gpn13
CITATION
IN THE SUPERIOR COURT OF
HALL COUNTY
STATE OF GEORGIA
CITY OF OAKWOOD, GEORGIA
Plaintiff-Condemnor
vs.
1.34 acres of permanent easement
rights; Partners 53 Investments, LLC,
individually, Defendant-Condemnee.
DOCKET NO. 09-CV-3545-B
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 $7,500.00 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 22nd day of September, 2009.

GREG WHITMIRE
DEPUTY CLERK, SUPERIOR COURT
HALL COUNTY
Upper Mulberry Creek Basin Wastewater System – Phase III
Oakwood-Braselton Sewerage System

Parcel Number:
19

REQ’D R/W:

1.34 acres of permanent easement rights

PROPERTY OWNER: Partners 53 Investments, LLC

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 northwestern right of way intersection of State Route 53/Winder Highway and Howington Road; thence N34°04’50” W a distance of 469.35 feet to the POINT OF BEGINNING.

Thence, leaving said Right of Way of State Route 53, South 83°50'55" East, a distance of 222.04 feet to a point; thence South 46°52'26" East, a distance of 357.07 feet to a point; thence South 01°52'26" East, a distance of 74.51 feet to a point; thence South 46°52'26" East, a distance of 141.76 feet to a point; thence South 01°52'26" East, a distance of 91.92 feet to a point; thence South 46°52'26" East, a distance of 1709.11 feet to a point; thence, South 80°17'06" West, a distance of 25.10 feet to a point; thence, North 46°52'26" West, a distance of 1716.38 feet to a point; thence North 01°52'26" West, a distance of 77.78 feet to a point; thence North 46°52'26" West, a distance of 141.76 feet to a point; thence North 01°52’26”W, a distance of 74.51; thence N46°52’26”W, a distance of 334.61 feet to a point; thence North 83°50'55" West, a distance of 173.08 feet to a point; thence North 46°14’32" West, a distance of 32.77 feet to a point; thence N46°01’09”W, a distance of 4.89 back to the POINT OF BEGINNING.

Said tract contains 58,380 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 Partners 53 Investments, LLC by Rochester & Associates, Inc dated 08/12/08, and last revised 08/18/09.

APPENDIX “A”-1
231589 9/25, 10/2