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LEGALS from Page 4B
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 proper
ty. 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 prop
erty. shall be dissatisfied with the com
pensation, 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 fol
lowing the date of service as provided
for in the Official Code of Georgia
Annotated Sections 32-3-8 through 32-
3-10 to tile with the Court a notice of
appeal, the same to be in writing and
made a part of the record in the pro
ceedings
The said property, as thus affected, is
described
as follows:
SEE PAGE 20-A; 20-B; 20-C FOR
DESCRIPTION
This 04 day of April. 2004
Ist Judy Westray
Chief Deputy Clerk Superior Court
FORSYTH COUNTY
Project Number: STP-054-1 (47) Forsyth
County
Parcel Number: 109
Required R/W: 0.660 acres of land: and
certain easement rights
Property Owners: Ingles Markets.
Incorporated: and LaSalle National
Leasing Corporation
All that tract or parcel of land lying and
being in Land Lots 282 and 295 of the
2nd Land District. Ist Section 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 MBC Associates. LLC. said
point being 29.92 feet right of and oppo
site station 129+42 92 on the construc
tion centerline of State Route 20 on
Georgia Highway Project STP-054-1
(47); running thence southeasterly along
said southwestern existing right of way
line a distance of 52 12 feet to a point
30 38 feet right of and opposite station
129+95 17 on said centerline: thence
continuing southeasterly along said
southwestern existing right of way line a
distance of 449.19 feet to a point 40 40
feet right of and opposite station
134+45.45 on said centerline, thence
continuing southeasterly along said
southwestern existing right of way line a
distance of 94.30 feet to a point 44 27
feet right of and opposite station
135+39.68 on said centerline, thence
southwesterly along said existing right of
way line a distance of 25.00 feet to a
point 69.25 feet right of and opposite
station 135+38 65 on said centerline,
said point also being a point on the
property line between the lands of the
condemnees and the lands now or for
merly owned by Sun Trust Bank, thence
southwesterly along said latter property
line a distance of 16.97 feet to a point
86.20 feet right of and opposite station
135+37 96 on said centerline: thence N
420 08' 32 7“ W a distance of 38 15 feet
to a point 90 00 feet right of and oppo
site station 135+00.00 on said center
line: thence N 36 5’ 54 5" W a distance
of 90.57 feet to a point 90 00 feet right of
and opposite station 134+09.43 on said
centerline, thence northwesterly 207.79
feet along the arc of a curve to the left
(said curve having a radius of 11.369.20
feet and a chord distance of 207 79 feet
on a bearing of N 36° 57' 19 3' W) to a
point 90 00 feet right of and opposite
station 132+00 00 on said centerline,
thence N 52° 31’ 15 8' Ea distance of
15.00 feet to a point 75.00 feet right of
and opposite station 132+00.00 on said
centerline: thence northwesterly 260 10
feet along the arc of a curve to the left
(said curve having a radius of 11.384 20
feet and chord distance of 260 09 feet
on a bearing of N 38 ’ 08' 00.5.' W) to a
point 75.00 feet right of and opposite
station 129+38 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 for
merly owned by MBC Associates. LLC:
thence northeasterly along said property
line between the lands of the condem
nees and the lands now or formerly
owned by MBC Associates. LLC a dis
tance of 45 32 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 on the property
line between the lands of the condem
nees and the lands now or formerly
owned by MBC Associates. LLC. said
point being 75 00 feet right of and oppo
site station 129+38 1 9 on the construc
tion centerline of State Route 20 on
Georgia Highway Project STP-054-1
(47); running thence southeasterly along
a curved line parallel to said centerline
to a point 75.00 feet right of and oppo
site station 130+10 00 on said center
line, thence southwesterly along a
straight line to a point 85.00 feet right of
and opposite station 130+10 00 on said
centerline; thence northwesterly along a
curved line parallel to said centerline to
a point 85 00 feet right of and opposite
station 129+37 14 on said centerline,
said point also being a point on said
property line between the lands of the
condemnees and the lands now or for
merly owned by MBC Associates. LLC.
thence northeasterly along said property
line back to the point of BEGINNING
Said described land being a permanent
easement tor the construction and main
tenance of a slope and is shown colored
green on the attached plats marked
Annex 1 -A. Said easement may also be
used temporarily for silt control if
deemed necessary by the Department
of Transportation
Also condemned in these proceedings
are two (2) temporary easements tor the
construction of driveways being
described as follows
BEGINNING at a point 75 00 feet right
of and opposite station 130+10 00 on
the construction centerline of State
Route 20 on Georgia Highway Project
STP-054-1 (47); running thence south
easterly along a curved line parallel to
said construction centerline to a point
75 00 feet right of and opposite station
131+00 00 on said centerline; thence
southwesterly along a straight line to a
point 110 00 feet right of and opposite
station 131+00 00 on said centerline;
thence northwesterly along a line paral
lel to said centerline to a point 110.00
feet right of and opposite station
130+10.00 on said centerline, thence
northeasterly along a straight line back
to the point of BEGINNING.
BEGINNING at a point on the property
line between the lands of the condem
nees and the lands now or formerly
owned by Sun Trust Bank, said point
being 86.20 feet right of and opposite
station 135+37.96 on the construction
centerline of State Route 20 on Georgia
Highway Project STP-054-1 (47); run
ning thence southwesterly along said
property line to a point 121 00 feet right
of and opposite station 135+36.53 on
said centerline; thence northwesterly
along a straight line to a point 121.00
feet right of and opposite station
135+00.00 on said centerline; thence
northeasterly along a straight line to a
point 95.00 feet right of and opposite
station 135+00 00 on said centerline;
4 i
thence southeasterly along a straight
line back to the point of BEGINNING.
Said 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 for 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 Nos 4 and 6 on January 30. 2004
and Sheet No. 5 on January 8. 2004 and
attached to Appendix "A" to Exhibit “A"
as Annex 1 -A.
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 tor silt
control if deemed necessary by the
Department of Transportation
Two temporary easements are con
demned tor the right to construct drive
ways to connect the newly constructed
road and right of way to the condem
nees remaining lands for driveway pur
poses Said easements will expire on
January 31. 2007 and are shown col
ored orange on the above mentioned
plats. Upon completion of the project,
the driveways will remain in place tor
use by the condemnees.
L 570, 4/28, 5/5
’citation”
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO 04CV-0740
IN REM
DEPARTMENT OF TRANSPORTATION
VS.
0 333 acres of land, and certain ease
ment rights: and Ingles Markets
Incorporated and Sanders Partners.
LLC, 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. provid
ing for the exercise of the power of emi
nent 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 proper
ty hereinafter described, was filed in
said Court on the 21st day of April.
2004. That, in accordance with provi
sions 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 necessi
ty tor 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 $100,300 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 for Immediate possession of said
property, and all persons having any
interest in or claim against such proper
ty. 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 prop
erty. shall be dissatisfied with the com
pensation. 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 fol
lowing 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 pro
ceedings.
The said property, as thus affected, is
described as follows:
SEE PAGE 20-A; 20-B FOR DESCRIP
TION
This 21st day of April, 2004.
/S/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Project Number STP-054-1 (47) Forsyth
County
Parcel Number: 106
Required R/W 0 333 acres of land; and
certain easement rights
Property Owners: Ingles Markets.
Incorporated and Sanders Partners.
LLC
All those tracts or parcels of land lying
and being in Land Lots 282 and 295 of
the 2nd Land District, Ist Section of
Forsyth County, Georgia, being more
particularly described as follows
Tract I
BEGINNING at a point on the northeast
ern existing right of way line of State
Route 20, said point being 74 39 feet left
of and opposite station 125+83 38 on
the construction centerline of State
Route 20 on Georgia Highway Project
STP-054-1 (47); running thence north
westerly along said northeastern exist
ing right of way line a distance of 45 16
feet to a point 85 00 feet left of and
opposite station 125+39.79 on said cen
terline. thence southeasterly 876 09 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 875 88 feet on a
bearing of S 38° 36’ 21.1’ E) to a point
85 00 feet left of and opposite station
134+09 43 on said centerline; thence 5
36° 25 54.5" F a distance of 21.16 feet
to a point 85 00 feet left of and opposite
station 134+30.60 on said centerline,
said point also being a point on the
property line between the lands of the
condemnees and the lands now or for
merly owned by M. Loyd Pendley and
Timothy C. Huffman; thence southwest
erly along said property line a distance
of 24.72 feet to a point 60 29 feet left of
and opposite station 134+29 91 on said
centertine, said point also being a point
on said northeastern existing right of
way line of State Route 20; thence
northwesterly along said existing north
eastern right of way line a combined dis
tance of 851 68 feet back to the point of
BEGINNING.
Tract II
BEGINNING at the point of intersection
of the northern existing right of way line
of Nuckols Road/County Road 454 with
the property line between the lands of
the condemnees and the lands now or
formerly owned by Sanders Partners,
LLC. said point being 37.89 feet left of
and opposite station 81 +O9 65 on the
construction centerline of Nuckols Road
on Georgia Highway Project STP-054-
1(47); running thence northeasterly
along said property line a distance of
12.69 feet to a point 50.00 feet left of
and opposite station 81 + 13.35 on said
centerline; thence northeasterly 64.57
feet along the arc of a curve to the right
(said curve having a radius of 1,627 36
feet and a chord distance of 64 57 feet
on a bearing of N 83" 19' 14.6" E) to a
point 50.00 feet left of and opposite sta
tion 81+75.93 on said centerline, said
point also being a point on the property
line between the lands of the condem
nees and the lands now or formerly
owned by Helen and Bo Gann; thence
southwesterly along said latter property
line a distance of 11.67 feet to a point
38.73 feet left of and opposite station
81+72.97 on said centerline, said point
also being a point on said northern
existing right of way line of Nuckols
Road/County Road 454; thence south
westerly along said northern existing
right of way line a distance of 64.86 feet
back to the point of BEGINNING.
Said described lands being the required
rights of way and are shown colored yel
low 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 Sanders Partners, LLC, said
point being 50.00 feet left of and oppo
site station 81 +13.35 on the construction
centerline of Nuckols Road on Georgia
Highway Project STP-054-1 (47); running
thence northeasterly along said property
line to a point 98 91 feet left of and
opposite station 81+27.70 on said cen
terline; thence easterly along a straight
line to a point 100.00 feet left of and
opposite station 81+73.00 on said cen
terline; thence southerly along a straight
line to a point 50.00 feet left of and
opposite station 81 +73.00 on said cen
terline; thence southwesterly along a
curved line parallel to said centerline
back to the point of BEGINNING Said
described land being a temporary ease
ment tor 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 30th
day of April, 2002; Last Revised:
Sheet Nos 4 and 6 on January 30. 2004
and Sheet No 5 on January 8 2004
attached to Appendix "A" to Exhibit "A"
as 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 tor 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
L571,4/28, 5/5
citation”
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO 04CV-0741
IN REM
DEPARTMENT OF TRANSPORTATION
VS
0 034 acres of land and certain ease
ment rights; and Dennis G Zakas
American Nail Salon. Inc. Liability
Underwriters. Inc and Evelyn Day
Payne Cook, 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 provision's of the
Official Code of Georgia Annotated
Sections 32-3-4 through 32-3-19, provid
ing for the exercise of the power of emi
nent 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 proper
ty hereinafter described, was filed in
said Court on the 21st day of April,
2004. That, in accordance with provi
sions 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 necessi
ty tor 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 $15,275 OO as the just compen
sation 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 proper
ty. 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 prop
erty. shall be dissatisfied with the com
pensation, 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 fol
lowing 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 pro
ceedings
The said property, as thus affected, is
described
as follows:
SEE PAGE 20-A; 20-B FOR DESCRIP
TION
The 21st day of April, 2004
By:/s/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Project Number: STP-054-1(47) Forsyth
County
Parcel Number: 155
Required R/W: 0.034 acres of land; and
certain easement rights
Property Owners Dennis G. Zakas;
American Nall Salon, Inc.; Liability
Underwriters, Inc.; and Evelyn Day
Payne Cook
All that tract or parcel of land lying and
being in Land Lots 429 and 430 of the
2nd Land District. Ist Section 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 W H Britt and Stacey Britt,
said point being 51.71 feet right of and
opposite station 201+81.76 on the con
struction centerline of State Route 20 on
Georgia Highway Project STP-054-
1(47); running thence southeasterly
along said southwestern existing right of
way line a distance of 164 87 feet to a
point 50.65 feet right of and opposite
station 203+47.73 on said centerline,
said point also being a point on the
property line between the lands of the
condemnees and the lands now or for
merly owned by David K. Pack and Song
Hwan Kim; thence southwesterly along
said latter property line a distance of
9.57 feet to a point 60.00 feet right of
and opposite station 203+49 76 on said
centerline; thence N 52’ 03' 32.5" W a
distance of 3.46 feet to a point 60.00
feet right of and opposite station
203+46.30 on said centerline; thence
northwesterly 125.31 feet along the arc
of a curve to the left (said curve having
a radius of 7,579.47 feet end a chord
distance of 125.31 feet on a bearing of
N 52“ 31' 57.5" W) to a point 60.00 teet
right of and opposite station 202+20.00
on said centerline; thence N 59’ 36'
39.8" W a distance of 36.03 feet to a
point 64 06 feet right of and opposite
station 201+83.90 on said centerline,
said point also being a point on said
property line between the lands of the
condemnees and the lands now or for
merly owned by W. H. Britt and Stacey
Britt; thence northeasterly along said
property line between the lands of the
condemnees and the lands now or for
merly owned by W. H. Britt and Stacey
Britt a distance of 12.53 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 on the property
line between the lands of the condem
nees and the lands now or formerly
owned by W. H. Britt and Stacey Britt,
said point being 64.06 feet right of and
opposite station 201+83.90 on the con
struction centerline of State Route 20 on
Georgia Highway Project STP-054-
1(47); running thence southeasterly
along a straight line to a point 62 83 feet
right of and opposite station 201+95.00
on said centerline; thence southwesterly
along a straight line to a point 90 00 feet
right of and opposite station 201+95 00
on said centerline; thence northwesterly
along a straight line to a point 90 00 feet
right of and opposite station 201+88 43
on said centerline, said point also being
a point on said property line between
the lands or the condemnees and the
lands now or formerly owned by W H
Britt and Stacey Britt, thence northeast
erly along said property line back to the
point of BEGINNING Said described
land being a permanent easement for
the construction and maintenance of a
slope and is shown colored green on the
attached plats marked Annex 1-A
BEGINNING at a point 60.00 feet right
of and opposite station 203+05.00 on
the construction centerline of State
Route 20 on Georgia Highway Project
STP-054-1 (47); running thence south
easterly along a curved line parallel to
said construction centerline to a point
60 00 feet right of and opposite station
203+46 30 on said centerline, thence
southwesterly along a straight line to a
point 75 00 teet right ot and opposite
station 203+46 30 on said centerline,
thence northwesterly along a straight
line to a point 75 00 feet right ot and
opposite station 203+05 00 on said cen
terline. thence northeasterly along a
straight line back to the point ot BEGIN
NING Said described land being a tei.i
porary easement tor the construction ot
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 30th
day of April 2002; Last Revised:
Sheet No 14 on February 24 2004 and
Sheet No 15 on March 5. 2004 and
attached to Appendix "A" to Exhibit "A"
as Annex 1-A
A permanent easement is condemned
tor the right to construct and maintain a
slope to connect the newly constructed
road and right ot 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
control if deemed necessary by the
Department of Transportation
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 is shown colored orange on the
above mentioned plats Upon completion
of the project, the driveway will remain in
place for use by the condemnees
L 572, 4/28, 5/5
CITATION
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO 04CV-0738
IN REM
DEPARTMENT OF TRANSPORTATION
VS
0 106 acres of land and certain ease
ment rights, and Waffle House. Inc , indi
vidually
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, provid
ing for the exercise of the power of emi
nent 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 proper
ty hereinafter described, was filed in
said Court on the 21st day of April,
2004: That, in accordance with provi
sions 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 necessi
ty 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 $169,570 00 as the just compen
sation 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 tor Immediate possession of said
property, and all persons having any
interest in or claim against such proper
ty. 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 ot 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 prop
erty. shall be dissatisfied with the com-
Sensation, as estimated in the
eclaration 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 fol
lowing 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 pro
ceedings.
The said property, as thus affected, is
described
as follows:
SEE PAGE 20-A; 20-B FOR DESCRIP
TION.
This 21st day of April, 2004.
By:/s/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Project Number: NH-056-1 (58) Forsyth
County
Parcel Number: 19
Required R/W: 0.106 acres of land; and
certain easement rights
Property Owners: Waffle House, Inc.
All that tract or parcel of land lying and
being in Land Lot 224 of the 2nd Land
District of Forsyth County, Georgia,
FORSYTH COUNTY NEWS Wednesday, April 28,2004
being more particularly described as fol
lows:
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
nee and the lands now or formerly
owned by Gumming Hospitality Group,
LLC, said point being 26.26 feet right of
and opposite station 110+49.91 on the
construction centerline of State Route
20 on Georgia Highway Project NH-056-
1 (58); running thence southeasterly
along said southwestern existing right of
way line a distance of 96.06 feet to a
point 28 13 feet right of and opposite
station 111+46.19 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 Michael and Teresa
Glover; thence southwesterly along said
latter property line a distance of 48 49
feet to a point 75.00 feet right of and
opposite station 111+33.70 on said cen
terline; thence northwesterly 96.51 feet
along the arc of a curve to the left (said
curve having a radius of 11,384.20 feet
and a chord distance ot 96.51 feet on a
bearing of N 46° 08' 18 1" W) to a point
75 00 Teet right of and opposite station
110+36.55 on said centerline, said point
also being a point on said property line
between the lands of the condemnee
and the lands now or formerly owned by
Gumming Hospitality Group, LLC;
thence northeasterly along said property
line between the lands of the condem
nee and the lands now or formerly
owned by Gumming Hospitality Group.
LLC a distance of 50.52 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 on the property
line between the lands of the condem
nee and the lands now or formerly
owned by Gumming Hospitality Group,
LLC. said point being 75.00 feet right of
and opposite station 110+36 55 on the
construction centerline of State Route
20 on Georgia Highway Project NH-056-
1(58); running thence southeasterly
along a curved line parallel to said con
struction centerline to a point 75.00 feet
right of and opposite station 111+33.70
on said centerline, said point also being
a point on the property line between the
lands of the condemnee and the lands
now or formerly owned by Michael and
Teresa Glover; thence southwesterly
along said latter property line to a point
80 00 feet right of and opposite
station 111+32.36 on said centerline
thence northwesterly along a straight
line to a point 80 00 feet right of and
opposite station 110+70.00 on said cen
terline: thence southwesterly along a
straight line to a point 95 00 feet right ot
and opposite station 110+70.00 on said
centerline, thence northwesterly along a
straight line to a point 110.00 feet right
of and opposite station 110+26 88 on
said centerline, said point also being a
point on said property line between the
lands of the condemnee and the lands
now or formerly owned by Cumming
Hospitality Group. LLC; thence north
easterly along said property line
between the lands of the condemnee
and the lands now or formerly owned by
Cumming Hospitality Group. LLC back
to the point of BEGINNING Said
described land being a temporary ease
ment tor the construction of header curb
and is shown colored green on the
attached plats marked Annex
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 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 temporary easement is condemned for
the right to construct header curb Said
easement will expire on January 31.
2007, and is shown colored green on
the attached plats marked Annex 1-A
Upon completion of the project, the con
demnor will cease maintenance of the
easement area and the condemnee
shall have the right to use the easement
area in accordance with applicable zon
ing restrictions
L 573, 4/28, 5/5
"citation”
IN THE SUPERIOR COURT OF
FORSYTH COUNTY
GEORGIA
DOCKET NO 04CV-0746
IN REM
DEPARTMENT OF TRANSPORTATION
VS.
0 016 acres of land; and certain
easement rights and JDN Development
Company. Inc . a Delaware Corporation
JDN Realty Corporation, a Maryland
Corporation. Mayer Electric Supply
Company. Inc.. Premier Construction
Services, Inc ; BCC, Inc ; The Atlanta
Bread Company, and Starbucks
Corporation, 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. provid
ing for the exercise of the power of emi
nent 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 proper
ty hereinafter described, was filed in
said Court on the 22 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 tiled in said
case, declaring the necessity tor 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 $27,276.00 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 projper
ty. 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 ot the owners, or any person having
a claim against or Interest In said prop
erty, shall be dissatisfied with the com
pensation, 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 fol
lowing 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 pro
ceedings
The said property, as thus affected, Is
described
as follows
SEE PAGE 20-A and 20-B FOR
DESCRIPTION.
This 22nd day of April, 2004.
By:/s/ Douglas Sorrells
Clerk Superior Court
FORSYTH COUNTY
Project Number: NH-056-I (58) Forsyth
County
Parcel Number: 18/20
Required R/W: 0.016 acres of land; and
certain easement rights
Property Owners: JDN Development
Company, Inc., a Delaware
Corporation,JDN Realty Corporation a
Maryland Corporation; Mayer Electric
Supply Company, Inc; Premier
Construction Services, Inc.; BCC, Inc.;
The Atlanta Bread Company: and
Starbucks Corporation.
All those tracts or parcels of land lying
and being In Land Lot 224 of the 2nd
Land District in Forsyth County, Georgia,
being more particularly described as fol
lows:
Parcel No 18
BEGINNING at a point on the northeast
ern existing right of way line of State
Route 20, said point being 76.37 feet left
of and opposite station 109+30.000 on
the construction centerline of State
Route 20 on Georgia Highway Project
NH-056-1 (58); running thence north
westerly along said northeastern exist
ing right of way line a distance of 17.63
feet to a point 76.03 feet left of and
opposite station 109+12.377 on said
centerline, said point also being a point
on the mitered corner between the
northeastern existing right of way line of
State Route 20 and the southeastern
existing right of way line of Market Place
Drive on said project; thence northerly
along said mitered corner a distance of
49.66 feet to a point 55.47 feet right of
and opposite station 218+51.251 on the
construction centerline of Market Place
Drive on said project, said point also
being a point on the southeastern exist
ing right of way line of Market Place
Drive on said project; thence northeast
erly along said southeastern existing
right of way line of Market Place Drive a
distance of 14 91 feet to a point 53.61
feet right of and opposite station
218+65 000 on said Market Place Drive
centerline; thence S2° 50' 14.9" Ea dis
tance of 72.31 feet back to the point of
BEGINNING. Said described lands
being the required right of way and is
shown colored yellow on the attached
plats marked Annex 1-A
Parcel No 18/20
BEGINNING at the point of intersection
of the property line between the lands of
the condemnees and the lands now or
formerly owned by O’Charley s Inc. with
the existing northeastern right of way
line of State Route 20. said point being
72 00 feet left of and opposite station
111+38 523 on the construction center
line of State Route 20 on Georgia
Highway Project NH-056-1 (58); running
thence northwesterly along said north
eastern existing right of way line to a
point 76.37 feet left of and opposite sta
tion 109+30 000 on said centerline;
thence northerly along a straight line to
a point 80 00 feet left of and opposite
station 109+26 220 on said centerline;
thence southeasterly along a line paral
lel to said centerline to a point 80 00 feet
left of and opposite station 111+38.680
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
□ Charley’s Inc . thence southwesterly
along said property line back to the point
of BEGINNING. Said described land
being a permanent easement tor the
construction and maintenance ot a slope
and is shown colored green on the
attached plats marked Annex 1-A Said
easement may also be used temporarily
for silt control if deemed necessary by
the Department of Transportation
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 the
above described lands all as shown col
ored yellow on the plats dated the Bth
day of May, 2001. Last Revised:
Sheet No. 11 on April 7, 2004 and
attached to Appendix "A" to Exhibit “A"
as Annex 1-A
A permanent easement is condemned
for 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
control if deemed necessary by the
Department of Transportation
L 574, 4/28, 5/5
INVITATION TO BID
Grade. Base and Pave of County
Roads
Bld 04-34-3150
The Forsyth County Board of
Commissioners will accept sealed bids
until 10 30 a m , May 27. 2004 for the
following:
In general, provide all materials, equip
ment and labor necessary to clear,
grade, base and pave approximately
1 41 miles of roadway on eight (8)
Forsyth County Roads.
Copies of the bidding documents and
plans may be obtained on or after April
28. 2004 at the office of Forsyth County
Purchasing Department. 118
Castleberry Road. Suite 13. Cumming.
GA 30040 (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 27, 2004 No bids will
be accepted after that date and time.
Bid Bonds must be in the amount of not
less than 5% of the base bid and must
be submitted with each bid and a
Consent of Surety form from a surety
company licensed to conduct business
in the State of Georgia Failure to sup
ply bonds or to sign the bid will be
grounds for rejection. The successful
bidder shall provide 100% performance
and payment bonds at the signing of the
contract along with appropriate insur
ance certificates
No Bidder may withdraw his Bid within
90 days after the actual date of opening,
thereof
Bids will be opened at 2:00 p m May 27.
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
L 575, 4/28. 5/5,12,19
PUBLIC NOTICE *
May 15. 2004 at 10 a m
Browns Bridge Boat & Mini Storage
4680 Browns Bridge Road, Cumming.
GA 30041
Unit 118 Wendell Smith, fax machine,
radio, clothes, stroller & misc boxes
Unit 120 Kathy Chester; microwave,
tables, exercise bike, & misc. boxes
Unit 127, 404, & 581. Susan Brown;
bedroom, dining room. & living room fur
niture, washer & dryer, pictures, tvs &
clothing
Unit 224 Young's Automotive; ladder,
shop tools, car parts & misc tools
Unit 323 Jeff Hutchins; mattress & bed
sets, stereo, 2 tvs, 2 vers, and misc.
Unit 401 K.A. Hartsock; file cabinet,
desk, weed eater, trash cans, camper,
refrigerator, & misc. tools
Unit 438 Jonathon Sherman; vacuum
cleaner, table, storage chest, mattress &
bed frame
Unit 524 Gail Dunford; furniture, clothes,
and misc
Unit 559 Jesse Adams; furniture, old
desk, weights, pictures, storage cabinet
See LECALS, Page 6B
PAGE 5B