Details for 2018CV03356-1

IN THE SUPERIOR COURT OF CLAYTON COUNTY CITATION GEORGIA DOCKET NO. 2018CV03356-10 IN REM CONDEMNATION DEPARTMENT OF TRANSPORTATION vs. 0.123 acres of land; and certain easement rights; and Nizam Kahn; Georgia Department of Revenue; Clayton County Tax Commissioner; and any and all others having or claiming any interest in the above described land, 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 $63,900.00 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; FOR DESCRIPTION. This 21st day of August, 2018. Sonya Jackson Clerk Superior Court CLAYTON COUNTY Project Number: NHOOO-0001-04(060), P.l. 722030 CLAYTON COUNTY Parcel Number: 53/54 Required R/W.-- 0.123 acres of land; and certain easement rights Property Owners. Nizam Kahn; Georgia Department of Revenue; Clayton County Tax Commissioner; and any and all others having or claiming any interest in the above described land All those tracts or parcels of land lying and being in Land Lots 32 and 33 of the 6th Land District of Clayton County, Georgia, being more particularly described as follows: Parcel 53 Permanent Easement BEGINNING at a point on the southeastern property line of the condemnees, said point being 88.51 feet right of and opposite station 1 16+19.13 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO0001-04(060), P.l. 722030; running thence N 39 0 30'10.51 W a distance of 91 1 .81 feet to a point 89.71 feet right of and opposite station 125+30.94 on said construction centerline laid out for SR 3 / US 19/41; thence N 50 0 2221.1" E a distance of 25.29 feet to a point 1 15.00 feet right of and opposite station 125+30.96 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 39 0 34'43.5" E a distance of 908.97 feet to a point 1 15.00 feet right of and opposite station 116+21.99 on said construction centerline laid out for SR 3 / US 19/41; thence S 44 0 14'57.2" W a distance of 26.65 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. Parcel 54 Permanent Easement BEGINNING at a point on the existing northeastern right of way line of SR 3 [US 1 9/41 , said point being 89.91 feet right of and opposite station 127+19.58 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO0001-04(060), P.l. 722030; running thence N 39 0 31 '08.0" W a distance of 725.16 feet to a point 90.66 feet right of and opposite station 134+44.74 on said construction centerline laid out for SR 3 / US 19/41; thence N 46 0 00'19.9" E a distance of 43.52 feet to a point 23,42 feet right of and opposite station 109+66.53 on said construction centerline laid out for CR 509 / Old Poston Road; thence N 79 0 21 '34.5" E a distance of 70.61 feet to a point 23.18 feet right of and opposite station 1 10+37.14 on said construction centerline laid out for CR 509 / Old Poston Road; thence S 10 0 26'36.8" E a distance of 21.82 feet to a point 45.00 feet right of and opposite station 1 10+37.14 on said construction centerline laid out for CR 509 / Old Poston Road; thence S 79 0 33'23.2" W a distance of 80.40 feet to a point 1 15.00 feet right of and opposite station 134+34.01 on said construction centerline laid out for SR 3 / US 19/41; thence S 39 0 3443.5" E a distance of 714.43 feet to a point 1 15.00 feet right of and opposite station 127+19.58 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 50 0 25'16.5" W a distance of 25.09 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. 22, 24 and 25 on September 22, 2017, Sheet No. 26 on December 15, 2017 and attached to Appendix "A" to Exhibit "A" as Annex I-A. Two 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. Parcel 54 Tract 1 BEGINNING at the point of intersection between the existing northeastern right of way line of SR 3 [US 19/41 with the southeastern property line of the condemnees, said point being 89.71 feet right of and opposite station 125+30.94 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO-0001-04(060), P.l. 722030; running thence N 39 0 31 1 10.5" W a distance of 188.64 feet to a point 89.91 feet right of and opposite station 127+19.58 on said construction centerline laid out for SR 3 / US 19/41 ; thence N 50 0 25'16.5" E a distance of 25.09 feet to a point 1 15.00 feet right of and opposite station 127+19.58 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 39 0 34'43.5" E a distance of 188.62 feet to a point 1 15.00 feet right of and opposite station 125+30.96 on said construction centerline laid out for SR 3 / US 19/41 ; thence S 50 0 22'21 .1" W a distance of 25.29 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. Parcel 54,Tract 2 BEGINNING at a point on the existing northeastern right of way line of SR 3 /US 19/41 , said point being 90.66 feet right of and opposite station 134+44.74 on the construction centerline of SR 3 / US 19/41 on Georgia Highway Project NHOOO- 0001-04(060), P.I. 722030; running thence N 39 0 32'17.1" W a distance of 27.33 feet to a point 90.68 feet right of and opposite station 134+72.07 on said construction centerline laid out for SR 3 / US 19/41 ; thence N 79 0 21'34.5" E a distance of 49.56 feet to a point 23.42 feet right of and opposite station 109+66.53 on said construction centerline laid out for CR 509 / Old Poston Road; thence S 46 0 00'19.9" W a distance of 43.52 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. 905-563685, 9/5,12

Categories