Legal December 9, 2015 Page 1

1004 CONDEMNATIONS

gpn 04

CITA­TION
IN THE SU­PE­RI­OR COURT OF
DODGE COUN­TY
GEOR­GIA
DE­PART­MENT OF TRANS­POR­TA­TION
VS.
2.142 ACR­ES OF LAND; AND CER­TAIN EASE­MENT RIGHTS; AND WIL­LIAM C. THO­MAS, JR.; JOSHUA TI­MOTHY HALL; AND AMAN­DA HALL, IN­DI­VIDU­AL­LY
DOCK­ET NO. 15V-7698
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 20th day of No­vem­ber, 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 $10,900.00 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; 20-C; 20-D; DE­SCRIP­TION
This 20th day of No­vem­ber, 2015.
RHETT WALK­ER
Clerk Su­pe­ri­or Court
DODGE COUN­TY

PRO­JECT NUMBER: MLP00-0087-00(045) DODGE COUN­TY

PAR­CEL NUMBERS: 65/66

RE­QUIRED R/W: 2.142 ACR­ES OF LAND; AND CER­TAIN EASE­MENT RIGHTS

PROP­ER­TY OWN­ER: WIL­LIAM C. THO­MAS, JR.; JOSHUA TI­MOTHY HALL; AND AMAN­DA HALL

ALL THOSE TRACTS OR PAR­CELS OF LAND LY­ING AND BE­ING IN LAND LOTS 41 AND 42 OF THE 20TH LAND DIS­TRICTS OF DODGE COUN­TY, GEOR­GIA, BE­ING MORE PAR­TICU­LAR­LY DE­SCRIBED AS FOL­LOWS:

PARCEL NO. 65 – RIGHT OF WAY
BEGINNING AT THE POINT OF INTERSECTION ON THE SOUTHEASTERN PROPERTY LINE OF CONDEMNEES WITH THE EXISTING SOUTHWESTERN RIGHT OF WAY LINE OF STATE ROUTE 87/US 23, SAID POINT BEING 18.10 FEET LEFT OF AND OPPOSITE STATION 230+05.20 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 133.27 FEET TO A POINT 139.99 FEET LEFT OF AND OPPOSITE STATION 229+51.32 ON SAID CENTERLINE; THENCE N 17° 11’ 14.4” W A DISTANCE OF 198.68 FEET TO A POINT 140.00 FEET LEFT OF AND OPPOSITE STATION 231+50.00 ON SAID CENTERLINE; THENCE N 72° 49’ 00.7” E A DISTANCE OF 50.00 FEET TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 231+50.00 ON SAID CENTERLINE; THENCE N 17° 11’ 05.5” W A DISTANCE OF 204.67 FEET TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 233+54.67 ON SAID CENTERLINE, SAID POINT BEING A POINT ON THE NORTHERN PROPERTY LINE OF THE CONDEMNEES; THENCE NORTHEASTERLY ALONG SAID PROPERTY LINE A DISTANCE OF 74.88 FEET TO A POINT 17.70 FEET LEFT OF AND OPPOSITE STATION 233+35.20 ON SAID CENTERLINE, SAID POINT ALSO BEING A POINT ON THE SOUTHWESTERN RIGHT OF WAY LINE OF STATE ROUTE 87/US 23; THENCE SOUTHEASTERLY ALONG SAID EXISTING SOUTHWESTERN RIGHT OF WAY LINE A DISTANCE OF 330.00 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

PARCEL NO. 65 – PERMANENT EASEMENT FOR SEDIMENT BASIN
BEGINNING AT A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 231+72.04 ON CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00(045); RUNNING THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 245.00 FEET LEFT OF AND OPPOSITE STATION 231+95.00 ON SAID CENTERLINE; THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 245.00 FEET LEFT OF AND OPPOSITE STATION 233+96.41 ON SAID CENTERLINE; THENCE EASTERLY ALONG A STRAIGHT LINE TO A POINT 90.00 FEET LEFT OF AND OPPOSITE 233+54.67 ON SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE BACK TO THE POINT OF BEGINNING. SAID DESCRIBED LAND BEING A PERMANENT EASEMENT FOR THE RIGHT TO CONSTRUCT AND REMOVE A SEDIMENT BASIN. SAID EASEMENT IS SHOWN COLORED BLUE ON THE ATTACHED PLATS MARKED ANNEX 1-A.

PARCEL 66 – RIGHT OF WAY
BEGINNING AT THE POINT OF INTERSECTION ON THE SOUTHERN PROPERTY LINE OF CONDEMNEES WITH THE EXISTING SOUTHWESTERN RIGHT OF WAY LINE OF STATE ROUTE 87/US 23, SAID POINT BEING A POINT 17.70 FEET LEFT OF AND OPPOSITE STATION 233+35.20 ON CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00(045); RUNNING THENCE WESTERLY ALONG SAID PROPERTY LINE A DISTANCE OF 74.88 FEET TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 233+54.67 ON SAID CENTERLINE; THENCE N 17° 11’ 05.5” W A DISTANCE OF 772.06 FEET TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 241+26.73 ON SAID CENTERLINE, SAID POINT ALSO BEING A POINT ON THE NORTHERN PROPERTY LINE OF CONDEMNEES; THENCE NORTHEASTERLY ALONG SAID PROPERTY LINE A DISTANCE OF 82.54 FEET TO A POINT 16.68 FEET LEFT OF AND OPPOSITE STATION 241+64.65 ON SAID CENTERLINE; SAID POINT ALSO BEING A POINT ON THE EXISTING RIGHT OF WAY LINE OF STATE ROUTE 87/US 23; THENCE SOUTHEASTERLY ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 829.45 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

PARCEL NO. 66 - PERMANENT EASEMENT FOR SLOPES

BEGINNING AT A POINT ON THE SOUTHERN PROPERTY LINE OF THE CONDEMNEES, SAID POINT BEING 90.00 FEET LEFT OF AND OPPOSITE STATION 233+54.67 ON THE CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00(045); RUNNING THENCE WESTERLY ALONG SAID PROPERTY LINE TO A POINT 245.00 FEET LEFT OF AND OPPOSITE STATION 233+96.41 ON SAID CENTERLINE; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO A POINT 225.85 FEET LEFT OF AND OPPOSITE STATION 234+07.88 ON SAID CENTERLINE; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 234+27.96 ON SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE BACK TO THE POINT OF BEGINNING.
SAID DESCRIBED LAND BEING A PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SLOPES AND IS SHOWN COLORED GREEN ON ATTACHED PLATS MARKED ANNEX 1-A

PARCEL NO. 66 – TEMPORARY EASEMENT FOR DRIVEWAY

BEGINNING AT A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 234+32.00 ON THE CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00(045); RUNNING THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 130.00 FEET LEFT OF AND OPPOSITE STATION 234+54.00 ON SAID CENTERLINE; THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 130.00 FEET LEFT OF AND OPPOSITE STATION 234+90.00 ON SAID CENTERLINE; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 235+12.00 ON SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE BACK TO THE POINT OF BEGINNING. SAID DESCRIBED LAND BEING A TEMPORARY EASEMENT FOR CONSTRUCTION OF A DRIVEWAY AND IS SHOWN COLORED ORANGE ON THE ATTACHED PLATS MARKED ANNEX 1-A

PARCEL NO. 66 – TEMPORARY EASEMENT FOR FENCE

BEGINNING AT A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 235+39.99 ON THE CONSTRUCTION CENTERLINE OF STATE ROUTE 87/US 23 ON GEORGIA HIGHWAY PROJECT MLP00-0087-00(045); RUNNING THENCE WESTERLY ALONG A STRAIGHT LINE TO A POINT 95.00 FEET LEFT OF AND OPPOSITE STATION 235+40.00 ON SAID CENTERLINE; THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 95.00 FEET LEFT OF AND OPPOSITE STATION 241+24.14 ON SAID CENTERLINE, SAID POINT BEING A POINT ON THE NORTHERN PROPERTY LINE OF THE CONDEMNEES; THENCE NORTHEASTERLY ALONG SAID PROPERTY LINE TO A POINT 90.00 FEET LEFT OF AND OPPOSITE STATION 241+26.73 ON SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE BACK TO THE POINT OF BEGINNING. SAID DESCRIBED LAND BEING TEMPORARY EASEMENT FOR THE RIGHT TO CONSTRUCT A FENCE AND IS SHOWN COLORED PURPLE 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 NOS. 21 AND 22 ON JUNE 10, 2015; SHEET NO. 23 ON FEBRUARY 9, 2015 AND ATTACHED HERETO AS ANNEX 1-A

A PERMANENT EASEMENT IS CONDEMNED FOR THE RIGHT TO CONSTRUCT AND REMOVE A SEDIMENT BASIN. SAID EASEMENT IS SHOWN COLORED BLUE ON THE ATTACHED PLATS MARKED ANNEX 1-A.

A TEMPORARY EASEMENT IS CONDEMNED FOR THE RIGHT TO CONSTRUCT A FENCE. SAID EASEMENT WILL EXPIRE ON JANUARY 1, 2018 AND IS SHOWN COLORED PURPLE ON THE ATTACHED PLATS MARKED ANNEX 1-A. UPON COMPLETION OF THE PROJECT, THE CONDEMNEE SHALL HAVE THE RIGHT TO USE THE EASEMENT AREA IN ACCORDANCE WITH THE APPLICABLE ZONING RESTRICTIONS, AND THE CONDEMNOR WILL CEASE MAINTENANCE OF THE EASEMENT AREA

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 ATTACHED PLATS MARKED ANNEX 1-A. UPON COMPLETION OF THE PROJECT, THE DRIVEWAY WILL REMAIN IN PLACE FOR USE BY THE CONDEMNEES.

A PERMANENT EASEMENT IS CONDEMNED FOR THE RIGHT TO CONSTRUCT AND MAINTAIN SLOPES TO CONNECT THE NEWLY CONSTRUCTED ROAD AND RIGHT OF WAY TO THE CONDEMNEES REMAINING LANDS AND IS SHOWN COLORED GREEN ON THE ATTACHED PLATS MARKED ANNEX 1-A.