Details for CITATION SEQ CHAPTER

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CITATION SEQ CHAPTER \h \r 1IN THE SUPERIOR COURT OF ROCKDALE COUNTY GEORGIA DEPARTMENT OF TRANSPORTATION DOCKET NO. 2022-CV-2215 VS. 0.098 acres of land; and certain easement rights; and J J C Group, Inc.; and Rockdale County Tax Commissioner, 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 31st day of August, 2022; 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 $117,300.00 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 PAGES 20-A; 20-B; 20-C FOR DESCRIPTION. This 12th day of September, 2022. /s/ Andrea Chenault Deputy Clerk Superior Court ROCKDALE COUNTY P.I. 0009990 ROCKDALE COUNTY PARCEL NUMBER: 9 REQUIRED RIGHT OF WAY: 0.098 acres of land; and certain easement rights PROPERTY OWNERS: J J C Group, Inc.; and Rockdale County Tax Commissioner, individually Required Right of Way All that tract or parcel of land lying and being in Land Lot 170 of the 11th Land District of Rockdale County, Georgia, being more particularly described as follows: Beginning at a point 64.71 feet left of and opposite station 1008+98.05 on the construction centerline of SR 138 on Georgia Highway Project No. P.I. 0009990; running thence N 58°53'19.7" W a distance of 75.48 feet to a point 52.55 feet right of and opposite station 2008+00.00 on said construction centerline laid out for East Fairview Road; thence N 41°33'41.4" E a distance of 4.45 feet to a point 57.00 feet right of and opposite station 2008+00.00 on said construction centerline laid out for East Fairview Road; thence S 72°33'41.0" E a distance of 87.71 feet to a point 73.00 feet left of and opposite station 1009+24.00 on said construction centerline laid out for SR 138; thence N 61°30'39.6" E a distance of 250.73 feet to a point 80.00 feet left of and opposite station 1011+85.20 on said construction centerline laid out for SR 138; thence S 22°44'34.2" E a distance of 18.81 feet to a point 61.23 feet left of and opposite station 1011+84.00 on said construction centerline laid out for SR 138; thence S 63°19'13.0" W a distance of 35.68 feet to a point 60.60 feet left of and opposite station 1011+47.71 on said construction centerline laid out for SR 138; thence S 64°50'35.8" W a distance of 240.59 feet back to the point of beginning. Containing 0.098 acres (4286.68 square feet) more or less. Permanent Construction Easement All that tract or parcel of land lying and being in Land Lot 170 of the 11th Land District of Rockdale County, Georgia, being more particularly described as follows: Beginning at a point 57.00 feet right of and opposite station 2008+00.00 on the construction centerline of East Fairview Road on Georgia Highway Project No. P.I. 0009990; running thence N 41°33'41.4" E a distance of 19.00 feet to a point 76.00 feet right of and opposite station 2008+00.00 on said construction centerline laid out for East Fairview Road; thence S 1°33'48.2" E a distance of 9.63 feet to a point 69.00 feet right of and opposite station 2007+94.00 on said construction centerline laid out for East Fairview Road; thence S 73°15'48.6" E a distance of 77.59 feet to a point 80.00 feet left of and opposite station 1009+30.00 on said construction centerline laid out for SR 138; thence N 58°57'50.0" E a distance of 140.69 feet to a point 87.00 feet left of and opposite station 1010+82.00 on said construction centerline laid out for SR 138; thence N 39°10'21.6" E a distance of 40.07 feet to a point 104.00 feet left of and opposite station 1011+17.03 on said construction centerline laid out for SR 138; thence S 71°14'15.0" E a distance of 37.21 feet to a point 78.00 feet left of and opposite station 1011+43.64 on said construction centerline laid out for SR 138; thence S 61°30'39.6" W a distance of 210.01 feet to a point 73.00 feet left of and opposite station 1009+24.00 on said construction centerline laid out for SR 138; thence N 72°33'41.0" W a distance of 87.71 feet back to the point of beginning. Containing 0.072 acres (3135.97 square feet) more or less. Temporary Construction Easement All that tract or parcel of land lying and being in Land Lot 170 of the 11th Land District of Rockdale County, Georgia, being more particularly described as follows: Beginning at a point 41.50 feet right of and opposite station 2008+83.04 on the construction centerline of East Fairview Road on Georgia Highway Project No. P.I. 0009990; running thence N 58°53'19.7" W a distance of 23.50 feet to a point 40.33 feet right of and opposite station 2009+05.23 on said construction centerline laid out for East Fairview Road; thence N 32°49'58.6" E a distance of 74.67 feet to a point 115.00 feet right of and opposite station 2009+05.51 on said construction centerline laid out for East Fairview Road; thence S 55°37'19.9" E a distance of 38.02 feet to a point 115.00 feet right of and opposite station 2008+72.78 on said construction centerline laid out for East Fairview Road; thence S 41°55'41.3" W a distance of 25.61 feet to a point 89.55 feet right of and opposite station 2008+75.25 on said construction centerline laid out for East Fairview Road; thence S 45°13'47.7" W a distance of 48.79 feet back to the point of beginning. Containing 0.053 acres (2306.47 square feet) more or less. Driveway Easement All that tract or parcel of land lying and being in Land Lot 170 of the 11th Land District of Rockdale County, Georgia, being more particularly described as follows: Beginning at a point 52.55 feet right of and opposite station 2008+00.00 on the construction centerline of East Fairview Road on Georgia Highway Project No. P.I. 0009990; running thence N 58°53'19.7" W a distance of 89.17 feet to a point 41.50 feet right of and opposite station 2008+83.04 on said construction centerline laid out for East Fairview Road; thence N 45°13'45.3" E a distance of 48.80 feet to a point 89.55 feet right of and opposite station 2008+75.25 on said construction centerline laid out for East Fairview Road; thence S 67°55'33.4" E a distance of 89.71 feet to a point 115.00 feet right of and opposite station 2008+00.00 on said construction centerline laid out for East Fairview Road; thence S 41°33'41.4" W a distance of 62.45 feet back to the point of beginning. Containing 0.109 acres more or less. 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 all the above described lands as shown described on the attached plats dated November 2, 2020; Last Revised: Sheet Nos. 60-0004 and 60-0007 on March 2, 2022; and Sheet Nos. 60-0005 and 60-0010 on September 27, 2021, and attached hereto as Annex 1-A. A permanent easement is condemned for the right to construct and maintain of slopes and utilities to connect the newly constructed road and right of way to the condemnees remaining land and is shown described within on the attached plats marked Annex 1-A. A temporary easement is condemned for the right to construct slopes and detours on the newly constructed road and right of way to the condemnees remaining land for roadway purposes. Said easement shall expire five (5) years from the date of filing and is shown as described within on the plats marked Annex 1-A. Upon completion of the project, the condemnees shall have the right to use the easement area in accordance with the applicable zoning restrictions and the condemnor will cease maintenance of the easement area. A temporary easement is condemned for the right to construct a driveway to connect the newly constructed road and right of way to the condemnees remaining land for driveway purposes. Said easement shall expire five (5) years from the date of filing and is shown described within on the attached plats marked Annex 1-A. Upon completion of the project, the driveway will remain in place for use by the condemnees. 905-81635 9/21 28 202285

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