Newspaper Page Text
12
Free Press—News & Farmer. Tues,. Sept. 29, 1964
Legal Notices
1 —
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS
0.038 acres of land; and Access
rights in the lands abutting; and
Tom Parish
Individually.
Docket No. 7820
In Rem
ORDER AND JUDGMENT
The petition in the above stated case
with Declaration of Taking attached, and
the certificate of the Clerk showing Ihc
filing of such petition and Declaration
and deposit into court of the sum of
money estimated as just compensation
for the property taken, as authorized
by Georgia Laws 1961. pages 517. el seq..
as amended, it is Considered. Ordered
and Adjudged:
<l> That the property described in the
petition of the plaintiff and in the Dec -
location of Taking filed concurrently
therewith being shown to be within the
bounds of the required right of way of j
Georgia Highway Project 1-75-2 *2s* is
hereby condemned in fee simple to the
use of the State Highway Department j
of Georgia, together with such rights :
as described in such petition and such j
Declaration, under authority of said Act, ;
and the State Highway Department of I
Georgia and its successors are hereby j
vested with full, complete, and un- i
encumbered title to such property and /oi ,
rights for the purposes described in said
petition and Declaration; but nothing I
herein contained is to be construed as i
depriving the named defendant, or any
person having an interest in. title to. or
claim against said property of the right :
to appeal the estimated amount of just I
compensation to a jury in this court, i
or of the right to apply for the appoint - j
ment of a Special Master to review and !
determine the correctness of the amount
of estimated compensation, as so de- ;
posited, or of the right to petition the
court to vacate and set aside said Dec- I
laration and this Judgment: but this
judgment shall be construed only as
vesting title and the right of possession
in the Plaintiff-Condemnor, as con
templated bx the aforesaid Act. as
amended:
<2» The State Highway Department of
Georgia having applied to me for im
mediate possession ‘of said property, and
it being provided in the said Act of the ,
General Assembly, as amended, that i
“The Court shall have power to fix th'- '
lime, the same to be not latei than sixty
days from the date of filing of the Dec- I
laration of Taking, as herein provided ]
for. within which and the terms upon
which the parties in possession shall be
required to surrender possession to the j
petitioner", let the person in possession!
of such property, as well as the* named '
condemnees. be served with a copy of
said petition and Declaration of Taking,
and this Order, and they are hereby di- '
rected to show cause before me at 1:30
o’clock P.M. on the 23rd day of O< tober.
1964, at Clayton County Court House why
the possession of said properl v should
not be surrendered to the State Highway
Department of Georgia on a day cet lain, j
not later than sixty days from the date i
of said filing of the Declaration of
Taking; * 4 WWW
<3> It is further ordered and directed :
that the petition, together with said '
Declaration of Taking, be served in ।
accordance with the provisions of the I
aforesaid Act of the General Assembly i
of 1961. as amended; that, where ^hown
by the petition, there are nonresidents
of the State of Georgia, who have title
to. claim', against, or any interest in said
property, whose names and addresses are
known, the Clerk provide for the serv
ice of such parties by United States Reg
Istered mail, with return card requested,
ns provided for in said Act. as amended,
and certify such service to the Court,
as a part of the record in this case; that i
the Ordinary of said County be served
with a copy of this petition and this ,
Order: and that, upon being so served. I
it shall be his duty to appoint a guardian I
ad litem for any minor or person labor
ing under legal disabilities, who may be |
shown by the allegations of the petition
to be a nonresident of this State; and. j
it shall be his further duty to appoint
a guardian ad litem for any minor or
person laboring under legal disabilities,
who may be a resident of this State but |
who is shown by the petition to be not
represented by a guardian or other per
sonal representative, capable of being
served;
(41 That second originals of this neti- ।
tion, including all orders and proceedings
in connection therewith, as well as the
Decimating of Taking, bo issued bv the '
Clerk for service upon the following
named nonresidents of this Counts
(5) It is further ordered that a copy
of this petition and of said Declaration '
be served upon the tax collecting au- |
thoritics of this County;
(6) It being the purpose of this Order, i '
in this respect, to make certain, so far '
as is possible, that all persons having I i
title to. or interest in. or claims against ]
the described property be given notice I
of the pendency of this proceeding; it | ■
is further ordered that such additioinal (
service be made a- may be calk’d for by ! |
the allegations of the petition, together 1 1
with the provisions of the said Act of 1 (
the General Assembly, as amended, for i
such service: and. further that the Clerk I |
of the Superior Court shall cause a cita
tion to be issued and published in the
official newspaper of said County, en- : ;
titled in this cause, describing the prop- •
ertv condemned in this proceeding, re- ■
citing also the filing of the Declaration ; :
of Taking by condemnor, setting forth ;
the names of the persons known or be
lieved to be the owners, or having an j
interest in. or claims against said prop
erty and citing such persons, as well as
all others claiming any title to m in
terest in said property, or in said fund i
on deposit with the Clerk which amount
shall be set out in such citation, to ap
pear in this court and make known their
claims; and let such citation be pub- j
lished in such newspaper for two con
secutive weeks, beginning with the issue
of Sept 22, 1964.
L-et this Order be filed as a part of
the record in this case.
This 17th day of September. 1964.
/s/ HAROLD R BANKE
JUDGE SUPERIOR COURTS
CLAYTON JUDICIAL CIRCUIT I
CITATION
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
0.038 acres of land; and access
rights in the lands abutting; and
Tom Parish
Individually.
Docket No. 7820 j
In Rem
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, I
and all occupants, tenants, lessees, li- I
censees and all holders, ow ners and users j
of ways and easements in. across, over
and under said land are herebj notified,
under the provisions of Georgia Laws '
1961. pages 517. et seq.. as amended, pro - '
Tiding for the exercise of the power of
eminent domain by the State of Geor
gin. or any of its subdivisions, or bv anv
county of such State, as follows
That the above stated case, being a
condemnation in rem against the prop
erty hereinafter described. was filed in
said court on the 17th dav of September.
1964:
That, in accordance with the provi- ;
Bions of Section 3 of the aforesaid Act .
of the General Assembly, a Declaration!
of Taking, duly authorized and properly
executed as provided by <aid statute, as
amended, has been made and filed in
said case, declaring the necessity for '
and exercising the power of taking the
said described lands for State-aid public !
road purposes, thereby vesting the tifTe
to same in the State Highway Depart - |
ment of Georgia; and. in pursuance of
such authority, the State Highway De
partment has deposited with the Clerk
of the Superior Court of said County
$300.00 as just compensation for the said
lands described; and all persons claiming
such fund or any interest therein, are
hereby required to make known their
claims to the Court:
In accordance with Section 3 of said .
Act, as amended, the Plaintiff-Con
demnor has prayed the Court for im- I
mediate possession of said property, and
all persons having any interest in or
claim against such property, as above 1
set forth, are required by the Order of
the Judge of said Court, made and filed
in said case on the 17th day of Septem- j
ber, 1964. to show’ cause before such j
Judge at Clayton County Court House J
on the 23rd day of October, 1964. at 1:30
o’clock P.M. why such prayers for im
mediate possession should not be granted;
The said property, as thus affected, is
described as follows:
SEE PAGE 19-A FOR DESCRIPTION
This 17th day of September. 1964.
/s/ JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
PAGE 19-A
Project No. I 75-2 (25) Clayton County
Parcel No. Property Owner Acres
15-E Tom Parish 0.038
All that tract or parcel of land lying
and being in Land Lot 143 of the 13th
Land District of Clayton County. Geor
gia, more particularly described as fol
lows;
BEGINNING at the intersection of the
property line between the lands of the
Condemnee and lands now or formerly
owned by Jerry’ T. Williamson with a
line which is one hundred fifty i 150) feet
northeast of and parallel to the survey
center line of Georgia Highway Project
I 75-2 (251 at a point opposite Station
337 plus 36 on said survey center line;
running thence northeasterly’ along said
propci tv line to a point which is one
hundred sixty-six i!66» feet northeast
erly of and opposite Station 337 plus 28
on said survey center line; thence south
’ I easterly along a straight line to the in
-1 terseclion of the property line between
the lands of the Condemnee and lands
' I now or formerly owned by James Red
' at a point which is one hundred fifty
[ eight (158) feet northeasterly of and
11 opposite Station 336 plus 08 on said sur
• j vc.v center line; thence southwesterly
1 along said latter property line to the in
tersection of said parallel line at a point
i opposite Station 336 plus 09 on said sur~
■ vey center line: thence northwesterly
along said parallel line back to the point ■
I of beginning,
The title, estate, or interest in the
i above described lands, required by con
i demnor and now taken by condemnor for
• public use is as follows:
Fee simple title to the above described
! lands and all rights of access between the
LIMITED ACCESS HIGHWAY and ap
[ proaches thereto on the above numbered
■ Highway and all of the remaining real
I pioperty of the Condemnee except at
। such points as designated by the STATE
j HIGHWAY DEPARTMENT OF GEOR
GIA as shown on the plat dated the
■ 22nd day of August. 1963. Revised: May
I 18, 1964. and attached to Appendix “A"
j to Exhibit ‘A" as Annex 4-A.
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
j 0.001 acres of land; and Access
rights in the lands abutting; and
I Mrs. Mamie Netherland
individually.
Docket No. 7818
In Rem
ORDER AND JUDGMENT
The petition in the above stated case
with Declaration of Taking attached, and
the certificate of the Clerk showing the
filing of such petition and Declaration
j and deposit into court of the sum of
I moncx estimated a just compensation
■ for the property taken, as authorized
by Georgia Laws 1961. pages 517, et seq..
'as amended, it is Considered, Ordered
and Adjudged:
Hl That the property described in the
petition of the plaintiff and in the Dec-
I laration of Taking filed concurrently
i therewith being shown to he within Ihe
bounds of the required light of way of
Georgia Highway Project 1-75-2 (25i is
1 hereby condemned in fee simple to the
I use of Ihe State Highway Department of
i Georgia, together with such rights as
| described in such petition and such Dec
j laration, und<r authority of said Act,
; and the State Highway Department of
! Georgia and its successors are hereby
I vested with full, complete, and un
{ encumbered title to such property and/or
j rights for the purposes described in said
petition and Declaration; but nothing
I herein contained is to be construed as
I depriving the named defendant, or any
I person having an interest in. title to. or
I claim against said property of the right
i to appeal the estimated amount of just
j compensation to a jury in this court.
! or of the right to apply for the appoint
ment of a Special Master to review and
determine the correctness of the amount
of estimated compensation, as so de
-1 posited, or of the right to petition the
couit to vacate and set aside said Dec
| laration and this Judgment: but this
judgment shall be construed only as
vesting title and the right of possession
jin the Plaintiff-Condemnor, as con
| templated by the aforesaid Act, as
| amended:
i2i The State Highway Department of
j Georgia having applied to me for im
| mediate possession of said property, and
it being provided in the said Act of the
General Assembly, as amended, that
j • The Court shall have power to fix the
time, the same to be not later than sixty
; days foi the date of filing of the Dec
! laration of Taking, as herein provided
I for. within which and the terms upon
which the parties in possession shall be
1 required to surrender possession to the
j petitioner”, let the person in possession
; of such property, as well as the named
condemnees, be served with a copy of
I said petition and Declaration of Taking,
I and this Order, and they arc hereby di
.octed to show’ cause before me at 11
( clock A M on the 23rd day of October,
1^64, al Clayton County Court House why
the possess)! n of said property should
not be .surrendered to the State Highway 1
Department of Georgia on a day certain, .
not later than sixty days from the dnte
of said tiling of the Declaration of 1
Taking;
<3i It is further ordered and directed
that the petition, together with said 1
Declaration of Taking, be served in
accordance with the provisions of the
aforesaid Act of the General Assembly 1
of 1961, as amended; that, where shown
by the petition, there are nonresidents of
the State of Georgia, who have title to,
claims against, or any interest in said
property, whose names and addresses are
known, the Clerk provide for the serv- <
ice of such parties by United States Reg- '
istered mail, with return card requested,
as provided for in said Act. as amended. •
and certify such service to the Court, as <
a part of the record in this case; that
the Ordinary of said County be served
with a copy of this petition and this
Order; and that, upon being so served, it
shall be his duty to appoint a guardian
ad litem for any minor or person labor
ing under legal disabilities, who may be
shown by the allegations of the petition '
to boa nonresident of this State: and.
it shall be his further duty to appoint a
guardian ad litem for any minor or per
son laboring under legal disabilities, who
may be a resident of this State but who
is shown by the petition to be not rep- 1
resented by a guardian or other per
| sonal representative, capable of being
i served:
<4> That second originals of this peti-
I tion. including all orders and proceedings
I in connection therewith, as well as the
[ Declaration of Taking, be issued by the
| Clerk for service upon the following
named nonresidents of this County:
<si It is further ordered that a copy
of this petition and of said Declaration
be served upon the tax collecting au
thorities of this County:
<6» It being the purpose of this Order,
in this respect, to make certain, so far
as is possible, that all persons having
title to. or interest in. or claims against
the described property he given notice
of the pendency of this proceeding; it is
further ordered that such additional serv
i ice be made as may be called for by the
[ allegations of the petition, together with
' the provisions of the said Act of the
General Assembly, as amended, for such
service; and. further that the Clerk of
the Superior Court shall cause a cita
tion to be issued and published in the
| official newspaper of said County, en
s titled in this cause, describing the prop
| erty condemned in this proceeding, re
, citing also the filing of the Declaration
of Taking by condemnor, setting forth
the names of the persons known or be
i lieved to be the owners, or having an
interest in. or claims against said prop
erty and citing such persons, as well as
all others claiming any title to or inter
est in said property, or in said fund on
j deposit with th<' Clerk w hich amount
shall be set out in such citation, to
’ anpear in this court and make known
1 their claims; and let such citation be
I published in such newspaper for two
consecutive weeks, beginning with the
issue of Sept. 22. 1964.
Let this Order be filed as a part of the
' record in this case.
This 17th dav of September, 1964.
/s HAROLD R BANKE
JUDGE SUPERIOR COURTS
CLAYTON JUDICIAL CIRCUIT
CITATION
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
0 001 acres of land; and Access
lights in the lands abutting; and
Mrs Mamie Netherland
[ Individually.
Docket No. 7818
In Rem
The said named persons and any and
, ill other persons known and unknown
claiming any right, title, power, interest,
ownership, equity, claim or demand in
; and to the lands hereinafter described.
I and all occupants, tenants, lessees, li
’ censees and all holders, owners and users
of ways and easements in, across, over
and under said land arc hereby notified,
under the provisions of Georgia Laws
1961, pages 517. et seq., as amended, pro
viding for the exercise of the power of
eminent domain by the State of Georgia,
or any of its subdivisions, or by any
countv of such State, as follows:
That the above stated case, being a
condemnation in rem against the prop
erty hereinafter described, was filed in
said court on the 17th day of September. ■
1964:
That, in accordance with the provisions
of Section 3 of the aforesaid Act of the ‘
General » Assembly, a Declaration of '
Taking, duly authorized an d properlv
executed as provided by said statute, as
amended, has been made and filed in I
said case, declaring the necessity for and c
I f exercising the power of taking the said
, described lands fnr State-aid public road
i purposes, therebv vesting the title to
I same in the State Highway Department
; of Georgia; and, in pursuance of such
1 authority, the State Highway Depart
i ment has deposited with the Clerk of
the Superior Court of said County
$50.00 as the just compensation for the
said lands described; and all persons
claiming such fund or any interest there
in. are hereby required to make known
their claims to the Court;
In accordance with Section 3 of said
? Act. as amended, the Plaintiff-Con
? demnor has prayed the Court for im
mediate possession of said property, and
1 all persons having any interest in or
t claim against such property, as above
■ set forth, are required by the Order of
t Ihe Judge of said Court, made and filed
) in said case on the 17th day of Septem
; ber. 1964. to show cause before such
l Judge at Clayton County Court House
‘ on the 23rd day of October, 1964. at 11
■ o’clock A M. why such prayers for im
l mediate possession should not be granted;
The said property, as thus affected, is
described as follows:
i SEE PAGE 19-A FOR DESCRIPTION
This 17th dav of September, 1964.
I /.< / JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
PAGE 19-A
Project No. I 75-2 (25) Clayton County
Parcel No. Property Owner Acres
15-C Mrs. Mamie Netherland 0.001
All that tract or parcel of land lying
and being in Land Lot 143 of Ihe 13th
Land District of Clayton County. Geor
gia, more particularly described as fol
lows:
BEGINNING at the intersection of the
nroperty line between the lands of the
Condemnee and lands now or formerly
owned by James Red with a line which
is one hundred fiftv (150) feet northeast
of and parallel to the survev center line
of Georgia Highway Project I 75-2 (25)
at a point opposite Station 336 plus 35
on said survey center line: running
thence northeasterly along said property
line to a point which is one hundred
fifty-three < 153» feet northeasterly of and
opposite Station 336 plus 34.5 on said
smvey center line; thence southeasterly
along a straight line to the intersection
of said parallel line at a point which is
one hundred fifty (150) feet northeast
erly of and opposite Station 336 plus 00
on said survey centerline; thence north
westerly along said parallel line back to
the point of beginning.
The title, estate, or interest in the
above described lands, required by con
demnor and now taken by condemnor
for public use is as follows:
Fee simple title to the above described
Lands and all lights of access between
the LIMITED ACCESS HIGHWAY and
.and approaches thereto on the above
numbered Highway and all of the re
maining real property of the Condemnee
except at such points as designated bv
the STATE HIGHWAY DEPARTMENT
OF GEORGIA as shown on the plat
dated th<- 22nd dav of August. 1963; Re
vised: Mav 18. 1964. and .attached to
Anjiondix “A” to Exhibit “A" as Annex
2-A.
9-29
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
0.133 acres of land; and
access rights in the lands abutting;
and Jerry T. Williamson
individually.
Docket No. 7821
In Rem
ORDER AND JUDGMENT
The petition in the above stated case
with Declaration of Tnkin® attached, and
Uh- cert»fica*e of the Clerk showing the
filing of such petition and Declaration
and deposit into court of the sum of
money estimated as just compensation
for the property taken, as authorized by
Georgia Laws 1961, pages 517, et seq.,
as amended, it is Considered. Ordered
and Adjudged:
(1> That the property described in the
petition of the plaintiff and in the Dec
laration of Taking filed concurrently
therewith being shown to be within the
bounds of the required right of wav of
Georgia Highway Project I 75-2 (25) is
hereby condemned in fee simple to the
use of the State Highway Department of
Georgia, together with such rights as de
scribed in such petition and such Dec
laration, under authority of said Act,
and the State Highway Department of
Georgia and its successors are hereby
vested with full, complete, and un
encumbered title to such property and/or
rights for the purposes described in said
petition and Declaration; but nothing
herein contained is to be construed as
depriving the named defendant, or any
person having an interest in, title to. or
claim against said property of the right
Io appeal the estimated amount of just
compensation to a jury in this court, or
of the right to apply for the appointment
of a Special Master to review and deter
mine (he correctness of the amount of
estimated compensation, as so deposited,
or of the light to petition the court to
vacate and set aside said Declaration and
tliis Judgment: but this judgment shall
hi' construed only as vesting title and
the right of possession in the Plaintiff-
Condemnor. as contemplated by the
aforesaid Act, as amended:
(2) Thi' State Highway Department of
Georgia having applied to me for im
mediate possession of said property, and
it being provided in the said Act of the
General Assembly, as amended, that
"The Court shall have power to fix the
time, the same to be not later than sixty
days from the date of filing of the Dec
laration of Taking, as herein provided
for. within which and the terms upon
which the parties in possession shall be
required to surrender possession to the
petitioner", let the person in possession
of such property, as well as the named
condemnees, be served with a copy of
said petition and Declaration of Taking,
and this Order, and they are hereby
directed to show cause before me at 2
o’clock P.M. on the 23rd day of October,
1964, at Clayton County Court House why
the possession of said property should
not be surrendered to the State Highway
Department of Georgia on a day certain,
not later than sixty days from the date
of said filing of the Declaration of
Taking:
(3) If is further ordered and directed
that the petition, together with said
Declaration of Taking, be served in
accordance with the provisions of the
aforesaid Act of the General Assembly
of 1961, as amended: that, where shown
by the petition, there are nonresidents of
the State of Georgia, who have title to,
claims against, or any interest in said
property, whose names and addresses are
known, the Clerk provide for the serv
ice of such parties by United States Reg
istered mail, with return card requested,
as provided for in said Act. as amended,
and certify such service to the Court, as
a part of the record in this case; that
the Ordinary of said County be served
with a copy of this petition and this
Order; and that, upon being so served, it
shall be his duty to appoint a guardian
ad litem for any minor or person labor
ing under legal disabilities, who may be
shown by the allegations of the petition
to be a nonresident of this State; and,
it shall be his further duty to appoint
a guardian ad litem for any minor or
person laboring under legal disabilities,
who may be a resident of this State but
who is shown by the petition to be not
represented by a guardian or other per
sonal representative, capable of being
served;
<4 > That second originals of this peti
tion. including all orders and proceedings
in connection therewith, as well as the
Declaration of Taking, be issued by the
Clerk for service upon the following
named nonresidents of this County:
(5) It is further ordered that a copy
of this petition and of said Declaration
be served upon the tax collecting au
thorities of this County:
<6> It being the purpose of this Order,
in this respect, to make certain, so far
as is possible, that all persons having
title to. or interest in. or claims against
the described property be given notice
of the pendency of this proceeding: it is
further ordered that such additional serv
ice be made as may be called for by the
allegations of the petition, together with
the provisions of the said Act of the
General Assembly, as amended, for such
erviee and, further that the clerk of
the Superior Couit shall cause a cita
tion to be issued and published in the
official newspaper of said County, en
titled in this cause, describing the prop
erty condemned in this proceeding, re
citing also the filing of the Declaration
of Taking by condemnor, setting forth
the names of the persons known or be
lieved to be the owners, or having an
interest in. or claims against said prop
erty and citing such persons, as well as
all others claiming any title to or inter
est in said property, or in said fund on
deposit with the Clerk which amount
shall be set out in such citation, to
appear in this court and make known
their claims; and let such citation be
published in such newspaper for two
consecutive weeks, beginning with the
issue of Sept. 22. 1964
Let this Order be filed as a part of the
record in this case.
This 17th day of September, 1964.
/s/ HAROLD R BANKE
JUDGE SUPERIOR COURTS
CLAYTON JUDICIAL CIRCUIT
CITATION
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
qtatf HIGHWAY DEPARTMENT
OF GEORGIA
VS.
0.133 acres of land: and
i access rights in the lands abutting;
and Jerry T. Williamson
Individually.
Docket No. 7821
In Rem
The said named persons and any and
all other persons known and unknown
I claiming any right, title, power, interest,
ownership, equity, claim or demand in
and to the lands hereinafter described
and nil occupants, tenants, lessees, li
censees and all holders, owners and users
of ways and easements in, across, over
and under said land are hereby notified,
under the provisions of Georgia Laws
1961, pages 517, et seq., as amended, pro
viding for the exercise of the power of
eminent domain by the State of Geor
gia, 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 prop
erly hereinafter described, was filed in
said court on the 17th day of September
1964: *
That, in accordance with the provi
sions of Section 3 of the aforesaid Act of
the General Assembly, a Declaration of
Taking, duly authorized and properly
executed as provided by said statute, as
amended, has been made and filed in
said case, declaring the necessity for and
exercising the power of taking the said
described lands for State-aid public road
purposes, thereby vesting the title to
same in the State Highway Department
of Georgia; and. in pursuance of such
luthority, the State Highway Depart
ment has deposited with the Clerk of
the Superior Court of said County
$350 00 as the just compensation for the
said lands described; and all persons
claiming such fund or any interest there
in, are hereby required to make known
their claims to the Court;
In accordance w'ith Section 3 of said
Act. as amended, the Plaintiff-Con
demnor has prayed the Court for im
mediate 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, made and filed in
said case on the 17th day of September,
1964, to show cause before such Judge
at Clayton County Court House on the
23rd day of October, 1964. at 2 o’clock
P.M. why such prayers for immediate
possession should not be granted;
The said property, as thus affected, is
described as follows:
SEE PAGE 19-A FOR DESCRIPTION
This 17th day of September, 1964.
/s/ JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
PAGE 19-A
Project No. I 75-2 <2si Clayton County
Parcel No. Property Owner Acres
15-F Jerry T. Williamson 0.133
All that tract or parcel of land lying
and being in Land Lot 143 of the 13th
Land District of Clayton County. Geor
•a. more particularly described as fol
lows:
BEGINNING at the intersection of the
property line between the lands of the
Condemnee and lands now or formerly
owned by G. E. Worley with a line which
is one hundred fifty *150) feet northeast
of and parallel to the survey center line
of Georgia Highway Project I 75-2 (25)
at a point opposite Station 340 plus 95.1
on said survey center line: running
thence northeasterly along said property
line to a point which is one hundred
seventy and six tenths (170.6) feet north
easterly of and opposite Station 340 plus
93 on said survey center line: thence
southeasterly along a straight line to a
point which is one hundred eighty (180)
feet northeasterly of and opposite Sta
tion 340 plus 00 on said survey center
line; thence southeasterly along a
straight line to the intersection of the
property line between the lands of the
Condemnee and lands now or formerly
owned by Tom Parish at a point which
is one hundred sixty-six < 166) feet
northeasterly of and opposite Station 337
plus 28 on said survey center line; thence
southwesterly along said latter property
line to the intersection of said parallel
line at a point opposite Station 337 plus
36 on said survey center line; thence
northwesterly along said parallel Jine
back to the point of beginning.
The title, estate, or interest in the
above described lands, required by con
demnor and now taken by condemnor
for public use is as follows:
Fee simple title to the above described
lands and all lights of access between
the LIMITED ACCESS HIGHWAY and
approaches thereto on the above num
bered Highway and all of the remaining
real property of the Condemnee except
at such points as designated by the
STATE HIGHWAY DEPARTMENT OF
GEORGIA as shown on the plat dated
the 22nd day of August. 1963; Revised:
May 18, 1964, and attached to Appendix
"A" to Exhibit "A" as Annex 5-A.
9-29
ORDER FOR INTERLOCUTORY
HEARING
In Re: Adoption of Brenda Lynn Hogan
and James Michael Hogan
By: Petitioners Bennie Franklin Flan
igan.
The within and foregoing petition
being presented, and seeking the adop
tion of the minor child named therein,
said child to be known when adopted
as Brenda Lynn Flanigan and Jameß
Michael Flanigan.
IT IS CONSIDERED, ORDERED AND
ADJUDGED that said application be set
down and made returnable before this
court at 9:30 o’clock A.M., on the 7th
day of December. 1964.
In the meantime, let service be per
fected upon the party or parties whose
written consent to the adoption is re
quired. Unless service of said petition
and notice has been or will be duly
waived in writing for the interlocutory
hearing.
The Clerk is directed, within fifteen
(15) days from the date of filing of this
petition, as by law provided, to forward
a conformed copy of the petition and
order to the State Department of Family
& Children Services, together with a
letter requesting that a complete inves
tigation and report be made, as by law
provided.
This 15 day of September, 1964.
HAROLD R. BANKE
Judge, Superior Court
Clayton Judicial Circuit
C. W. Eberhardt Atty.
764 Memorial Dr. S.E.
Atlanta 30316
10-13
STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I. Ben W. Fortson. Jr.. Secretary of
the State of Georgia, do hereby certify
that the thirteen pages of typewritten
and written matter hereto attached form
one of the copies of the petition, filed
in this office in triplicate, seeking to
amend the charter of: BANK OF JONES
BORO. Jonesboro. Clayton County. Ga.:
this copy is certified and returned to
petitioner for publication of those docu
ments required by law to be published
In Testimony Whereof. I have here
unto set my hand and affixed the seal
of my office, at the Capitol, in the Citx
of Atlanta, this 18th day of September,
in the year of our Lord One Thousand
Nine Hundred and Sixty-Four and of
the Independence of the United States
of America the One Hundred and Eighty-
Ninth.
BEN W. FORTSON, JR.
Secretary of State
(SEAL)
STATE OF GEORGIA
COUNTY’ OF CLAYTON
APPLICATION TO AMEND THE
CHARTER OF BANK OF JONESBORO
TO THE HONORABLE BEN W. FORT
SON. SECRETARY’ OF STATE. STATE
OF GEORGIA:
The application of the BANK OF
JONESBORO. Jonseboro, Clayotn Coun
ty, Georgia, shows the following facts,
to-wit:
1.
That applicant is a banking corpora
tion organized and existing under the
laws of the State of Georgia, with its
principal place of business in Jonesboro,
Clayton County. Georgia, its charter
having been granted on October 6. 1903
by the Secretary of State, State of Geor
gia. under the authority of the provi
sions of an act approved December 20,
1893. providing for the incorporation of
banks, giving it corporate existence for
a period of thirty (30) years from said
date.
2.
That applicant's charter was amended
on August 30. 1933. and on said date an
order was issued by the Honorable John
B. Wilson. Secretary of State, renewing
its charter for a period of thirty (30)
years from October 6. 1933.
3.
That applicant’s charter was amended
on April 22, 1957, increasing its capital
stock from Twenty-five Thousand Dol
lars <525,000.00) to Fifty Thousand Dol
lars ($50,000.00).
4.
That applicant's charter was amended
on December 21, 1959 increasing its capi
tal stock from Fifty Thousand Dollars
($50,000.00) to Seventy-five Thousand
Dollars ($75,000.00).
5.
That applicant’s charter was amended
on December 19. 1960. increasing its
capital stock from Seventy-five Thousand
Dollars i $75,000.00) to One Hundred
Thousand Dollars ($100,000,00).
6.
That applicant’s charter was amended
on the 15th day of July 1963 ncreasing
its capital stock from One Hundred
Thousand Dollars < $100,000,00) to Two
Hundred Thousand Dollars ($200,000.00)
and by renewing applicant's charter for
an additional period of thirty (3) years
from October 6, 1963.
7.
That applicant seeks amendment of its
charter as follows: to provide for a re
duction in the par value of the capital
’tock of applicant from One Hundred
Dollars ($100.00) par value per share to
Ten Dollars ($10.00) par value per share;
to provide for an increase in the capital
stock from Twenty Thousand (20,000)
shares to Twenty-two Thousand Five
Hundred 122,500) shares by declaring a
stock dividend of one (1) share of stock
for eight (8) shares held and by trans
ferring Twenty-five Thousand Dollars
<525,000.00) from surplus to capital; to
provide for the subscription of addi
tional stock in the amount of Two Thou
sand Five Hundred (2.500) shares of the
Ten Dollar ($10.00) par value stock and
the issurance of right to subscribe to the
I, stock In the amount of one (1) share for
- each eight (8i shares held at a purchase
s price of Fifteen Dollars ($15.00) per
r share. Ten Dollars <$10.00) of which will
I, be credited to cfapital and Five Dollars
s iss.oo< to surplus account; further, appli
- cant seeks to amend its charter to pro
f vide for the acquisition by applicant of
- all the rights, powers, privileges and
y immunities, subject to the liabilities and
restrictions of tr*ust companies as pro
a vided for in Sections 109-101 to 109-105
- and 102-201 and 109-401 (Acts 1917 pages
a 81 and 82), et seq, of the Code of Geor
\ gia, annotated.
8.
That applicant has a paid in capital in
f excess of One Hundred Thousand Dol
f lais <$100,000.00).
y 9.
s Applicant attaches hereto as Exhibit
a “A" a copy of the notice of the special
1 meeting of the stockholders which was
1 mailed to each of the applicant’s stock
i holders on the 14th day of August, 1964.
a 10.
t Attached hereto as Exhibit "B". “C”
a and "D" are certified copies of the reso
lution of applicant’s stockholders au
f thorizing the amendment of its charter
z to provide for the reduction in the par
a value of the capital stock of applicant
s from One Hundred Dollars <sloo.oo< per
- share to Ten Dollars (SIO.OOI per share:
1 to provide for an increase in the capital
stock of applicant from Twenty Thou-
1 sand (20,0001 shares to Twenty-two Thou
. sand Five Hundred (22,500) shares by
. declaring a stock dividend of one (1)
j share of stock for each eight (8) shares
r held and by transferring Twenty-five
t Thousand Dollars <52^.000.00) from sur
» plus to capital; to piuvide for the sub
i scription of additional stock in the
t amount of Two Thousand Five Hundred
» ! <2,500) shares of the Ten Dollar <slo.oo ♦
* par value stock of applicant and the
: issuance of rights to subscribe to this
. stock in the amount of one (1) share for
each eight <8» shares held at a purchase
; price of Fifteen Dollars ($15.00) per
share. Ten Dollars ($10.00) of which will
be credited to capital and Five Dollars
i 55.00) to surplus account; and to pro
vide for the acquisition of trust powers
as provided for in Section 109-401 et seq
of the Code of Georgia, Annotated. The
vote of the stockholders approving said
resolutions was 1724 shares for the ap
proval of the resolutions and no (0)
J shares voting against said approval.
! 11.
That attached hereto as Exhibit “E"
1 is a certified copy of the resolution of
the Board of Directors authorizing the
acquisition of trust powens as herein
before set forth.
WHEREFORE, applicant prays that its
charter be amended all as set forth in
this application.
This 18th day of September, 1964.
BANK OF JONESBORO
By: C. S. CONKLIN, President
JAMES W. WATTERSON, Cashier
HODGES AND OLIVER
Jonesboro, Georgia
Attorneys for Bank of Jonesboro
STATE OF GEORGIA
COUNTY OF CLAYTON
VERIFICATION
Personally appeared before the under
signed officer authorized to administer
oaths, C. S. CONKLIN, who, after being
duly sworn, deposes and states thed he
is President of BANK OF JONESBORO
and that the facts set forth in the fore
going application to amend the charter
of BANK OF JONESBORO are true.
This 18th day of September, 1964.
C. S. CONKLIN
Swoi n to and subscribed
before me this 18th
day of September, 1964.
Robert Oliver
Notary Public
Notary Public. Georgia, State at Large
My Commission Expires July 15, 1967
BANK OF JONESBORO <
Jonesboro, Georgia
August 14. 1964
TO: Shareholders of the Bank of Jones
boro
You are hereby notified that a special ■
meeting of the Shareholders of the Bank 1
of Jonesboro will be held in the office 1
of the Bank at 10:00 A.M. on August 26, •
1964. The meeting was called by the 1
Board of Directors at its regular monthly .
meeting held on August 12, 1964, at ’
which time the following resolution was 1
passed: !
“RESOLVED that a special meeting of ’
the shareholders of the Bank of Jones- *
boro be called to be held at the Bank
at 10:00 A.M. on August 26. 1964 for the
following purposes:
1. J
To consider and vote upon the ques- (
lion of amending the charter of Bank
of Jonesboro to provide for a reduction I
in the par value of the capital stock of <
the Bank from SIOO.OO per share to SIO.OO 1
per share and to issue new certificates ;
of stock for ten (101 shares for each one (
<1) share previously held. 1
2.
To consider and vote upon the ques- (
tion of amending the charter of Bank s
of Jonesboro to provide for an increase 1
in the capital stock from 20,000 shares I
to 22,500 shares by declaring a stock ;
dividend of one <1) share of stock for 1
each eight <B< shares held and by trans- J
ferring $25,000.00 from surplus to capi- ’
tai, and to provide for the subscription (
of additional stock in the amount of 1
2,500 shares of the SIO.OO par value stock (
and the issuance of rights to subscribe
to this stock in the amount of one (1) 1
share for each eight (8» shares held at (
a price of $15.00 per share—slo.oo of (
which will be credited to capital and
$5.00 to surplus account.
io amend the charter to provide for
the acquisition for trust powers as pro
vided for in Section 109-401 of the Geor- 5
gia Code. (
Exhibit “A”
That the shareholder may take such
other action that may properly come be- (
fore the meeting ” (
Please sign and return the enclosed ’
proxy in the enclosed self-addressed en- 1
vlope. Should you be able to attend the
meeting in person the proxy will not be
used. (
Sincerely yours,
C. S. CONKLIN J
Chairman of the Board and President r
MINUTES OF SPECIAL STOCKHOLD
ERS MEETING OF BANK OF JONES
BORO. AUGUST 26. 1964 RE: A RESO- (
LUTION OF STOCKHOLDERS OF BANK i
OF JONESBORO RECOMMENDING THE t
REDUCTION OF THE PAR VALUE OF
CAPITAL STOCK OF BANK OF JONES- i
BORO FROM SIOO.OO PER SHARE TO <
$10.90 PER SHARE c
MOTION: It was moved by ARTHUR
HUIE and seconded my W. E. RAWLS
that the following resolution be .adopted
by the stockholders of the BANK OF
JONESBORO:
“WHEREAS, the Board of Directors of
said bank, at their regular meeting held (
on August 12. 1964, adopted a resolution £
recommending the reduction in the par (
value capital stock of the BANK OF j
JONESBORO from SIOO.OO per share to (
SIO.OO per share, and (
WHEREAS, a written notice of a spe- r
cial meeting of the stockholders of said <
bank was mailed to each stockholder
more than ten (10) days prior to this
meeting, stating that the meeting would
be held this date to act on the resolu
tion of the Board of Directors, that the
par value of the stock of the corpora
tion be reduced from SIOO.OO per share
to SIO.OO per share.
NOW THEREFORE, be it resolved by c
the stockholders of the BANK OF (
JONESBORO that the resolution and rec
ommendation of the Board of Directors ]
recommending that the par value of the £
capital stock of BANK OF JONESBORO f
be reduced from SIOO.OO per share to j
SIO.OO per share, be and the same is
hereby approved."
The vote on the foregoing resolution:
For said resolution: 1724 shares
Against said resolution: 0 shares \
STATE OF GEORGIA t
COUNTY OF CLAYTON
I. JAMES W. WATTERSON. Cashier of f
BANK OF JONESBORO, do hereby r
certify that the above and foregoing reso- f
lution is a true and correct copy of a (
resolution passed at a special meeting ;
of the stockholders of BANK OF JONES- /
BORO, held at the office of said bank
at 10:00 o’clock A.M. on the 26th day r
of August. 1964. at which meeting the ]
stockholders representing a majority of t
the entire capital stock of the b«nk were ;
present and voting for said resolution, (
and that written notice of said special )
meeting was mailed to each stockholder i
more than ten (10) days before the c
meeting was held. The original resolu- <
tion is on record in the minute book of ]
the records of the stockholders meetings £
now on file in the BANK OF JONES- (
BORO. i
IN WITNESS WHEREOF. I have here- €
unto set my hand and affixed the seal r
of the BANK OF JONESBORO, this 18 r
day of September. 1964.
JAMES W. WATTERSON, Cashier of c
BANK OF JONESBORO. j
Jonesboro. Georgia c
Exhibit “B" t
MINUTES OF SPECIAL STOCKHOLD- c
ERS MEETING OF BANK OF JONES- f
BORO AUGUST 26. 1964 RE: A RESOLU- c
TION OF STOCKHOLDERS OF BANK r
OF JONESBORO RECOMMENDING THE c
INCREASE IN THE CAPITAL STOCK c
FROM TWENTY THOUSAND (20.000) >
SHARES TO TWENTY-TWO THOUSAND t
FIVE HUNDRED <22,500* SHARES t
MOTION: It was moved by C. S. t
CONKLIN 111 and seconded by ARTHUR (
HUIE that the following resolution be b
adopted by the stockholders of the
BANK OF JONESBORO: (
"WHEREAS, the Board of Directors of r
said bank, at their regular meeting held i
on August 12, 1964. adopted a resolution (
recommending the increase in the capi- •
tai stock of BANK OF JONESBORO from t
Twenty Thousand (20,000) shares to c
Twenty-two Thousand Five Hundred 1
(22,500» shares by transferring Twenty- f
five Thousand Dollars i 525,000.00) from v
surplus account and by declaring a stock r
dividend of one (1) share of stock for f
each eight (8) shares held and to provide c
for the subscription of additional stock c
in the amount of Two Thousand Five s
Hundred (2,500) shares of the Ten Dollar a
($10.00) par value stock and the issuance x
of rights to subscribe to this stock In
the amount of one (1) share for each
eight (8r shares held at a purchase price
of Fifteen Dollars <515.00) per share, and
WHEREAS, a written notice of a spe
cial meeting of the stockholders of said
bank was mailed to each stockholder
more than ten <10» days prior to this
meeting, stating that this meeting would
be held this date to act on the resolu
tion of the Board of Directors, that the
capital stock be increased as set out in
the foregoing paragraph, and
NOW THEREFORE, be it resolved bv
the stockholders of the BANK OF
JONESBORO that the resolution and
recommendation of the Board of Direc
tors recommending an increase in the
capital stock of the BANK OF JONES
BORO from Twenty Thousand (20,000)
shares to Twenty-two Thousand Five
Hundred (22.5001 shares by declaring a
stock dividend of one (1) share for each
eight <8) shares held and by transferring
Twenty-five Thousand Dollars ($25.-
900.001 from surplus to capital and to
provide for the subscription of additional
stock in the amount of Two Thousand
Five Hundred «2,5001 shares of the Ten
Dollar ($10.00) par value stock and the
issuance of rights to subscribe to the
stock in the amount of one <ll share for
each eight (8) shares held at the pur
chase price of Fifteen Dollars ($15.00)
per share, be and the same is herebv
approved."
The vote on the foregoing resolution:
For said resolution: 1724 shares
Against said resolution: 0 shares
Exhibit “C”
STATE OF GEORGIA
COUNTY OF CLAYTON
I. JAMES W. WATTERSON, Cashier
of BANK OF JONESBORO, do certify
that the above and foregoing resolution
is a true and correct copy of a resolu
tion passed at a special meeting of the
stockholders of BANK OF JONESBORO,
held at the offices of said bank at 10:00
o’clock A.M. on the 26th day of August,
1964, at which meeting the stockholders
representing a majority of the entire
capital stock of the bank were present
and voting for said resolution, and that
written notice of said special meeting
was mailed to each stockholder more
than ten (10» days before the meeting
was held. The original resolution is on
record in the minute book of the records
of the stockholders meetings now on file
in the BANK OF JONESBORO.
IN WITNESS WHEREOF. I have here
unto set my hand and affixed the seal
of the BANK OF JONESBORO, this 18
day of September, 1964.
JAMES W. WATTERSON, Cashier of
BANK OF JONESBORO,
Jonesboro, Georgia
MINUTES OF SPECIAL STOCKHOLD
ERS MEETING OF BANK OF JONES
BORO AUGUST 26. 1964 RE: A RESOLU
TION OF STOCKHOLDERS OF BANK
OF JONESBORO AUTHORIZING
AMENDMENT OF THE CHARTER TO
PROVIDE FOR THE ACQUISITION OF
TRUST POWERS AS PROVIDED FOR
IN SECTION 109-401 ET SEQ OF THE
GEORGIA CODE ANNOTATED
MOTION: It was moved bv W. E.
RAWLS and seconded by MRS. CHARLES
S. CONKLIN that the following resolu
tion be adopted by the stockholders of
the BANK OF JONESBORO:
"WHEREAS, the Board of Directors of
said bank, at their regular meeting held
on August 12. 1964. did adopt a resolution
recommending that BANK OF JONES
BORO acquire trust powers as provided
for in Section 109-401 of the Code of
Georgia Annotated, and
WHEREAS, a written notice of the spe
cial meeting of the stockholders of said
bank was mailed to each stockholder
more than ten (10) days prior to this
meeting, stating that this meeting would
be held this date to act on the resolution
of the Board of Directors that the bank
acquire trust powers as set out in the
above paragraph,
NOW THEREFORE, be it resolved by
the stockholders of the BANK OF
JONESBORO, that the resolution and
recommendations of the Board of Direc
tors recommending that BANK OF
JONESBORO acquire all the rights,
powers, privileges and immunities, sub
ject to the liabilities and restrictions
conferred and imposed upon trust com
panies, as set out in Sections 109-401 et
seq. 109-101 to 109-105 and 109-201, of the
Code of Georgia. Annotated, be and the
same is hereby approved."
The vote on the foregoing resolution:
For said resolution: 1724 shares
Against said resolution: 0 shares
STATE OF GEORGIA
COUNTY OF CLAYTON
I. JAMES W. WATTERSON, Cashier of
BANK OF JONESBORO, do hereby
certify that the above and foregoing
resolution is a true and correct copy of
a resolution passed at a special meeting
of the stockholders of BANK OF JONES
BORO. held at the office of said bank
at 10:00 o'clock A.M., on the 26th day
of August, 1964, at which meeting the
stockholders representing a majority of
the entire capital stock of the bank w’ere
present and voting for said resolution,
and that written notice of said special
meeting was mailed to each stockholder
more than ten (101 days before the meet
ing was held. The original resolution is
on record in the minute book of the
records of the stockholders meeting now
on file in the BANK OF JONESBORO.
IN WITNESS WHEREOF. I have here
unto set my hand and affixed the seal
of the BANK OF JONESBORO, this 18
day of September. 1964.
JAMES W. WATTERSON, Cashier of
BANK OF JONESBORO,
Jonesboro, Georgia
Exhibit "D”
STATE OF GEORGIA
COUNTY OF CLAYTON
I. JAMES W. WATTERSON. Cashier of
BANK OF JONESBORO, do hereby
certify that the following is a true and
correct copy of a resolution passed at a
meeting of the Board of Directors of
BANK OF JONESBORO on August 26,
1964:
RESOLVED: That the President and
Cashier of the Bank be and they hereby
are authorized to take such action as
may be necessary to amend the charter
of the Bank so as to acquire all rights,
powers, privileges and immunities of
trust companies, subject to the liabilities
and restrictions placed thereon, as set
out in Sections 109-401. et seq, 109-101 to
109-105 and 109-201, of the Code of Geor
gia. Annotated.
IN WITNESS WHEREOF. I have here
unto set my hand and affixed the seal
of the BANK OF JONESBORO, this 18
day of September. 1964.
JAMES W. WATTERSON. Cashier of
BANK OF JONESBORO,
Jonesboro, Georgia
Exhibit “E”
CERTIFICATE OF ORDINARY
I. JOE T. LANE. Ordinary of Clayton
County, Georgia, do hereby certify that
after investigation, I find that the BANK
OF JONESBORO. Jonesboro, Georgia,
has a paid in capital of not less than
One Hundred Thousand Dollars (SIOO.-
000.00); this certificate is being given
pursuant to Section 109-402 (1) of the
Code of Georgia.
This 18th day of September, 1964.
JOE T. LANE. Ordinary
Clayton County, Georgia
10-13
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
1.301 acres of land; and
access rights in the lands abutting;
and Edwin Q. Respess
individually.
Docket No. 7851
In Rem
ORDER AND JUDGMENT
The petition in the above stated case
with Declaration of Taking attached, and
the certificate of the Clerk show’ing the
filing of such petition and Declaration
and deposit into court of the sum of
money estimated as just compensation
for the property taken, as authorized by
Georgia Laws 1961, pages 517, et soq., as
amended, it is Considered, Ordered and
Adjudged:
<ll That the property described in the
petition of the plaintiff and in the Dec
laration of Taking filed concurrently
therewith being shown to be within the
person having an interest in, title to. or
Georgia Highway Project I 75-2 (25) is
hereby condemned in fee simple to the
use of the State Highway Department
of Georgia, together with such rights as
described in such petition and such Dec
laration, under authority of said Act,
and the State Highway Department of
Georgia and its successors are hereby
vested with full, complete, and un
encumbered title to such property and/or
rights for the purposes described in said
petition and Declaration: but nothing
herein contained is to be construed as
depriving the named defendant, or any
person having an interest in, ttile to. or
claim against said property of the right
to appeal the estimated amount of just
compensation to a jury in this court, or
of the right to apply for the appointment
of a Special Master to review and deter
mine the correctness of th^ amount of
estimated compensation, as so deposited,
or of the right to petition the court to
vacate and set aside said Declaration and
this Judgment: but this judgment shall
be construed only as vesting title and
the right of possession in the Plaintiff-
Condemnor, as contemplated by the
aforesaid Act, as amended;
(2) The State Highway Department of
Georgia having applied to me for im
mediate possession of said property, and
it being provided in the said Act of the
General Assembly, as amended, that
"The Court shall have power to fix the
time, the same to be not later than sixty
days from the date of filing of the Dec
laration of Taking, as herein provided
for, within which and the terms upon
which the parties in possession shall be
rc r,,, 'red to surrender possession to the
petitioner”, let the person in possession
ox sucn property, as well as the named
condemnees, be served with a copy of
said petition and Declaration of Taking,
and this Order, and they are hereby di-,
rected to show cause before me at 10 1
n o’clock a.M. on the 15th day of October,
n 1964. at Clayton County Court House,
e Jonesboro why the possession of said
j pioperty should not be surrendered to
- the State Highway Department of Geor
s gia on a day certain, not later than sixty
r jays from the date of said filing of the
s Declaration of Taking;
<3• It is further ordered and directed
that the petition, together with said
Declaration of Taking, be served in
accordance with the provisions of the
v aforesaid Act of the General Assembly
p of 1961, as amended; that, where shown
j bj’ the petition, there are nonresidents
_ of the State of Georgia, who have title
e to, claims against, or any interest in said
_ property, whose names and addresses are
known, the Clerk provide for the serv
e ice of such parties by United States Reg
a istered mail, w’ith return card requested,
a as provided for in said Act, as amended,
, and certify such service to the Court, as
_ a part of the record in this case: that
a the Ordinary of said County be served
j with a copy of this petition and this
j Order; and that, upon being so served,
j it shall be his duty to appoint a guardian
» ad litem for any minor or person labor
a ing under legal disabilities, who may be
p shown by the allegations of the petition
_ to be a nonresident of this State; and.
) it shall be his further duty to appoint a
z guardian ad litem for any minor or per
son laboring under legal disabilities, who
may be a resident of this State but who
is shown by the petition to be not repre
sented by a giardian or other per
sonal representative, capable of being
served;
(41 That second originals of this peti
p tion, including all orders and proceedings
. in connection therewith, as well as the
j Declaration of Taking, be issued by the
. Clerk for service upon the following
» named nonresidents of this County:
(5) It is further ordered that a copy
j of this petition and of said Declaration
be served upon the tax collecting au
’ thorities of this County;
» <6> It being the purpose of this Order,
in this respect, to make certain so far as
t is possible, that all persons having title
, to, or interest in. or claims against the
’ described property be given notice of the
; pendency of this proceeding; it is further
J ordered that such additional service be
. made as may be called for by the allega
, tions of the petition, together with the
provisions of the said Act of the General
Assembly, as amended, for such service;
। and, further that the Clerk of the Su
» perior Court shall cause a citation to be
issued and published in the official news
paper of said County, entitled in this
cause, describing the property condemned
in this proceeding, reciting also the filing
of the Declaration of Taking by con
demnor, setting forth the names of the
persons known or believed to be the
owners, or having an interest in. or
claims against said property and citing
such persons, as well as all others claim
[ ing any title to or interest in said prop
erty. or in said fund on deposit with the
Clerk which amount shall be set out in
such citation, to appear in this court and
make known their claims; and let such
citation be published in such newspaper
for two consecutive weeks, beginning
with the issue of Sept. 29, 1964-Oct. 6.
1964.
Let this Order be filed as a part of
the record in this case.
This 25th day of September, 1964.
/s/ HAROLD R. BANKE
JUDGE SUPERIOR COURT
CLAYTON JUDICIAL CIRCUIT
CITATION
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
1.301 acres of land; and
access rights in the lands abutting;
and Edwin Q. Respess
Individually.
Docket No. 7851
In Rem
The said named persons and any and
all other persons known and unknown
claiming any right, title, power, inter
est. ownership, equity, claim or demand
in and to the lands hereinafter described,
and all occupants, tenants, lessees, li
censees and all holders, owners and users
of ways and easements in, across, over
and under said land are hereby notified,
under the provisions of Georgia Laws
1961, page 517, et seq., as amended, pro
viding 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 prop
erty hereinafter described, was filed in
said court on the 25th day of September,
1964;
That, in accordance with the provisions
of Section 3 of the aforesaid Act of the
General Assembly, a Declaration of
Taking, duly authorized and properly
executed as provided by said statute, as
amended, has been made and filed in
said case, declaring the necessity for and
exercising the power of taking the said
described lands for State-aid public road
purposes, thereby vesting the title to
same in the State Highway Department
of Georgia: and. in pursuance of such
authority, the State Highway Depart
ment has deposited with the Clerk of
the Superior Court of said County
$13,280.00 as the just compensation for
the said lands described: and all persons
claiming such fund or any interest there
in, are hereby required to make known
their claims to the Court;
In accordance with Section 3 of said
Act. as amended, the Plaintiff-Con
demnor has prayed the Court for im
mediate possession of said property, and
all persons having any interest in or
claim against such property, as above set
fdrth, are required by the Order s os the
Judge of said Court, made and filed in
said case on the 25th day of September.
1964. to show cause before such Judge
at Clayton County Court House Jonesboro
on the 13th day of October. 1964. at 10
o’clock A.M. why such prayers for im
mediate possession should not be granted;
The said property, as thus affected, is
described as follows:
SEE PAGE 19-A FOR DESCRIPTION
This 25th day of September. 1964.
/s/ JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
PAGE 19-A
Project No. I 75-2 <2si Clayton County
Parcel No. Property Owner Acres
49 & 49-A E. Q. Respess 1.301
All that tract or parcel of land lying
add being in Land Lot 76 of the 13th
Land District of Clayton County, Geor
gia, being more particularly described
as follow’s:
BEGINNING at the intersection of the
property line between the lands of the
Condemnee and the lands now or for
merly owned by A. P. Whitehead and
E. Q. Respess with the existing southwest
right of way line of the Atlanta South
Expressway at a point twenty-six <26 >
feet southwest of and opposite Station
112 plus 47.1 on the survey center line
of Georgia Highway Project I 75-2 (25»;
running thence westerly along said prop
erty line to the intersection of a line
which is one hundred fifty (150» feet
southwest of and parallel to said survey
center line; thence northwesterly along
said parallel line to a point opposite Sta
tion 115 plus 00 on said project survey
center line; thence northerly along a
straight line to the intersection of a
line which is seventy-six <76i feet south
west of and parallel to said project sur
vey center line at a point opposite Sta
tion 117 plus 00; thence northwesterly
along said latter parallel line to the in
tersection of the existing southerly right
of way line of Kennedy Road; thence
northeasterly along said latter existing
right of way line to the intersection of
said southwest right of way line: thence
southeasterly along said southwest right
of way line back to the point of be
ginning.
ALSO all that tract or parcel of land
BEGINNING at the southeast intersec
tion of the Atlanta South Expressway
and Kennedy Road; running thence
easterly along the existing southerly
right of way line of Kennedy Road to
the intersection of a line w’hich is sixty
five (65) feet northeasterly of and
parallel to the survey center line of
Frontage Road No. 2 of Georgia Highway
Project I 75-2 (25>: thence southeasterly
along said parallel line to the intersection
of a property line between lands of the
Condemnee and lands now or formerly
owmed by G. L. Echols; thence southerly
along said property line to the intersec
tion of the existing northeasterly right
of way line of the Atlanta South Ex
pressway; thence northwesterly along
said northeast right of way line back to
the point of beginning.
The title, estate, or interest in the
above described lands, required by con
demnor and now taken by condemnor
for public use is as follows:
Fee simple title to the above described
lands and all rights of access between
the LIMITED ACCESS HIGHWAY’ and
approaches thereto on the above num
bered Highway and all of the remaining
real property of the Condemnee except
at such points as designated bv the
STATE HIGHWAY DEPARTMENT OF
GEORGIA as shown oh the plat dated
the 22nd day of August. 1963; Revised:
June 2. 1964, and attached to Appendix
"A" to Exhibit ‘A” as Annex 6-A.
10-6
NOTICE OF AMENDMENT
TO THE
CLAYTON COUNTY ZONING
RESOLUTION
Notice is hereby given that a public
hearing will be held by the Commis
sioners of Roads and Revenue of Clayton
County on Thursday. October 15. 1964
at 2:00 P.M. in the Commissioner’s Of
fice. Courthouse. Jonesboro. Georgia, to
consider the following rezoning recom
mendation of the Clayton County Plan
ning Commission.
The Planning Commission recommends
that the property of B G C Company lo
cated in Land Lot 19 of the 13th Dis
trict of Clayton County. Georgia, and
being more particularly described as fol
lows; BEGINNING at the Southwest
corner of Conley Road and RendrlM
; Drive: running thence 195 feet South
-1 easterly along the right-of-way of Hen
-3 drix Drive; thence Southwesterly 170
- feet: thence Northwesterly 235 feet;
/ thence Northeasterly 104 feet to the
e right-of-way of Conley Road: thence
South 72 degrees 48 minutes East, 52 feet;
3 thence South 66 degrees 52 minutes East,
j 99.8 feet; thence North 23 degrees 11
■j minutes East. 20 feet to the point of BE
e GINNING, be rezoned from R- 2 Resi
c dential to C- 4 General Commercial Dis
i trict.
s The Planning Commission recommends
B that the property of B G C Company
1 located in Land Lot 19 of the 13 District
e of Clayton County, Georgia, and being
. more particularly described as follow’s:
. BEGINNING at a point on the South
, east side of Hendrix Drive, said point
, being 195 feet Southeasterly from the
5 Southwest corner of the intersection of
t Conlev Road and Hendrix Drive; run
i ning thence Southeasterly 240.3 feet along
s the right-of-way of Hendrix Drive;
. thence South 76 degrees 10 minutes West,
i 333.8 feet; thence South 83 degrees 38
. minutes West, 349.9 feet; thence South
? 79 degrees 57 minutes West. 184.7 feet;
i thence North 10 degrees 07 minutes West,
. 732.2 feet to the right-of-way of Conlev
} Road: thence South 72 degrees 48 minutes
. East 517.1 feet along the right-of-way
> of Conley Road: thence Southwesterly
) 104 feet; thence Southeasterly 275 feet;
. thence Northerly 170 feet to the point
. of beginning, be rezoned from R- 2 Resi
j dential District to R- 3 Multiple-Family
Residential District.
This 25th Day of September, 1964.
. P. K. DIXON, Chairman
, Commissioners of Roads and Revenue
; Clayton County, Georgia
. 9-29
NOTICE OF APPLICATION
i TO REZONE PROPERTY.
REQUEST CONDITIONAL USE PERMIT
AND TO AMEND
CLAYTON COUNTY ZONING
RESOLUTION -
UNINCORPORATED AREAS OF
CLAYTON COUNTY
’ Notice is hereby given that the follow
mg petitions have been filed to change
the classification and use thereof, and
to amend accordingly the Comprehensive
’ 1964 Zoning Resolution of Clayton Coun
ty, adopted by the Commissioners of
Roads & Revenue. June 11, 1964.
A preliminary hearing of these peti
tions will be held by the Clayton County
Planning Commission, Monday, October
12, 1964 at 7:30 P.M. in the Commis
sioners Office, Court House, Jonesboro,
Georgia. The applications to amend
accordingly the Comprehensive Zoning
Resolution will be passed upon by the
Commissioners of Roads & Revenue, at
their Special Meeting at the Court House,
Jonesboro, Georgia, Thursday, October
15. 1964 at 2:00 P.M.
A. R. EVANS, petition to rezone prop
erty from R-2 Residential to R-3 Mul
tiple-Family Residential District. All that
tract or parcel of land lying and being
in Land Lot 209 of the 13th District of
Clayton County, Georgia and being more
particularly described as follows: BE
GINNING at the Northwest original cor
ner of Land Lot 209; running thence
South along the West original line of
said land lot 209. 914.5 feet to a point;
thence East 831 feet to a point; thence
North 314.5 feet to a point on the North
original line of said Land Lot; thence
West along said original line 831 feet
to the point of beginning.
MRS. MYRA L. BROWN, petition to
rezone property from A-Agricultural to
C-3 Commercial District. All that tract
or parcel of land lying and being in Land
Lot 95 of the 6th District of Clayton
County, Georgia and being more par
ticularly described as follows: BEGIN
NING at a point on the West side of
Highway 41 and 19 (South Expressway);
thence South 88 degrees 00 minutes West,
a distance of 200 feet to an iron pin;
thence North 11 degrees 11 minutes West,
a distance of 200 feet to an iron pin;
thence North 88 degrees 00 minutes East,
a distance of 200 feet to the West side of
Highway 41 and 19 (South Expressway)
to an iron pin; thence South 11 degrees
11 minutes East, along the West side of
Highway 41 and 19 (South Expressway),
a distance of 200 feet to the point of be
ginning.
NOLAN J. CREWS, petition to rezone
property from C-3 Community Commer
cial to C-4 General Commercial District
and if rezoned, to issue a Conditional
Use Permit for the purpose of a Trailer
Park. All that tract or parcel of land
lying and being in Land Lot 181 of the
12th District of Clayton County, Geor
gia. being a portion of Tract 3 and all
of Tracts 4. 5, and 6 as per plat of J. H.
Fridell property by W. J. Greene, Sur
veyor, dated May, 1957, and being more
particularly described as follows: BE
GINNING at an iron pin on the South
west right-of-way line of State Highway
42 a distance of 712 feet more or less,
Southeasterly from the intersection of
the Southwest line of Highway 42 with
the center line of Ellenw’ood-Joy Lake >
Road, said point of beginning being at
the Southeast corner of propertv con
veyed to Charles W. Stinson on April 12,
1951 in Deed Book 87, Page 1. Clayton
Countv Records; thence running South
easterly along the Southwest line of ’
Highway 42, a distance of 600 feet, more
or less, to an iron pin at the Northeast
cornel - of Tract 2, said plat; thence West
along the North line of Tract 2, said
plat. 525 feet; thence North 90 feet, more
or less, to a point on the South line of
Tract 4. said point being located 482 feet
West of Highway 42; thence running
West along the South line of Tract 4. a
distance of 300 feet to an iron pin on
the West line of the Fridell property;
thence North 1 degree 35 minutes West,
a distance of 403.4 feet, more or less,
to an iron pin on the West line of the
Fridell property; thence East along the
South line of the Charles W. Stinson
property 568 f^et, more or less, to the
iron pin on the Southwest line of High
way 42 and the point of beginning.
RAYMOND Z. ADAMS, petition to re
zone property from A-Agricultural to
C-4 General Commercial District. All that
tract or parcel of land lying and being
in Land Lot 107 of the 13th District of
Clavton County. Georgia and being more
particularly described as follows: BE
GINNING at a point on the East right
of-way line of Fayetteville and Atlanta
paved road. Route No. 85 and the South
original line of said Land Lot: running
thence East along said original line 425
feet to a made corner; thence North 185
feet to a made corner on the South side
of a 25 foot road: thence West 410 feet
to the East right-of-way of State road
No. 85; thence South along said right
of-way 200 feet to the point of begin
ning.
GEORGIA POWER COMPANY, peti
tion for a Conditional Use Permit for
the purpose of a Sub Station. All that
tract or parcel of land lying and being
in Land Lots 67 and 94 of the 6th Dis
trict of Clayton County. Georgia and
being more particularly described as fol
lows: BEGINNING at a point on the
North right-of-way line of Freeman Road
at a point located 250 feet East of the
Northeast intersection of Freeman Road
with Feagin Road, and extending from
said beginning point. North 01 degrees
00 minutes East and at right angles to <
’aid North right-of-way line of Freeman
Road 460.35 feet to the North property
line of lands of H. G. Veal and Hubert
Gregory Veal, said North property line
dividing land of Mrs. J. B. Reeves and
lands of H. G. Veal and Hubert Gregory
Veal: thence South 88 degrees 57 minutes
East along said dividing line between
lands of Mrs. J. B. Reeves and lands of
said Veals 300 feet to a point; thence
South 01 degrees 00 minutes West 460.05
feet to a point on said North right-of
way line of Freeman Road: thence North
89 degrees 00 minutes West along said
North right-of-way line of Freeman Road
300 feet to the point of beginning.
THOMAS M. MILLER, petition to re
zone property from R-2 Residential Dis
trict to C-2 Restricted Commercial Dis
trict. That certain tract of land located
in Land 210, 13th District of Clayton
County. Georgia, at the Southeast corner
of U. S. Highway No. 41 and Oak Drive,
starting at an iron stake at the corner
of Oak Drive and U. S. Highway No. 41
and running Southeast along the North
side of U. S. Highway 41, a distance of
100 feet to an iron stake; thence North
east 150 feet to an iron stake; thence
Northwest 100 feet to an iron stake;
thence 150 feet along the South side of
Oak Drive to the point of BEGINNING.
By H. M. Born, Chairman of the Clay
ton County Planning Commission and
Opal M. Fincher. Secretary.
10-6
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