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

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

Case No. 2022-CA-662

Parcels 101 and 701

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,

Petitioner,

SHANNON LAKE ENTERPRISES, INC., a Florida corporation; SOUTHSTATE BANK, NATIONAL ASSOCIATION, f/k/a FIRSTATLANTIC BANK; ISLAND FOOD STORES, INC., an inactive Florida corporation; SHANNON LAKE ENTERPRISES, INC. d/b/a SHANNON LAKE ENTERPRISES MARATHON; JAX AUTO GROUP, LLC, a Florida limited liability company; 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:

Section No. 71580      County Road No. 220    Clay County

F.P. No. 4307192

Parcel No. 101      Fee Simple

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 Along Said Baseline Of Survey Of County Road No. 220, The Following 2 Courses: 1) North 89°32’03” East, Of 485.97 Feet To A 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 31°35'23", An Arc Distance Of 631.80 Feet And A Chord Bearing And Distance Of North 73°44'22" East, 623.83 Feet; Thence North 00°11’34” West, A Distance Of 59.40 Feet To The Intersection Of 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, Having An 80.50 Foot Right Of Way), And the Northerly 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 Northerly Existing Right Of Way Line Of Said County Road No. 220, And The Arc Of Said Curve, Through An Angle Of 01°23'09", An Arc Distance Of 26.51 Feet And A Chord Bearing And Distance Of South 56°59'52" West, 26.51 Feet; Thence North 28°27'59" East, A Distance Of 46.46 Feet To Said Westerly Existing Right Of Way Line Of County Road No. 739 (Henley Road); Thence South 00°11'34" East, Along Said Westerly Exiting Right Of Way Line, A Distance Of 26.40 Feet To The Point Of Beginning.

Containing: 296 Square Feet, More Or Less.

Being a part of Tax Parcel No. 040525-009001-001-02

AND

Section No. 71580      County Road No. 220    Clay County

F.P. No. 4307192

Parcel No. 701       Temporary Construction Easement

A temporary construction easement for the purpose of three new paved business entrances, reconstruction of concrete flume to storm water management facility, and reconstruction of drainage pipe from storm water management facility, 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 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 Along Said Baseline Of Survey Of County Road No. 220, The Following 2 Courses: 1) North 89°32’03” East, 485.97 Feet To A 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 To The Point Of Beginning; Thence North 18°04'02" West, A Distance Of 22.18 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 06°38'13", An Arc Distance Of 124.40 Feet And A Chord Bearing And Distance Of North 61°12'47" East, 124.33 Feet;  Thence South 32°06'20" East, A Distance Of 18.45 Feet; Thence North 28°27'59" East, A Distance Of 46.83 feet; Thence North 00°11'34" West, A Distance Of 90.00 Feet; Thence South 89°48'26" West, A Distance Of 5.00 Feet;  Thence North 00°11'34" West, A Distance Of 60.00 Feet; Thence North 89°48'26" East, A Distance Of 10.00 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, Having An 80.50 Foot Right Of Way); Thence South 00°11'34" East, Along Said Westerly Existing Right Of Way Line, A Distance Of 151.28 Feet; Thence South 28°27'59" West, A Distance Of 46.46 Feet To Said Northwesterly Existing Right Of Way Line Of County Road No. 220, And A Curve To The Right, Having A Radius Of 1,095.92 Feet; Thence Along Said Northwesterly Existing Right Of Way Line, And Along The Arc Of Said Curve, Through An Angle Of 06°59'23", An Arc Distance Of 133.70 Feet And A Chord Bearing And Distance Of South 61°11'09" West, 133.61 Feet To The Point Of Beginning.

Containing: 4,090 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. 040525-009001-001-02

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 21, 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 October 11, 2022, at 1:30 p.m., (1 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 30th day of June, 2022.                                                                                              

TARA S. GREEN

CLERK OF THE CIRCUIT COURT

CLAY COUNTY, FLORIDA

By: Rebecca Crews

 Deputy Clerk

Legal 36298 Published July 14 and July 21, 2022 in Clay County's Clay Today Newspaper