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Floyd County

RN8428 CITATION IN THE SUPERIOR COURT OF FLOYD COUNTY GEORGIA DEPARTMENT OF TRANSPORTATION VS. DOCKET NO. 13CVOO339JFL002 IN REM
Feb 28, 2013 | 61 views | email to a friend | print

RN8428

CITATION

IN THE SUPERIOR COURT OF

FLOYD COUNTY

GEORGIA

DEPARTMENT OF

TRANSPORTATION

VS.

DOCKET NO. 13CVOO339JFL002

IN REM _

0.376 acres of land; certain easement rights; and certain access rights; and

Tri-Jack, LLC; City of Rome; and Floyd 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 undersaid 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 18th day of

February, 2013; 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 $338,600.00 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 32-3-27 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:

Project Number: STPOO-3711-00(009) FLOYD COUNTY

Parcel Numbers: 21

Required RM/: 0.376 acres of land; certain easement rights; and 421.76 feet of linear access rights

Property Owners:

Tri-Jack, LLC; City of Rome; and Floyd County Tax Commissioner

All that tract or parcel of land lying and being in Land Lot 244 of the 23rd Land District of Floyd County, Georgla, being more particularly described as follows:

BEGINNING at the point of intersection of the existing southwestern right of way line of Shorter Ave/State Route 20 with the northwestern property line of the condemnees, said point being 23.54 feet right of and opposite station 58+50.22 on the construction centerline of Shorter Ave/State Route 20 on Georgia Highway Project STPOO-371100(

009); running thence southeasterly along said existing right of way line a distance of 4.01 feet to a point 23.79 feet right of and opposite station 58+54.11 on said centerline; thence southwesterly along said existing right of way line a distance of 5.01 feet to a point 28.80 feet right of and opposite station 58+54.06 on said centerline; thence

northeasterly along said existing right of way line a istance of 6.25 feet to a point 29.19 feet right of and opposite station 58+60.07 on said centerline; thence northwesterly along said existing right of way line a distance of 5.01 feet to a point 24.18 feet right of

and opposite station 58+60.14 on said centerline; thence southeasterly along said existing right way line a combined distance of 169.71 feet to a point 38.50 feet right of and opposite station 60+26.90 on said centerline; thence southeasterly along a mitered

corner a distance of 21.80 feet to a point 61.83 feet .left of and opposite station 33+86.79 on the construction centerline of State Route 101/North 2nd Ave., said point also being a point on the existing right of way line of North 2nd Ave./State Route 101;

thence southeasterly along said existing western right of way line of North 2nd Ave. State Route 101 a combined distance of 364.08 feet to a point 23.90 feet left of and opposite station 30+36.23 on said State Route 101/North 2nd Ave. centerline, said point also being the point on the existing northeastern right of way line of Old North 2nd

Ave. Driveway; thence northwesterly along said existing northeastern right of way line a distance of131.03feet to a point 82.93 feet left of and opposite station 31+46.03 on said State Route 101/North 2nd Ave. centerline; thence N 66 43' 19.5" E a distance of 29.40 feet to a point 54.60 feet left of and opposite station 31 +53.26 on said centerline;

thence N 11 29'47.0" W a distance of 107.27 feet to a point 68.61 feet left of and opposite station 32+52.07 on said State Route 101/North 2nd Ave. centerline; thence N 0 38' 04.5"W a distance of 56.88 feet to 'a point 68.46 feet left of and opposite station 33+07.63 on said State Route 101/North 2nd Ave. centerline; thence N 41 58' 59.6"W

a distance of 85.59 feet to a point 71.47 feet right of and opposite station 59+76.25 on said State Route 20/ShorterAve centerline; thence N 84 38' 03.5" W a distance of 54.22 feet to a point 67.00 feet right of and opposite station 59+22.21 on said State

Route 20/Shorter Ave centerline; thence northwesterly 88.35 feet along a curved line to the left (said curve having a radius of 867.00 feet and a chord distance of 88.3,1 feet on

a bearing N 86 26'08.9',' W) to a point 67.00 feet right of and opposite station 58+40.69 on said State Route 20/Shorter Ave. centerline, said point also being a point on the northwestern property line of the condemnees; thence northeasterly along said property line a distance of 44.61 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

88.74 feet right of and opposite station 58+36.28 on the construction centerline of State Route 20/Shorter Ave. on Georgia Highway Project STPOO-3711-00(009); running

thence northeasterly along said property line to a point 67.00 feet right of and opposite station 58+40.69 on said centerline; thence southeasterly along a curved line parallel to said centerline to, a point 67.00 feet right of and opposite station 59+22.21 on said

centerline; thence southeasterly along a straight line to a point 71.47 feet right of and opposite station 59+76.25 on said centerline; thence southeasterly along a straight line to a point 68.46 feet left of and opposite station 33+07.63 on the construction centerline of State Route 101/North 2nd Ave.; thence southwesterly along a straight line to a point

68.61 feet left of and oppositestation 32+52.07 on said State Route 101/North 2nd Ave. centerline; thence southeasterly along a straight line to a point 54.60 feet left of and opposite station 31+53.26 on said State Route 101/North 2nd Ave. centerline; thence

southwesterly along a straight line to a point 82.93 feet left of and opposite station, 31+46.03 on said State Route 101/North 2nd Ave. centerline, said point also being a point on the existing northeastern right of way line of Old North 2nd Driveway centerline;

thence northwesterly along said existing northeastern right of way line to a point 88.27 feet left of and opposite station 31+54.07 on said State Route 1011North 2nd Ave.

centerline; thence northeasterly along a straight line to a point 65.12 feet left of and opposite station 31+60.14 on said State Route 101/North 2nd Ave. centerline; thence northwesterly along a straight line to a point 78.74 feet left of and opposite station 32+51.35 on said State Route 101/North 2nd Ave. centerline; thence northeasterly

along a straight line to a point 78.46 feet left of and opposite station 33+07.52 on said State Route 101/North 2nd Ave. centerline; thence northwesterly along a straight line to a point 84.61 feet right of and opposite station 59+74.14 on said State Route 20/Shorter

Ave. 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 of slopes and utilities and is shown colored green on the attached plats marked Annex t-A, Also to be condemned are 421.76 feet of linear access rights described as follows:

BEGINNING at a point on the existing northeastern right of way line of Old North 2nd Ave/ Driveway, said point being 82.93 feet left of and opposite station 31+46.03 on the construction centerline of State Route 101/North 2nd Ave. on Georgia Highway Project

STPOO-3711-00(009); running thence N 66 43'19.5" E a distance of 29.40 feet to a point 54.60 feet left of and opposite station 31+53.26 on said centerline; thence N 11 29' 47.0" W a distance of 107.27 feet to a point 68.61 feet left of and opposite station

32+52.07 on said State Route 101/North 2nd Ave. centerline; thence N 0 38' 04.5"W a distance of 56.88 feet to a point 68.46 feet left of and opposite station 33+07.63 on said State Route 101/North 2nd Ave. centerline; thence N 41 58' 59.6" W a distance of

85.59 feet to a point 71.47 feet right of and opposite station 59+76.25 on said State Route 20/Shorter Ave centerline; thence S 84 38' 03.5" W a distance of 54.22 feet to a point 67.00 feet right of and opposite station 59+22.21 on said State Route 20/Shorter Ave centerline; thence southwesterly 88.35 feet along a curved line to the right (said curve having a radius of 867.00 feet and a chord distance of 88.31 feet on a bearing S 86 26' 08.9" W) ending at a point 67.00 feet right of and opposite station 58+40.69 on said State Route 20/Shorter Ave. centerline. Said description is for the acquisition of

421.76 linear feet of access rights and is shown colored red on the attached plats marked Annex 1-A,

BEGINNING at a point on the existing northeastern right of way line of Old North 2nd Ave. Driveway, said point being 137.17 feet left of and opposite station 32+16.83 on the construction centerline of Old North 2nd Ave. Driveway on Georgia Highway Project

STPOO-3711-00(009); running thence northwesterly along said existing right of way line to a point 178.19 feet left of and opposite station 32+52.90 on said centerline; thence northeasterly along a straight line to a point 166.06 feet left of and opposite station 32+64.12 on said centerline; thence southeasterly along a straight line to a point 122.68

feet left of and opposite station 32+27.85 on said centerline; thence southwesterly along a straight 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 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 all the above described access rights as shown colored red on the attached plats marked Annex 1-A. Said access rights being required between the condemnees remaining real property and existing roads, streets or highways,intersecting or adjacent to the LIMITED ACCESS HIGHWAY, such access rights being specifically delineated on Department of Transportation plat dated the 12th day of February 2009; Last Revised: Sheet Nos. 8, 9, 10, & 16 on November

29,2011 and attached to Appendix "A" to Exhibit "A" as Annex 1-A.

A permanent easement is condemned for the right to construct and maintain slopes and utilities to connect the newly constructed road and right of way to the condemnee's remaining lands. Said easement is shown colored green on the attached plats marked

Annex 1-A. Said easement may also be used temporarily for silt control if 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 condemnee's remaining lands for drlveway purposes. Said easement will expire on January 1, 2019 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.

Deputy Clerk

Vickie Treadway

Clerk of Superior Court

Floyd County

February 28, March 7, 2013