Details for 2017-CV-00164-1

IN THE SUPERIOR COURT CLAYTON COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2017-CV-00164-12 CLAYTON COUNTY, GEORGIA, Condemnor, v. 0.24 acres of land (10,621.00 Sq. Ft.), more or less, lying in Land Lot 11 of the 12th District of Clayton County, Georgia to be acquired as a PERMANENT EASEMENT, being shown as "Permanent Easement Parcel 1"; 0.17 acres of land (7,345.00 Sq. Ft.), more or less, lying in Land Lots 11 and 22 of the 12th District of Clayton County, Georgia, to be acquired as a PERMANENT EASEMENT, being shown as "Permanent Easement Parcel 3"; 0.073 acres of land (3,165.00 Sq. Ft.), more or less, lying in Land Lots 11 and 22of the 12th District of Clayton County, Georgia, to be acquired as a TEMPORARY CONSTRUCTION EASEMENT, being shown as "Temporary Construction Easement Parcel 3"; 0.17 acres of land (7,417.00 Sq. Ft.), more or less, lying in Land Lot 22 of the 12th District of Clayton County, Georgia, to be acquired as a TEMPORARY CONSTRUCTION EASEMENT, being shown as "Temporary Construction Easement Parcel 5"; FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for The Bank of Georgia, Owner; CLAYTON COUNTY WATER AUTHORITY; and TERRY 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 easements on certain property by condemnation was filed by Clayton County on January 13, 2017, seeking to condemn the following property and property rights for a multi-use pathway for pedestrians and non-motorized vehicles: PERMANENT EASEMENT PARCEL #1 All that tract or parcel of land lying and being located in Land Lot 11 of the 12th District of Clayton County, Georgia as shown on a survey for Clayton County, by W. Shane Floyd, Georgia Registered Land Surveyor #2801, dated February 6, 2015 and being more particularly described as follows. Beginning at a point located at the intersection of the northern right-of-way of Walt Stephens Road (130' right-of-way) and eastern right-of-way of Members Drive (50' right-of-way), said point is the TRUE POINT OF BEGINNING. Thence from the TRUE POINT OF BEGINNING commence along the eastern right-of-way of Members Drive (50' right-of-way) with a curve to the right having a radius of 74.61 feet and an arc length of 56.43 feet, being subtended by a chord of North 06 Degrees 25 Minutes 28 Seconds East for a distance of 55.10 feet to a point; Thence North 27 Degrees 58 Minutes 26 Seconds East for a distance of 16.89 feet to a point; Thence along a curve to the left having a radius of 125.00 feet and an arc length of 63.98 feet, being subtended by a chord of North 13 Degrees 18 Minutes 37 Seconds East for a distance of 63.29 feet to a point; Thence North 01 Degrees 21 Minutes 11 Seconds West for a distance of 76.11 feet to a point; Thence along a curve to the right having a radius of 375.00 feet and an arc length of 450.61 feet, being subtended by a chord of North 33 Degrees 04 Minutes 14 Seconds East for a distance of 423.98 feet to a point; Thence North 67 Degrees 29 Minutes 40 Seconds East for a distance of 20.26 feet to a point; Thence leaving said right-of-way South 23 Degrees 36 Minutes 44 Seconds East for a distance of 23.59 feet to a point; Thence South 66 Degrees 23 Minutes 16 Seconds West for a distance of 111.56 feet to a point; Thence along a curve to the left having a radius of 112.94 feet and an arc length of 27.88 feet, being subtended by a chord of South 59 Degrees 17 Minutes 01 Seconds West for a distance of 27.81 feet to a point; Thence along a compound curve to the left having a radius of 365.00 feet and an arc length of 204.25 feet, being subtended by a chord of South 32 Degrees 32 Minutes 40 Seconds West for a distance of 201.60 feet to a point; Thence along a compound curve to the left having a radius of 170.99 feet and an arc length of 39.88 feet, being subtended by a chord of South 05 Degrees 29 Minutes 11 Seconds West for a distance of 39.79 feet to a point; Thence South 02 Degrees 55 Minutes 46 Seconds East for a distance of 122.45 feet to a point; Thence along a curve to the right having a radius of 112.50 feet and an arc length of 60.68 feet, being subtended by a chord of South 12 Degrees 31 Minutes 20 Seconds West for a distance of 59.95 feet to a point; Thence South 27 Degrees 58 Minutes 26 Seconds West for a distance of 56.02 feet to a point; Thence along a curve to the left having a radius of 64.61 feet and an arc length of 51.75 feet, being subtended by a chord of South 05 Degrees 09 Minutes 16 Seconds West for a distance of 50.38 feet to a point located on the northern right-of-way of Walt Stephens Road (130' right-of-way); Thence along said right-of-way North 89 Degrees 18 Minutes 24 Seconds West for a distance of 10.47 feet to a point which is the TRUE POINT OF BEGINNING. Said property contains 10,621 Square Feet, 0.24 Acres more or less. PERMANENT EASEMENT PARCEL #3 All that tract or parcel of land lying and being located in Land Lots 11 and 22 of the 12th District of Clayton County, Georgia as shown on a survey for Clayton County, by W. Shane Floyd, Georgia Registered Land Surveyor #2801, dated February 6, 2015 and being more particularly described as follows. Beginning at a point located at the intersection of the northern right-of-way of Walt Stephens Road (130' right-of-way) and eastern right-of-way of Members Drive (50' right-of-way), commence along the eastern right-of-way of Members Drive (50' right-of-way) with a curve to the right having a radius of 74.61 feet and an arc length of 56.43 feet, being subtended by a chord of North 06 Degrees 25 Minutes 28 Seconds East for a distance of 55.10 feet to a point; Thence North 27 Degrees 58 Minutes 26 Seconds East for a distance of 16.89 feet to a point; Thence along a curve to the left having a radius of 125.00 feet and an arc length of 63.98 feet, being subtended by a chord of North 13 Degrees 18 Minutes 37 Seconds East for a distance of 63.29 feet to a point; Thence North 01 Degrees 21 Minutes 11 Seconds West for a distance of 76.11 feet to a point; Thence along a curve to the right having a radius of 375.00 feet and an arc length of 450.61 feet, being subtended by a chord of North 33 Degrees 04 Minutes 14 Seconds East for a distance of 423.98 feet to a point; Thence North 67 Degrees 29 Minutes 40 Seconds East for a distance of 20.26 feet to a point; Thence leaving said right-of-way North 52 Degrees 12 Minutes 00 Seconds West for a distance of 57.47 feet to a point located on the west, northwest right-of-way of Members Drive (50' right-of-way), said point which is the TRUE POINT OF BEGINNING. Thence from the TRUE POINT OF BEGINNING commence North 23 Degrees 36 Minutes 44 Seconds West for a distance of 156.50 feet to a point; Thence North 37 Degrees 52 Minutes 36 Seconds East for a distance of 122.36 feet to a point; Thence South 09 Degrees 07 Minutes 07 Seconds East for a distance of 14.65 feet to a point; Thence along a curve to the right having a radius of 72.50 feet and an arc length of 62.41 feet, being subtended by a chord of South 15 Degrees 32 Minutes 39 Seconds West for a distance of 60.51 feet to a point; Thence South 40 Degrees 12 Minutes 25 Seconds West for a distance of 12.94 feet to a point; Thence along a curve to the left having a radius of 47.50 feet and an arc length of 52.91 feet, being subtended by a chord of South 08 Degrees 17 Minutes 51 Seconds West for a distance of 50.22 feet to a point; Thence South 23 Degrees 36 Minutes 44 Seconds East for a distance of 105.92 feet to a point located on the west, northwest right-of-way of Members Drive (50' right-of-way); Thence along said right-of-way South 67 Degrees 29 Minutes 40 Seconds West for a distance of 19.30 feet to a point; Thence along a curve to the left having a radius of 425.00 feet and an arc length of 8.21 feet, being subtended by a chord of South 66 Degrees 56 Minutes 28 Seconds West for a distance of 8.21 feet to a point which is the TRUE POINT OF BEGINNING. Said property contains 7,345 Square Feet, 0.17 Acres more or less. TEMPORARY CONSTRUCTION EASEMENT PARCEL #3 All that tract or parcel of land lying and being located in Land Lots 11 and 22 of the 12th District of Clayton County, Georgia as shown on a survey for Clayton County, by W. Shane Floyd, Georgia Registered Land Surveyor #2801, dated February 6, 2015 and being more particularly described as follows. Beginning at a point located at the intersection of the northern right-of-way of Walt Stephens Road (130' right-of-way) and eastern right-of-way of Members Drive (50' right-of-way), commence along the eastern right-of-way of Members Drive (50' right-of-way) with a curve to the right having a radius of 74.61 feet and an arc length of 56.43 feet, being subtended by a chord of North 06 Degrees 25 Minutes 28 Seconds East for a distance of 55.10 feet to a point; Thence North 27 Degrees 58 Minutes 26 Seconds East for a distance of 16.89 feet to a point; Thence along a curve to the left having a radius of 125.00 feet and an arc length of 63.98 feet, being subtended by a chord of North 13 Degrees 18 Minutes 37 Seconds East for a distance of 63.29 feet to a point; Thence North 01 Degrees 21 Minutes 11 Seconds West for a distance of 76.11 feet to a point; Thence along a curve to the right having a radius of 375.00 feet and an arc length of 450.61 feet, being subtended by a chord of North 33 Degrees 04 Minutes 14 Seconds East for a distance of 423.98 feet to a point; Thence North 67 Degrees 29 Minutes 40 Seconds East for a distance of 20.26 feet to a point; Thence leaving said right-of-way North 52 Degrees 12 Minutes 00 Seconds West for a distance of 57.47 feet to a point located on the west, northwest right-of-way of Members Drive (50' right-of-way), Thence along said right-of-way with a curve to the right having a radius of 425.00 feet and an arc length of 8.21 feet, being subtended by a chord of North 66 Degrees 56 Minutes 28 Seconds East for a distance of 8.21 feet to a point; Thence North 67 Degrees 29 Minutes 40 Seconds East for a distance of 19.30 feet to a point, which is the TRUE POINT OF BEGINNING. Thence from the TRUE POINT OF BEGINNING leaving said right-of-way North 23 Degrees 36 Minutes 44 Seconds West for a distance of 105.92 feet to a point; Thence along a curve to the right having a radius of 47.50 feet and an arc length of 52.91 feet, being subtended by a chord of North 08 Degrees 17 Minutes 51 Seconds East for a distance of 50.22 feet to a point; Thence North 40 Degrees 12 Minutes 25 Seconds East for a distance of 12.94 feet to a point; Thence along a curve to the left having a radius of 72.50 feet and an arc length of 62.41 feet, being subtended by a chord of North 15 Degrees 32 Minutes 39 Seconds East for a distance of 60.51 feet to a point; Thence North 09 Degrees 07 Minutes 07 Seconds West for a distance of 14.65 feet to a point; Thence North 37 Degrees 52 Minutes 36 Seconds East for a distance of 17.09 feet to a point; Thence South 09 Degrees 07 Minutes 07 Seconds East for a distance of 26.30 feet to a point; Thence along a curve to the right having a radius of 85.00 feet and an arc length of 73.18 feet, being subtended by a chord of South 15 Degrees 32 Minutes 39 Seconds West for a distance of 70.94 feet to a point; Thence South 40 Degrees 12 Minutes 25 Seconds West for a distance of 12.94 feet to a point; Thence along a curve to the left having a radius of 35.00 feet and an arc length of 38.99 feet, being subtended by a chord of South 08 Degrees 17 Minutes 51 Seconds West for a distance of 37.00 feet to a point; Thence South 23 Degrees 36 Minutes 44 Seconds East for a distance of 106.17 feet to a point located on the west, northwest right-of-way of Members Drive (50' right-of-way); Thence along said right-of-way South 67 Degrees 29 Minutes 40 Seconds West for a distance of 12.50 feet to a point, which is the TRUE POINT OF BEGINNING. Said property contains 3,165 Square Feet more or less. TEMPORARY CONSTRUCTION EASEMENT PARCEL #5 All that tract or parcel of land lying and being located in Land Lot 22 of the 12th District of Clayton County, Georgia as shown on a survey for Clayton County, by W. Shane Floyd, Georgia Registered Land Surveyor #2801, dated February 6, 2015 and being more particularly described as follows. Beginning at a point located at the perpendicular intersection of Members Drive (50' right-of-way), commence North 56 Degrees 17 Minutes 57 Seconds East for a distance of 1467.32 feet to a point located on the northeast right-of-way of Members Drive (50' right-of-way), said point is the TRUE POINT OF BEGINNING. Thence from the TRUE POINT OF BEGINNING leaving said right-of-way commence North 57 Degrees 15 Minutes 53 Seconds East for a distance of 148.22 feet to a point located on the property line common to The Spivey Club Subdivision and Lake Spivey Golf Club; Thence along said property line South 39 Degrees 59 Minutes 00 Seconds East for a distance of 50.40 feet to a point, being the common corner for lot 37 and 38; Thence along the property line of lot 37 and 38 commence South 57 Degrees 15 Minutes 53 Seconds West for a distance of 150.00 feet to a point located on the northeast right-of-way of Members Drive (50' right-of-way); Thence along said right-of-way along a curve to the left having a radius of 275.00 feet and an arc length of 50.28 feet, being subtended by a chord of North 37 Degrees 58 Minutes 24 Seconds West for a distance of 50.21 feet to a point, which is the TRUE POINT OF BEGINNING. Said property contains 7,417 Square Feet, 0.17 Acres more or less. The temporary easements granted herein shall terminate automatically on the completion and final acceptance of the project, or three years from the date of taking, whichever date shall first occur. 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 Federal Deposit Insurance Corporation as Receiver for The Bank of Georgia; Clayton County Water Authority; and Terry Baskin, Clayton County Tax Commissioner. This notice is given pursuant to provisions of the O.C.G.A. § 32-3-8(f). /s/ Maranda Little Deputy Clerk, Superior Court Clayton County, Georgia 906-472278, 3/1, 8

Categories