CITATION IN THE SUPERIOR COURT OF WHITFIELD COUNTY GEORGIA DEPARTMENT OF TRANSPORTATION DOCKET NO. 14-CI-1718-B VS. IN REM _______________ 0.092 acres of land; and certain access rights; and E.M. Acree, II, a Delaware, LLLP; AJs Outdoor Advertising, Inc.; Acree Realty, Inc.; Mapco Express, Inc.; and Fifth Third Bank, NA, 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 7th day of November, 2014; 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 $800,000.00 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; FOR DESCRIPTION This 7th day of November, 2014. Melica Kendrick Clerk Superior Court WHITFIELD COUNTY Project Number: IMSTP-0075-03 (208) Whitfield County Parcel Number: 5 Required R/W: 0.092 acres of land; and 288.37 linear feet of access rights Owner: E.M. Acree, II, a Delaware, LLLP; AJs Outdoor Advertising, Inc.; Acree Realty, Inc.; Mapco Express, Inc.; and Fifth Third Bank, NA All those tracts or parcels of land lying and being in Land Lot 152 of the 13th Land District of Whitfield County, Georgia, being more particularly described as follows: Tract 1 BEGINNING at the point of intersection on the southwestern property line of the condemnees with the existing northwestern right of way line of Carbondale Road, said point being 64.05 feet left of and opposite station 15+86.07 on the construction centerline of Carbondale Road on Georgia Highway Project IMSTP-0075-03 (208); running thence N 35° 09 04.9 E a distance of 131.29 feet to a point 112.00 feet left of and opposite station 17+00.00 on said centerline; thence N 18° 57 08.7 E a distance of 87.47 feet to a point 170.22 feet left of and opposite station 17+58.43 on said centerline, said point also being a point on the existing western right of way line of Ramp A; thence southeasterly along said existing right of way line of Ramp A a distance of 70.12 feet to a point 101.40 feet left of and opposite station 17+46.30 on said centerline, said point also being a point on the northwestern existing right of way line of Carbondale Road; thence southwesterly along said existing right of way line a combined distance of 175.50 feet back to the point of BEGINNING. Tract 2 BEGINNING at a point on the northern property line of the condemnees, said point being 74.00 feet right of and opposite station 120+12.32 on the construction centerline of SB Off Ramp A on Georgia Highway Project IMSTP-0075-03 (208); running thence southeasterly along said property line a distance of 17.82 feet to a point 58.20 feet right of and opposite station 120+20.27 on said centerline, said point also being a point on the western right of way line of Ramp A; thence southwesterly along said existing right of way line a distance of 63.09 feet to a point 74.00 feet right of and opposite station 120+79.25 on said centerline; thence northwesterly 69.61 feet along the arc of a curve to the right (said curve having a radius of 1924.00 feet and a chord distance of 69.60 feet on a bearing of N 13° 09 20.0 W) back to the point of BEGINNING. Said described lands being the required right of ways and are shown colored yellow on the attached plats marked Annex 1-A. Also to be acquired by condemnation are 288.37 linear feet of access rights described as follows: BEGINNING at the point of intersection on the southwestern property line of the condemnees with the existing northwestern right of way line of Carbondale Road, said point being 64.05 feet left of and opposite station 15+86.07 on the construction centerline of Carbondale Road on Georgia Highway Project IMSTP-0075-03 (208); running thence N 35° 09 04.9 E a distance of 131.29 feet to a point 112.00 feet left of and opposite station 17+00.00 on said centerline; thence N 18° 57 08.7 E a distance of 87.47 feet ending at a point 170.22 feet left of and opposite station 17+58.43 on said centerline, said point also being a point on the existing southwestern right of way line of Ramp A. Also BEGINNING at a point on the existing western right of way line of SB Off Ramp A, said point being 74.00 feet right of and opposite station 120+79.25 on the construction centerline of SB Off Ramp A on Georgia Highway Project IMSTP-0075-03 (208); running thence northwesterly 69.61 feet along the arc of a curve to the right (said curve having a radius of 1924.00 feet and a chord distance of 69.60 feet on a bearing of N 13° 09 20.0 W) ending at a point 74.00 feet right of and opposite station 120+12.32 on said centerline, said point also being a point on the northern property line of the condemnees. Said descriptions being for the acquisition of 288.37 linear feet of access rights as shown colored red on the attached plats marked Annex 1-A. The title, estate or interest in the above described lands, required by condemnor and now taken by condemnor for public use as rights of way for a LIMITED ACCESS HIGHWAY as defined under the Official Code of Georgia Annotated sections 32-6-110 through 32-6-119 is as follows: Fee simple title to the above described lands all as shown colored yellow on the attached plats marked Annex 1-A and such access rights as may be required between the condemnees remaining real property and existing roads, streets or highways, intersecting or adjacent to the LIMITED ACCESS HIGHWAY, such access rights and lands being specifically delineated on Department of Transportation plats dated the 1st day of March, 2012; Last Revised: Sheet No. 6 on May 10, 2013, Sheet No. 10 on November 19, 2012, and Sheet No. 19 on April 2, 2014, and attached to Appendix A to Exhibit A as Annex 1-A. 11/21 11/28
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