CITATION IN THE SUPERIOR COURT OF NEWTON COUNTY GEORGIA DOCKET NO. 2022-CV-1560 IN REM DEPARTMENT OF TRANSPORTATION VS. CERTAIN EASEMENT RIGHTS; and Altha M. Chambers; Estate of Marion C. Middlebrooks, Jr.; Angela Holcombe; Jeffrey Middlebrooks; and Newton 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 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 27th day of July, 2022; 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 $4,800.00 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, 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; FOR DESCRIPTION This 2nd day of August, 2022. /s/ Linda D. Hays Clerk Superior Court NEWTON COUNTY PROJECT NO.: STP00-0922-00(006), P.I. 231210 COUNTY: Newton County PARCEL NO.: 207 PROPERTY OWNERS: Altha M. Chambers; Estate of Marion C. Middlebrooks, Jr.; Angela Holcombe; Jeffrey Middlebrooks; Tax Commissioner of Newton County. Permanent Construction Easement All that tract or parcel of land lying and being in Land Lot 120 of the 10th Land District and/or 461 Georgia Militia District of Newton County, Georgia, being more particularly described as follows: GRANTED is the right to construct and maintain any required slopes and utilities within the easement area shown on the attached plat. Beginning at a point 14.80 feet left of and opposite Station 1207+37.43 on the construction centerline of Salem Circle on Georgia Highway Project No. STP00-0922-00(006); running thence southeasterly 100.80 feet along the arc of a curve (said curve having a radius of 277.89 feet and a chord distance of 100.24 feet on a bearing of S 36°33'34.2" E) to the point 15.88 feet left of and opposite station 1206+42.03 on said construction centerline laid out for C/L Salem Circle; thence S 46°57'01.8" E a distance of 37.88 feet to a point 15.74 feet left of and opposite station 1206+04.15 on said construction centerline laid out for C/L Salem Circle; thence N 49°59'04.9" W a distance of 122.75 feet to a point 33.78 feet left of and opposite station 1207+18.33 on said construction centerline laid out for C/L Salem Circle; thence N 30°14'02.7" W a distance of 26.18 feet to a point 34.72 feet left of and opposite station 1207+41.40 on said construction centerline laid out for C/L Salem Circle; thence N 76°17'16.0" E a distance of 5.04 feet to a point 29.79 feet left of and opposite station 1207+40.47 on said construction centerline laid out for C/L Salem Circle; thence N 76°17'16.0" E a distance of 15.34 feet back to the point of beginning. Containing 0.027 acres more or less. The title, estate or interest in the above described land, required by condemnor and now taken by condemnor for public use is as follows: 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 condemnees remaining land and is shown described within on the attached plats dated November 13, 2019; Last Revised: Sheet No.54 on October 19, 2021; Sheet No.132 on January 17, 2022 and attached hereto as Annex 1-A. Upon completion of construction, nothing in this grant shall prevent the placement or replacement of parking spaces on the permanent easement acquired where the parking spaces are otherwise in accord with all applicable law, rules, regulations and DOT guidelines. 905-77864 8/10 17 2022.
