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AMENDED CITATION IN THE SUPERIOR COURT OF WHITE COUNTY GEORGIA DEPARTMENT OF TRANSPORTATION DOCKET NO. 2012-CV-0103-LA VS. IN REM
Jan 31, 2013 | 83 views | email to a friend | print

AMENDED CITATION

IN THE SUPERIOR COURT OF

WHITE COUNTY

GEORGIA

DEPARTMENT OF TRANSPORTATION

DOCKET NO. 2012-CV-0103-LA

VS.

IN REM ___________________

0.186 acres of land; and certain easement rights; and

Colleen K. Waldrip, individually

and as Executrix of

The Estate of Lee Waldrip;

Linda Rose; Joy Garcia;

The Gideons

International Extension Ministry;

Barmac Properties, LLC Dr.

Calvin Dalton, II;

and White 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 an Amendment to the above stated case, being a condemnation in rem against the property hereinafter described, was filed in said Court on the 18th day of January, 2013; That, in accordance with provisions of the aforesaid Official Code, an Amended 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 the sum of $105,383.00 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;

Parcel No. 4

Amendment Substitute for Page 19.

That in accordance with the Official Code of Georgia Annotated Section 32-3-13 through 32-3-1 9, 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 AMENDMENT SUBSTITUTE FOR PAGE 20-A

FOR DESCRIPTION

This 18th day of January, 2013.

/s/ Dena M. Adams

Clerk Superior Court

WHITE COUNTY

Parcel No. 4

Amendment Substitute for Page 20.

PROJECT NUMBER: NH-002-7(23)

WHITE COUNTY

PARCEL NUMBER: 4

REQUIRED R/W: 0.186 Acres of Land

PROPERTY OWNERS:

Colleen C. Waldrip, individually

and as Executrix of the

Estate of Lee Waldrip;

Linda Rose; Joy Garcia;

The Gideons

International Extension Ministry;

Barmac Properties, LLC;

Dr. Calvin Dalton, II;

and White County Tax Commissioner

All that tract or parcel of land lying and being in Land Lot 41 of the 2nd Land District and/or 861 Georgia Militia District of White County, Georgia, being more particularly described as follows:

Beginning at a point 95 feet right of and opposite Station 100+90.17 on the construction centerline of Cleveland Bypass on Georgia Highway Project No. NH-000-0002-07 (023); running thence N 2 40 37.8 E a distance of 5.83 feet to a point 95.00 feet right of and opposite Station 100+96.00 on said construction centerline laid out for CLEVELAND BYPASS; thence N 87 19 22.2 W a distance of 10.00 feet to a point 85.00 feet right of and opposite Station 100+96.00 on said construction centerline laid out for CLEVELAND BYPASS; thence N 2 40 37.8 E a distance of 74.09 feet to a point 85.00 feet right of and opposite Station 101+70.09 on said construction centerline laid out for CLEVELAND BYPASS; thence S 86 54 52.7 E a distance of 102.46 feet to a point 187.46 feet right of and opposite Station 101+69.36 on said construction centerline laid out for CLEVELAND BYPASS; thence S 3 04 44.3 W a distance of 79.85 feet to a point 186.90 feet right of and opposite Station 100+89.51 on said construction centerline laid out for CLEVELAND BYPASS; thence N 86 54 40.9 W a distance of 91.90 feet back to the point of beginning. Containing 0.186 acres more or less.

Granted is the right to enter upon my land for the purpose of removal of a building or improvement within the easement area shown colored green on the above mentioned plat. Said easement will expire on December 31, 2014.

Appendix A Annex 1

Amendment Substitute for Page 20-A

Parcel 4

(2C-1/31-2/7/13)