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Legal Notices
IN THE SUPERIOR COURT OF
CLAYTON COUNTY, GEORGIA
> Docket No. 7772
In Rem
STATE HIGHWAY DEPARTMENT OF
GEORGIA
VS.
2.700 acres of land; and Access rights in
the lands abutting; and A. P. Whitehead;
and Edwin Q. Respess individually.
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
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
Declaration of Taking filed concurrent
ly therewith being shown to be within
the bounds of the required right of way
of Georgia Highway Project 1-75-2 (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
Declaration, under authority of said Act.
and the State Highway Department of
Georgia and its successors are hereby
vested with full, complete, and unen
cumbered 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 anv
person having an interest in, title 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 the 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 ot 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
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 10:30 o’clock a.m. on
Sept. 29. 1964. at Clayton County Court
house, why the possession of .said prop
erty 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 Dec
laration of Taking;
(3) It is further ordered and directed
that the petition, together with said
Declaration of Taking, be served in ac
cordance with the provisions of the afore
said 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 service
of such parties by United States Regis
tered 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 laboring
under legal disabilities, who may be
shown by the allegations of the petition
to be a non-resident 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
resented by a guardian or other personal
representative, capable of being served;
(41 That second originals of this peti
tion, including all orders and proceed
ings in connection therewith, as well as
e 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 auth
orities 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
service 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
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 in
terest in, or claims against said property
and citing such persons, as well as all
others claiming any title to or interest
in said property, or in said fund on de-
Sosit with the Clerk which amount shall
e 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, be
ginning with the issue of Sept. 15, 1964.
Let this Order be filed as a part of
the record in this case.
This Sept. 4, 1964.
/s/ HAROLD R. BANKE
Judge Superior Courts
Clayton Judicial Circuit
CITATION IN THE SUPERIOR COURT
OF CLAYTON COUNTY, GEORGIA
Docket No. 7772
In Rem
STATE HIGHWAY DEPARTMENT OF
GEORGIA
VS.
2.700 acres of land; and Access rights in
the lands abutting; and A. P. Whitehead;
and Edwin Q. Repess 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, 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 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 ch Sept. 4. 1964.
That, in accordance with the provi
sions of Section 3 of the aforesaid Act
of the General Assembly, a Dclaration
of Taking, duly authorizd 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 lanss for State-aid public
road purposes, thereby vesting the title
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
$7,000.00 as the just compensation for
the said lands described; and al) 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-Condemnor
has prayed the Court for immediate pos
session 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 Sept. 4, 1964, to show cause before
such Judge at Clayton County Court
house on the 29 day ‘of September, 1964,
at 10:30 o’clock a.m., why such pray
ers for immediate possession should not
be granted;
The said property, as thus affected, is
described as follows:
Project No. I 75-2 (25) Clayton
County
SANDWICH
h \ OR PLATE
TRADE MARK REGISTERED
Parcel No. 49-B
Property Owner—A. P. Whitehead and
E. Q. Respess
Acres—2.7oo
All that tract or parcel of land lying
and being in Land Lot 85 of the 13th
Land District of Clayton County, Georgia
being more particularly described as foL
lows:
BEGINNING at the intersection of a
property line between the lands of the
Condemnees and lands now or formerly
owned by Mrs. Bessie Tassel with the
existing southwest right of way line of
U. S. Highway 41 (South Expressway);
running thence westerly along said
property line to the intersection of a
line which is one hundred fifty <lsoi
feet southwest of and parallel to the
survey center line of Georgia Highway
Project I 75-2 (25) at a point opposite
Station 103-56.2 on said survey center
line; thence northwesterly along said
parallel line to a property line between
the lands of the Condemnees and lands
now or formerly owned by E. Q. Respess
at a point opposite Station 113-08.9 on
said survey center line; thence easterly
along said latter property line to said
existing right of way line; thence south
easterly along said existing 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 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 by the
STATE HIGHWAY DEPARTMENT OF
GEORGIA as shown on the plat dated
the 22nd day of August, 1963; Revised:
June 2, 1964, and attached to Appendix
•‘A” to Exhibit “A” as Annex 3-A.
This Sept. 4. 1964.
/s/ JOE B. MUNDY
Clerk Superior Court
Clayton County
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
5.590 acres of land; and Edwin Q. Res
pess individually.
Docket No. 7771
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
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, ft is Considered, Ordered and
Adjudged:
•11 That the property described in the
petition of the plaintiff and in the
Declaration of Taking filed concurrently
therewith being shown to be within the
bounds of the required right of way of
Georgia Highway Project 1 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
Declaration, under authority of said Act,
and the State Highway Department of
Georgia and its successors are hereby
vested with full, complete, and unencum
bered title to such property and/or rights
for the purposes described in said pe
tition and Declaration; but nothing here
in contained is to be construed as de
priving 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
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 the amount of
estimated compensation, as so deposited,
or of the right to petition the court to
vacate and set aside said Declaration and
this Judgement: but this judgement shall
be construed only as vesting title and
the right of possession in the Plaintiff-
Condemnor. as contemplated by the
aforesaid Act. as amended;
<2i 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 Declaration
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 peti
tioner”, let the person in possession of
such property, as well as the named
cohd^mnees, 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 10:00
o'clock A. M. on the 29th day of Sept.,
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 Tak
ing;
(3) It is further ordered and directed
that the petition, together with said
Declaration of Taking, be served in ac
cordance 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
Registered mail, with return card re
quested, 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 laboring under legal disabili
ties, who may be shown by the allega
tions of the petition to be a non-resident
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 pe
tition to be not represented by a guard
ian or other personal 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 authori
ties 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 furth
er ordered that such additional service
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 citation
to be issued and published in the offi
cial newspaper of said County, entitled
in this cause, describing the property
condemned in this proceeding, reciting
also the filing of the Declaration of Tak
ing be condemnor, 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
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 citations be published in such
newspaper for two consecutive weeks,
beginning with the issue of Sept. 15, 1964.
Let this Order be filed as a part of
the record in this case.
This 4th day of Sept., 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.
5.590 acres of land; and Edwin Q.
Respess. Individually.
Docket No. 7771
In Rem
The said named persons and ahy and
HARBIN'S DRIVE-IN RESTAURANT
Old Highway 41 at Farmer's Market Phone 366-6549
Restaurant Includes Dining Rooms for Civic Clubs and Private Parties! Room for More Than 100 Cars in Drive-In
all other persons known and unknown (1
claiming any right, title, power, interest,
ownership, equity, claim or demand in
and to the lands hereinafter described, j
and all occupants, tenants, lessees, (
licensees and all holders, owners and ।
user’s of ways and easements in, across, j
over and under said land are hereby noti- ■
fied, under the provisions of Georgia
Laws 1961, pages 517, et seq.. as amended,
providing for the exercise or 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- ।
erty hereinafter described, was filed in
said court on thtf 4th day of Sept., 1964;
That, in accordance with the provis
ions of Section 3 of the aforesaid Act <
of the General Assembly, a Declaration i
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 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 ,
$40,000.00 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 claim 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 forth, are required by the Order of
the Judge of said Court, made and filed
in said case on the 4th day of Septem
ber, 1964. to show cause before such
Judge at Clayton County Court House on
the 29th day of September, 1964, at
10:00 o'clok A. M. why such prayers for
immediate possession should not be
granted;
The said property, as thus affected,
is described as follows:
Project No. I 75-2 (25) Clayton County
Parcel No. 33
Property Owner—Edwin Q. Respess
Acres —5.590
All that tract or parcel of land lying
and being in Land Lot 109 of the 13th
Land District of Clayton County. Georgia,
more particularly described as follows:
BEGINNING at the intersection of a
property line between the lands now or
formerly owned by Heart of Atlanta
Motel, Inc. and the lands of the Con
demnee with the existing southwest right
of way line of U. S. Highway 41 at a
point which is twenty-six (26) feet south
west of and opposite Station 44x60.9 on
the survey center line of Georgia High
way Project I 75-2 (25>; running thence
westerly along said property line to the
intersection of a straight line which is
established by a point eighty-five (85)
feet southwest of and opposite Station
39-00 on the survey center line of Front
age Road No. 3 of said project and a
point sixty-five (65) feet southwest of
and opposite Station 40-00 on said latter
survey center line; thence northwesterly
along said established straight line to
said latter point; thence northwesterly
along a line which is sixty-five (65) feet
southwesterly of and parallel to said lat
ter survey center line to a property line
between the lands of the Condemnee and
lands now or formerly owned by A. V.
Edmonson at a point opposite Station
40-78 on said latter survey center line;
thence northeasterly along said latter
property line to said existing right of
way line: thence southeasterly along said
existing right of way line back to the
point of beginning.
ALSO all that tract or parcel of land
BEGINNING at the intersection of a
property line bteween the lands of the
Condemnee and lands now or formerly
owned by Georgia Power Company with
the existing southwest right of way line
of U. S. Highway 41 at a point opposite
Station 59-69 on the survey center line
of Georgia Highway Project I 75-2 (25);
running thence southeasterly along said
existing right of way line to the inter
section of a property line between the
lands of the Condemnee and lands now
or formerly owned by A. V. Edmonson
at a point opposite Station 52-20 on
said survey center line; thence south
westerly along said latter property line
to the intersection of a line which is
eighty (801 feet southwest of and parallel
to the survey center line of Frontage Road
No. 3 of said project; thence northwest
erly along said parallel line to a point
opposite Station 46-45.5 and said latter
survey center line; thence northwesterly
along a straight line to a point which is
ninety-five <95) feet southwest of and
opposite Station 48-05.5 and said latter
survey center line; thence northwesterly
along a line which is ninety-five (95) feet
southwest of and parallel to said latter
survey center line to a point opposite
Station 49-00 on said latter survey center
line; thence northwesterly along a
straight line to a point which is sixty
five (65) feet southwest of and opposite
Station 51-51.25 on said latter survey
center line; thence northwesterly along
a line which is sixty-five (65) feet south
westerly of and parallel to said latter
survey center line to the first mentioned
property line; thence northeasterly along
said first mentioned property 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 point as designated by the
STATE HIGHWAY DEPARTMENT OF
GEORGIA as shown on the plat dated the
22nd day of August. 1963; Revised: June
2, 1964 and attached to Appendix “A”
to Exhibit “A” as Annex 2-A.
This 4th day of Sept., 1964.
/s/ JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
GEORGIA
CLAYTON COUNTY
TO THE SUPERIOR COURT OF
CLAYTON COUNTY
The petition of W. D. Sellers, Jr., Wil
liam N. Viar, and James A. Lane, here
inafter called petitioners, respectfully
shows:
1.
Petitioners desire for themselves, their
associates and successors to be incorpo
rated under the name of APPLE HILLS,
INC.
2.
The object of said corporation is pe
cuniary gain and profit.
3.
The general nature of the business or
businesses to be transacted is as follows:
The purchase of land, sale of land, and
the improvements thereon, to act as a
principal or agent, licensor or licensee,
in the borrowing or lending of money,
including all the business incident there
to; the construction, erection, preparing
and remodeling of businesses and struc
tures of all types; the use of agents, con
tractors, auditors, attorneys, and other
persons incidental to the operation of
said corporation and its business; the
erection of structures of all types, in
cluding residences, apartments, stores,
warehouses, shopping centers, and office
businesses, for itself and others; the per
forming of all kinds of public work and
services, including grading, paving of
roads, sidewalks, highways, laying of
water mains, sewers, installation of gas
and electricity, and any and all other
matters incident to or appurtenant to the
carrying out of the mission of said cor
poration.
4.
Petitioners further desire that said
corporation be vested with all the rights
and powers now or hereafter given to
do any and all things which may be
needful or proper in the operation of
the above described business and that
said corporation have all of the powers
enumerated in Sections 22-1827 and 22-
1828, Georgia Code Annotated, and such
powers as may hereafter be given by law.
5.
The maximum number of shares of
stock with par value shall be 1000 shares
at SIOO.OO per share. The original issue
of stock shall be 60 shares. The corpora
tion shall be authorized to issue addi
tional shares up to the maximum sum
above stated, and thereafter, from time
to time, but within the limitations set
forth in Section 22-1854, Georgia Code
Annotated, to reduce the amount of capi
tal outstanding. The corporation shall
begin business with a capital of not less
than $200.00.
6.
The time for which the corporation is
to have existence is 35 years, with the
privilege of renewal of the charter, from
time to time, upon the expiration of said
periods of thirty-five (35) rears.
7.
The County in which the principal of
fice of the corporation is to be located is
Clayton County. Georgia, but the privi
lege is desired of establishing branch of
fices and places of business both within
and without the State of Georgia.
8.
The name and Post Office address of
each of the applicants for charter are
as follows:
W. D. Sellers. Jr., Birmingham, Ala
bama.
William N. Viar, Birmingham, Ala
bama.
James A. Lane, Huntsville, Alabama.
9.
Petitioners further desire that by-laws
of the corporation shall be adopted by
the common stockholders, and such by
laws shall provide for the officers of the
corporation, the manner of their selec
tion, and such other rules appropriate to
by-laws which have as their purpose the
control and management of the corpora
tion, including provisions whereby the
by-laws may be amended.
10.
Your petitioners herewith exhibit a
certificate of the Secretary of the State
of Georgia as required by Section 22-
1803. Georgia Code Annotated.
11.
WHEREFORE, petitioners pray to be
incorporated under the name and style
aforesaid with all the rights, powers,
privileges, and immunities herein set
forth, and such additional rights, powders,
and privileges as may be necessary, pro
per or incident to the conduct of the
business aforesaid, and as may be in
herent m or allowed to like corporations
under the laws of the State of Georgia
as they now- exist or may hereafter exist.
FRANK E. COGGIN
Attorney for Applicants
ORDER
IN CLAYTON SUPERIOR COURT
The foregoing petition of W. D. Sel
lers. Jr.. William N. Viar, and James A.
Lane having been duly presented, and
the same having been fully examined by
the Court, and it appearing that all the
requirements of law having been fully
complied with, and that said petition is
within the intention and purview of the
law; and it further appearing from a
certificate of the Secretary of State that
(he name of the proposed corporation is
not the name of any other corporation
registered in the records of his office:
1T IS THEREUPON CONSIDERED,
ORDERED AND ADJUDGED that the
prayers of said petitioners be and the
same are hereby granted; and petitioners,
their associates, successors and assigns,
are hereby incorporated and made a body
politic under the name and style of
APPLE HILLS. INC. for and during the
period of 35 years, with the privilege of
renewal at the expiration of that time,
and with all the rights, powers and privi
leges prayed for, together with such ad
ditional rights, powers and privileges and
immunities as are provided by the laws
of Georgia as they now exist or may
hereafter exist, exercised and permitted
to similar corporations.
This the 11 day of September. 1964.
HAROLD R. BANKE
Judge, Superior Court
Clayton Judicial Circuit
GEORGIA
CLAYTON COUNTY
TO THE SUPERIOR COURT OF
CLAYTON COUNTY
The petition of W. D. Sellers, Jr., Wil
liam N. Viar. and James A. Lane, here
inafter called petitioners, respectfully
shows:
1.
Petitioners desire for themselves, their
associates and successors to be incorpo
rated under the name of APPLE HILLS
DEVELOPMENT. INC.
2.
The object of said corporation is pe
cuniary gain and profit.
3.
The general nature of the business or
businesses to be transacted is as follow’s:
The purchase of land, sale of land, and
the improvements thereon, to act as a
principal or agent, licensor or licensee,
in the borrowing or lending of money,
including all the business incident there
to; the construction, erection, preparing
and remodeling of businesses and struc
tures of all types; the use of agents, con
tractors, auditors, attorneys, and other
persons incidental to the operation of
said corporation and its business; the
erection of structures of all types, in
cluding residences, apartments, stores,
warehouses, shopping centers, and office
businesses, for itself and others; the per
forming of all kinds of public work and
services, including grading, paving of
roads, sidewalks, highways, laying of
water mains, sewers, installation of gas
and electricity, and any and all other
matters incident to or appurtenant to the
carrying out of the mission of said cor
poration.
4.
Petitioners further desire that said
corporation be vested with all the rights
and powers now or hereafter given to do
any and all things which may be needful
or proper in the operation of the above
described business and that said corpo
ration have all the powers enumerated
in Sections 22-1827 and 22-1828, Georgia
Code Annotated, and such powers as
may hereafter be given by law.
5.
The maximum number of shares of
stock with par value shall be 250 shares
at SIOO.OO per share. The original issue
of stock shall be 10 shares. The corpora
tion shall be authorized to issue addi
tional shares up to the maximum sum
above stated, and thereafter, from time
to time, but within the limitations set
forth in Section 22-1854, Georgia Code
Annotated, to reduce the amount of capi
tal outstanding. The corporation shall
begin business with a capital of not less
than $200.00.
6.
The time for which the corporation is
to have existence is 35 years, with the
privilege of renewal of the charter, from
time to time, upon the expiration of said
periods of thirty-five (35) years.
7.
The County in which the principal of
fice of the corporation is to be located
is Clayton County, Georgia, but the
privilege is desired of establishing branch
offices and places of business both within
and without the state of Georgia.
8.
The name and Post Office addresses of
each of the applicants for charter are
as follows:
W. D. Sellers, Jr., Birmingham, Ala
bama.
William N. Viar, Birmingham, Ala
bama.
James A. Lane, Huntsville, Alabama.
9.
Petitioners further desire that by-laws
of the corporation shall be adopted by
the common stockholders, and such by
laws shall provide for the officers of the
corporation, the manner of their selec
tion, and other rules appropriate to by
laws which have as their purpose the
control and management of the corpora
tion, including provisions whereby the
by-laws may be amended.
10.
Your petitioners herewith exhibit a
certificate of the Secretary of the State
of Georgia as required by Section 22-1803,
Georgia Code Annotated.
11.
WHEREFORE, petitioners pray to be
incorporated under the name and style
aforesaid with all the rights, powers,
privileges, and immunities herein set
forth, and such additional rights, powers,
and privileges as may be necessary, pro
per or incident to the conduct of the
business aforesaid, and as may be in
herent in or allowed to like corporations
under the laws of the State of Georgia
as they now exist or may hereafter exist.
FRANK E. COGGIN
Attorney for Applicants
ORDER
IN CLAYTON SUPERIOR COURT
The foregoing petition of W. D. Sel
lers, Jr., William N. Viar, and James A.
Lane having been duly presented, and
the same having been fully examined by
the Court, and it appearing that all the
requirements of law having been fully
complied with, and that said petition is
within the intention and purview of the
law; and it further appearing from a
certificate of the Secretary of State that
the name of the proposed corporation is
not the name of any other corporation
registered in the records of his office:
IT IS THEREUPON CONSIDERED.
ORDERED AND ADJUDGED that the
prayers of said petition be and the same
are hereby granted; and petitioners, their
associates, successors and assigns, are
hereby incorporated and made a body
politic under the name and style of
APPLE HILLS DEVELOPMENT, INC. for
and during the period of 35 years, with
the privilege of renewal at the expira
tion of that time, and with all th6 rights,
powers and privileges prayed for, to
gether with such additional rights, pow
ers, privileges and immunities as they
now exist or may hereafter exist, exer
cised and permitted to similar corpora
tions.
This the 11 day of September, 1964.
HAROLD B. BANKE it
Judge, Superior Court
Clayton Judicial Circuit
GEORGIA
CLAYTON COUNTY
TO THE SUPERIOR COURT OF
CLAYTON COUNTY:
The petition of John C. Lewis, Jr.,
Betty Louise Lewis, and J. S. Mackin,
hereinafter called petitioners, respect
fully shows:
1.
Petitioners desire for themselves, their
associates and successors to be incorpo
rated under the name of LEWIS DE
VELOPMENT, INC.
2.
The object of said corporation is pe
cuniary gain and profit.
3.
The general nature of the business or
businesses to be transacted is as follows:
The purchase of land, sale of land, and
the improvements thereon, to act as a
principal or agent, licensor or licensee,
in the borrowing or lending of money,
including all the business incident there
to: the construction, erection, preparing
and remodeling of businesses and struc
tures of all types; the use of agents, con
tractors, auditors, attorneys, and other
persons incidental to the operation of
said corporation and its business; the
erection of structures of all types, in
cluding residences, apartments, stores,
warehouses, shopping centers, and office
businesses, for itself and others; the per
forming of all kinds of public work and
services, including grading, paving of
roads, sidewalks, highways, laying of
water mains, sewers, installation of gas
and electricity, and any and all other
matters incident to or appurtenant to the
carrying out of the mission of said corpo
ration.
4.
Petitioners further desire that said
corporation be vested with all the rights
anu powers now or hereafter given to do
any and all things which may be needful
or proper in the operation of the above
described business and that said corpo
ration have all of the powers enumerated
in Sections 22-1827 and 22-1828, Georgia
Code Annotated, and such powers as may
hereafter be given by law.
5.
The maximum number of shares of
stock with par value shall be 250 shares
at SIOO.OO per share. The original issue
of stock shall be 10 shares. The corpora
tion shall be authorized to issue addi
tional shares up to the maximum sum
above stated, and thereafter, from time
to time, but within the limitations set
forth in Section 22-1854, Georgia Code
Annotated, to reduce the amount of
capital outstanding. The corporation shall
begin business with a capital of not less
than $200.00.
6.
The time for which the corporation is
to have existence is 35 years, with the
prix ilege of renewal of the charter, from
time to time, upon the expiration of said
periods of thirty-five (35) years.
7.
The County in which the principal of
fice of the corporation is to be located
is Clayton County. Georgia, but the
pi ivilege is desired of establishing branch
offices and places of business both within
and without the State of Georgia.
8.
The name and Post Office address of
each of the applicants for charter are as
follows:
John C. Lewis, Jr., Birmingham, Ala
bama.
Betty Louise Lewis, Birmingham, Ala.
bama.
J. S. Mackin, Birmingham, Alabama.
9.
Petitioners further desire that by-laws
of the corporation shall be adopted by
the common stockholders, and such by
laws shall provide for the officers of the
corporation, the manner of their selec
tion, and such other rules appropriate to
b\ -laws which have as their purpose the
control and management of the corpora
tion, including provisions whereby the
by-laws may be amended.
10.
Your petitioners herewith exhibit a
certificate of the Secretary of the State
of Georgia as required by Section 22-1803,
Georgia Code Annotated.
11.
WHEREFORE, petitioners pray to be
incorporated under the name and style
aforesaid with all the rights, powers,
privileges, and immunities herein set
forth, and such additional rights, powers
and privileges as may be necessary, prop
er or incident to the conduct of the busi
ness aforesaid, and as may be inherent
in or allowed to like corporations under
the laws of the State of Georgia as they
now exist or may hereafter exist.
FRANK E. COGGIN
Attorney for Applicants
ORDER
IN CLAYTON SUPERIOR COURT
The foregoing petition of John C.
Lewis, Jr., Betty Louise Lewis and J. S.
Mackin having been duly presented, and
the same having been fully examined by
the Court, and it appearing that all re
quirements of law having fully complied
xvith, and that said petition is within the
intention and purview of the law; and it
further appearing from a certificate of
the Secretary of State that the name of
the proposed corporation is not the name
of any other corporation registered in
the records of his office:
IT IS THEREUPON CONSIDERED,
ORDERED AND ADJUDGED that the
prayers of said petition be and the same
are hereby granted; and petitioners, their
successors, associates and assigns, are
hereby incorporated and made a body
politic under the name and style of
LEWIS DEVELOPMENT. INC, for and
during the period of 35 years, with the
privilege of renewal at the expiration of
that time, and with all the rights, powers,
privileges prayed for, together with such
additional rights, powers, privileges and
immunities as are provided by the laws
of Georgia as they now exist or may
hereafter exist, exercised and permitted
to similar corporations.
This the 11 th day of September, 1964.
HAROLD R. BANKE
Judge, Superior Court
Clayton Judicial Circuit
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
5.590 acres of land; and
Edwin Q. Respess
individually.
Docket No. 7771
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
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 way of
Georgia Highway Project 1-75-2 < 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 Geor
gia and its successors are hereby vested
with full, complete, and unencumbered
title to such property and/or rights for
the purposes described in said petition
and Declaration; but nothing herein con
tained is to be construed as depriving
(he named defendant, or any person hav
ing an interest in, title to , or claim
against said property of the right to
appeal the estimated amount of just com
pensation 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 the 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
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 di
rected to show cause before me at 10:00
o’clock A.M. on the 23rd day of October,
19f?4. at Clayton County Courthouse why
the possession as said propertv 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> It is further ordered and directed
that the petition, together with said Dec
laration of Taking, be served in accord
ance with the provisions of the afore
said 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 non-resident 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;
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:
<s> It is further ordered that a copy of
this petition and of said Declaration be
served uoon the tax collecting authorities j
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
service be made as may be called for
by the allegations of the petition, to
gether 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 citation to be issued and
published in the official newspaper of
said County, entitled in this cause, de
scribing the property condemned in this
proceeding, reciting also the filing of the
Declaration of Taking by condemnor,
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 claiming any title
to or interest 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 September 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
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
5.590 acres of land; and
Edwin Q. Respess
Individually.
Docket No. 7771
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,
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. 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
erty hereinafter described, was filed in
said court on the 17th day of Septem
ber, 1964:
That, in accordance with the provi
sions of Section 3 of the aforesaid Act
of the General Assembly, a Declaration
of Taking, duly authoizerd and properly
executed as provided by said statute, as
amended, has been made and filed in
said case, declaring the necessity tor 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
‘ $40,000.00 as the just compensation for the
said lands described; and all persons
■ claiming such fund or any interest there
i in, are hereby required to make known
their claims to the Court:
> Tn accordance with Section 3 of said
' Act, as amended, the Plaintiff-Con
f 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 Septem
• ber, 1964. to show cause before such
. Judge at Clayton Counts Courthouse on
• the 23rd day of October, 1964, at 11:30
1 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 17th day of September, 1964.
/s/ JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
PAGE 19-A
Project No. 1 75-2 <25 • Clayton County
Parcel No. Property Owner Acres
33 Edwin Q. Respess 5.590
All that tract or parcel of land lying
and being in Land Lot 109 of the 13th
Land District of Clayton County, Geor
gia, more particulalry described as fol
lows:
BEGINNING at the intersection of a
property line between the lands now or
formerly owned by Heart of Atlanta
Motel, Inc. and the lands of the Con
-1 demnee with the existing southwest right
1 of way line of U.S. Highway 41 at a
1 point which is twenty-six <26j feet south
west of and opposite Station 44 plus 60.9
on the survey center line of Georgia
। Highway Project I 75-2 (25); running
thence westerly along said property line
to the intersection of a straight line
which is established by a point eighty
five 185) feet southwest of and opposite
• Station 39 plus 00 on the survey center
line of Frontage Road No. 3 of said proj
ect and a point sixty-five <6s> feet south
west of and opposite Station 40 plus 00
on said latter survey center line; thence
> northwesterly along said established
• straight line to said latter point; thence
northwesterly along a line which is sixty
i five <651 feet southwesterly of and
parallel to said latter survey center line
to a property line between the lands of
• the Condemnee and lands now or for-
I merly owned by A. V. Edmonson at a
I point opposite Station 40 plus 78 on said
latter survey center line; thence north
i easterly along said latter property line
■ to said existing right of way line; thence
I southeasterly along said existing right of
way line back to the point of beginning.
ALSO all that tract or parcel of land
• BEGINNING al the intersection of a
■ property line between the lands of the
■ Condemnee and lands now or formerly
owned by Georgia Power Company with
the existing southwest right of way line
' of U.S. Highway 41 at a point opposite
, Station 59 plus 69 on the survey center
• line of Georgia Highway Project I 75-2
I (25>; running thence southeasterly along
I said existing right of way line to the
I intersection of a property line between
■ the lands of the Condemnee and lands
• now or formerly owned by A. V. Ed
monson at a point opposite Station 52
: plus 20 on said survey center line; thence
• southwesterly along said latter property
I line to the intersection of a line which
; is eighty (801 feet southwest of and
t parallel to the survey center line of
• Frontage Road No. 3 of said project;
’ thence northwesterly along said parallel
line to a point opposite Station 46 plus
I 45.5 on said latter survey center line;
i thence northwesterly along a straight
• line to a point which is ninety-five <95)
• feet southwest of and opposite Station
i 48 plus 05.5 on said latter survey center
I line; thence northwesterly along a line
E which is ninety-five (95i feet southwest
, of and parallel to said latter survey cen-
Iter line to a point opposite Station 49
plus 00 on said latter survey center line;
thence northwesterly along a straight
Free Press—News & Farmer, Tues., Sept. 29, 1964 *
line to a point which is sixty-five (65).
feet southwest of and opposite Station
51 plus 51.25 on said latter survey center
line; thence northwesterly along a line
which is sixty-five < 651 feet southwest
erly of and parallel to said latter survey
center line to the first mentioned prop
erty line; thence northeasterly along
said first mentioned property 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 ap
proaches thereto on the above numbered
Highway and ail of the remaining real
property of the Condemnee except at
such points as designated by the STATE
HIGHWAY DEPARTMENT OF GEOR
GIA as shown on the plat dated the 22nd
day ot August. 1963; Revised: June 2,
1964. and attached to Appendix “A” to
Exhibit "A” as Annex 2-A.
9-29
IN THE SUPERIOR COURT OF
CLAYTON COUNTY
GEORGIA
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
0.009 acres of land: and
access rights in the lands abutting;
and James Red
individually.
Docket No. 7819
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
and deposit into court of the sum of
money estimated as just compensation
lor 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 way 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 Geor
gia and its successors are hereby vested
with full, complete, and unencumbered
title to such property and/or rights for
the purposes described in said petition
and Declaration; but nothing herein con
tained 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 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 the 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
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 di
rected to show cause before me at 11:30
o'clock A.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 Dec
laration of Taking:
(31 It 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;
<4l 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:
<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.
(61 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
service be made as may be called for
by the allegations of the petition, to
gether 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 citation to be issued and
published in the official newspaper of
said County, entitled in this cause, de
scribing the property condemned in this
proceeding, reciting also the filing of the
Declaration of Taking by condemnor,
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 claiming any title
lo or interest 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
STATE HIGHWAY DEPARTMENT
OF GEORGIA
VS.
8.009 acres of land; and
access rights in the lands abetting;
and James Red
Individually.
Docket No. 7819
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,
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, pages 517, et seq.. as amended, pro
viding for the exercise of the 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 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
I 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
SIOO.OO as the just compensation for the
said lands described; and all persons
claiming such fund or anv 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
mediate possession of said property, and
all persons having any interest in or
claim against such propertv. 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 Septem
ber. 1964, to show cause before such
Judge at Clayton County Court House
on the 23rd day of October. 1964. at 11:30
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 17th day of September, 1964.
/s/ JOE B. MUNDY
CLERK SUPERIOR COURT
CLAYTON COUNTY
PAGE 19-A
Project No. I 75-2 <2s> Clayton County
Parcel No. Property Owner Acres
15-D James Red 0.009
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
nroperty line between the lands of the
Condemnee and lands now or formeriv
owned by Tom Parish with a line which
is one hundred fifty (150) feet north
east of and parallel to the survey center
line of Georgia Highway Project I 75-2
1 25) at a point opposite Station 336 plus
09 on said survey center line; running
(hence northeasterly along said property
• ine to a point which is one hundred
fifty-eight (158 i feet northeasterly of
md opposite Station 336 plus 08 on’ said
survey center line; thence southeasterly
ilong a straight line to the intersection
of the property line between the lands
of the Condemnee and lands now or for
nerly owned by Mrs. Mamie Netherland
at a point which is one hundred fifty
three 1153» feet northeasterly of and op
oosite Station 336 plus 34.5 on said sur
vey center line; thence southwesterly
along said latter property line to the in
tersection of said parallel line at a point
opposite Station 336 plus 35 on said sur
vey center line; thence northwesterly
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 rights of access between
•he 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 designted by the
^TATE HIGHWAY DEPARTMENT OF
GEORGIA as shown on the plat dated
he 22nd day of August. 1963; Revised:
May 18, 1964. and attached to Appendix
A” to Exhibit “A” as Annex 3-A.
9-29
GEORGIA
CLAYTON COUNTY
TO THE SUPERIOR COURT OF CLAY
TON COUNTY:
The Petition of ALFRED A. RICE,
TAMES L. THOMASON and VIRGINIA
F. HOPE, hereinafter called Petitioners,
respectfully shows:
1.
Petitioners desire for themselves, their
associates and successors to be incorpo
rated under the name and stvle of
THE RUNWAY CLUB. INC.
2.
The purpose and object of said corpo
ration is both pecuniary gain and social.
3.
‘ 'The general nature of the business or
businesses to be transacted, is as follows:
To operate and conduct a private
club for the use, enjoyment and bene
fit of its members; To engage in the
prenaration, sale and dispensing, to
such members and their guests, of
foods and beverages of all kinds and
types: And to provide such members
recreation, entertainment and facilities
for such social activities as dancing,
dinners and other kindred forms of
entertainment:
with all the usual and necessary services
c nr itself and others in the aforesaid
Susine'ses and all other businesses re
lated thereto.
4.
Petitioners further desire that said
?orooration be vested with all of the
rights and powers now or hereafter given
»o do any and all things which may be
needful, reasonable or oroper in the op
n’ation of the above described business
nr businesses: and that said corporation
have all of the powers and enjov all of
‘he nrivileges enumerated in Sections
22-1827 and 22-1828 of the Georgia Code.
Annotated, and all of the other cowers
and privileges enumerated in Chapter
’2-18 and Chapter 109 A-8 of the said
Code and such powers as may hereafter
be given by law.
5.
The maximum number of shares of
-tock shall be Five hundred (500). all
nf which shall be common stock and all
of which shall be without par value.
6.
The minimum capital with which the
•'nrooration shall commence to do busi
hpss <=hall be Five hundred Dollars
($500.00).
7.
The time for which the oorooration
-hall have existence is thirty-five (35)
v#>ars. with the right of renewal as pro
vided by law.
8.
The principal office of the corporation
hall be In’cated in Clavton County. Geor
•da. but the nrivilege is desired of estab
’ishinff branch offices and places of busi
ness elsewhere, both within and without
•he State of Georgia.
9.
The name and post office address of
°ach of the applicants for the Charter
is as follows:
ALFRED A. RICE. 427 King Arnold
Street. Hapeville. Georgia
JAMES L. THOMASON. 427 King
Arnold street, HaoeviHe, Georgia
VIRGINIA F. HOPE, 139 Cherokee
Trail, Conley, Georeia
10.
The name of the corporation is not the
name of any other existing corporation
’egistered in the records of the Secre
tary of state of Georgia as evidenced by
•He Certificate from the said Secretary
nf Stat# 3 dated within the ureceding
ninetv (9<)i davs and attached hereto.
WHEREFORE, your Petitioners pray to
he incorporated under the name and
^tvle aforesaid with all the rights,
nnwers. nrivileges and immunities herein
■et forth, and such additional rights,
powers, and privileges as may be neces
sarv, proper or incident to the conduct
of business aforesaid and as may be in
herent in. or allowed to. like corpora-
Hqns under the laws of the State of
Georgia as they now, or may hereafter,
exist.
THOMASON & RICE
Bv Alfred A. Rice
Attorneys for Petitioners
427 King Arnold Street
Haoevillp Georgia
POplar 7-7468
GEORGIA
CLAYTON COUNTY
ORDER
The foregoing Petition of ALFRED A.
RICE. JAMES L THOMASON and VIR
GINIA F. HOPE, to be incorporated
mder the name of THE RUNWAY CLUB,
r NC., having been duly presented to me,
read and considered, and it appearing
’hat said Petition is within the purview
md intention of the laws of this State
applicable thereto, and it further ap
pearing that all of said laws have been
fullv comolied with: IT IS THEREFORE
CONSIDERED, ORDERED AND AD
TUDGED that all of the prayers of said
Petition be. and the same hereby are.
granted, and the Petitioners, their asso
ciates, successors and assigns are hereby
incorporated and made a body politic
under the name and style of:
THE RUNWAY CLUB, INC.
for and during the period of thirty-five
(35• years with the privilege of renewal
at the expiration of that time, and with
all the rights, powers, privileges and
immunities mentioned in said Petition
and with such additional rights, powers,
privileges and immunities as are pro
vided by the laws of the State of Geor
gia as they now. or may hereafter, exist.
This 15 day of September. 1964.
HAROLD R. BANKE
JUDGE. SUPERIOR COURT OF
CLAYTON COUNTY
10-13
U. S. Choice
Steaks
13