0823 Local Government

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CITATION
IN THE SUPERIOR COURT OF
HALL COUNTY
STATE OF GEORGIA
CITY OF OAKWOOD, GEORGIA Plaintiff-Condemnor
vs.
20,407 square feet of permanent easement rights; Ingles Markets, Incorporated; and
Atlantic Capital Bank, individually.
Defendant-Condemnees
DOCKET NO. 2009-CV-3526-C
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 §§ 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 9th day of September, 2009; 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 public sewer line purposes, thereby vesting the title to same in the City of Oakwood; and, in pursuance of such authority, the City of Oakwood has deposited with the Clerk of the Superior Court of said County $40,800.00 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 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 City of Oakwood no later than 30 days from filing of the Declaration of Taking.
That in accordance with the Official Code of Georgia Annotated §§ 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 §§ 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 FOR DESCRIPTION
This 17th day of September, 2009.

/s CHARLES BAKER
CLERK, SUPERIOR COURT
HALL COUNTY

Upper Mulberry Creek Basin Wastewater System – Phase III
Oakwood-Braselton Sewerage System

Parcel Number:
6

REQ’D R/W:
20,407 square feet of permanent easement rights

PROPERTY OWNER: Ingles Markets, Incorporated

All that tract or parcel of land lying and being in Georgia Militia District 392 (Clinchem) of Hall County, Georgia, and being more particularly described as follows:

To find the point of beginning, commence at a concrete monument found at the intersection of the southwest right of way intersection of Martin Road and State Route 53, also known as Winder Highway; thence South 19°02’45" East, a distance of 963.84 feet to the POINT OF BEGINNING;

Thence, North 82°31’25" West, a distance of 26.94 feet to a point; thence South 23°47’45" East, a distance of 151.96 feet to a point; thence South 22°42’48" East, a distance of 155.62 feet to a point; thence South 22°16’00” East, a distance of 144.18 feet to a point; thence South 11°18'20" East, a distance of 101.84 feet to a point; thence South 38°23’30" East, a distance of 162.05 feet to a point; thence South 33°37'14" East, a distance of 113.79 feet to a point; thence North 18°57'59" West, a distance of 107.81 feet to a point; thence, North 33°21’48" West, a distance of 167.35 feet to a point; thence North 22°07’32" West, a distance of 335.19 feet to a point; thence North 23°38’13” West, a distance of 198.57 feet back to the POINT OF BEGINNING.

Said tract contains 20,407 square feet as shown colored orange on the attached plat, and described as “Permanent Easement Area” on the certain Sanitary Sewer Easement Exhibit prepared for Braselton Sewerage Facilities, Property of Ingles Marketplace Incorporation by Rochester & Associates, Inc dated 08/11/09, and revised 8/18/2009.

APPENDIX “A”-1
231296 9/24, 10/1



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CITATION
IN THE SUPERIOR COURT OF
HALL COUNTY
STATE OF GEORGIA
CITY OF OAKWOOD, GEORGIA Plaintiff-Condemnor
vs.
1,650 square feet of permanent easement rights; Joyce C. Lott; Thomas M. Lott, Sr.; Blair Lott; and Todd Lott, Individually,
Defendant-Condemnees.
DOCKET NO. 09-CV-3544-A
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 §§ 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 11th day of September, 2009; 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 public sewer line purposes, thereby vesting the title to same in the City of Oakwood; and, in pursuance of such authority, the City of Oakwood has deposited with the Clerk of the Superior Court of said County $3,300.00 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 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 City of Oakwood no later than 30 days from filing of the Declaration of Taking.
That in accordance with the Official Code of Georgia Annotated §§ 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 §§ 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 FOR DESCRIPTION
This 16th day of September, 2009.
/s CHARLES BAKER
CLERK, SUPERIOR COURT
HALL COUNTY

Upper Mulberry Creek Basin Wastewater System – Phase III
Oakwood-Braselton Sewerage System

Parcel Number: 8

REQ’D R/W: 1,650 square feet of permanent easement rights

PROPERTY OWNER: Joyce C. Lott; Thomas M. Lott, Sr., Blair Lott, and Todd Lott

All that tract or parcel of land lying and being in Georgia Militia District 392 (Clinchem) of Hall County, Georgia, and being more particularly described as follows:

TO FIND THE POINT OF BEGINNING, Commence at the centerline intersection of State Route 53/Winder Highway and Union Place Road; thence South 82°37’53" West, a distance of 107.14 feet to a point on the Northwest right of way of Union Place Road, said point also being the POINT OF BEGINNING;

Thence, along said right of way of Union Place Road, South 20°50’47" West, a distance of 41.01 feet to a point; thence North 41°44'40" West, a distance of 45.12 feet to a point; thence North 48°25’39" East, a distance of 10.00 feet to a point; thence North 02°59’25” East a distance of 37.52 feet to a point on the Southwest right of way of State Route 53/Winder Highway; thence South 41°44’40" East, a distance of 52.88 feet back to the POINT OF BEGINNING.

Said tract contains 1,650 square feet as shown colored orange on the attached plat, and described as “Permanent Easement Area” on the certain Sanitary Sewer Easement Exhibit prepared for Braselton Sewerage Facilities, Property of Joyce C. Lott by Rochester & Associates, Inc dated 08/11/09, and last revised 08/18/09.

APPENDIX “A”-1
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PUBLIC NOTICE
City of Oakwood
The Oakwood City Council will hold a work session on Monday, October 5, 2009 at 4:00 pm at the City of Oakwood, City Hall, 4035 Walnut Circle, Oakwood, Georgia for the purpose of discussing general business and the proposed 2010 budget.
Patti J. Doss-Luna, Assistant City Manager
City of Oakwood, Georgia
232294 10/1