Houston home journal. (Perry, GA) 2007-current, October 24, 2007, Page 13C, Image 31

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HOUSTON HOME JOURNAL ItIO MiSCiUJUiieiS sions 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 de scribed, was filed in said Court on the sth day of October, 2007; That, in accordance with provisions of the aforesaid Official Code, a Declara tion 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 pur poses, thereby vesting the title to same in the Department of Trans portation; and, in pursuance of such authority, the Department of Trans portation has deposited with the Clerk of the Superior Court of said County $95.700.00 as the just com pensation for the said lands de scribed; 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 pro visions of the Official Code of Geor gia Annotated, the Plaintiff-Condem nor has prayed the Court for Imme diate 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 prop erty to the Department of Transpor tation no later than 30 days from fil ing of the Declaration of Taking. That in accordance with the Official Code of Georgia Anno tated 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 de posited in Court, such person or per sons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the de posit of the fund into Court but not later than 30 days following the date of service as provided for in the Offi cial 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 proceed ings. The said property, as thus affected, is described as follows: SEE PAGE 20-A; 20-B; 20-C; 20-D FOR DESCRIPTION This sth day of October, 2007. Clerk Superior Court HOUSTON COUNTY PROJECT NUMBER: STP-0675 (8) HOUSTON COUNTY PARCEL NUMBER: 42 REQUIRED R/W: 2.408 acres of land; and certain easement rights PROPERTY OWNERS: Wade Wil liams a/k/a O. Wade Williams a/k/a Olen Wade Williams All those tracts or parcels of land lying and being in Land Lots 116 and 141 of the IQlh Land Dis trict of Houston Countv. Georgia, being more particularly described as follows: Tract 1 BEGINNING at the point of intersec tion of the existing southeastern right of way line of Houston Lake Road/State Route 127 with the western property line of the con demnee, said point being 1.12 feet left of and opposite station 165+03.39 on the construction cen terline of State Route 127 on Geor gia Highway Project STP-0675(8); running thence northeasterly along said existing southeastern right of way line a combined distance of 909.04 feet to a point 5.79 feet right of and opposite station 174+12.38 on said centerline, said point also being a point on the eastern prop erty line of the condemnee; thence southeasterly along said eastern property line a distance of 69.21 feet to a point 75.00 feet right of and op posite station 174+12.60 on said centerline; thence S 48° 03' 34" W a distance of 62.60 feet to a point 75.00 feet right of and opposite sta tion 173+50.00 on said centerline; thence N 41° 56' 26” W a distance of 15.00 feet to a point 90.00 feet right of and opposite station 173+50.00 on said centerline; thence S 48°03' 34" W a distance of 100.00 feet to a point 90.00 feet right of and opposite station 172+50.00 on said centerline; thence N 41° 56' 26” W a distance of 15.00 feet to a point 75.00 feet right of and opposite station 172+50.00 on said centerline; thence S 48° 03' 34" W a distance of 250.00 feet to a point 75.00 feet right of and opposite station 170+00.00 on said centerline; thence S 48° 03' 34" W a distance of 149.62 feet to a point 75.00 feet right of and opposite station 168+50.38 on said centerline; thence southwesterly 367.31 feet along the arc of a curve to the to the right (said curve having a radius of 11533.55 feet and a chord distance of 367.29 feet on a bearing of S 48° 58' 19" W) to a point 75.00 feet right of and opposite station 164+85.46 on said centerline, said point also being a point on said western prop erty line of the condemnee; thence northwesterly along said latter prop erty line a distance of 78.22 feet back to the point of BEGINNING. Tract 2 BEGINNING at the point of intersec tion of the existing southeastern right of way line of State Route 127 with the western property line of the ItIO MiscauuiEais condemnee, said point being 4.73 feet right of and opposite station 177+46.78 on the construction cen terline of State Route 127 on Geor gia Highway Project STP-0675(8); running thence northeasterly along said existing southeastern right of way line a combined distance of 545.47 feet to a point 9.58 feet right of and opposite station 182+92.16 on said centerline, said point also being a point on the eastern prop erty line of the condemnee; thence southeasterly along said property line a distance of 75.77 feet to a point 75.00 feet right of and opposite station 182+53.92 on said center line; thence S 48° 03' 34" W a dis tance of 101.92 feet to a point 75.00 feet right of and opposite station 181+52.00 on said centerline, said point also being a point on the north western property line of the con demnee; thence northwesterly along said latter property line a distance of 70.27 feet back to the point of BE GINNING. Said described lands be ing the required rights of way and are shown colored yellow on the at tached plats marked Annex 1 -A. BEGINNING at a point 90.00 feet right of and opposite station 172+50.00 on the construction cen terline of State Route 127 on Geor gia Highway Project STP-0675(8); running thence southwesterly along a straight line to a point 296.77 feet right of and opposite station 170+54.21 on said centerline; thence southwesterly along straight line to a point 380.41 feet right of and opposite station 169+33.14 on said centerline; thence southwest erly along a straight line to a point 483.75 feet right of and opposite station 168+43.70 on said center line; thence southwesterly along a straight line to a point 488.20 feet right of and opposite station 167+04.92 on said centerline; thence southeasterly along a straight line to a point 826.13 feet right of and opposite station 166+05.31 on said centerline; thence southeasterly along a straight line to a point 945.73 feet right of and opposite station 166+33.75 on said centerline; thence southeasterly along a straight line to a point 1071.88 feet right of and opposite station 170+53.47 on said centerline; thence northeasterly along a straight line to a point 1041.50 feet right of and opposite station 172+10.20 on said centerline; thence northeasterly along a straight line to a point 861.77 feet right of and opposite station 172+87.74 on said center line; thence easterly along a straight line to a point 747.73 feet right of and opposite station 170+77.75 on said centerline; thence northwesterly along a straight line to a point 498.19 feet right of and opposite station 171+27.58 on said center line; thence northeasterly along a straight line to a point 271.36 feet right of and opposite station 173+06.57 on said centerline; thence northwesterly along a straight line to a point 90.00 feet right of and opposite station 173+50.00 on said centerline; thence southwesterly along a straight line back to the point of BE GINNING. Said described land be ing a temporary easement for the construction of slopes and is shown colored green on the attached plats marked Annex 1 -A Also to be condemned in these proceedings are two drive ways easements being described as follows: BEGINNING at a point 75.00 feet right of and opposite sta tion 178+38.00 on the construction centerline of State Route 127 on Georgia Highway Project STP-0675(8); running thence north easterly along a straight line to a point 75.00 feet right of and opposite station 179+07.00 on said center line; thence southeasterly along a straight line to a point 148.00 feet right of and opposite station 179+07.00 on said centerline; thence southwesterly along a straight line to a point 148.00 right of and opposite station 178+38.00 on said centerline; thence northwesterly along a straight line back to the point of BEGINNING. BEGINNING at a point on the eastern property line of the con demnee, said point being 75.00 feet right of and opposite station 175+53.92 on the construction cen terline of State Route 127 on Geor gia Highway Project STP-0675(8); running thence southeasterly along a straight line to a point 140.00 feet right of and opposite station 182+15.92 on said centerline; thence southeasterly along a straight line to a point 140.00 feet right of and opposite station 181+94.37 on said centerline; thence northwesterly along a straight line to a point 75.00 feet right of and opposite station 181+94.37 on said centerline; thence northeasterly along a straight line back to the point of BEGIN NING. Said described lands be ing temporary easements for the construction of driveways and are shown colored orange on the at tached plats marked Annex 1 -A. A temporary easement is condemned for the right to construct a slope to connect the newly con structed road and right of way to the condemnee's remaining lands. The easement will expire on August 31, 2010 and is shown colored green on the above mentioned plats. Upon completion of the project, the con demnees shall have the right to use the easement area in accordance with the applicable zoning restric tions, and the condemnor will cease 1110 MISCUIANEMS maintenance of the slope easement area. Said easement may also be used to construct silt control as deemed necessary by the Depart ment of Transportation. The title, estate, or inter est in the above described lands, re quired by condemnor and now taken by condemnor for public use is as follows: Fee simple title to the above described lands all as shown col ored yellow on the plats dated the 30th of April 2001; Last Revised: Sheet Nos. 6,7, and 25 on October 3, 2007 and Sheet No. 6A on June 20, 2007 and attached to Appendix "A" to Exhibit "A" as Annex 1-A. Two temporary ease ments are condemned for the right to construct driveways to connect the new constructed road and right of way to the condemnees remain ing lands for driveway purposes. Said easements will expire on August 31, 2010 and are shown col ored orange on the above men tioned plats. Upon completion of the project, the driveways will remain in place for use by the condemnees. 54955 10/17 -10/24 NOTICE TO THE PUBLIC YOU ARE HEREBY NOTI FIED that on the 31st day of Octo ber, 2007, at 8:45 A.M., at the Hous ton County Courthouse in Perry, Georgia, the Judge of the Superior Court of Houston County will hear the case of the STATE OF GEOR GIA, Plaintiff, v. DEVELOPMENT AUTHORITY OF HOUSTON COUNTY and FRITO-LAY, INC., Defendants., Civil Action File No. 2007-V-8954J-L, in the Superior Court of Houston County, the same being a proceeding to confirm and validate an issue of Development Authority of Houston County Tax able Industrial Development Reve nue Bonds (Frito-Lay, Inc. Project), Series 2007 (the "Bonds"), in the ag gregate principal amount of not to exceed $226,000,000. The Bonds are to be issued by the Develop ment Authority of Houston County (the "Issuer”) for the purpose of (i) refunding prior bonds of the Issuer, issued to finance, in whole or in part, the acquisition, construction and equipping of industrial facilities and expansions thereto (the "Facilities") of the Frito-Lay, Inc., a Delaware corporation (the "Company") in Houston County, Georgia for the manufacture, storage, processing and distribution of snack food prod ucts for sale at retail (the "Existing Project"), and (ii) financing or refi nancing the acquisition, construction and equipping of an expansion to the Facilities of the Company (the "2007 Project") (the Existing Project and the 2007 Project are collectively referred to herein as the "Project"), in order to develop and promote for the public good and general welfare trade, commerce, industry and em ployment opportunities and to pro mote the general welfare of the State of Georgia. Said Project will be leased by the Issuer to the Com pany pursuant to a Lease Agree ment, dated as of November 1, 2007. In said proceeding the Court will also pass upon the validity of said Lease Agreement, an Indenture of Trust, a Bond Purchase Agree ment and a Guaranty Agreement in connection therewith. The Issuer will not con duct any performance audit or performance review with respect to the Bonds as such terms are described in Section 36-82-100, Official Code of Georgia Anno tated. Any citizen of the State of Georgia residing in Houston County, Georgia, or any other person wher ever residing who has a right to ob ject, may intervene and become a party to this proceeding. This 11th day of October 2007. /S/ Carolyn V. Sullivan CLERK, SUPERIOR COURT, HOUSTON COUNTY, GEORGIA 5501210/17-10/24 CITATION IN THE SUPERIOR COURT OF HOUSTON COUNTY GEORGIA DEPARTMENT OF TRANSPORTA TION VS. 0.537 acres of land: and certain easement rights: and O. Wade Wil liams a/k/a Wade Williams a/k/a Olen Wade Williams; Donna S.' Wil liams a/k/a Donna Stroman Williams a/k/a Donna J. Williams; Owen Philip Conger; and Ann McDaniel, individually DOCKET NO. 07-V-89479-L IN REM The said named persons and any and all other persons known and unknown claiming any right, title, power, interest, owner ship, 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 provi sions of the Official Code of Georgia fflO Mscßuumis 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 de scribed, was filed in said Court on the sth day of October, 2007; That, in accordance with provisions of the aforesaid Official Code, a Declara tion 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 pur poses, thereby vesting the title to same in the Department of Trans portation; and, in pursuance of such authority, the Department of Trans portation has deposited with the Clerk of the Superior Court of said County $32.700.00 as the just com pensation for the said lands de scribed; 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 pro visions of the Official Code of Geor gia Annotated, the Plaintiff-Condem nor has prayed the Court for Imme diate 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 prop erty to the Department of Transpor tation no later than 60 days from fil ing of the Declaration of Taking. That in accordance with the Official Code of Georgia Anno tated 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 de posited in Court, such person or per sons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the de posit of the fund into Court but not later than 60 days following the date of service as provided for in the Offi cial 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 proceed ings. The said property, as thus affected, is described as follows: SEE PAGE 20-A; 20-B; FOR DESCRIPTION This sth day of October, 2007. Clerk Superior Court HOUSTON COUNTY STP-0675 (8) HOUSTON COUNTY PARCEL NUMBER: 42A REQUIRED R/W: Q. 537 acres... Qf land: and certain easement rights PROPERTY OWNERS: O. Wade Williams a/k/a Wade Williams a/k/a Olen Wade Williams; Donna S. Wil liams a/k/a Donna Stroman Williams a/k/a Donna J. Williams; Owen Philip Conger; and Ann McDaniel All that tract or parcel of land lying and being in Land Lot lil of the lQlb Land District of Houston County, Georgia, being more par ticularly described as follows: BEGINNING at the point of intersec tion of the existing southeastern right of way line of Houston Lake Road/State Route 27, with the southwestern property line of the condemnees, said point being 5.79 feet right of and opposite station 174+12.38 on the construction cen terline of Houston Lake Road/State Route 127 on Georgia Highway Pro ject STP-0675(8); running thence northeasterly along said southeast ern existing right of way line a com bined distance of 334.47 feet to a point 4.73 feet right of and opposite station 177+46.78 on said center line, said point also being a point on the northeastern property line of the condemnees; thence southeasterly along said latter property line a dis tance of 70.27 feet to a point 75.00 feet right of and opposite station 177+47.00 on said centerline; thence S 48° 03'34" W a distance of 334.40 feet to a point 75.00 feet right of and opposite station 174+ 12.60 feet on said centerline, said point also being a point on the southwestern property line of the condemnees; thence northwesterly along said southwestern property line a distance of 69.21 feet back to the point of BEGINING. Said de scribed land being the required right of way and is shown colored yellow on the attached plats marked Annex 1-A. A temporary easement for removal of an encroachment is con demned for the right to remove a "Block house”, said easement is de scribed as follows: BEGINNING at a point 75.00 feet right of and opposite station 175+15.00 on the construction cen terline of Houston Lake Road/State Route 27 on Georgia Highway Pro ject STP-0675(8); running thence northeasterly along a straight line to a point 75.00 feet right of and oppo site station 175+75.00 on said cen terline; thence southeasterly along a straight line to a point 107.00 feet right of and opposite station 175+75.00 on said centerline; thence southwesterly along a straight line to a point 107.00 feet right of and opposite station 175+15.00 on said centerline; thence northwesterly along a straight line back to the point of BE GINNING. The title, estate, or inter est in the above described lands, re quired by condemnor and now taken TtIO mcauuiEavs by condemnor for public use is as follows: Fee simple title to the above described lands all as shown colored yellow on the plats dated the 30th day of April. 2001: Last Re vised: Sheet Nos. L and 25 on June 2Q. 2QQ7. and attached to Ap pendix "A" to Exhibit "A” as Annex 1-A. The easement will begin on the date possession is granted and continue until the building is re moved or until August 31. 2010. whichever comes first, at which time said easement will expire. Said easement is shown colored green on the attached plats marked Annex 1-A. Said building being shown on the attached plats marked Annex 1-A and is labeled "flock house’. 54958 10/17 -10/24 AUCTION The following vehicles will be sold at auction (per OCGA guide lines) on Monday October 29th, 2007 at 10 am. At 805 Hwy 247-Kathleen, GA 31047: 97 Ford Taurus 1fa1p52u2va160751 93 Honda Civic jhmegß6s6psoslo96 94 Nissan Altlma 1n4bu31f9pc122131 92 Honda Accord Ihgcb7lssnaoooo72 93 Honda Civic 1 hgejl 250p1021961 99 Chevy Blazer 1gndt13w7x2147985 97 Ford Expedition 1fmeu1763v1a34140 99 Honda TRX4SOSX 478te2206x4003691 91 Olds Cutlass 1 g3a154n2m6303282 98 Saturn SLI 1 g8zg5285wz183137 87 Cadillac Deville 1g6cd5184h4324594 89 Ford Thunderbird 1 fapp6o4lkhlß42oo 89 Chevy Astrovan 1 gbdml 5z9kb123309 94 Lincoln Towncar 1 LnLmß2wßry6Bßlßs 94 Toyota Camry 4t15k12e9ru445047 88 Chevy Corsica 1 g 1 Ltsl w4jy622729 94 Toyota Corolla Inxaeo4bßrzl794B6 87 Mazda 82000 jm2uf3119h0587279 55109 10/24 -10/31 AUCTION NOVEMBER 10,2007 9:00 am Bob White Self Storage 103 Woodlawn Drive (across from Wayne Morris Ford) Perry, GA 31069 478-218-5967 John Brown unit #347 leather sofa, piano, loveseat Dallas Cotton unit #077 Battery, misc kitchen items Lori Ellingen unit #213 Commercial video game, treadmill, yard tools The Pruning Guy unit #216 S/P Snapper Mower...yard tools David Parrish unit #134 (3) 27 in. TV, Ixproj TV, 48 uprite vacuums Charles Mitchell unit #215 washer, dryer, 2 tvs, microwave, re cliner Latonya Star Joiner unit #125 & 129 Large projection TV, furniture, Wilder Ensemble, Lamps, Jewelry Chest 55346 10/24 -10/31 CITATION IN THE SUPERIOR COURT OF HOUSTON COUNTY GEORGIA DEPARTMENT OF TRANSPORTA TION VS. 0,052 acres of land; and certain easement rights; and Jimmy E. Walton, individually DOCKET NO. 07-V-89480-K IN REM The said named persons and any and all other persons known and unknown claiming any right, title, power, interest, owner ship, 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 provi sions 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 de scribed, was filed in said Court on the sth day of October, 2007; That, in accordance with provisions of the aforesaid Official Code, a Declara tion 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 WEDNESDAY, OCTOBER 24, 2007 * ItIO MISCfLUNiBIS power of taking the said described lands for State-aid public road pur poses, thereby vesting the title to same in the Department of Trans portation; and, in pursuance of such authority, the Department of Trans portation has deposited with the Clerk of the Superior Court of said County $2,250.00 as the just com pensation for the said lands de scribed; 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 pro visions of the Official Code of Geor gia Annotated, the Plaintiff-Condem nor has prayed the Court for Imme diate 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 prop erty to the Department of Transpor tation no later than 30 days from fil ing of the Declaration of Taking. That in accordance with the Official Code of Georgia Anno tated 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 de posited in Court, such person or per sons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the de posit of the fund into Court but not later thah 30 days following the date of service as provided for in the Offi cial 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 proceed ings. The said property, as thus affected, is described as follows: SEE PAGE 20-A; 20-B; FOR DESCRIPTION This sth day of October, 2007. Clerk Superior Court HOUSTON COUNTY PROJECT NUMBER: STP-0675 (8) HOUSTON COUNTY PARCEL NUMBER: 43 REQUIRED R/W: 0.052 acres of land; and certain easement rights PROPERTY OWNERS: Jimmy E. Walton All that tract or parcel of land lying and being in Land Lot 141 of the 10th Land District of Houston County, Georgia, being more par ticularly described as follows: BEGINNING at the point of intersec tion of the existing northwestern right of way line of Houston Lake Road/State Route 127 with the western property line of the con demnee, said point being 40.37 feet left of and opposite station 175+05.06 on the construction cen terline of Houston Lake Road/State Route 127 on Georgia Highway Pro ject STP-0675(8); running thence northwesterly along said western property line a distance of 11.11 feet to a point 50.00 feet left of and op posite station 175+10.61 on said centerline; thence N 48° 03’ 34" E a distance of 217.12 feet to a point 50.00 feet left of and opposite sta tion 177+27.73 on said centerline, said point also being a point on the eastern property line of the con demnee; thence southeasterly along said latter property line a distance of 12.18 feet to a point 38.93 feet left of and opposite station 177+22.66 on said centerline, said point also being a point on said existing north western right of way line of Houston Lake Road/State Route 127; thence southwesterly along said existing northwestern right of way line a dis tance of 217.60 feet back to the point of BEGINNING. Said de scribed 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 west ern property line of the condemnee, said point being 50.00 feet left of and opposite station 175+10.61 on the construction centerline of Hous ton Lake Road/State Route 127 on Georgia Highway Project STP-0675(8); running thence north westerly along said western property line to a point 75.00 feet left of and opposite station 175+25.00 on said centerline; thence northeasterly along a line parallel to said center line to point 75.00 feet left of and op posite station 177+39.17 on said centerline, said point also being a point on the eastern property line of the condemnee; thence southeast erly along said eastern property line to a point 50.00 feet left of and op posite station 177+27.73 on said centerline; thence southwesterly along a straight line back to the point of BEGINNING. BEGINNING at a point 75.00 feet left of and opposite station 176+30.00 on the construction cen terline of Houston Lake Road/State Route 127 on Georgia Highway Pro ject STP-0675(8); running thence northwesterly along a straight line to a point 90.00 feet left of and oppo site station 176+30.00 on said cen terline; thence northeasterly along a straight line to a point 90.00 feet left of and opposite station 176+80.00 on said centerline; thence south easterly along a straight line to a point 75.00 feet left of and opposite station 176+80.00 on said center line; thence southwesterly along a straight line back to the point of BE GINNING. Said described lands be ing temporary easements for the construction of driveways and is shown colored orange on the at tached plats marked Annex 1 -A. The title, estate, or inter est in the above described lands, re- 13C