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. 2023-CA-75
Parcels 103 and 803
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Petitioner,
vs.
CLAY COUNTY CHURCH OF THE
BRETHREN, INC. a Florida not for profit corporation; EVERENCE ASSOCIATION, INC., a fraternal benefit society of Elkhart County, Indiana, holder of that certain Real Estate Mortgage; The Estate of Nancy S. Ferretti, All heirs, beneficiaries, devisees, legatees, spouses and creditors of Nancy S. Ferretti; The Estate of Barbara A. Romedy, All heirs, beneficiaries, devisees, legatees, spouses and creditors of Barbara A. Romedy; 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 103
CR 220 – Clay County
A Part Of Section 4, Township 5 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:
Commence At The North 1/4 Corner Of Section 4, Township 5 South, Range 25 East, Clay County, Florida; Thence South 89°22’59” West, Along The North Line Of Said Section 4, A Distance Of 434.80 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) South 34°46’39” West, 1,016.45 Feet To A Point Of Curvature Of A Curve To The Right, Having A Radius Of 1,145.92 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 18°18’55”, An Arc Distance Of 366.31 Feet And A Chord Bearing And Distance Of South 43°56'07" West, 364.75 Feet; Thence South 00°36’37” West, A Distance Of 62.28 Feet To The Intersection Of The Easterly 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 A Variable Width Right Of Way), And The Southeasterly Existing Right Of Way Line Of Said County Road No. 220, And A Curve To The Left Having A Radius Of 1,195.92 Feet, And To The Point Of Beginning; Thence Along Said Southeasterly Existing Right Of Way Line, And The Arc Of Said Curve, Through An Angle Of 06°44'18", An Arc Distance Of 140.65 Feet And A Chord Bearing And Distance Of North 51°32'28" East, 140.57 Feet To A Curve To The Left, Having A Radius Of 463.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 36°04'29", An Arc Distance Of 291.52 Feet And A Chord Bearing And Distance Of South 22°08'11" West, 286.72 Feet To The Northerly Line Of Lot 3, Eagle Glen, As Recorded In Plat Book 27, Pages 76-79, Of The Public Records Of Said Clay County, In Section 4, Township 5 South, Range 25 East, Clay County, Florida; Thence South 89°32'05" West, Along Said Northerly Line Of Lot 3, A Distance Of 3.93 Feet To Said Easterly Existing Right Of Way Line Of County Road No. 739 (Henley Road); Thence North 00°36'37" East, Along Said Easterly Existing Right Of Way Line, A Distance Of 178.21 Feet To The Point Of Beginning.
Containing: 5,679 Square Feet, More Or Less.
Being a Part of Tax Parcel No. 040525-008997-000-00
AND
Item # 4307192
Parcel 803
CR 220 – Clay County
A perpetual easement for the purpose of construction of new concrete driveway, tying in, conforming, harmonizing and/or reconnecting existing grade, slope, pavement, drainage, utility, driveway, walkway, turnout, and/or other features, in, over, under, upon and through the following described land in Clay County, Florida, to wit:
A Part Of Section 4, Township 5 South, Range 25 East, Clay County, Florida, Being More Particularly Described As Follows:
Commence At The North 1/4 Corner Of Section 4, Township 5 South, Range 25 East, Clay County, Florida; Thence South 89°22’59” West, Along The North Line Of Said Section 4, A Distance Of 434.80 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,
Following 2 Courses: 1) South 34°46’39” West, 1,016.45 Feet To A Point Of Curvature Of A Curve To The Right, Having A Radius Of 1,145.92 Feet; 2) Along The Arc Of Said Curve, Through An Angle Of 03°17’40”, An Arc Distance Of 65.89 Feet And A Chord Bearing And Distance Of South 36°25'29" West, 65.88 Feet; Thence South 51°55’41” 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 89°53'55" East, A Distance Of 6.33 Feet To A Curve To The Right, Having A Radius Of 1,200.92 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 05°46'42", An Arc Distance Of 121.12 Feet And A Chord Bearing And Distance Of South 40°46'31" West, 121.07 Feet; Thence South 46°20’08” East, A Distance Of 5.00 Feet To A Curve To The Right, Having A Radius Of 1,205.92 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 05°47'14", An Arc Distance Of 121.80 Feet And A Chord Bearing And Distance Of South 46°33'29" West, 121.75 Feet To A Curve To The Left, Having A Radius Of 458.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 12°03'52", An Arc Distance Of 96.44 Feet And A Chord Bearing And Distance Of South 30°38'04" West, 96.26 Feet; Thence North 65°23'52" West, A Distance Of 5.00 Feet To A Curve To The Right, Having A Radius Of 463.00 Feet; Thence Along The Arc Of Said Curve, Through An Angle Of 15°34'18", An Arc Distance Of
125.83 Feet And A Chord Bearing And Distance Of North 32°23'17" East, 125.45 Feet To Said Southeasterly Existing Right Of Way Line Of County Road No. 220, And A Curve To The Left, Having A Radius Of 1,195.92 Feet; Thence Along Said Southeasterly Existing Right Of Way Line, And The Arc Of Said Curve, Through An Angle Of 10°06'00", An Arc Distance Of 210.82 Feet And A Chord Bearing And Distance Of North 43°07'19" East, 210.54 Feet To The Point Of Beginning.
Containing: 2,235 Square Feet, More Or Less.
Being a Part of Tax Parcel No. 040525-008997-000-00
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 Wednesday, May 10, 2023 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, May 31, 2023, at
10:00 a.m., (one hour reserved) in hearing room 4-077 at the Clay County Courthouse, William
A. Wilkes Judicial Center, 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 30th day of January, 2023.
TARA S. GREEN
CLERK OF THE CIRCUIT COURT CLAY COUNTY, FLORIDA
By: Rebecca Crews
Deputy Clerk
Legal 54443 Published 2/2/2023 and 2/9/2023 in Clay County's Clay Today newspaper