Newspaper Page Text
LEGALS from Page 4B
lowing:
In general: provide all materials, equip
ment, and labor tor the resurfacing of 86
Forsyth County roads, approximately
31 304 miles
All work to be completed by November
20, 2004
Copies of the bidding documents and
plans may be obtained at the Forsyth
County Purchasing Department, 118
Castleberry Road. Suite 13. Cumming,
GA 30040 between the hours of 8:00
a.m. and Noon, 1:30 p.m. to 4:30 p.m.
Telephone 770 888 8872.
The envelopes containing the Bids must
be sealed, addressed to Forsyth County
Board of Commissioners, Georgia, and
delivered to Forsyth County Purchasing
Department. 118 Castleberry Road Suite
113. Cumming, GA 30040 by 10:30 a.m
May 6. 2004. No blds will be accepted
after that date and time. Bid envelopes
must state the following In the lower left
hand corner: Bld #O4-33-3150 the com
pany name submitting the bld.
Each Bidder must deposit with his Bid. a
Bid Bond, or a Certified or Cashier's
Check to the order of the Forsyth County
Board of Commissioners In an amount
not less than five percent (5%) of the
amount bid and a Consent of Surety
form from a surety company licensed to
conduct business in the State of
Georgia, engaging to furnish, upon
award of the Contract, a Performance
Bond and a Payment Bond each in a
sum not less than one hundred percent
(100%) of the total price bid tor the com
pleted work and the appropriate insur
ance certificate.
Bids will be opened at 2:00 p.m. May 6,
2004 in the Forsyth County Purchasing
Department, 118 Castleberry Road.
Suite 113, Cumming, GA 30040 Award
of proposal/bid will be made at a later
date The Board of Commissioners
reserves the right to reject any or all
bids Bidders and the general public are
invited to attend the bid opening
Donna H. Kukarola
Contract Administrator
L474.4/14, 21,28,5/5
‘ citation”
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO. 04CV-0631
IN REM
DEPARTMENT OF TRANSPORTATION
vs.
0 178 acres of land: certain ease
ment rights: certain access rights: and
Enzonic of Cumming, LLC; Dawson
County Bank; United Community Bank of
Dawson County. Southern Wireless. Inc .
and Carrier Services. Inc., 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 noti
fied. 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 sub
divisions. or by any county of such State,
as follows
That the above stated case, being a con
demnation in rem against the property
hereinafter described, was tiled in said
Court on the 7th day of April. 2004. That,
in accordance with provisions of the
aforesaid Official Code, a Declaration of
Taking, duly authorized and properly exe
cuted as provided by the Official Code
has been made and filed in said case,
declaring the necessity tor and exercis
ing 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 $613,725 00 as the just compen
sation tor 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 tor 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 sur
render possession of the projjerty to the
Department of Transportation no later
than 60 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 proceed
ings.
The said property, as thus affected, is
described
as follows:
SEE PAGE 20-A; 20-B. FOR DESCRIP
TION
This 7th day of April , 2004
By:/s/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Project Number NH-056-KSB) Forsyth
County
Parcel Number: 3
Required RAN:
0 178 acres of land certain ease
ment rights; and 103 88 linear feet of
access nghts
Property Owners: Enzonic of Cumming,
LLC; Dawson County Banks: United
Community Bank of Dawson County;
Southern Wireless, Inc.; and Carrier
Services. Inc.
All that tract or parcel of land lying and
being in Land Lots 224 and 225 of the
2nd Land District of Forsyth County,
Georgia, being more particularly
described as follows
BEGINNING at the point of intersection
on the southwestern existing right of way
line of State Route 20 with the property
line between the lands of the condem
nees and the lands now or formerly
owned by Georgia Baptist Health Care
Systems. Inc., said point being 38.71
feet right of and opposite station
104+33 952 on the construction center
line of State Route 20 on Georgia
Highway Project NH-056-1 (58), running
thence southeasterly along said south
western existing right of way line a dis
tance of 56.21 feet to a point 34 52 feet
right of and opposite station 104+90 005
on said centerline; thence continuing
southeasterly along said southwestern
existing right of way line a distance of
78.90 wet to a point 35.64 feet right of
and opposite station 105+68 893 on said
centerline, said point also being a point
on the property line between the lands of
the condemnee and the lands now or for
merly owned by Georgia Industrial Park;
thence southwesterly along said latter
property line a combined distance of
78 23 feet to a point 100 00 feet right of
and opposite station 105+24 701 on said
centerline; thence N 46’41' 47.1’ W a
distance of 103 88 feet to a point 100.00
foot right of and opposite station
104+20.818 on said centerline, sold
point also being a point on said property
lino between the lands of the condom
noos and the lands now or formerly
owned by Georgia Baptist Health Caro
Systems, Inc.; thence northeasterly
along said property lino between the
lands of the condemnees and the lands
now or formerly owned by Georgia
Baptist Health Care Systems, Inc. a dis
tance of 82 88 foot back to the point of
BEGINNMG. Said described land being
the required right of way and Is shown
colored yellow on the attached plat
marked Annex 1-A.
Also condemned in these proceedings is
any title, estate, or any interest In the
entire building, as well as the right to dis
mantle or remove the entire building
labeled on the above referenced plats a
’BLDG'. Said building is located partially
on the required right of way described
above and partially on the remaining
lands of the condemnees. Said building
is situated approximately opposite sta
tion 105+00 on the construction center
line of State Route 20 on Georgia
Highway Project NH-056-1 (58).
20-A. Parcel No. 3
Also to be required by condemnation are
103.88 linear feet of access rights
described as follows: beginning at a point
on the property line between the lands of
the condemnees and the lands now or
formerly owned by Georgia Baptist
Health Care Systems, Inc., said point
being 100.00 feet right of and opposite
station 104+20.618 on the construction
centerline of State Route 20 on Georgia
Highway Project NH-056-1 (58); thence
S46° 41' 47 1 "Ea distance of 103.88
feet ending at a point 100.00 feet right of
and opposite station 105+24.701 on said
centerline, said point is also a point on
the condemnees southern property line.
The title, estate or Interest In the above
described lands, required by condemnor
and now taken by condemnor for public
use as rights of way for a LIMITED
ACCESS HIGHWAY as defined under
the Official Code of Georgia Annotated
sections 32-6-110 through 32-6-119 is as
follows: Fee simple title to all the above
described lands as shown colored yellow
on the attached plat marked Annex 1-A
and such access rights as may be
required between the condemnees'
remaining real property and existing
roads, streets or highways, intersecting
or adjacent to the LIMITED ACCESS
HIGHWAY, such access rights and lands
being specifically delineated on
Department of Transportation plat dated
the Bth day of May 2001; Last Revised:
Sheet No 11 on October 17, 2003 and
attached to Appendix "A’ to Exhibit ’A' as
Annex 1-A.
A temporary work easement is con
demned for the right to enter upon the
adjacent lands not condemned for the
limited purpose of effectuating removal
of a building acquired herein, and the
work of removing this building shall be
done in a expeditious manner with as lit
tle disruption to the remainder as is prac
ticable under the circumstance The
easement will begin on the date posses
sion is granted and continue until the
building is removed or until January 31.
2007, whichever comes first, at which
time said easement will expire Said
building being shown on the attached
plat marked Annex 1-A and is labeled
BLDG.
20-B
Parcel No 3
L475,4/14,21
’c’itaton”
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO 04C V-0632
IN REM
DEPARTMENT OF TRANSPORTATION
VS
0 531 acres of land: certain ease
ment rights: and certain access rights;
and
Lawrence R Sullivan and Janice
Sullivan, as joint tenants with right of sur
vivorship; and Atlanta Paint and
Bodyworks. Limited Liability Company,
individually
The said named persons and any and all
other persons known and unknown
claiming any right, title. jx>wer. 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 noti
fied. 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 sub
divisions. or by any county of such State,
as follows:
That the above stated case, being a con
demnation in rem against the property
hereinafter described, was filed in said
Court on the 7th day of April, 2004:
That, in accordance with provisions of
the aforesaid Official Code, a Declaration
of Taking duly authorized and property
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 tor State-aid public road
purposes, thereby vesting the title to
same In the Department of
Transportation; and. in pursuance of
Parcel No. 5 19
such authority, the Department of
Transportation has deposited with the
Clerk of the Superior Court of said
County $858,585.00 as the just compen
sation tor 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 tor 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 sur
render possession of the property to the
Department of Transportation no later
than 60 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 proceed
ings.
The said property, as thus affected. Is
described
as follows
SEE PAGE 20-A and 20-B; FOR
DESCRIPTION
This 7th day of April, 2004
By:/s/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Parcel No. 5 20
Project Number: NH-056-1 (58) Forsyth
County
Parcel Number: 5
Required R/W:
0.531 acres of land; certain ease
ment rights; and 199 85 linear feet of
access rights
Property Owners: Lawrence R. Sullivan
and Janice Sullivan, as joint tenants with
right of survivorship; and Atlanta Paint
and Bodyworks, Limited Liability
Company
All that tract or parcel of land lying and
being In Land Lots 208, 225 and 226 of
the 2nd Land District in Forsyth County.
Georgia, being more particularly
described as follows:
BEGINNING at the point of intersection
of the condemnees western and north
ern property lines, said point being 3.00
feet left of and opposite station
308+23 029 on the construction baseline
of Ramp B on State Route 20 on
Georgia Highway Project NH-056-1 (58);
running thence northeasterly along said
northern property line a distance of
150 49 feet to a point 7.17 feet right of
and opposite station 309+74.028 on said
construction baseline, said point Is also s
point on the condemnees eastern prop
erty line; thence southeasteriy along said
eastern property line e distance of 12.56
feet to a point 15.27 Meet right of and
opposite station 309+83.786 on said
construction baseline; thence southeast
erly along said eastern property line a
distance of 130.74 feet to a point 135.04
feat right of and opposite station
310+43.591 on said construction base
line; thence southwesterly 199.85 feet
along the arc of a curve to the loft (said
curve having a radius of 502.00 feet and
a chord distance of 198.54 feet on a
bearing of S 86’ 15' 59.4’ W) to a point
135.05 feet right of and opposite station
307+89.968 on said construction base
line. said point is also a point on said
western property line of the condem
nees; thence northerly along said west
ern property line a distance of 141 16
feet back to the point of BEGINNING.
Said described land being the required
right of way and Is shown colored yellow
on the attached plats marked Annex 1-A.
Also to be acquired by condemnation are
199 85 linear feet of accesa rights
described as follows: beginning at a point
on the condemnees western property
line, said point being 135.05 feet right of
and opposite station 307+89.968 on the
construction baseline of Ramp B on
State Route 20 on Georgia Highway
Project NH-056-1 (58); thence northeast
erly 199.85 feet along the arc of a curve
to the right (said curve having a radius of
502.00 feet and a chord distance of
198.54 feet on a bearing of N 86° 15
59.4’E) ending at a point 135 04 feet
right of and opposite station 310+43.591
on said construction baseline, said point
is also a point on the condemnees east
ern property line
Also condemned in these proceedings is
any title, estate, or any Interest in the
entire building, as well as the right to dis
mantle or remove the entire building
labeled on the above referenced plat as
BLDG Said building is located partially
on the required right of way described
above and partially on the remaining
lands of the condemnees. Said building
is situated approximately opposite sta
tion 309+00 on the construction baseline
of Ramp B on State Route 20 on
Georgia Highway Project NH-056-1 (58)
20-A. Parcel No. 5
The title, estate or interest in the above
described lands, required by condemnor
and now taken by condemnor for public
use as rights of way for a LIMITED
ACCESS HIGHWAY as defined under
the Official Code of Georgia Annotated
sections 32-6-110 through 32-6-119 is as
follows: Fee simple title to all the above
described lands as shown colored yellow
on the attached plats marked Annex 1-A
and such access rights as may be
required between the condemnees'
remaining real property and existing
roads, streets or highways, intersecting
or adjacent to the LIMITED ACCESS
HIGHWAY, such access nghts and lands
being specifically delineated on
Department of Transportation plats dated
the Bth day of May. 2001; Last Revised
Sheet No 4 on October 31. 2003 and
Sheet N 0.9 on February 17. 2004 and
attached to Appendix "A" to Exhibit ’A" as
Annex 1 -A.
A temporary work easement is con
demned for the right to enter upon the
adjacent lands not condemned for the
limited purpose of effectuating removal
of a building acquired herein; and the
work of removing this building shall be
done in an expeditious manner with as
little disruption to the remainder as is
practicable under the circumstance The
easement will begin on the date posses
sion is granted and continue until the
building is removed or until January 31.
2007. whichever comes first, at which
time said easement will expire Said
building being shown on the attached
plats marked Annex 1-A and is labeled
BLDG
Parcel No. 5 20-B
L 476, 4/14,21
’’CITATION”
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO 04CV-0633
IN REM
DEPARTMENT OF TRANSPORTATION
VS.
0 266 acres of land: and certain
easement rights: and
First Med. LLC. a Georgia limited liability
company; Regions Bank; Integrity Bank.
CIT Small Business Lending
Corporation: Bilodeau s Salon and Day
Spa. Inc.; Krlshnamurthy Mudaliar,
L L C.; Lipka Enterprises, LLC d/b/a
Philty Connection, Atlanta South
Physical Therapy, Inc.; Verizon Wireless.
Inc ; and American States Insurance
Company d/b/a Safeco 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 noti
fied. under the provisions of the Official
Code of Georgia Annotated Sections 32-
3-4 through 32-3-19. providing tor the
exercise of the power of eminent domain
by the State of Georgia, or any of its sub
divisions, or by any county of such State,
as follows:
That the above stated case, being a con
demnation in rem against the property
hereinafter described, was filed in said
Court on the 7the day of April, 2004;
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 tor 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 $901,625.00 as the just compen
sation tor 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 tor 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 sur
render possession of the property Io the
Department of Transportation no later
than 60 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, oranyofthem. shall havethe
right, at anytime 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 bo In writing and
made a part of the record In the proceed
ings
The said property, as thus affected. Is
described
as follows:
SEE RAGE 20-A; 20-B FOR DESCRIP
TION.
This 7th day of April, 2004.
By:/#/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
20.
Parcel No. 21
Project Number: NH-056-1(58) Forsyth
County
Parcel Number :21
Required R/W
0 266 acroa of land; and certain
easement rights
Property Owners: First Med, LLC, a
Georgia limited liability company;
Regions Bank; Integrity Bartk; CIT Small
Business Lending Corporation;
Bilodeau's Salon and Day Spa, Inc.;
Krlshnamurthy Mudaliar, L.L.C.; Lipka
Enterprises,LLC dlb/a Phllly Connection;
Atlanta South Physical Therapy, Inc.;
Verizon Wireless, Inc.; and American
States Insurance Company dlb/a Safeco
All that tract or parcel of land lying and
being In Land Lot 224 of the 2nd Land
District of Forsyth County, Georgia, being
more particularly described as follows:
BEGINNING at the point of Intersection
of the southwestern existing right of way
line of State Route 20 with the property
line between the lands of the condem
nees and the lands now or formerly
owned by Waffle House, Inc., said point
being 28.13 feet right of and opposite
station 111+46.190 on the construction
centerline of State Route 20 on Georgia
Highway Project NH-056-1 (58); running
thence southeasterly along said south
western existing right of way line a dis
tance of 246.27 to a point 29.24 feet right
of and opposite station 113+93.077 on
said centerline, said point also being a
Soint on the property line between the
inds of the condemnees and the lands
now or formerly owned by Wayne
Phillips, ETAL; tnence southwesterly
along said latter property line a distance
of 45.77 feet to a point 75.00 feet right of
and opposite station 113+93.902 on said
centerline; thence northwesterly 258.50
feet along the arc of a curve to the left
(said curve having a radius of 11,384.20
feet and a chord distance of 258.49 feet
on a bearing of N 45° 14 42.0* W) to a
point 75.00 feet right of and opposite sta
tion 111+33.699 on said centerline, said
point also being a point on said property
line between the lands of the condem
nees and the lands now or formerly
owned by Waffle House. Inc.; thence
northeasterly along said property line
between the lands of the condemnees
and the lands now or formerly owned by
Waffle House, Inc. a distance of 48.49
feet back to the point of BEGINNING
Said described land being the required
right of way and is shown colored yellow
on the attached plats marked Annex 1-A.
BEGINNING at a point the property line
between the lands of the condemnees
and the lands now or formerly owned by
Waffle House Inc., said point being
75 00 feet right of and opposite station
111 +33 699 on the construction center
line of State Route 20 on Georgia
Highway Project NH-056-1 (58) running
thence southeasteriy along a curved line
parallel to said centerline to a point
75 00 feet right of and opposite station
113+00.000 on said centerline; thence
southwesterly along a straight line to a
point 85 00 feet right of and opposite sta
tion 113+00.000 on said centerline;
thence northwesterly along a curved line
parallel to said centerline to a point
85 00 feet right of and opposite station
111+31 021 on said centerline, said
point also being a point on said profierty
line between the lands of the
Parcel No. 21
20-A
condemnees and the lands now or for
merly owned by Waffle House. Inc.;
thence northeasterly along said property
line back to the point of BEGINNING.
Said described land being a permanent
easement tor the construction of header
curb is shown colored green on the
attached plats marked Annex 1-A
BEGINNING at a point on the property
line between the lands of the condem
nees and the lands now or formerly
owned by Wayne Phillips. ETAL, said
point being 75 00 feet right of and oppo
site station 113+93 902 on the construc
tion centerline of State Route 20 on
Georgia Highway Project NH-056-1 (58);
running thence southwesterly along said
property line to a point 194 00 feet right
of and opposite station 113+96.079 on
said centerline; thence northwesterly
along a straight line to a point 194.00
feet right of and opposite station
113+68 00 on said centerline; thence
northeasterly along a straight line to a
point 100.00 feet right of and opposite
station 113+68.00 on said centerline;
thence northwesterly along a straight line
Io a point 100 00 leet right of and oppo
site station 113+00 00 on said centerline;
thence northeasterly along a straight line
to a point 75 00 feet right of and opposite
station 113+00 00 on said centerline;
thence southeasteriy along a curved line
parallel to said construction centerline
back to the point of BEGINNING. Said
described land being a temporary ease
ment for the construction of a driveway
and is shown colored orange on the
attached plats marked Annex 1-A
The title, estate or interest In the above
described lands, required by condemnor
and now taken by condemnor tor public
use is as follows Fee simple title to all
the above described lands as shown col
ored yellow on the plats dated the Bth
day of May 2001; Last Revised
Sheet Nos 11 and 12 on October 17
2003 and attached to Appendix “A" to
Exhibit ■A" as Annex 1 -A
A permanent easement is condemned
tor the right to construct header curb and
is shown colored green on the attached
plats marked Annex 1-A
A temporary easement is condemned tor
the right to construct a driveway to con
nect the newly constructed road and
right of way to the condemnees' remain
ing lands for driveway purposes. Said
easement will expire on January 31,
2007 and is shown colored orange on
the above mentioned plats. Upon com
pletion of the project, the driveway will
remain in place tor use by the condem
nees
Parcel No. 21
20-B
L477,4/14,21
’citation l
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO. 04CV-0640
IN REM
DEPARTMENT OF TRANSPORTATION
VS.
1.638 acres of land; and certain
easement rights; and Diane Hansard:
Charlene Plrkle: Carol Pendley: Levon
Thomas: Margie Pendley: Gloria Corn:
George Brice Bennett. Jr. and Kathy
Grogan, 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 noti
fied, 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 sub
divisions. or by any county of such State,
as follows:
That the above stated case, being a con
demnation In rem against the property
hereinafter described, was filed In said
Court on the Bth day of April. 2004, That.
In accordance with provisions of the
aforesaid Official Code, a Declaration of
Taking, duly authorized and properly exe
cuted as provided by the Official Code,
has been made and filed In said case,
declaring the necessity tor and exercis
ing the power of taking the said
described lands tor State-aid public road
purposes, thereby vesting the title to
eame in the Department of
Transportation: and. in pursuance of
19.
Percel No 113
such authority the Department of
Transportation has deposited with the
Clerk of the Superior Court of said
County $337,900 00 as the just compen
sation tor 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 tor Immediate possession of said
property, and all persons having any
Interest tn or claim against such property,
as above set forth, are required by the
Order of the Judge of said Court to «ur-
FORSYTH COUNTY NEWS - Wednesday, April 14, 2004-1
render possession of the property to the
Department of Transportation no later
than 60 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 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 Bth day of April, 2004.
ByJs/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Parcel No. 113 20.
Project Number: STP-054-1(47) Forsyth
County
Parcel Number: 113
Required RIW:
Property Owners: 1.638 acres
of land; and certain easement rights
Diane Hansard; Charlene Plrkle; Carol
Pendley; Levon Thomas; Margie Pendley:
Gloria Corn; George Brice Bennett. Jr.;
and Kathy Grogan
All those tracts or parcels of land lying
and being in Land Lots 294, 295 and 355
of the 2nd Land District In Forsyth
County, Georgia, being more particularly
described as follows:
Tract 1
BEGINNING at the point of Intersection
of the northeastern existing right of way
line of State Route 20 with the southern
existing right of way tine of Nuckols
Road/County Road 454, said point being
38.12 feet left of and opposite station
139+70.88 on the construction centerline
of State Route 20 on Georgia Highway
Project STP-054-1 (47); running tnence
northeasterly along said southern exist
ing right of way line a combined distance
of 329.77 feet to a point 39.31 feet right
of and opposite station 84+00.00 on the
construction centerline of Nuckols Road
on said project; thence 5° 41' 55.3" Ea
distance of 10 69 feet to a point 50.00
feet right of and opposite station
84+00 00 on said Nuckols Road center
line; thence 5 69' 18 04 7 W a distance of
90 71 feet to a point 50.00 feet right of
and opposite station 83+09.29 on said
Nuckols Road centerline: thence south
westerly 76 78 feet along the arc of a
curve to the left (said curve having a
radius of T,527.36 feet and a chord dis
tance of 76.77 feet on a bearing of S 87'
51'41 O’ W) to a point 50 00 feet right of
and opposite station 82+30.00 on said
Nuckols Road centerline: thence S 23°
39' 42 5* W a distance of 85.93 feet to a
point 100.00 feet left of and opposite sta
tion 141+00.00 on said centerline of
State Route 20; thence S 38° 25' 54.5’ E
a distance of 73.79 feet to a point 100.00
feet left of and opposite station
141+73.79 on said centerline of State
Route 20, said point also being a point
on the property line between the land of
the condemnees and the lands now or
formerly owned by Dennis Grogan;
thence southwesterly along said property
line a distance of 70.15 feet to a point
29 91 feet left of and opposite station
141+70.91 on said centerline of State
Route 20, said point also being a point
on said northeastern existing right of way
line of State Route 20; thence northwest
erly along said northeastern existing
right of way line of State Route 20 a dis
tance of 200 19 feet back to the point of
BEGINNING.
Tract II
BEGINNING at the point of intersection
of the northeastern existing right of way
line of State Route 20 with the property
line between the lands of the condem
nees and the lands now or formerly
owned by Dennis Grogan, said point
being 22.53 feet left of and opposite sta
tion 143+50.75 on the construction cen
terline of State Route 20 on Georgia
Highway Project STP-054-1 (47); running
thence northeasterly along said property
line a distance of 77.53 feet to a point
100.00 feet
Parcel N 0.113 20-A.
left of and opposite station 143+53 88 on
said centerline; thence southeasterly
147 40 feet along the arc of a curve to
the right (said curve having a radius of
11.559 20 feet and a chord distance of
147 40 feet on a bearing of S 36‘ 01'
48 9' F) to a point 100.00 feet left of and
opposite station 145+00 00 on said cen
terline; thence N 54° 20 06.2' Ea dis
tance of 10.00 feet to a point 110 00 feet
left of and opposite station 145+00.00 on
said centerline; thence southeasterly
363 46 feet along the arc of a curve to
the right (said curve having a radius of
11.569.20 feet and a chord distance of
363 44 feet on a bearing of S 34° 45'
53 8’ E) to a point 110.00 feet left of and
opposite station 148+60.00 on said cen
terline; thence S 56° 08' 06 r W a dis
tance of 25 00 feet to a point 85 00 feet
left of and opposite station 148+60.00 on
said centerline; thence southeasterly
114 57 feet along the arc of a curve to
the right(said curve having a radius of
11.544 20 feet and a chord distance of
114.57 feet on a bearing of S 33° 34'
50 3" E) to a point 85.00 feet left of and
opposite station 149+73.72 on said cen
terline. said point also being a point on
the property line between the lands of
the condemnees and the lands now or
formerly owned by George and Pamela
E Power; thence westerly along said lat
ter property line a distance of 86.26 feet
to a point 12.28 feet left of and opposite
station 149+27.54 on said centerline,
said point also being a point on said
northeastern existing right of way line of
State Route 20; thence northwesterly
along said northeastern existing right of
way line a combined distance of 577.70
feet back to the point of BEGINNING.
Said described lands being the required
right of way and are shown colored yel
low on the-attached plats marked Annex
1-A.
BEGINNING at a point 110.00 feet left of
and opposite station 148+20 00 on the
construction centerline of State Route 20
on Georgia Highway Project STP-054-
1(47); running thence northeasterly
along a straight line to a point 150.00
feet left of and opposite station
148+20.00 on said centerline; thence
southeasterly along a straight line to a
point 150.00 feet ten of and opposite sta
tion 148+60.00 on said centerline;
thence southwesterly along a straight
line to a point 110.00 feet left of and
opposite station 148+60.00 on said cen
terline, thence northwesterly along a
curved line parallel to said construction
centerline back to the point of BEGIN
NING Said described land being a per
manent easement tor the construction
and maintenance of drainage and is
shown colored blue on the attached plats
marked Annex 1-A.
BEGINNING at a point on the southern
existing right of way line of Nuckols
Road/County Road 454, said point being
39.31 feet right of and opposite station
84+00 00 on the construction centertine
of Nuckols Road/County Road 454 on
Georgia Highway Project STPOS4-1(47);
running thence easterly along said
southern existing right of way line to a
point 38.05 feet right of and opposite sta
tion 84+85.484 on said centerline;
thence continuing easterly elong said
southern existing right of way line to a
point 37.34 feet right of and opposite sta
tion 85+20.000 on said centorllns;
thence southerly along a straight line to
a point 50.00 toot right of and opposite
station 85+20.000 on eald centerline;
thence westerly along a straight line to a
point 50.00 toot right of and opposite sta
tion 84+00.000 on said oontorilno;
thence northerly along a straight lineA
back to the point of BEGINNING. SaiiT
described land being a permanent ease
ment for the construction and mainte
nance of a slope and to shown colored
green on the attached plats marked
Annex 1-A. Said easement may also be
used temporarily for allt control If
deemed necessary by the Department of
Transportation.
Also to be condemned in these proceed
ings are two (2) temporary easements
for the construction of driveways being
described as follows:
BEGINNING at a point 110.00 feet left of
and opposite station 147+37.00 on the
construction centerline of State Route 20
on Georgia Highway Project STP-054-
1(47); running thence northeasterly
along a straight line to a point 150.00
feet left of and opposite station
147+37.00 on said centerline; thence
southeasterly along a straight line to a
point 150.00 feet left of and opposite sta
tion 148+20.00 on said centerllna;
thence southwesterly along a straight
line to a point 110.00 feet toft of and
opposite station 148+20.00 on said cen
terline; thence northwesterly along a
curved line parallel to said construction
centerline back to the point of BEGIN
NING.
BEGINNING at a point on the property
line between the lands of the condem
nees and the lands now or formerly
owned by George and Pamela E. Power,
said point being 85.00 feet left of and
opposite station 149+73.72 on the con
struction centerline of State Route 20 on
Georgia Highway Project STP-054-1 (47);
running thence northwesterly along a
curved line parallel to said construction
centerline to a point 85.00 feet left of and
opposite station 149+40.00 on said cen
terline: thence northeasterly along a
straight line to a point 140.00 feet left of
and opposite station 149+40.00 on said
centerline; thence southeasteriy along a
straight line to a point 140 00 feet left of
and opposite station 150+08.19 on said
centerline, said point also being a point
on said property line between the lands
of the condemnees and the lands now or
formerly owned by George and Pamela
E Power; thence westerly along said
property line back to the point of BEGIN-
Sald described lands being temporary
easements tor the construction of drive
ways and are shown colored orange on
the attached plats marked Annex 1 -A.
The title, estate or interest In the above
described lands, required by condemnor
and now taken by condemnor tor public
use is as follows: Fee simple title to all
the above described lands as shown col
ored yellow on the plats dated the 30th
day of April 2002; Last Revised:
Sheet No. 6 on January 30, 2004, Sheet
No. 7 and Sheet No. 8 on September 9.
2003 and attached to Appendix *A* to
Exhibit ’A’ as Annex 1-A.
Parcel No. 113 20-C
A permanent easement is condemned
tor the right to construct and maintain a
slope to connect the newly constructed
road and right of way to the condem
nees' remaining lands Said easement is
shown colored green on the attached
plats marked Annex 1-A. Said easement
may also be used temporarily for silt con
trol if deemed necessary by the
Department of Transportation
A permanent easement is condemned
for the right to construct and maintain
drainage within the easement area
shown colored blue on the attached plats
marked Annex 1-A.
Two temporary easements are con
demned for the right to construct drive
ways to connect the newly constructed
road and right of way to the condem
nees' remaining lands tor driveway pur
poses Said easements will expire on
January 31 2007 and are shown colored
orange on the above mentioned plats.
Upon completion of the project, the dri
veways will remain in place for use by
the condemnees
Parcel No. 113 20-D.
L478,4/14, 21
NOTICE OF PROPOSED
MODIFICATION OF VOTING
PRECINCT BOUNDARY
The Forsyth County Chief Registrar,
Gary J. Smith, does hereby provide
notice, as required in O.C.G.A. §2l-2-
262(c), of a modification of precinct
boundaries in the Windermere Precinct.
Precinct boundary maps are currently on
file in the Office of the Chief Registrar,
110 East Main Street, Suite 200,
Cumming, Georgia 30040. and any
affected or interested citizens are
encouraged and invited to view the maps
at that office The available maps will
depict the currently Windermere Precinct
boundary as well as the proposed
Windermere Precinct boundary. This
change in the Windermere Precinct
boundary will be considered and may
become final on April 24, 2004 Any per
son objecting to this modification must
file his or her objections with the
Registrar prior to such date. Should you
have any questions regarding this
precinct boundary modification, please
contact Gary J. Smith, Forsyth County
Chief Registrar at (770) 886-2798
L514,4/14
CITATIONS
NOTICE TO DEBTORS AND
CREDITORS
All creditors to the estate of Mildred
Galasso. late of Forsyth County. Georgia,
deceased, are hereby notified to render
in their demands to the undersigned
according to law and all persons indebt
ed to the said estate are required to
make immediate payment
This 12th day of March. 2004.
Celeste Roesch
Executrix of the Estate of
Mildred Galasso
5720 Charleston Bay Drive
Cumming. Georgia 30041
L277,3/24,31,4/7,14
NOTICE TO DEBTORS AND '
CREDITORS
This notice Is with regard to Jose
Guadalupe Prado G. . deceased, who
died on May 17, 2003. All persons
indebted to Jose Guadalupe Prado G
are requested to make payment to the
undersigned All creditors of Jose
Guadalupe Prado G are required to ren
der an account of their demands In writ
ing sent to the undersigned within the
time specified by law
Lynwood D. Jordan, Jr.
Administrator
115 West Courthouse Square
Cumming. Georgia 30040
(770) 887-1445
L 278, 3/24, 31,4/7,14
NOTICE TO DEBTORS AND
CREDITORS
All creditors to the estate of JUDSON
ECKFORD MOSES, JR., late of Forsyth
County, Georgia, deceased, are hereby
notified to render in their demands Io the
undersigned according to law and all
persons indebted to the said estate are
required to make immediate payment.
This 17 day ol March, 2004
Pearl J Moses
Executrix of the estate of
Judson Ecktord Moses, Jr.
3405 Fairway Circle
Cumming. GA 30041
L280,3/24,31,4/7,14
NOTICE TO DEBTORS AND
CREDITORS
STATE OF GEORGIA
COUNTY OF FORSYTH
All creditors of the Estate of William
Isaiah Monroe, deceased, late of Forsyth
County, are hereby notified to render In
their demands to the undersigned
according to law. and all persons Indebt
ed to said estate are required to make
Immediate payment.
Lipscomb, Johnson, Slelster. Dailey &
Smith, LLP
By: Emory Lipscomb
Attorneys for Tereeea Monroe Cox,
Executor of the Estate of
See LEGALS, Page 6B
PAGE 5B