CITATION TO CLAYTON COUNTY GEORGIA DOCKET SUPERIOR COURT NO. | Quotes

CITATION TO CLAYTON COUNTY GEORGIA DOCKET SUPERIOR COURT NO. 2022CV00585-14 DEPARTMENT OF TRANSPORTATION VS. IN REM 0.086 acres of land; and certain easement rights; and the Clayton County Land Banking Authority; Emmett J. Arnold, as administrator of the estate of Georgia Kundrat; Heirs of Stephen Kundrat; and Clayton County Tax Commissioner, individually Said named persons and all other known and unknown persons claiming any right, title, power, interest, property, equity, claim or demand in and to the lands hereinafter described, and all occupants, tenants, lessees, licensees and all holders, owners and users of the ways and easements in, through, above and under the said land are hereby notified, pursuant to the provisions of the Official Code of Georgia, articles annotated 32-3-4 through 32-3-19, providing for the exercise of the power of eminent domain by the State of Georgia, or any subdivision thereof, or by any county thereof, as follows: that the aforesaid case, being an in rem conviction against the property hereinafter described, was filed with the said Court on March 1, 2022; That in accordance with the provisions of the aforesaid official code, a declaration of taking, duly authorized and duly executed in accordance with the provisions of the official code, has been made and deposited in the said case, declaring the necessity and exercising the power to take the said lands described at purposes of state assistance to public roads, thereby conferring title to the Ministry of Transport; and, under such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of the said County $10,700.00 as just compensation for the said lands described; and all persons claiming such fund or any interest therein, are hereby bound to make their claims known to the Court; Pursuant to the provisions of the Annotated Georgia Official Code, the plaintiff-convict has applied to the court for immediate possession of such property, and all persons having an interest in or claim against such property, as set forth above, are bound by the Order of the judge of the said court to return possession of the property to the Ministère des Transports no later than 30 days from the filing of the declaration of taking. Pursuant to Georgia Official Code, Annotated Section 32-3-13 through 32-3-19, if the Owner, or any of the Owners, or anyone having a claim or interest in said Property, shall be dissatisfied of the indemnity, as estimated in the statement of taking and filed in court, such person or persons, or any of them, shall be entitled, at any time after the filing of the statement and the filing of the fund in court, but not later than 30 days after the date of service provided for in Georgian Code Annotated Sections 32-3-8 at 32-3-10 to file with the Court a notice of appeal, the same to be written and form part of the record of the proceedings. Said property, thus assigned, is described as follows: SEE PAGE 20-A; 20-B; 20-C; FOR DESCRIPTION This 1st day of March 2022. Sonya M. Brown-Hood Assistant Clerk Superior Court CLAYTON COUNTY PROJECT NO. : STP00-0037-02(056), PI No. 322050 COUNTY: Clayton County PARCEL NO. : 71 REQUIRED R /W: 0.086 acres of land; and certain easement rights; PROPERTY OWNERS: Clayton County Land Bank Authority; Emmett J. Arnold, as administrator of the estate of Georgia Kundrat; Heirs of Stephen Kundrat; and Clayton County Tax Commissioner, individually All parcels or parcels of land located and within Lot 104 of the 12th Land District and/or 1189 Georgia Militia District of Clayton County, Georgia, being more particularly described as follows: Right of passage required: Tract 1: Commencing at a point 23.88 feet left and opposite station 292+39.33 on the construction centerline of SR 42/US 23/MACON HWY on Georgia Highway Project No .STP00-0037-02(056); thence S 41°46’27.8″ W a distance of 31.12 feet to a point 55.00 feet left and opposite station 292+39.52 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence northwesterly 98.59 feet along the arc of a curve (said curve having a radius of 6055.00 feet and a chord distance of 98.59 feet on a bearing of N 48°06’50.7″ W) to the point situated 55.00 feet left and opposite station 293+37.22 on the said construction axis drawn for SR 42/US 23/MACON HWY; thence N 47°38’51.4″ W a distance of 5.88 feet to a point 55.00 feet left and opposite station 293+43.10 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence S 89°18’01.6″ E a distance of 43.04 feet to a point 26.45 feet left and opposite station 293+11 .06 on said construction center line drawn for SR 42/US 23/MACON HWY; thence S 50°16’56.0″ E a distance of 72.08 feet to the point of commencement. Containing more or less 0.060 acre. on centerline of SR 42/US 23/MACON HWY on Georgia Highway Project No. STP00-0037-02(056); thence running S 42°21’08.6″ W a distance of 27.73 feet to a point 120.00 feet left of and opposite the station 293+85.00 on said construction center line drawn for SR 42/US 23/MACON HWY; thence N 88°14’56.0″ W a distance of 46.10 feet to a point 150.00 feet left and opposite station 294+20.00 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence N 2°47’01.6″ E a distance of 19.89 feet to a point 134.67 feet to the left and opposite station 294+32 .67 on said construction center line established for SR 42/US 23/MACON HWY; thence S 89°18’01.6″ E a distance of 63.80 feet to the point of commencement. Containing more or less 0.026 acres. Permanent easement for the construction and maintenance of slopes and utilities: Commencing at a point 55.00 feet left and opposite station 292+39.52 on the construction centerline of SR 42/US 23/MACON HWY on Georgia Highway Project No. STP00-0037-02(056); from S 41°46’27.8″ W a distance of 11.29 feet to a point 66.29 feet to the left and opposite of station 292 + 39.59 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence N 49°46’39.0″ W a distance of 121.53 feet to a point 70.00 feet left and opposite station 293+59.97 on the said center line of construction established for SR 42/US 23/MACON HWY; thence S 89°18’01.6″ E a distance of 22.57 feet to a point 55.00 feet left and opposite station 293+43 .10 on said construction center line established for SR 42/US 23/MACON HWY; thence S 47°38’51.4″ E a distance of 5.88 feet to a point 55.00 feet left and opposite station 293+37.22 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence southeasterly 98.59 feet along the arc of a curve (said curve having a radius of 6055.00 feet and a chord distance of 98.59 feet on a bearing of S 48°06’50.7″ E) to the starting point. Containing 0.033 acres more or less. Permanent Easement for Slope Construction and Maintenance: Commencing at a point 66.29 feet left and opposite Station 292+39.59 on the construction centerline of SR 42/US 23/MACON HWY on Georgia Highway Project No. STP00-0037-02(056); thence S 41°46’27.8″ W a distance of 58.71 feet to a point 125.00 feet left and opposite station 292+39.95 on the said center line of construction established for SR 42/US 23/MACON HWY; thence N 79°46′ 31.0″ W a distance of 48.00 feet to a point 150.00 feet left and opposite station 292+80 .00 on said construction center line drawn for SR 42/US 23/MACON HWY; thence N 14°52’30.1″ W a distance of 54.93 feet to a point 120.00 feet to the left and opposite station 293+25.00 on the said centerline established for SR 42/US 23/MACON HWY; thence N 55°34’27.6″ W a distance of 72.60 feet to a point 130.00 feet to the left and opposite station 293+96, 67 on said construction center line established for SR 42/US 23/MACON HWY; thence S 88°14’56.0″ E a distance of 15.37 feet to a point 120.00 feet left and opposite station 293+85.00 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence N 42°21’08.6″ E a distance of 27.73 feet to a point 92.27 feet to the left and opposite station 293+85 .00 on said construction center line established for SR 42/US 23/MACON HWY; thence S 89°18’01.6″ E a distance of 33.50 feet to a point 70.00 feet left and opposite station 293+59.97 on the said center line of construction drawn for SR 42/US 23/MACON HWY; thence S 49°46’39.0″ E a distance of 121.53 feet to the point of commencement. Containing 0.207 acres more or less. The title, estate or interest in the lands described above, required by the condemner and now taken by the condemner for public use, is as follows: title in fee simple to the lands described above, as indicated on the attached plans dated January 4, 2019; Last revised: Sheet No. 67, May 11, 2020; and Sheet No. 71, March 23, 2020. A permanent easement is condemned for the right to construct and maintain slopes and utilities and is shown on the attached plans marked Schedule 1-A. Said easement may also be used temporarily for silt control and to construct any driveways deemed necessary by the Department of Transportation. A permanent easement is condemned for the right to build and maintain slopes and is shown on the attached plans marked Appendix 1-A. Said easement may also be used temporarily for silt control and to construct any driveways deemed necessary by the Department of Transportation. 905-63798, 3,9,16,2022

Kevin A. Perras