CITATION IN THE SUPERIOR COURT OF MUSCOGEE COUNTY, GEORGIA COLUMBUS, GEORGIA, Condemnor vs. DOCKET NO. . SU12CV2737-64 IN REM: A TRACT OF LAND IDENTIFIED AS LOT 900, REPLAT PART OF LOT NINE (9), BLOCK "A" MORNINGSIDE, A/K/A 5840 DARRAL DRIVE, COLUMBUS MUSCOGEE COUNTY, GEORGIA, TAX IDENTIFICATION NO. 083-010-042; GWENDOLYN C. LAND; THOMAS M. LAND, JR.; THE BANK OF NEW YORK MELLON, TRUSTEE; MERS FOR DECISION ONE MORTGAGE COMPANY, LLC; TAX COMMISSIONER, COLUMBUS, MUSCOGEE COUNTY, GEORGIA, AND ANY AND ALL OTHER PERSONS, BORN OR YET TO BE BORN, WHOMSOEVER, HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST, WHATSOEVER IN SAID LANDS, Condemnees. The said named persons or entities and all other persons and entities, whomsoever, known and unknown, claiming any right, title, power, interest, ownership, equity, claim, or demand in and to the real property hereinafter described, and all occupants, tenants, lessees, licensees, and all holders, owners and users of ways and easements in, across, over, and under said real property are hereby notified, under the provisions of O.C.G.A. SectionSection6-3-20 and 32-3-1, et. seq., providing for the exercise of the power of eminent domain by the State of Georgia, or by any of its subdivisions, or by any county or municipality of such State, as follows: That the above stated case, being a condemnation in rem against the real property hereinafter described, was filed in said Court on the 1st day of August, 2012. That in accordance with the provisions of the aforesaid Acts of the General Assembly, a Declaration of Taking, duly authorized and properly executed as provided by said statutes, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described easements and rights for use and operation of the Columbus Metropolitan Airport or of any successor thereto, thereby vesting the title to same in Columbus, Georgia; that Columbus, Georgia has deposited with the Clerk of the Superior Court for said County $8,200.00 as the just compensation for the said easements and rights 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 said Acts, the Condemnor has prayed the Court for immediate possession of said easements and rights, and all persons having any interest in or claim against such real property, as above set forth, are required by the Order of the Judge of said Court, made and filed in said case on the 1st day of August, 2012, to show cause before Judge Gil McBride at the courtroom on the 11th floor of the Columbus, Georgia Government Center, on the 27th day of September, 2012, at 2:00 o'clock, P.M., why such prayers for immediate possession should not be granted; That in accordance with O.C.G.A. SectionSection32-3-13 through 32-3-19, if the owner, or any of the owners, or any persons having a claim against or interest in said real 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 thirty (30) days following the date of service as provided for in Section O.C.G.A. SectionSection32-3-9 through 32-3-10 of the Official Code of Ga. Ann. 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 easements and rights and the real property upon which such easements and rights are granted, as thus affected, are described as follows, to-wit: A perpetual aviation easement, all as is hereinafter more particularly described, granting unto Columbus, Georgia, a consolidated city-county government, and unto its successors and assigns, whomsoever, for the benefit of the public in their use of the Columbus Metropolitan Airport, or of any successor thereto, the following easements, rights, privileges, and prerogatives, to-wit: 1. An absolute prohibition for any man-made or natural objects or structures, of whatsoever kind and nature, to be erected, altered, allowed to grow, or be maintained, in any way, whatsoever, in the airspace hereinafter more particularly described. 2. A continuing and perpetual right and easement to take any action needful or necessary to prevent the erection, alteration, continued growth, or maintenance, in any way, whatsoever, of any objects or structures, man-made or natural, of whatsoever kind and nature, in the airspace hereinafter more particularly described, together with the right of ingress, egress and regress over, on and through the property of the Condemnees and of their successors and assigns hereinafter more particularly described to take any such action. (a) Provided that such right of ingress, egress and regress, as well as right to take any action needful or necessary to prevent any intrusions into such airspace hereinafter more particularly described, shall only be exercised at such reasonable times and shall cause the least damage and inconvenience to Condemnees and to their successors and assigns as is necessary for Condemnor to exercise the rights condemned. (b) Condemnees and their successors and assigns shall keep and maintain and shall have the right to use their property and the airspace above it for any and all purposes, whatsoever, not inconsistent with Condemnor's full enjoyment of the easements and rights condemned, provided that Condemnees shall not erect or construct any intrusions into such airspace hereinafter more particularly described, nor allow any natural objects to intrude therein, in any way, whatsoever, so as to limit Condemnor's full enjoyment of the aviation easements condemned, all as are herein stipulated. (c) As part of the easements condemned, Condemnor, and its successors and assigns, shall have the right, from time to time, to trim, cut down and clear away any and all trees or other natural intrusions within the airspace hereinafter more particularly described, and to remove any man-made structures or objects now existing or hereafter constructed or erected therein. 3. A continuing and perpetual right and easement of flight for the passage of aircraft in the airspace hereinafter more particularly described, together with the right and easement to cause in said airspace hereinafter more particularly described such noise, vibrations, fumes, and other concomitants as may be inherent in the use of said airspace hereinafter more particularly described for the landing, taking off or operation of aircraft at the Columbus Metropolitan Airport, or any successor thereto. 4. The rights and easements condemned shall be binding upon Condemnees and upon their respective heirs, executors, administrators, successors, and assigns, whomsoever, and shall enure to the benefit of the successors and assigns of Condemnor. 5. Such rights and easements condemned shall run with the land in perpetuity. Such airspace and the real property in regard thereto for which aviation easements and rights are being condemned are more particularly shown on a map or plat prepared by Moon, Meeks, Mason & Vinson, Inc., Civil Engineers; dated April 19, 2012; entitled "TREE LOCATION MAP LOT 900 REPLAT OF PART OF LOT 9, BLOCK ÒAÓ MORNINGSIDE FOR COLUMBUS METROPOLITAN AIRPORT (GLIDE SLOPE TO RUNWAY 24) COLUMBUS, MUSCOGEE COUNTY, GEORGIA, a copy of which is attached hereto and made a part hereof. Such map or plat is duly incorporated by reference herein, and such airspace for which easements and rights are being condemned is more particularly described as follows, to-wit: The data below is shown on said map or plat to describe the lower limits of the 34:1 Runway Protection Zone (aka Glide Slope); said Runway Protection Zone (R.P.Z.) begins 200.0 feet from the end of Runway 24 of Columbus Metropolitan Airport at elevation 390.7 feet (all elevations herein refer to mean sea level, M.S.L.) and slopes upward toward subject property North 53 degrees 49 minutes 48 seconds East, rising 1.0 foot every 34 feet entering subject property at Point ÒAÓ; being more particularly described as follows: Commence at an iron stake marking the intersection of the southerly line of Frazier Drive and the westerly line of Morningside Drive; thence southerly along the westerly line of Morningside Drive, 374.88 feet to an iron stake; thence leaving said Morningside Drive, South 87 degrees 18 minutes 46 seconds West, 200.0 feet to an iron stake; thence South 02 degrees 35 minutes 23 seconds East, 75.10 feet to an iron stake; thence South 87 degrees 16 minutes 48 seconds West, 90.0 feet to an iron stake; thence South 87 degrees 16 minutes 48 seconds West, 483.99 feet to an iron stake at the southwesterly corner of Lot 900, the ground elevation at that point being 394.2 feet; thence running vertically toward the zenith, 76.9 feet to an imaginary Point ÒAÓ (elevation 471.1 feet) on the imaginary plane which forms the lower limits of the 34:1 R.P.Z. and the POINT OF BEGINNING; thence the plane continues rising at a slope of 34:1, North 53 degrees 49 minutes 48 seconds East over all of Lot 900, exiting Lot 900 at Point ÒBÓ (elevation 486.4 feet). This the 1st day of August, 2012. s/ LaSonja Gordon Deputy Clerk, Superior Court Muscogee County, Georgia Pub:Aug.10&17,2012(2481992)