Details for Mt. Zion Exxon

Updated

IN THE SUPERIOR COURT OF CLAYTON COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO: 2019-CV-04031-12 Tax ID No: 12084B B007A (Parcel 145) CLAYTON COUNTY, GEORGIA, Condemnor, v. 0.158 ACRES (6,869.57 square feet) more or less of land lying in Land Lot 83, 12th District, Clayton County, Georgia to be acquired as FEE SIMPLE RIGHT OF WAY; 0.162 ACRES (7,051.46 square feet) more or less of land lying in Land Lot 83, 12th District, Clayton County, Georgia to be acquired as PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SLOPES; 0.057 ACRES (2,484.29 square feet) more or less of land lying in Land Lot 83, 12th District, Clayton County, Georgia to be acquired as TEMPORARY DEMOLITION EASEMENT; 0.037 ACRES (1,622.43 sf) more or less of land lying in Land Lot 83, 12th District, Clayton County, Georgia to be acquired as TEMPORARY DRIVEWAY EASEMENT; MT. ZION EXXON, LLC #119, Owner; BRANCH BANKING AND TRUST COMPANY; CLIPPER PETROLEUM, INC., Lien Holders; SHIVOHAM, LLC; SUBWAY REAL ESTATE CORP. n/k/a SUBWAY REALTY, LLC; THE DENNIS GROUP, INC.; CIRCLE K STORES, INC., Lessees; GEORGIA POWER COMPANY; EXXON MOBIL CORPORATION; GRADE, INC., 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 a right-of-way interest in certain property by condemnation was filed by Clayton County on Mt. Zion Exxon, LLC #119, seeking to condemn the following property and property rights for public right-of-way expansion purposes. FEE SIMPLE RIGHT OF WAY: All that tract or parcel of land lying and being in Land Lot 83 of the 12 Land District of Clayton County, Georgia, being more particularly described as follows: Beginning at a point 51.13 feet right of and opposite Station 3005+67.02 on the construction centerline of Mt. Zion Blvd. on Georgia Highway Project No. STP00-9108-00(004); running thence N 45°42'50.4" W a distance of 68.03 feet to a point 42.56 feet right of and opposite station 3006+30.00 on said construction centerline laid out for MT ZION ROAD; thence S 67°42'06.9" E a distance of 44.45 feet to a point 116.00 feet left of and opposite station 307+60.00 on said construction centerline laid out for MT ZION BLVD; thence N 59°31'01.1" E a distance of 75.98 feet to a point 74.00 feet left of and opposite station 308+30.00 on said construction centerline laid out for MT ZION BLVD; thence northeasterly 64.820 feet along the arc of a curve (said curve having a radius of 926.000 feet and a chord distance of 64.807 feet on a bearing of N 21°58'23.9" E) to the point 74.00 feet left of and opposite station 309+00.00 on said construction centerline laid out for MT ZION BLVD; thence N 18°13'08.2" E a distance of 88.40 feet to a point 75.00 feet left of and opposite station 309+90.00 on said construction centerline laid out for MT ZION BLVD; thence N 28°48'24.3" E a distance of 25.37 feet to a point 70.56 feet left of and opposite station 310+14.98 on said construction centerline laid out for MT ZION BLVD; thence S 67°22'19.0" E a distance of 14.70 feet to a point 55.89 feet left of and opposite station 310+13.98 on said construction centerline laid out for MT ZION BLVD; thence S 19°04'12.0" W a distance of 132.49 feet to a point 55.83 feet left of and opposite station 308+79.11 on said construction centerline laid out for MT ZION BLVD; thence S 23°12'31.0" W a distance of 101.03 feet to a point 54.03 feet left of and opposite station 307+72.17 on said construction centerline laid out for MT ZION BLVD; thence S 77°22'31.0" W a distance of 53.78 feet back to the point of beginning. Containing 0.158 acres (6,869.57 sf) 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 08, 2015, Sheet No. 13, last revised June 6, 2018; Sheet No. 14, last revised on June 25, 2018, Sheet No. 39, last revised on December 13, 2017; and Sheet 65, last revised on April 27, 2018, as Parcel No. 145, which plans are incorporated herein by reference and made a part of this description. PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES: All that tract or parcel of land lying and being in Land Lot 83 of the 12th 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 116.00 feet left of and opposite Station 307+60.00 on the construction centerline of Mt. Zion Blvd. on Georgia Highway Project No. STP00-9108-00(004); running thence N 67°42'06.9" W a distance of 44.45 feet to a point 42.56 feet right of and opposite station 3006+30.00 on said construction centerline laid out for MT ZION ROAD; thence N 45°42'50.4" W a distance of 91.08 feet to a point 39.48 feet right of and opposite station 3007+18.70 on said construction centerline laid out for MT ZION ROAD; thence N 43°23'48.0" E a distance of 11.25 feet to a point 50.72 feet right of and opposite station 3007+19.12 on said construction centerline laid out for MT ZION ROAD; thence S 47°38'57.0" E a distance of 101.19 feet to a point 58.00 feet right of and opposite station 3006+22.00 on said construction centerline laid out for MT ZION ROAD; thence N 71°46'34.9" E a distance of 78.61 feet to a point 90.00 feet left of and opposite station 308+30.00 on said construction centerline laid out for MT ZION BLVD; thence N 13°00'23.8" E a distance of 64.12 feet to a point 100.00 feet left of and opposite station 309+00.00 on said construction centerline laid out for MT ZION BLVD; thence N 18°59'05.1" E a distance of 46.83 feet to a point 100.00 feet left of and opposite station 309+49.00 on said construction centerline laid out for MT ZION BLVD; thence N 24°19'31.8" E a distance of 51.24 feet to a point 95.00 feet left of and opposite station 310+00.00 on said construction centerline laid out for MT ZION BLVD; thence N 45°17'28.3" E a distance of 18.00 feet to a point 86.95 feet left of and opposite station 310+16.10 on said construction centerline laid out for MT ZION BLVD; thence S 67°22'19.0" E a distance of 16.43 feet to a point 70.56 feet left of and opposite station 310+14.98 on said construction centerline laid out for MT ZION BLVD; thence S 28°48'24.3" W a distance of 25.37 feet to a point 75.00 feet left of and opposite station 309+90.00 on said construction centerline laid out for MT ZION BLVD; thence S 18°13'08.2" W a distance of 88.40 feet to a point 74.00 feet left of and opposite station 309+00.00 on said construction centerline laid out for MT ZION BLVD; thence southwesterly 64.820 feet along the arc of a curve (said curve having a radius of 926.000 feet and a chord distance of 64.807 feet on a bearing of S 21°58'23.9" W) to the point 74.00 feet left of and opposite station 308+30.00 on said construction centerline laid out for MT ZION BLVD; thence S 59°31'01.1" W a distance of 75.98 feet back to the point of beginning. Containing 0.162 acres (7,051.46 sf) 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 08, 2015, Sheet No. 13, last revised June 6, 2018; Sheet No. 14, last revised on June 25, 2018, Sheet No. 39, last revised on December 13, 2017; and Sheet 65, last revised on April 27, 2018, as Parcel No. 145, which plans are incorporated herein by reference and made a part of this description. TEMPORARY DEMOLITION EASEMENT: All that tract or parcel of land lying and being in Land Lot 83 of the 12th Land District of Clayton County, Georgia, being more particularly described as follows: Also granted is the right to enter upon and remove or demolish any improvements within the easement area shown on the attached plat. This construction easement becomes effective at the beginning of construction of the above numbered project and will expire upon completion and final acceptance of said project by the Department of Transportation. Beginning at a point 125.00 feet left of and opposite Station 307+93.10 on the construction centerline of Mt. Zion Blvd. on Georgia Highway Project No. STP00-9108-00(004); running thence N 23°01'49.3" E a distance of 93.49 feet to a point 125.00 feet left of and opposite station 309+00.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 70°01'55.3" E a distance of 25.00 feet to a point 100.00 feet left of and opposite station 309+00.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 13°00'23.8" W a distance of 64.12 feet to a point 90.00 feet left of and opposite station 308+30.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 71°46'34.9" W a distance of 48.05 feet back to the point of beginning. Containing 0.057 acres (2,484.29 sf) 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 08, 2015, Sheet No. 13, last revised June 6, 2018; Sheet No. 14, last revised on June 25, 2018, Sheet No. 39, last revised on December 13, 2017; and Sheet 65, last revised on April 27, 2018, as Parcel No. 145, which plans are incorporated herein by reference and made a part of this description. TEMPORARY DRIVEWAY EASEMENT: All that tract or parcel of land lying and being in Land Lot 83 of the 12th 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 100.00 feet left of and opposite Station 309+00.00 on the construction centerline of Mt. Zion Blvd. on Georgia Highway Project No. STP00-9108-00(004); running thence N 70°01'55.3" W a distance of 35.00 feet to a point 135.00 feet left of and opposite station 309+00.00(3) on said construction centerline laid out for MT ZION BLVD; thence N 18°56'58.9" E a distance of 52.07 feet to a point 135.00 feet left of and opposite station 309+55.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 71°16'25.8" E a distance of 32.50 feet to a point 102.50 feet left of and opposite station 309+55.00(3) on said construction centerline laid out for MT ZION BLVD; thence N 19°30'01.3" E a distance of 18.50 feet to a point 102.25 feet left of and opposite station 309+73.50(3) on said construction centerline laid out for MT ZION BLVD; thence N 71°16'25.8" W a distance of 9.75 feet to a point 112.00 feet left of and opposite station 309+73.50(3) on said construction centerline laid out for MT ZION BLVD; thence N 18°43'34.2" E a distance of 26.50 feet to a point 112.00 feet left of and opposite station 310+00.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 71°16'37.5" E a distance of 17.00 feet to a point 95.00 feet left of and opposite station 310+00.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 24°19'31.8" W a distance of 51.24 feet to a point 100.00 feet left of and opposite station 309+49.00(3) on said construction centerline laid out for MT ZION BLVD; thence S 18°59'05.1" W a distance of 46.83 feet back to the point of beginning. Containing 0.037 acres (1,622.43 sf) 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 08, 2015, Sheet No. 13, last revised June 6, 2018; Sheet No. 14, last revised on June 25, 2018, Sheet No. 39, last revised on December 13, 2017; and Sheet 65, last revised on April 27, 2018, as Parcel No. 145, 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 Mt. Zion Exxon, LLC #119, Branch Banking and Trust Company, Clipper Petroleum, Inc., Shivoham, LLC, Subway Real Estate Corp. k/n/a Subway Realty, LLC, The Dennis Group, Inc., Circle K Stores, Inc., Georgia Power Company, Exxon Mobil Corporation, Grade, Inc., and Terry L. Baskin, Clayton County Tax Commissioner. This notice is given pursuant to provisions of the O.C.G.A. § 32-3-8(f). /s/ Deputy Clerk, Superior Court Clayton County, Georgia 932-620884, 11/6,13,20,27

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