Details for 2018CV03358-1

CITATION IN THE SUPERIOR COURT OF CLAYTON COUNTY GEORGIA DOCKET NO.2018cv03358-13 IN REM CONDEMNATION DEPARTMENT OF TRANSPORTATION vs, 0.045 acres of land; and certain easement rights; and Eurindus, Inc.; Clayton County Water Authority; Thoroughbred Technology and Telecommunications, LLC; Tax Commissioner of Clayton County; and any and all others having or claiming any interest in the above described lands, individually 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 21st day of August 2018 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 $36,700.00 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; 20-8; 20-C; 20-D; FOR DESCRIPTION. This 21st day of August, 2018. Sonya Jackson Clerk Superior Court Project Number: NHOOO-0001-04(060), P.l. 722030 CLAYTON COUNTY Parcel Number: 14 Required R/W: 0.045 acres of land; and certain easement rights Property Owners: Eurindus, Inc.; Clayton County Water Authority; Thoroughbred Technology and Telecommunications, LLC; Tax Commissioner of Clayton County; and any and all others having or claiming any interest in the above described lands, individually All those tracts or parcel of land lying and being in Land Lot 66 of the 6th Land District of Clayton County, Georgia, being more particularly described as follows: Tract 1 BEGINNING at a point 135.00 feet left of and opposite station 46+12.44 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOOOOOl-04(060), P.l. 722030; running thence N 13 025'30.1" W a distance of 42.30 feet to a point 135.00 feet left of and opposite station 46+54.74 on said construction centerline laid out for SR 3 / US 19/41; thence N 76 0 3429.9" E a distance of 40.79 feet to a point 94.21 feet left of and opposite station 46+54.74 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 12 0 54'45.2"E a distance of 42.30 feet to a point 94.59 feet left of and opposite station 46+12.44 on said construction centerline laid out for SR 3 / US 19/41; thence S 76 0 34'29.9" W a distance of 40.41 feet back to the point of BEGINNING. Said described land being the required right of way and as shown described within on the attached plats marked Annex I-A. Tract 2 BEGINNING at a point on the existing southwestern right of way line of SR 3 / US 19/41, said point being 96.05 feet left of and opposite station 50+86.46 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO-0001-04 (060, P.I. 722030, running thence N 62°11'13.4" W a distance of 33.61 feet to a point 121.33 feet left of and opposite station 51+08.62 on said construction centerline laid out for SR 3 / US 19/41 ; thence N 77 0 10142.3" E a distance of 23.40 feet to a point 97.93 feet left of and opposite station 51+08.37 on said construction centerline laid out for SR 3 / US 19/41; thence S 18 0 18'54.5" E a distance of 21.99 feet back to the point of BEGINNING. Said described land being the required right of way and as shown described within on the attached plats marked Annex I-A. Also to be acquired by condemnation are three permanent easements for construction and maintenance of slopes being described as follows; Permanent Easement Area 1 BEGINNING at a point on the southeastern property line of the condemnees, said point being 1 10.00 feet left of and opposite station 42+69.13 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO0001-04(060), P.l. 722030; running thence N 13 02530.1" W a distance of 208.55 feet to a point 110.00 feet left of and opposite station 44+77.67 on said construction centerline laid out for SR 3 / US 19/41; thence N 81 0 3510.6" E a distance of 13.87 feet to a point 96.18 feet left of and opposite station 44+76.46 on said construction centerline laid out for SR 3 / US 19/41; thence S 12 0 5553.3"E a distance of 209.52 feet to a point 97.98 feet left of and opposite station 42+66.95 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 86 0 50'53.5" W a distance of 12.21 feet back to the point of BEGINNING. said described land being a permanent easement for construction and maintenance of slopes and as shown described within on the attached plats marked Annex I-A. Permanent Easement Area 2 BEGINNING at a point 110.00 feet left of and opposite station 44+95.40 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOOOOOl-04(060), P.l. 722030; running thence N 13 02530.1" W a distance of 1 17.04 feet to a point 1 10.00 feet left of and opposite station 46+12.44 on said construction centerline laid out for SR 3 / US 19/41; thence N 76 0 34'29.9" E a distance of 15.41 feet to a point 94.59 feet left of and opposite station 46+12.44 on said construction centerline laid out for SR 3 / US 19/41; thence S 12 0 5445.2" E a distance of 118.04 feet to a point 95.64 feet left of and opposite station 44+94.41 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 80 0 31 1 53.0" W a distance of 14.39 feet back to the point of BEGINNING. Said described land being a permanent easement for construction and maintenance of slopes and as shown described within on the attached plats marked Annex I-A. Permanent Easement Area 3 BEGINNING at a point on the existing southwestern right of way line of SR 3/US 19/41 , said point being 94.21 feet left of and opposite station 46+54.74 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO0001-04(060), P.l. 722030; running thence S 76 0 3429.9" W a distance of 45.79 feet to a point 140.00 feet left of and opposite station 46+54.74 on said construction centerline laid out for SR 3 / US 19/41 ; thence N 13 0 25'30.1" W a distance of 454.08 feet to a point 50.19 feet right of and opposite station 58+60.54 on said construction centerline laid out for C/L CR 868 / Iron Gate Boulevard; thence N 77 0 10142.3' E a distance of 18.67 feet to a point 121.33 feet left of and opposite station 51+08.62 on said construction centerline laid out for SR 3 / US 19/41; thence S 62 11'13.4" E a distance of 33.61 feet to point 96.05 feet left of and opposite station 50+86.46 on said construction centerline laid out for SR 3 / US 19/41; thence S 18 0 18'54.5" E a distance of 60.59 feet to a point 90.89 feet left of and opposite station 50+26.10 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 12 0 54'45.2" E a distance of 371.37 feet back to the point of BEGINNING. Said described land being a permanent easement for construction and maintenance of slopes and as shown described within on the attached plats marked Annex I-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 described within on the attached plats dated the 20th day of May, 2016; Last Revised: Sheet Nos. 8 and 9 on March 13, 2018, Sheet No. 10 on September 22, 2017, Sheet No. 1 1 on January 9, 2018 and attached to Appendix "A" to Exhibit "A" as Annex I-A. Three permanent easements are condemned for the right to construct and maintain slopes to connect the newly constructed road and right of way to the condemnee's remaining lands and as shown described within on the attached plats marked Annex I-A. 905-563682, 9/5,12

Categories