1004 CONDEMNATIONS
gpn 04
CITATION
IN THE SUPERIOR COURT OF DODGE COUNTY
GEORGIA DEPARTMENT OF TRANSPORTATION
VS.
0.176 ACRES OF LAND; AND CERTAIN EASEMENT RIGHTS; AND
WHITE & SONS ELECTRIC, INC.; AND WHEELER COUNTY STATE BANK D/B/A ATLANTIC SOUTH BANK, INDIVIDUALLY
DOCKET NO. 15V-765
IN REM _______________
The said named persons and any and all other persons known and unknown claiming any right, title, power, interest, ownership, equity, claim or demand in and to the lands hereinafter described, and all occupants, tenants, lessees, licensees and all holders, owners and users of ways and easements in, across, over and under said land are hereby notified, under the provisions of the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, providing for the exercise of the power of eminent domain by the State of Georgia, or any of its subdivisions, or by any county of such State, as follows:
That the above stated case, being a condemnation in rem against the property hereinafter described, was filed in said court on the 7th day of October, 2015; that, in accordance with provisions of the aforesaid official code, a declaration of taking, duly authorized and properly executed as provided by the official code, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described lands for state-aid public road purposes, thereby vesting the title to same in the department of transportation; and, in pursuance of such authority, the department of transportation has deposited with the clerk of the superior court of said county $2,800.00 as the just compensation for the said lands described; and all persons claiming such fund or any interest therein, are hereby required to make known their claims to the court;
In accordance with the provisions of the Official Code of Georgia Annotated, the Plaintiff-Condemnor has prayed the Court for Immediate possession of said property, and all persons having any interest in or claim against such property, as above set forth, are required by the Order of the Judge of said Court to surrender possession of the property to the Department of Transportation no later than 30 days from filing of the Declaration of Taking.
That in accordance with the Official Code of Georgia Annotated Section 32-3-13 through 32-3-19, if the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited in Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the deposit of the fund into Court but not later than 30 days following the date of service as provided for in the Official Code of Georgia Annotated Sections 32-3-8 through 32-3-10 to file with the Court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.
The said property, as thus affected, is described as follows:
SEE PAGE 20-A; 20-B; DESCRIPTION
This 7th day of October, 2015.
RHETT WALKER
Clerk Superior Court
DODGE COUNTY
PROJECT NUMBER: MLP00-0087-00 (045) Dodge County
PARCEL NUMBERS: 132
REQUIRED R/W: 0.176 acres of land; and certain easement rights
PROPERTY OWNER: White & Sons Electric, Inc. and Wheeler County State Bank d/b/a Atlantic South Bank
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 9 OF THE 20TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION ON THE EXISTING SOUTHWESTERN RIGHT OF WAY LINE OF STATE ROUTE 87/US 23 WITH THE SOUTHEASTERN PROPERTY LINE OF THE CONDEMNEES, SAID POINT BEING 50.00 FEET LEFT OF AND OPPOSITE STATION 332+45.17 ON THE CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00 (045); RUNNING THENCE SOUTHWESTERLY ALONG SAID PROPERTY LINE A DISTANCE OF 25.02 FEET TO A POINT 75.00 FEET LEFT OF AND OPPOSITE STATION 332+44.06 ON SAID CENTERLINE; THENCE NORTHWESTERLY 305.957 FEET ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1835.05 FEET AND CHORD DISTANCE OF 305.603 FEET ON A BEARING OF N 45° 31’ 06.1” W) TO A POINT 75.00 FEET LEFT OF AND OPPOSITE STATION 335+62.53 ON SAID CENTERLINE, SAID POINT ALSO BEING A POINT ON THE NORTHWESTERN PROPERTY LINE OF THE CONDEMNEES; THENCE NORTHEASTERLY ALONG SAID LATTER PROPERTY LINE A DISTANCE OF 25.15 FEET TO A POINT 50.00 FEET LEFT OF AND OPPOSITE STATION 335+59.71 ON SAID CENTERLINE, SAID POINT ALSO BEING A POINT ON THE SOUTHWESTERN EXISTING RIGHT OF WAY LINE OF STATE ROUTE 87/US 23; THENCE SOUTHEASTERLY ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 306.304 FEET BACK TO THE POINT OF BEGINNING. SAID DESCRIBED LAND BEING THE REQUIRED RIGHT OF WAY AND IS SHOWN COLORED YELLOW ON THE ATTACHED PLATS MARKED ANNEX 1-A.
BEGINNING AT A POINT 75.00 FEET LEFT OF AND OPPOSITE STATION 333+59.86 ON THE CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00 (045); RUNNING THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 95.01 FEET LEFT OF AND OPPOSITE STATION 333+70.81 ON SAID CENTERLINE; THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 95.00 FEET LEFT OF AND OPPOSITE STATION 334+12.90 ON SAID CENTERLINE; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO A POINT 75.00 FEET LEFT OF AND OPPOSITE STATION 334+25.34 ON SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE BACK TO THE POINT OF BEGINNING. SAID DESCRIBED LAND BEING A TEMPORARY EASEMENT FOR THE CONSTRUCTION OF A DRIVEWAY AND IS SHOWN COLORED ORANGE ON THE ATTACHED PLATS MARKED ANNEX 1-A.
THE TITLE, ESTATE, OR INTEREST IN THE ABOVE DESCRIBED LANDS, REQUIRED BY CONDEMNOR AND NOW TAKEN BY CONDEMNOR FOR PUBLIC USE IS AS FOLLOWS: FEE SIMPLE TITLE TO THE ABOVE DESCRIBED LANDS AS SHOWN COLORED YELLOW ON THE PLATS DATED 10TH DAY OF MARCH, 2008: LAST REVISED: SHEET NO. 36 ON JUNE 10, 2015, AND SHEET NO. 38 ON FEBRUARY 10, 2015, AND ATTACHED TO APPENDIX “A” TO EXHIBIT “A” AS ANNEX 1-A.
A TEMPORARY EASEMENT IS CONDEMNED FOR THE RIGHT TO CONSTRUCT A DRIVEWAY TO CONNECT THE NEWLY CONSTRUCTED ROAD AND RIGHT OF WAY TO THE CONDEMNEES REMAINING LANDS FOR DRIVEWAY PURPOSES. SAID EASEMENT WILL EXPIRE ON JANUARY 1, 2018, AND IS SHOWN COLORED ORANGE ON THE ABOVE MENTIONED PLATS. UPON COMPLETION OF THE PROJECT, THE DRIVEWAY WILL REMAIN IN PLACE FOR USE BY THE CONDEMNEES.