florida; Thence North 00°15'24" West, Along The West Line Of The Southeast 1/4 Of Said Section 33, A Distance Of 617.42 Feet To The Baseline Of Survey 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 Along Said Baseline Line Of Survey Of County Road No. 220, The Following 2 Courses: 1) North 34°46'39" East, 1,586.45 Feet To A Point Of Curvature Of A Curve To The Right, Having A Radius Of 1,273.73 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 26°26'53", An Arc Distance Of 587.96 Feet And A Chord Bearing And Distance Of North 48°00'06" East, 582.76 Feet; Thence North 28°46'27" 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 Left, Having A Radius Of 1,323.73 Feet, And To The Point Of Beginning; Thence Along Said Northwesterly Existing Right Of Way Line And Curve, Through An Angle Of 16°43'34", An Arc Distance Of 386.43 Feet And A Chord Bearing And Distance Of South 52°51'46" West, 385.06 Feet To The Easterly Mean High Water Line Of Little Black Creek (As Per Florida Department Of Transportation Right Of Way Map Section 71580, F.P. No. 4307192); Thence Along Said Easterly Mean High Water Line, As Referenced By The Following Course: North 23°36'24" West, A Distance Of 23.05 Feet To A Curve To The Right, Having A Radius Of 1,859.95 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 09°16'42", An Arc Distance Of 301.19 Feet And A Chord Bearing And Distance Of North 50°50'30" East, 300.86 Feet To A Point Of Compound Curvature Of A Curve To The Right, Having A Radius Of 1,303.23 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 04°18'25", An Arc Distance Of 97.96 Feet And A Chord Bearing And Distance Of North 57°38'03" East, 97.94 Feet; Thence South 00°20'16" East, A Distance Of 31.07 Feet To The Point Of Beginning.

Containing: 8,655 Square Feet, More Or Less.

ALSO:

Part "C"

A Part Of Section 33, Township 4 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:

Commence At The South 1/4 Corner Of Section 33, Township 4 South, Range 25 East, Clay County, Florida; Thence North 00°15'24" West, Along The West Line Of The Southeast 1/4 Of Said Section 33, A Distance Of 617.42 Feet To The Baseline Of Survey 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 North 34°46'39" East, Along Said Baseline Of Survey Of County Road No. 220, A Distance Of 1,360.59 Feet; Thence South 55°13'21" East, A Distance Of 50.00 Feet To The Southeasterly Existing Right Of Way Line Of Said County Road No. 220, And To The Point Of Beginning; Thence Along Said Southeasterly Existing Right Of Way Line Of County Road No. 220, The Following 2 Courses: 1) North 34°46'39" East, 225.85 Feet To The Point Of Curvature Of A Curve To The Right, Having A Radius Of 1,223.73 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 03°45'11", An Arc Distance Of 80.16 Feet And A Chord Bearing And Distance Of North 36°39'15" East, 80.15 Feet To The Westerly Mean High Water Line Of Little Black Creek (As Per Florida Department Of Transportation Right Of Way Map Section 71580, F.P. No. 4307192); Thence Along Said Westerly Mean High Water Line, As Referenced By The Following 2 Courses: 1) South 30°56'28" East, 61.60 Feet; 2) South 44°36'18" East, 6.30 Feet To A Curve To The Left, Having A Radius Of 1,667.95 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 05°25'01", An Arc Distance Of 157.69 Feet And A Chord Bearing And Distance Of South 38°29'10" West, 157.63 Feet To A Point Of Tangency; Thence South 35°46'39" West, A Distance Of 84.88 Feet; Thence South 89°47'51" West, A Distance Of 65.05 Feet To The Point Of Beginning.

Containing: 15,582 Square Feet, More Or Less.
ALSO:

Part "D"

A Part Of Section 33, Township 4 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:

Commence At The South 1/4 Corner Of Section 33, Township 4 South, Range 25 East, Clay County, Florida; Thence North 00°15'24" West, Along The West Line Of The Southeast 1/4 Of Said Section 33, A Distance Of 617.42 Feet To The Baseline Of Survey 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 Along Said Baseline Of Survey Of County Road No. 220, The Following 2 Courses: 1) North 34°46'39" East, 1,586.45 Feet The Point Of Curvature Of A Curve To The Right, Having A Radius Of 1,273.73 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 23°52'50", An Arc Distance Of 530.88 Feet And A Chord Bearing And Distance Of North 46°43'05" East, 527.05 Feet; Thence South 31°20'30" East, A Distance Of 50.00 Feet To The Southeasterly Existing Right Of Way Line Of Said County Road No. 220, And To The Point Of Beginning; Thence South 00°20'16" East, A Distance Of 81.79 Feet To A Curve To The Left, Having A Radius Of 1,667.95 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 08°42'17", An Arc Distance Of 253.41 Feet And A Chord Bearing And Distance Of South 50°05'26" West, 253.16 Feet To The Easterly Mean High Water Line Of Little Black Creek (As Per Florida Department Of Transportation Right Of Way Map Section 71580, F.P. No. 4307192); Thence Along Said Easterly Mean High Water Line, As Referenced By The Following 2 Courses: 1) North 43°25'14" West, 40.18 Feet; 2) North 47°51'02" West, 30.01 Feet To Said Southeasterly Existing Right Of Way Line Of County Road No. 220, And To A Curve To The Right, Having A Radius Of 1,223.73 Feet; Thence Along Said Southeasterly Existing Right Of Line And Curve, Through An Angle Of 14°38'43", An Arc Distance Of 312.80 Feet And A Chord Bearing And Distance Of North 51°20'08" East, 311.95 Feet To The Point Of Beginning.

Containing: 20,064 Square Feet, More Or Less.

Being a Part of Tax Parcel No. 330425-008124-001-00

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 September 6, 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. Whittingon, one of the Judges of this Court, on Tuesday, September 27, 2022, at 9:30 a.m., (one hour is reserved) in Hearing Room 4-097 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 24th day of June, 2022.

TARA S. GREEN

CLERK OF THE CIRCUIT COURT

CLAY COUNTY, FLORIDA

By: Rebecca Crews

 Deputy Clerk

Legal 36024 Published June 30 and July 7, 2022 in Clay County's Clay Today Newspaper