Citation

In the Superior Court

of Madison County, Georgia

Docket No. 12MV683-H

Department of Transportation

VS.

20.063 acres of land; and certain easement lights

Plantation Partners, LLC; and First American Bank and Trust Company, individually

In Rem

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 31 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 of such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of said County $44,020.00 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; 20-D; 20-E; 20-F; FOR DESCRIPTION

This 7th day of August, 2012.

By: Michelle H. Strickland

Clerk Superior Court

Madison County

Ken Stula

Attorney at Law

Special Assistant Attorney General

3651 Mars Hill Rd.

Watkinsville, GA 30677

678-753-0005

Project Number: EDS-72(39) MADISON COUNTY

* Parcel Number: 38

Required R/W: 20.063 acres of land; and certain easement rights

Property Owners:

Plantation Partners, LLC; and First American Bank and Trust Company

All that tract or parcel of land lying and being in the 203rd Georgia Militia District of Madison County, Georgia, being more particularly described as follows:

BEGINNING at a point on the southwestern property line of the condemnees, said point being 137.08 feet left of and opposite station 563+83.73 on the construction centerline of State Route 72 on Georgia Highway Project EDS-72(39); running thence N 89 58 52.9 E a distance of 177.04 feet to a point 100.00 feet left of and opposite station 565+50.00 on said centerline of State Route 72; thence northeasterly 265.97 feet along the arc of a curve to the left (said curve having a radius of 2964.79 feet and a chord distance of 265.88 feet on a bearing of N 82 07 45.4 E) to a point 100.00 feet left of and opposite station 568+07.00 on said centerline of State Route 72; thence N 50 29 39.9 E a distance of 44.07 feet to a point 80.00 feet left of and opposite station 1708+07.47 on the construction centerline of County Road 287/River Road; thence N 16 09 34.4 E a distance of 104.93 feet to a point 80.00 feet left of and opposite station 1709+12.40 on said centerline of County Road 287/River Road; thence northeasterly 168.34 feet along the arc of a curve to the left (said curve having a radius of 438.10 feet and a chord distance of 167.31 feet on a bearing of N 27 10 00.7 E) to a point 80.00 feet left of and opposite station 1710+50.00 on said centerline of County Road 287/River Road; thence N 53 57 14.7 E a distance of 265.82 feet to a point 50.00 feet left of and opposite station 1713+00.00 on said centerline of County Road 287/River Road; thence N 49 14 13.3 E a distance of 50.81 feet to a point 50.00 feet left of and opposite station 1713+50.81 on said centerline of County Road 287/River Road; thence northeasterly 134.87 feet along the arc of a curve to the left (said curve having a radius of 308.10 feet and a chord distance of 133.80 feet on a bearing of N 36 41 47.5 E) to a point 50.00 feet left of and opposite station 1715+07.57 on said centerline of County Road 287/River Road; thence N 24 09 18 E a distance of 186.54 feet to a point 50.00 feet left of and opposite station 1716+94.11 on said centerline of County Road 287/River Road; thence S 65 50 41.9 E a distance of 100.00 feet to a point 50.00 feet right of and opposite station 1716+94.11 on said centerline of County Road 287/River Road; thence S 24 09 18.1 W a distance of 186.54 feet to a point 50.00 feet right of and opposite station 1715+07.57 on said centerline of County Road 287/River Road; thence southwesterly 178.65 feet along the arc of curve to the right (said curve having a radius of 408.10 feet and a chord distance of 177.23 feet on a bearing of S 36 41 47.5 W) to a point 50.00 feet right of and opposite station 1713+50.81 on said centerline of County Road 287/River Road; thence S 49 14 13.3 W a distance of 231.67 feet to a point 50.00 feet right of and opposite station 1711+19.14 on said centerline of County Road 287/River Road; thence southwesterly 59.49 feet along the arc of a curve to the right (said curve having a radius of 308.10 feet and a chord distance of 59.39 feet on a bearing of S 43 42 21.6 W) to a point 50.00 feet right of and opposite station 1710+50.00 on said centerline of County Road 287/River Road; thence S 15 09 36.4 W a distance of 145.32 feet to a point 75.00 feet right of and opposite station 1708+82.60 on said centerline County Road 287/River Road; thence S 38 57 49.6 E a distance of 31.90 feet to a point 120.00 feet left of and opposite station 570+24.00 on the construction centerline of State Route 72; thence southeasterly 548.03 feet along the arc of a curve to the left (said curve having a radius of 2984.79 feet and a chord distance of 547.26 feet on a bearing of S 85 42 02.6 E) to a point 120.00 feet left of and opposite station 575+50.00 on said centerline of State Route 72; thence N 74 31 00.8 E a distance of 57.98 feet to a point 145.00 feet left of and opposite station 576+00.00 on said centerline of State Route 72; thence southeasterly 680.62 feet along the arc of a curve to the left (said curve having a radius of 3009.79 feet and a chord distance of 679.17 feet on a bearing of S 72 57 44.7 E) to a point 145.00 feet left of and opposite station 582+47.83 on said centerline of State Route 72; thence S 70 14 38.3 E a distance of 152.50 feet to a point 155.00 feet left of and opposite station 584+00.00 on said centerline of State Route 72; thence S 66 29 02.8 E a distance of 800.00 feet to a point 155.00 feet left of and opposite station 592+00.00 on said centerline of State Route 72; thence N 88 48 48.4 E a distance of 275.18 feet to a point 270.00 feet left of and opposite station 594+50.00 on said centerline of State Route 72; thence S 66 29 02.8 E a distance of 77.20 feet to a point 270.00 feet left of and opposite station 595+27.20 on said centerline of State Route 72, said point also being a point on the southeastern property line of the condemnees; thence southwesterly along said property line a combined distance of 371.19 feet to a point 43.44 feet right of and opposite station 594+51.51 on said centerline of State Route 72, said point also being a point on the southwestern property line of the condemnees; thence northwesterly along said property line a distance of 1104.94 feet to a point 200.00 feet right of and opposite station 583+57.72 on said centerline of State Route 72; thence N 61 32 01.4 W a distance of 539.23 feet to a point 120.00 feet right of and opposite station 578+00.00 on said centerline of State Route 72; thence northwesterly 431.15 feet along the arc of a curve to the right (said curve having a radius of 2744.79 feet and a chord distance of 430.71 feet on a bearing of N 79 56 26.6 W to a point 120.00 feet right of and opposite station 573+50.00 on said centerline of State Route 72; thence S 86 06 35.8 W a distance of 144.57 feet to a point 140.00 feet right of and opposite station 572+00.00 on said centerline of State Route 72; thence N 88 54 57.9 W a distance of 140.31 feet to a point 140.00 feet right of and opposite station 570+52.46 on said centerline of State Route 72, said point also being a point on the southwestern property line of the condemnees; thence northwesterly along said latter property line a combined distance of 721.42 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.

Also condemned in these proceedings are two permanent easements for temporary diversion channels during construction and being described as follows:

BEGINNING at a point 90.00 feet right of and opposite station 1708+72.14 on the construction centerline of County Road 287/River Road on Georgia Highway Project EDS-72(39); running thence northwesterly along a straight line to a point 75.00 feet right of and opposite station 1708+82.60 on said centerline; thence northeasterly along a straight line to a point 50.00 feet right of and opposite station 1710+50.00 on said centerline; thence; northeasterly along a curved line parallel to said centerline to a point 50.00 feet right of and opposite station 1711+19.14 on said centerline; thence northeasterly along a straight line to a -point 50.00 feet right of and opposite station 1713+50.81 on said centerline; thence northeasterly along a curved line parallel to said centerline to a point 50.00 feet right of and opposite station 1715+07.57 on said centerline; thence northeasterly along a straight line to a point 50.00 feet right of and opposite station 1715+50.00 on said centerline; thence southeasterly along a straight line to a point 70.00 feet right of and opposite station 1715+07.57 on said centerline; thence southwesterly along a curved line parallel to said centerline to a point 70.00 feet right of and opposite station 1713+50.81 on said centerline; thence southwesterly along a straight line to a point 70.00 feet right of and opposite station 1711+19.14 on said centerline; thence southwesterly along a straight line to a point 90.00 feet right of and opposite station 1710+00.00 on said centerline; thence southwesterly along a curved line parallel to said centerline to a point 90.00 feet right of and opposite station 1709+12.40 on said centerline; thence southwesterly along a straight line back to the point of BEGINNING.

BEGINNING at a point 120.00 feet left of and opposite station 573+50.00 on the construction centerline of State Route 72 on Georgia Highway Project EDS-72(39); running thence northeasterly along a straight line to a point 160.00 feet left of and opposite station 575+00.00 on said centerline; thence southeasterly along a curved line parallel to said centerline to a point 160.00 feet left of and opposite station 582+47.83 on said centerline; thence southeasterly along a straight line to a point 170.00 feet left of and opposite station 584+00.00 on said centerline; thence southeasterly along a straight line to a point 170.00 feet left of and opposite station 590+55.00 on said centerline; thence northeasterly along a straight line to a point 325.00 feet left of and opposite station 590+55.00 on said centerline; thence southeasterly along a straight line to a point 325.00 feet left of and opposite station 593+00.00 on said centerline; thence southwesterly along a straight line to a point 275.00 feet left of and opposite station 592+90.00 on said centerline; thence northwesterly along a straight line to a point 275.00 feet left of and opposite station 591+25.00 on said centerline; thence southwesterly along a straight line to a point 155.00 feet left of and opposite station 591+25.00 on said centerline; thence northwesterly along a straight line to a point 155.00 feet left of and opposite station 584+00.00 on said centerline; thence northwesterly along a straight line to a point 145.00 feet left of and opposite station 582+47.83 on said centerline; thence northwesterly along a curved line parallel to said centerline to a point 145.00 feet left of and opposite station 576+00.00 on said centerline; thence southwesterly along a straight line to a point 120.00 feet left of and opposite station 575+50.00 on said centerline; thence northwesterly along a curved line parallel to said centerline back to the point of BEGINNING.

Said described lands being permanent easements for temporary diversion channels during construction and are 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.

Sediment Basin Easement

BEGINNING at a point 155.00 feet left of and opposite station 591+25.00 on the construction centerline of State Route 72 on Georgia Highway Project EDS-72(39); running thence northeasterly along a straight line to a point 275.00 feet left of and opposite station 591+25.00 on said centerline; thence southeasterly along a straight line to a point 275.00 feet left of and opposite station 592+90.00 on said centerline; thence southwesterly along a straight line to a point 200.00 feet left of and opposite station 592+97.83 on said centerline; thence southwesterly along a straight line to a point 155.00 feet left of and opposite station 592+00.00 on said centerline; thence northwesterly along a straight line back to the point of BEGINNING. Said described land being a permanent easement for the construction and maintenance and removal of a sediment basin and is shown colored blue on the attached plats marked Annex 1-A.

Driveway Easement

BEGINNING at a point 80.00 feet left of and opposite station 1709+12.40 on the construction centerline of County Road 287/River Road on Georgia Highway Project EDS-72(39); running thence northwesterly along a straight line to a point 130.00 feet left of and opposite station 1709+53.00 on said centerline; thence northeasterly along a straight line to a point 130.00 feet left of and opposite station 1709+77.000 on said centerline; thence northeasterly along a straight line to a point 80.00 feet left of and opposite station 1710+30.00 on said centerline; thence southwesterly along a curved line back 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 as shown colored yellow on the plats dated 9th day of May, 2007: Last Revised: Sheet Nos. 39, 41, 78 on February 9, 2012; and Sheet Nos. 40, 42 on May 17, 2012 and attached to Appendix to Exhibit as Annex 1 -A.

Two permanent easements are condemned for temporary diversion channels during construction and may also be used temporarily to construct any driveways as may be deemed necessary by the Department of Transportation to connect the newly constructed road and right of way to the condemnee remaining lands. Said easements are shown colored green on the attached plats marked Annex 1-A. Said easement may also be used temporarily for silt control as may be deemed necessary by the Department of Transportation.

A permanent easement is condemned for the right to construct, maintain, and remove a sediment basin and is shown colored blue on the attached plats marked Annex 1-A.

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, 2015 and is shown colored orange on the above mentioned plat. Upon completion of the project, the driveway will remain in place for use by the condemnees.

(AU16,23P2)