Details for Bhimani (40/41)

Updated

IN THE SUPERIOR COURT OF CLAYTON COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2019-CV-04044-11 (TAX IDN: 13178A B019) (Parcel No. 40/41) CLAYTON COUNTY, GEORGIA, Condemnor, v. 0.015 acres (670.39 sq.ft.), more or less, of land to be acquired as RIGHT OF WAY, lying in Land Lot 178 of the 13th District of Clayton County, Georgia; 0.021 acres (914.76 sq. ft.), more or less, of land to be acquired as PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES lying in Land Lot 178 of the 13th District of Clayton County, Georgia; 0.072 acres (3,152.44 sq. ft.) more or Less, of land to be acquired as TEMPORARY DRIVEWAY EASEMENT lying and being in Land Lot 178 of the 13th District of Clayton County, Georgia; 0.023 acres (1,014.78 sq. ft.), more or less, of land to be acquired as RIGHT OF WAY, lying in Land Lot 178 of the 13th District of Clayton County, Georgia; 0.005 acres (197.26 sq. ft.), more or less, of land to be acquired as PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES lying in Land Lot 178 of the 13th District of Clayton County, Georgia; 0.016 (694.15 sq. ft.), more or less, of land to be acquired as REQUIRED TEMPORARY DRIVEWAY EASEMENT lying in Land Lot 178 of the 13th District of Clayton County, Georgia; AMIN BHIMANI, Owner; GLOBAL COMMERCE BANK, Lender; SABRINA FOOD MART, INC.; PLATINUM FEDERAL CREDIT UNION, Lender; GEORGIA POWER COMPANY; CLAYTON COUNTY WATER AUTHORITY; AREC 13, LLC; TERRY L. BASKIN, Clayton County Tax Commissioner Condemnees. NOTICE OF CONDEMNATION TO ALL PERSONS CONCERNED: By Order of the Court, notice is hereby given that a Petition and Declaration of Taking to acquire a right-of-way interest in certain property by condemnation was filed by Clayton County on October 23, 2019, seeking to condemn the following property and property rights for public right-of-way expansion purposes. PARCEL 40 REQUIRED RIGHT OF WAY All that tract or parcel of land lying and being in Land Lot 178 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: Beginning at a point 37.79 feet right of and opposite Station 149+22.19 on the construction centerline of Battle Creek Road on Georgia Highway Project No. STP00-9108-00(005); running thence N 86°26'12.2" E a distance of 90.15 feet to a point 37.34 feet right of and opposite station 150+12.33 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 3°00'23.4" E a distance of 7.66 feet to a point 45.00 feet right of and opposite station 150+12.29 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86°43'14.6" W a distance of 90.13 feet to a point 45.00 feet right of and opposite station 149+22.17 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°07'53.5" W a distance of 7.21 feet back to the point of beginning. Containing 0.015 acres more or less. All according to the attached plans for Clayton County Department of Transportation, titled Battle Creek Road Widening Project from Valley Hill Road to Southlake Parkway, drawn by Kimley-Horn and Associates, Inc., dated September 21, 2015, Sheet No. 7, last revised January 15, 2018 and Sheet No. 56, last revised on September 12, 2017, as Parcel No. 40, which plans are incorporated herein by reference and made a part of this description. PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SLOPES All that tract or parcel of land lying and being in Land Lot 178 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: ALSO, granted is the right to construct and maintain any required slopes within the easement area shown on the attached plat. Beginning at a point 45.00 feet right of and opposite Station 149+22.17 on the construction centerline of Battle Creek Road on Georgia Highway Project No. STP00-9108-00(005); running thence N 86°43'14.6" E a distance of 90.13 feet to a point 45.00 feet right of and opposite station 150+12.30 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 3°00'23.4" E a distance of 10.00 feet to a point 55.00 feet right of and opposite station 150+12.25 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86°43'14.6" W a distance of 90.11 feet to a point 55.00 feet right of and opposite station 149+22.14 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°07'53.5" W a distance of 10,00 feet back to the point of beginning. Containing 0.021 acres more or less. All according to the attached plans for Clayton County Department of Transportation, titled Battle Creek Road Widening Project from Valley Hill Road to Southlake Parkway, drawn by Kimley-Horn and Associates, Inc., dated September 21, 2015, Sheet No. 7, last revised January 15, 2018 and Sheet No. 56, last revised on September 12, 2017, as Parcel No. 40, which plans are incorporated herein by reference and made a part of this description. REQUIRED TEMPORARY DRIVEWAY EASEMENT All that tract or parcel of land lying and being in Land Lot 178 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: Also, granted is the right to an easement for the construction of a driveway as shown on the attached plat. Said easement expires upon completion and final acceptance of said project by the Department of Transportation. Beginning at a point 55.00 feet right of and opposite Station 149+22.14 on the construction centerline of Battle Creek Road on Georgia Highway Project No. STP00-9108-00(005); running thence N 86°43'14.6" E a distance of 90.11 feet to a point 55.00 feet right of and opposite station 150+12.25 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 3°00'23.4" E a distance of 35.00 feet to a point 90.00 feet right of and opposite station 150+12.08 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86°43'14.6" W a distance of 90.03 feet to a point 90.00 feet right of and opposite station 149+22.05 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°07'53.5" W a distance of 35.00 feet back to the point of beginning. Containing 0.072 acres more or less. All according to the attached plans for Clayton County Department of Transportation, titled Battle Creek Road Widening Project from Valley Hill Road to Southlake Parkway, drawn by Kimley-Horn and Associates, Inc., dated September 21, 2015, Sheet No. 7, last revised January 15, 2018 and Sheet No. 56, last revised on September 12, 2017, as Parcel No. 40, which plans are incorporated herein by reference and made a part of this description. PARCEL 41 REQUIRED RIGHT OF WAY All that tract or parcel of land lying and being in Land Lot 178 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: Beginning at a point 37.34 feet right of and opposite Station 150+12.33 on the construction centerline of Battle Creek Road on Georgia Highway Project No. STP00-9108-00(005); running thence N 86°26'12.2" E a distance of 37.15 feet to a point 37.16 feet right of and opposite station 150+49.48 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 5°29'43.1" W a distance of 73.71 feet to a point 110,00 feet right of and opposite station 150+38.23 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86°43'14.6" W a distance of 6.24 feet to a point 110.00 feet right of and opposite station 150+32.00 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°16'45.4" W a distance of 65.00 feet to a point 45.00 feet right of and opposite station 150+32.00 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86°43'14.6" W a distance of 19.70 feet to a point 45.00 feet right of and opposite station 150+12.30 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°00'23.4" W a distance of 7.66 feet back to the point of beginning. Containing 0.023 acres more or less. All according to the attached plans for Clayton County Department of Transportation, titled Battle Creek Road Widening Project from Valley Hill Road to Southlake Parkway, drawn by Kimley-Horn and Associates, Inc., dated September 21, 2015, Sheet No. 7, last revised January 15, 2018 and Sheet No. 56, last revised on September 12, 2017, as Parcel No. 41, which plans are incorporated herein by reference and made a part of this description. PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SLOPES All that tract or parcel of land lying and being in Land Lot 178 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: ALSO, granted is the right to construct and maintain any required slopes within the easement area shown on the attached plat. Beginning at a point 45.00 feet right of and opposite Station 150+12.30 on the construction centerline of Battle Creek Road on Georgia Highway Project No. STP00-9108-00(005); running thence N 86°43'14.6" E a distance of 19.70 feet to a point 45.00 feet right of and opposite station 150+32.00 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 3°16'45.3" E a distance of 10.00 feet to a point 55.00 feet right of and opposite station 150+32.00 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86°43'14.6" W a distance of 19.75 feet to a point 55.00 feet right of and opposite station 150+12.25 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°00'23.4" W a distance of 10.00 feet back to the point of beginning. Containing 0.005 acres more or less. All according to the attached plans for Clayton County Department of Transportation, titled Battle Creek Road Widening Project from Valley Hill Road to Southlake Parkway, drawn by Kimley-Horn and Associates, Inc., dated September 21, 2015, Sheet No. 7, last revised January 15, 2018 and Sheet No. 56, last revised on September 12, 2017, as Parcel No. 41, which plans are incorporated herein by reference and made a part of this description. REQUIRED TEMPORARY DRIVEWAY EASEMENT All that tract or parcel of land lying and being in Land Lot 178 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: Also, granted is the right to an easement for the construction of a driveway as shown on the attached plat. Said easement expires upon completion and final acceptance of said project by the Department of Transportation. Beginning at a point 55.00 feet right of and opposite Station 150+12.25 on the construction centerline of Battle Creek Road on Georgia Highway Project No. STP00-9108-00(005); running thence N 86'43'14.6" E a distance of 19.75 feet to a point 55.00 feet right of and opposite station 150+32.00 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 3'16'45.4" E a distance of 35.00 feet to a point 90.00 feet right of and opposite station 150+32.00 on said construction centerline laid out for BATTLE CREEK ROAD; thence S 86'43'14.6" W a distance of 19.92 feet to a point 90.00 feet right of and opposite station 150+12.08 on said construction centerline laid out for BATTLE CREEK ROAD; thence N 3°00'23.4" W a distance of 35.00 feet hack to the point of beginning. Containing 0.016 acres more or less. All according to the attached plans for Clayton County Department of Transportation, titled Battle Creek Road Widening Project from Valley Hill Road to Southlake Parkway, drawn by Kimley-Horn and Associates, Inc., dated September 21, 2015, Sheet No. 7, last revised January 15, 2018 and Sheet No. 56, last revised on September 12, 2017, as Parcel No. 41, which plans are incorporated herein by reference and made a part of this description. You are hereby notified that an Order has been signed by the Court requiring all persons known or believed to be the owners, or having an interest in or claims against the Property as well as all others claiming any title to or interest in the Property, or in the funds on deposit with the Clerk of Court to file with the Court a Notice of Appeal and make known their claims, the same to be in writing and made a part of the record in the proceedings. The parties known to have an interest are: Amin Bhimani, Owner; Global Commerce Bank, Lender; Sabrina Food Mart, Inc.; Platinum Federal Credit Union, Lender; Georgia Power Company; Clayton County Water Authority; AREC 13, LLC; and The Hon. Terry L. Baskin, Clayton County Tax Commissioner. This notice is given pursuant to provisions of the O.C.G.A. § 32-3-8(f), this 23rd day of October, 2019. /s/ Deputy Clerk, Superior Court Clayton County, Georgia 932-620867, 11/6,13,20,27

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