W00000000 IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR WASHINGTON COUNTY, FLORIDA FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Petitioner, vs. JOHN W. GAY, …

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W00000000

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR WASHINGTON COUNTY, FLORIDA

FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Petitioner,

vs.

JOHN W. GAY, TERRY R. GAY, WILLIAM DAVID MILLER A/K/A WILLIAM D. MILLER, RHODINA T. MILLER, HERBERT L. MILLER, MARY S. FARRINGTON, THOMAS A. MILLER and UNKNOWN PERSONS OR ENTITIES, Respondents.

CASE NO.: 2022-CA-000102; PARCEL NOS.: 1 and 2

SUMMONS TO SHOW CAUSE, NOTICE OF EMINENT DOMAIN PROCEEDINGS AND NOTICE OF HEARING ON JANUARY 13, 2023 FOR CONSTRUCTIVE SERVICE OF PROCESS FOR PUBLICATION IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

TO EACH SHERIFF OF THE STATE AND TO ALL WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN TO all persons claiming interests by, through, under or against the respondents named in the attached Schedule "A"; all persons having or claiming to have any right, title or interest in the property described in Schedule "B" and the unknown spouses of the above-named respondents, if any, and their heirs, devisees, assignees, grantees, creditors, lessees, executors, administrators, mortgagees, judgment creditors, trustees, lienholders, persons in possession, and any and all other persons having or claiming to have any right, title or interest by, through, under or against the above-named respondents, or otherwise claiming any right, title or interest in the real property described in this action. A Petition in Eminent Domain has been filed to acquire certain property interests in Washington County, Florida as described in the Petition. Each respondent and any other person claiming any interest in, or having a lien upon, such property is required to serve a copy of written answer and defenses to the Petition upon JOHN W. LITTLE, III, ESQUIRE, of the Law Firm of GUNSTER, YOAKLEY & STEWART, P.A., 777 South Flagler Drive, Suite 500 East, West Palm Beach, Florida, 33401, attorney for Petitioner, and to file the original of the answer and defenses with the Clerk of this Court, within 20 days from publication, showing what right, title, interest, or lien the respondent has in or to the property described in the Petition and to show cause why that property should not be taken for uses and purposes set forth in the Petition. If any respondent fails to do so, a Default will be entered against that respondent for the relief demanded in the Petition.

PLEASE TAKE FURTHER NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Petitioner, and any other order the Court deems proper before the Honorable Judge Christopher N. Patterson, Circuit Judge, on Friday, January 13, 2023 at 9:00 a.m. CT. The hearing will be conducted in Judge Patterson's virtual courtroom through video and telephone. Participants can join the Zoom Meeting in accordance with the instructions attached hereto as "Exhibit 1." All Respondents in this action may request a hearing and be heard at the time and place designated. Any Respondent failing to file a request for hearing shall waive any right to object to the Order of Taking.

DATED 11/14/2022

CLERK OF THE CIRCUIT COURT

LORA C. BELL

As Clerk of the Court

As Deputy Clerk

REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator by mail at P.O. Box 1089, Panama City, FL 32402 or by phone at (850) 767- 3550 at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days. If you are hearing or voice impaired, call 711 or email ADARequest@jud14.flcourts.org.

"EXHIBIT 1"

Order of Taking Hearing Zoom Instructions

The Honorable Christopher N. Patterson is inviting you to a scheduled Zoom meeting.

Topic: Florida Power & Light Company v. John W. Gay, et al., Washington County Case No. 2022-CA-000102

Date & Time: January 13, 2023 at 9:00 A.M., Central Time (US and Canada)

Zoom Credentials: To appear by video: https://zoom.us/j/5750510920

Meeting ID: 575 051 0920

To appear by phone: Dial any of the phone numbers below and enter the Meeting ID number followed by #: 1-312-626-6799, 1-646-558-8656, 1-253-215-8782, 1-301-715-8592, 1-346-248-7799, 1-669-900- 9128, Meeting ID: 575 051 0920#

SCHEDULE A

PARCEL 1

Land in Section 15, Township 2 North, Range 16 West Washington County Official Records Book and Page where interest is recorded:

I. Nature of interests to be condemned:

A. Owners of Record:

1. John W. Gay, 4747 Live Oak Landing Rd., Vernon, FL 32462.

By virtue of the Warranty Deed dated December 4, 2001, recorded December 7, 2001 in Official Records Book 426, Page 152, as corrected by the Corrective Warranty Deed dated December 6, 2002, recorded December 12, 2002 in Official Records Book 463, Page 125.

2. Terry R. Gay, 4747 Live Oak Landing Rd., Vernon, FL 32462

B. Other Interests: None.

II. Other Interests, Not Condemned:

A. Taking subject to the interests of: None.

PARCEL 2

Land in Section 15, Township 2 North, Range 16 West Washington County Official Records Book and Page where interest is recorded:

I. Nature of interests to be condemned:

A. Owners of Record:

1. William David Miller a/k/a William D. Miller, Route 2, Box 356, Freeport, FL 32439

By virtue of (i) the Warranty Deed dated March 30, 1994, recorded April 5, 1994, in Official Records Book 264, Page 10; and (ii) the Order of Summary Administration regarding the Estate of William Herbert Miller dated June 17, 1991, recorded June 18, 1991, in Official Records Book 251, Page 1409.

2. Rhodina T. Miller, Route 2, Box 366, Defuniak Springs, FL 32433

By virtue of the Order of Summary Administration regarding the Estate of William Herbert Miller dated June 17, 1991, recorded June 18, 1991, in Official Records Book 251, Page 1409.

3. Herbert L. Miller, Route 2, Box 350, Freeport, FL 32439

4. Mary S. Farrington, P.O. Box 153, Freeport, FL 32439

5. Thomas A. Miller, Route 2, Box 355, Freeport, FL 32439

B. Other Interests: None.

II. Other Interests, Not Condemned:

A. Taking subject to the interests of: None

SCHEDULE B

PARCEL 1

A parcel of land lying in Section 15, Township 2 North, Range 16 West, Washington County, Florida, being a portion of lands previously recorded in Official Record Book 463, page 125 of the Public Records of said County, being more particularly described as follows: Commence at a blank 4 inch concrete monument, found marking the Northeast corner of the Northwest Quarter of Section 15, Township 2 North, Range 16 West, Washington County, Florida and run thence along the North line of said Section 15 North 88 degrees 25 minutes 47 seconds West 55.72 feet to a 5/8 inch iron bar with illegible cap, found lying on the Easterly right of way boundary of Hammack Road, being paved and having a 30 feet maintained right of way; Thence leaving said Easterly right of way boundary run North 88 degrees 21 minutes 12 seconds West 30.65 feet to a 5/8 inch iron bar and cap #6297, set on the Westerly right of way boundary of said road, said point marking the Point of Beginning; From the Point of Beginning continue thence North 88 degrees 21 minutes 12 seconds West 81.74 feet to a 5/8 inch iron bar and cap #6297, set; Thence leaving said Northerly boundary of Section 15 run South 13 degrees 28 minutes 34 seconds West 318.62 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 09 degrees 55 minutes 19 seconds West 240.43 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 05 degrees 12 minutes 10 seconds West 71.07 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 09 degrees 24 minutes 47 seconds West 344.96 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 01 degrees 59 minutes 17 seconds East 41.52 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 04 degrees 45 minutes 57 seconds East 95.57 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 12 degrees 51 minutes 36 seconds East 259.82 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 09 degrees 33 minutes 33 seconds East 328.85 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 03 degrees 44 minutes 31 seconds East 162.23 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 10 degrees 54 minutes 47 seconds East 96.81 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 25 degrees 58 minutes 29 seconds East 123.79 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 25 degrees 07 minutes 33 seconds East 201.19 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 12 degrees 04 minutes 01 seconds East 81.82 feet to a 5/8 inch iron bar and cap #6297, set; Thence run South 45 degrees 39 minutes 11 seconds West 369.75 feet to a 5/8 inch iron bar and cap #6297, set on the Southerly boundary of a 100 feet Transmission Line Right of Way Easement; Thence run along said Southerly boundary South 44 degrees 20 minutes 49 seconds East 109.12 feet to a 5/8 inch iron bar and cap #6297, set on the Southerly boundary of the Northwest Quarter of Section 15; Thence leaving said Southerly boundary of the Right of Way Easement run along said Southerly boundary of the Northwest Quarter South 88 degrees 18 minutes 24 seconds East 97.37 feet to a 5/8 inch iron bar and cap #6297, set; Thence leaving said Southerly boundary of Northwest Quarter run North 28 degrees 09 minutes 13 seconds East 354.50 feet to a 5/8 inch iron bar and cap #6297, set on the Westerly right of way boundary of said Hammack Road; Thence run along said Westerly right of way boundary North 11 degrees 17 minutes 14 seconds East 27.34 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 12 degrees 04 minutes 01 seconds West 108.08 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 25 degrees 07 minutes 33 seconds West 210.94 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 25 degrees 58 minutes 29 seconds West 113.80 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 10 degrees 54 minutes 47 seconds West 81.22 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 03 degrees 44 minutes 31 seconds West 161.28 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 09 degrees 33 minutes 33 seconds West 335.22 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 12 degrees 51 minutes 36 seconds West 256.47 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 04 degrees 45 minutes 57 seconds West 87.97 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 01 degrees 59 minutes 17 seconds West 31.59 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 09 degrees 24 minutes 47 seconds East 339.91 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 05 degrees 12 minutes 10 seconds East 70.71 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 09 degrees 55 minutes 19 seconds East 234.65 feet to a 5/8 inch iron bar and cap #6297, set; Thence run North 13 degrees 28 minutes 34 seconds East 332.89 feet to the Point of Beginning. Area contains 5.54 acres, or 241363.6 square feet, more or less.

PARCEL 2

A parcel of land lying in the Northeast Quarter of the Southwest Quarter of Section 15, Township 2 North, Range 16 West, Washington County, Florida, being more particularly described as follows:

Commence at a 5/8 inch iron bar and cap #6297, set marking the Northeast corner of the Southwest Quarter of Section 15, Township 2 North, Range 16 West, Washington County, Florida and run thence along the North line of the Northeast Quarter of the Southwest Quarter North 88 degrees 18 minutes 24 seconds West 79.70 feet to a 5/8 inch iron bar and cap #6297, set marking the Point of Beginning; From the Point of Beginning continue thence North 88 degrees 18 minutes 24 seconds West 97.37 feet to a 5/8 inch iron bar and cap #6297, set on the Southerly boundary of a 100 feet right of way easement recorded in Chancery Order Book 14, Page 286 of the Public Records of Washington County, Florida; Thence run along said Southerly boundary South 44 degrees 20 minutes 49 seconds East 91.40 feet to a 5/8 inch iron bar and cap #6297, set; Thence leaving said Southerly boundary run North 28 degrees 09 minutes 13 seconds East 70.87 feet to the Point of Beginning. Area contains 0.07 acre, or 3089.0 square feet, more or less.

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