Citation

In the Superior Court

of Jackson County Georgia

Docket No. B12CV0836

IN REM

Department of Transportation

vs.

0.155 acres of land; and certain easement rights and Estate of Thomas Martin; Addie G. Martin; City of Jefferson; and Jackson 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 32-3-1 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 24th day of July, 2012; 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 ofsuch authority the Department of Transportation has deposited with the Clerk of the Superior Court of said County $21,100.00 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; 20-C; FOR DESCRIPTION.

This 1st day of August, 2012.

/s/ Camie W. Thomas Clerk Superior Court JACKSON COUNTY

PROJECT NUMBER: BHF00-0052-02(20) JACKSON COUNTY

PARCEL NUMBER: 22

REQUIRED R/W: 0.155 acres of land; and certain easement rights

PROPERTY OWNERS:

Estate of Thomas Martin; Addie G. Martin; City of Jefferson; and Jackson County Tax Commissioner

All that tract or parcel of land lying and being in 257th Georgia Militia District in Jackson County, Georgia, being more particularly described as follows:

BEGINNING at the point of intersection of the western property line of the condemnees with the existing southwestern right of way line of Peach Hill Drive Relocated, said point being 3.04 feet right of and opposite station 43+30.14 on the construction centerline of Peach Hill Drive Relocated on Georgia Highway Project BHF00-0052-02(20); running thence southeasterly along said existing southwestern right of way line a combined distance of 248.62 feet to a point 2.88 feet right of and opposite station 40+84,86 on said centerline; thence S 77 52 38 W a distance of 32.88 feet to a point 30.00 feet left of and opposite station 40+84.86 on said centerline; thence northwesterly 53.46 feet along the arc of a curve to the right (said curve having a radius of 75.00 feet and a chord distance of 52.34 feet on a bearing of N 32 32 41 W) to a point 30.00 feet left of and opposite station 41+59.71 on said centerline; thence N 52 58 06 W a distance of 88.30 feet to a point 30.00 feet left of and opposite station 42+48.01 on said centerline; thence northwesterly 58.27 feet along the arc of a curve to the right (said curve having a radius of 124.00 feet and a chord distance of 57.74 feet on a bearing of N 66 25 48 W) to a point 30.00 feet left of and opposite station 43+20.38 on said centerline, said point also being a point on said western property line of the condemnees; thence northwesterly along said latter property line a distance of 34.20 feet back to the point of BEGINNING. Said described land being the required right of way and is shown colored yellow on the attached plats marked Annex 1-A.

BEGINNING at a point on the western property line of the condemnees, said point being 30.00 feet left of and opposite station 43+20.38 on the construction centerline of Peach Hill Drive Relocated on Georgia Highway Project 13HF00- 0052-02(24 thence southeasterly along a curved fine parallel to said centerline to a point 30.00 feet left of and opposite station 42+48.01 on said centerline; thence southeasterly along a straight line to a point 30.00 feet left of and opposite station 41+59.71 on said centerline; thence southeasterly along a curved line parallel to said centerline to a point 30.00 feet left of and opposite station 40+84.86 on said centerline; thence northwesterly along a straight line to a point 35.00 feet left of and opposite station 41+59.71 on said centerline; thence northwesterly along a straight line to a point 35.00 feet left of and opposite station 41+91.00 on said centerline; thence northwesterly along a straight line to a point 40.00 feet left of and opposite station 43+00.00 on said centerline; thence southwesterly along a straight fine to a point 47.04 feet left of and opposite station 43+12.86 on said centerline, said point also being a point on the western property line of the condemnees; thence northwesterly along said property line back to the point of BEGINNING. Said described land being a permanent easement for the construction and maintenance of a slope and is shown colored green on the attached plats marked Annex 1-A. Said easement may also be used temporarily for silt control and to construct any driveways as may be deemed necessary by the Department of Transportation.

BEGINNING at a point 35.00 feet left of and opposite station 41+91.00 on the construction centerline of Peach Hill Drive Relocated on Georgia Highway Project BHF00-0052-02(20); thence southeasterly along a straight line to a point 35.00 feet left of and opposite station 41+67.00 on said centerline; thence southwesterly along a straight line to a point 45.00 feet left of and opposite station 41+67.00 on said centerline; thence northwesterly along a straight line to a point 45.00 feet left of and opposite station 41+91.00 on said centerline; thence northeasterly along a straight line Jack to the point of BEGINNING. Said described land being a temporary easement for the construction of a driveway and is shown colored orange 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 is as follows: Fee simple title to the above described lands all as shown colored yellow on the plats dated the 28th day of September, 2007 and attached to Appendix to Exhibit as Annex 1A.

A permanent easement is condemned for the right to construct and maintain a slope to connect the newly constructed road and right of way to the condemnees remaining lands and is shown colored green on the attached plats marked Annex 1-A. Said easement may also be used temporarily for silt control and to construct any driveways as may be deemed necessary by the Department of Transportation.

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 lands for driveway purposes. Said easement will expire on January 1, 2016 and is shown colored orange on the above mentioned plats. Upon completion of the project, the driveway will remain in place for use by the condemnees.

(AU15,22B/417-150)