8B
CLASSIFIED ADVERTISING 770-535-1199 www.gainesvilletimes.com The Times, Gainesville, Georgia Thursday, December 6,2018
construction centerline
laid out for C/L Spout
Springs Road; thence N
44°18'23.2" E a distance
of 24.43 feet back to the
point of beginning.
Containing 0.092 acres
more or less. (4,028.87
sf)
Exhibit B
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 198
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE: Sheet
No. 87, May 09, 2018
Sheet No. 90,
July 19, 2017
Page 2 of 3
PERMANENT
EASEMENT FOR THE
CONSTRUCTION AND
MAINTENANCE OF
SLOPES AND UTILITIES
TRACT 1
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
65.00 feet left of and
opposite Station
471+50.61 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence S
33°24'16.7" E a distance
of 100.61 feet to a
point 65.00 feet left of
and opposite station
470+50.00 on said
construction centerline
laid out for Spout
Springs Road; thence
S 17°16'31.0" W a
distance of 38.78 feet
to a point 95.00 feet
left of and opposite
station 470+25.43
on said construction
centerline laid out for
Spout Springs Road;
thence N 33°24'16.7"W
a distance of 118.65 feet
to a point 95.00 feet left
of and opposite station
471+44.07 on said
construction centerline
laid out for Spout
Springs Road; thence N
44°18'23.2" E a distance
of 30.70 feet back to the
point of beginning.
Containing 0.076 acres
more or less. (3,288.85
sf)
Exhibit C
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 198
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE:
Sheet No. 87, May 09,
2018
Sheet No. 90,
July 19, 2017
Page 3 of 3
PERMANENT
EASEMENT FOR THE
CONSTRUCTION AND
MAINTENANCE OF
SLOPES AND UTILITITES
TRACT 2
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
24.82 feet left of and
opposite Station
11+50.00 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence S
56°24'19.5"W a distance
of 69.16 feet to a
point 24.59 feet left of
and opposite station
10+80.84 on said
construction centerline
laid out for Castlegate
Drive/Forest Knoll Drive;
thence N 33°24'16.7"W
a distance of 15.41 feet
to a point 40.00 feet left
of and opposite station
10+80.84 on said
construction centerline
laid out for Castlegate
Drive/Forest Knoll Drive;
thence N 58°34'16.8" E
a distance of 84.20 feet
to a point 95.00 feet left
of and opposite station
470+25.43 on said
construction centerline
laid out for C/L Spout
Springs Road; thence S
17°16'31,0"W a distance
of 19.38 feet back to the
point of beginning.
Containing 0.025 acres
more or less. (1,071.24
sf)
76881 11/29, 12/6
IN THE SUPERIOR COURT
FOR THE COUNTY OF
HALL
STATE OF GEORGIA
HALL COUNTY,
GEORGIA
Petitioner
VS.
A CERTAIN PARCEL OF
LAND LYING
AND BEING IN 1270
GMD OF HALL
COUNTY, GEORGIA,
Being a portion of the
property owned by
H I M M E L E R
THEMISTOCLE AND
NERLANDES
THEMISTOCLE
designated as Hall
County, Georgia, Map
and
Parcel No. 15046G
000086, and being a
portion
Of PARCEL 161 as shown
on the Plans for
Department of
Transportation,
State of Georgia,
"Right of Way of
Proposed
Widening and
Reconstruction, Spout
Springs
Road (CR 1287),
Operational
Improvements
Between 1 -985
Southbound On/Off
Ramps,
And East of Union Circle,
Phase I" dated
April 17, 2015, with
latest revision date of
June 27, 2018. Said
plans are prepared
By
STV, Inc., and referenced
as JOB NO. 0009679,
PARCEL 161 consisting
oft h e fo 11 owi n g :
That certain RIGHT OF
WAY on property
owned by HIMMELER
THEMISTOCLE
AND
NERLANDES
THEMISTOCLE
shown on said Plans for
the purpose of
acquiring, constructing
and maintaining a
RIGHT OF WAY
along Spout Springs
Road
consisting of 0.067
acres, more or less; and
A PERMANENT
EASEMENT on
property
owned by HIMMELER
THEMISTOCLE
AND
NERLANDES
THEMISTOCLE
shown on said Plans for
the purpose of
acquiring, constructing
and maintaining
slopes
and utilities along
Spout Springs Road
consisting of 0.034
acres, more or less;
and
A TEMPORARY
EASEMENT on property
owned by HIMMELER
THEMISTOCLE
AND
NERLANDES
THEMISTOCLE shown
on said
Plans for the
purpose acquiring,
constructing
and maintaining slopes
and utilities along
Spout
Springs Road consisting
of 0.025 acres, more
or
less; and
DITECH FINANCIAL,
LLC, formerly doing
Business as Green Tree
Servicing
THE HONORABLE PATTY
WALTERS LAINE
Judge, Probate
court of Hall County,
Georgia
THE HONORABLE
DARLA EDEN,
Tax Commissioner of
Hall County, Georgia,
AND TO ANY AND ALL
PERSONS HAVING
OR CLAIMING
ANY RIGHT OR
INTEREST
IN AND TO SAID PARCEL
OF LAND.
Condemnees,
CIVIL ACTION
FILE NO.
NOTICE OF
PUBLICATION
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, licenses
and all holders, owners
and users of ways and
easements in, across,
over and under said
land are hereby notified
under the provisions
of the Official Code of
Georgia Annotated,
Sections 32-3-4 through
32-3-9, providing for the
exercise of the power of
eminent domain by the
State of Georgia, or any
of its subdivisions, or
by any County of such
State as follows:
That the above
stated case, being a
condemnation in rem
against the property
hereinafter described,
was filed in said Court
on October 25, 2018;
That in accordance with
the provisions of the
aforesaid Official Code,
a Declaration of Taking,
duly authorized and
properly executed as
provided by the Official
Code, has been made
and filed in said case,
declaring the necessity
for and exercising the
power of taking the
said described lands for
county road purposes,
thereby vesting title to
same in Hall County;
and in pursuance of
such authority Hall
County, Georgia has
deposited with the
Clerk of the Superior
Court of Hall County
$30,600.00 as the 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
the provisions of
the Official Code of
Georgia Annotated, the
Plaintiff-Condemnor
has prayed the Court for
immediate possession
of said property, and
all persons having any
interest in or claim
against such property,
as above set forth, are
required by the Order of
the Judge of said Court
to surrender possession
of the property to Hall
County, Georgia, no
later than 30 days from
filing of the Declaration
ofTaking.
That in accordance
with the Official Code
of Georgia Annotated,
Sections 32-3-13
through 32-3-19, if the
owner or any of the
owners, or any person
having a claim against or
interest in said property,
shall be dissatisfied
with the compensation,
as estimated in the
Declaration of Taking
and deposited in
Court, such person
or persons, or any of
them, shall have the
right, at anytime
subsequent to the
filing of the Declaration
and the deposit of the
fund into Court but
not later than 30 days
following the date of
service as provided for
in the Official Code of
Georgia Annotated,
Sections 32-3-8 through
32-3-10 to file with
the Court a notice of
appeal, the same to be
in writing and made a
part of the record in the
proceedings.
The said property,
as thus affected, is
described in Exhibits
"A", "B" and "C" which
are attached hereto and
made a part hereof.
This 21st day of
November, 2018.
William H. Blalock, Jr.
Attorney for
Condemnor
GABARNO. 061900
Prepared by:
William H. Blalock, Jr.
Stewart, Melvin & Frost,
LLP
P.O. Box 3280
Gainesville, GA 30503
770-536-0101
EXHIBIT "A"
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 161
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE: June
27, 2018
REQUIRED RIGHT OF
WAY
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
26.28 feet right of
and opposite Station
435+61.82 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence
northwesterly 115.51
feet along the arc of a
curve (said curve having
a radius of 2412.64 feet
and a chord distance of
115.50 feet on a bearing
of N 13°30'49.7" W) to
the point 32.71 feet
right of and opposite
station 436+78.43
on said construction
centerline laid out for
Spout Springs Road;
thence N 77°46'25.6"E a
distance of 22.33 feet to
a point 55.00 feet right
of and opposite station
436+77.14 on said
construction centerline
laid out for Spout
Springs Road; thence
southeasterly 114.40
feet along the arc of a
curve (said curve having
a radius of 2645.00 feet
and a chord distance of
114.39 feet on a bearing
of S 16°44'05.1"E) to the
point 55.00 feet right
of and opposite station
435+60.36 on said
construction centerline
laid out for Spout
Springs Road; thence S
74°55'17.4"W a distance
of 28.76 feet back to the
point of beginning.
Containing 0.067 acres
more or less. (2,939.59
sf)
EXHIBIT "B"
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 161
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE: June
27, 2018
PERMANENT EASEMENT
FOR CONSTRUCTIN
AND
MAINTENANCE OF
SLOPES AND UTILITIES
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
55.00
feet right of and
opposite Station
435+60.36 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence
northwesterly 114.40
feet along the arc of a
curve (said curve having
a radius of 2645.00 feet
and a chord distance of
114.39 feet on a bearing
of N 16°44'05.1" W) to
the point 55.00 feet
right of and opposite
station 436+77.14
on said construction
centerline laid out for
Spout Springs Road;
thence N 77°46'25.6"E a
distance of 10.02 feet to
a point 65.00 feet right
of and opposite station
436+76.55 on said
construction centerline
laid out for Spout
Springs Road; thence S
19°15'32.6" E a distance
of 114.15 feet to a
point 70.00 feet right
of and opposite station
435+59.58 on said
construction centerline
laid out for Spout
Springs Road; thence S
74°55'17.4"W a distance
of 15.02 feet back to the
point of beginning.
Containing 0.034 acres
more or less. (1,473.26
sf)
EXHIBIT "C"
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 161
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE: July
19,2017 Page 1
of 1
TEMPORARY
EASEMENT FOR THE
CONSTRUCTION
OF DRIVEWAY
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
68.25 feet right of
and opposite Station
436+15.00 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence
N 19°15'32.6" W a
distance of 60.12 feet
to a point 65.00 feet
right of and opposite
station 436+76.55
on said construction
centerline laid out for
Spout Springs Road;
thence N 77°46'25.6" E
a distance of 20.03 feet
to a point 85.00 feet
right of and opposite
station 436+75.37
on said construction
centerline laid out for
Spout Springs Road;
thence S 16°10'25.4"E a
distance of 58.47 feet to
a point 85.00 feet right
of and opposite station
436+15.00 on said
construction centerline
laid out for Spout
Springs Road; thence S
73°11'08.7"W a distance
of 16.75 feet back to the
point of beginning.
Containing 0.025
acres more or less.
(1.089.00sf)
76882 11/29, 12/6
INTHE SUPERIOR COURT
FOR THE COUNTY OF
HALL
STATE OF GEORGIA
HALL COUNTY,
GEORGIA
Petitioner
VS.
A CERTAIN PARCEL OF
LAND LYING
AND BEING IN 1270
GMD OF HALL
COUNTY, GEORGIA,
Being a portion of the
property owned by
MARISOL RAYGOZA
GARCIA and
JESUS RAMIREZ ROBLES
designated as
Hall County, Georgia,
Map and Parcel
No.
15046C 000026, and
being a portion of
PARCEL 141 as shown
on the plans for
Department of
Transportation,
State of Georgia,
"Right of Way of
Proposed
Widening
and
Reconstruction,
Spout
Springs
Road (CR
1287),
O p e r a t i
o n a I
Improvements
Between
1-985
Southbound
On/Off
Ramps,
And Union
Circle
Phase I" dated April 17,
2015,
with last revision July
19, 2017.
Said plans are prepared
By STV, Inc., and
referenced as JOB NO.
0009679 consisting
of
the following:
That certain RIGHT OF
WAY on property
owned by MARISOL
RAYGOZA GARCIA
and
JESUS RAMIREZ ROBLES
shown on said
Plans for the purpose
of acquiring,
constructing
and maintaining
a RIGHT OF WAY on
PARCEL 141 along
Spout Springs Road
consisting of 0.123
acres, more or less;
A PERMANENT
CONSTRUCTION
EASEMENT on property
owned by
MARISOL RAYGOZA
GARCIA and
JESUS RAMIREZ ROBLES
shown on said Plans for
the purpose of
construction and
maintenance of slopes
and
utilities, consisting of
0.028 acres, more or
less;
and
A TEMPORARY
EASEMENT FOR
CONSTRUCTION OF
DRIVEWAY
on property owned
by MARISOL
RAYGOZA
GARCIA and JESUS
RAMIREZ ROBLES
shown on said Plans
consisting of 0.018
acres, more or less; and
HOMESTAR FINANCIAL
CORP.
HONORABLE PATTY
WALTERS LAINE
Judge, Probate
Court of Hall County,
Georgia
HONORABLE DARLA
EDEN,
Tax Commissioner of
Hall County, Georgia,
AND TO ANY AND ALL
PERSONS HAVING
OR CLAIMING
ANY RIGHT OR
INTEREST
IN AND TO SAID PARCEL
OF LAND.
Condemnees,
CIVIL ACTION
FILE NO. 2018-CV-
2023-W
NOTICE OF
PUBLICATION
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, licenses
and all holders, owners
and users of ways and
easements in, across,
over and under said
land are hereby notified
under the provisions
of the Official Code of
Georgia Annotated,
Sections 32-3-4 through
32-3-9, providing for the
exercise of the power of
eminent domain by the
State of Georgia, or any
of its subdivisions, or
by any County of such
State as follows:
That the above
stated case, being a
condemnation in rem
against the property
hereinafter described,
was filed in said Court
on October 25, 2018;
That in accordance with
the provisions of the
aforesaid Official Code,
a Declaration ofTaking,
duly authorized and
properly executed as
provided by the Official
Code, has been made
and filed in said case,
declaring the necessity
for and exercising the
power of taking the
said described lands for
county road purposes,
thereby vesting title to
same in Hall County;
and in pursuance of
such authority Hall
County, Georgia has
deposited with the
Clerk of the Superior
Court of Hall County
$28,000.00 as the 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
the provisions of
the Official Code of
Georgia Annotated, the
Plaintiff-Condemnor
has prayed the Court for
immediate possession
of said property, and
all persons having any
interest in or claim
against such property,
as above set forth, are
required by the Order of
the Judge of said Court
to surrender possession
of the property to Hall
County, Georgia, no
later than 30 days from
filing of the Declaration
ofTaking.
That in accordance
with the Official Code
of Georgia Annotated,
Sections 32-3-13
through 32-3-19, if the
owner or any of the
owners, or any person
having a claim against or
interest in said property,
shall be dissatisfied
with the compensation,
as estimated in the
Declaration of Taking
and deposited in
Court, such person
or persons, or any of
them, shall have the
right, at anytime
subsequent to the
filing of the Declaration
and the deposit of the
fund into Court but
not later than 30 days
following the date of
service as provided for
in the Official Code of
Georgia Annotated,
Sections 32-3-8 through
32-3-10 to file with
the Court a notice of
appeal, the same to be
in writing and made a
part of the record in the
proceedings.
The said property,
as thus affected, is
described in Exhibits
"A", "B" and "C" which
are attached hereto and
made a part hereof.
This 21st day of
November, 2018.
William H. Blalock, Jr.
Attorney for
Condemnor
GABARNO. 061900
Prepared by:
William H. Blalock, Jr.
Stewart, Melvin & Frost,
LLP
P.O. Box 3280
Gainesville, GA 30503
770-536-0101
EXHIBIT "A"
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 141
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE: July
19, 2017
REQUIRED RIGHT OF
WAY
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
6.87 feet right of and
opposite Station
418+27.39 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence
N 25°45'11.2" W a
distance of 17.70 feet
to a point 6.66 feet
right of and opposite
station 418+45.09
on said construction
centerline laid out for
Spout Springs Road;
thence N 25°32'14.7"
W a distance of 92.31
feet to a point 5.88 feet
right of and opposite
station 419+37.40
on said construction
centerline laid out for
Spout Springs Road;
thence N70°36'19.3" E a
distance of 49.36 feet to
a point 55.00 feet right
of and opposite station
419+32.53 on said
construction centerline
laid out for Spout
Springs Road; thence S
25°03'23.2" E a distance
of 109.90 feet to a
point 55.00 feet right
of and opposite station
418+22.62 on said
construction centerline
laid out for Spout
Springs Road; thence S
70°36'19.3"W a distance
of 48.36 feet back to the
point of beginning.
Containing 0.123 acres
more or less. (5,346.93
SF)
EXHIBITS"
PROJECT NO.:
0009679 Hall County
PARCEL NO.: 141
DATE OF R/W PLANS:
April 17, 2015
REVISION DATE: July
19, 2017
Page 2 of 2
PERMANENT
EASEMENT FOR THE
CONSTRUCTION AND
MAINTENANCE OF
SLOPES AND UTILITIES
All that tract or parcel
of land lying and being
in 1270 Georgia Militia
District of Hall County,
Georgia, being more
particularly described
as follows:
Beginning at a point
55.00 feet right of
and opposite Station
418+22.62 on the
construction centerline
of Spout Springs Road
on Georgia Highway
Project No. 0009679;
running thence
N 25°03'23.2" W a
distance of 109.90 feet
to a point 55.00 feet
right of and opposite
station 419+32.53
on said construction
centerline laid out for
Spout Springs Road;
thence N 70°36'19.3" E
a distance of 15.07 feet
to a point 70.00 feet
right of and opposite
station 419+31.04
on said construction
centerline laid out for
Spout Springs Road;
thence S 25°03'23.2" E
a distance of 21.04 feet
to a point 70.00 feet
right of and opposite
station 419+10.00
on said construction
centerline laid out for
Spout Springs Road;
thence S 64°56'36.8" W
a distance of 5.00 feet
to a point 65.00 feet
right of and opposite
station 419+10.00
on said construction
centerline laid out for
Spout Springs Road;
thence S 25°03'23.2" E a
distance of 88.37 feet to
a point 65.00 feet right
of and opposite station
418+21.63 on said
construction centerline
laid out for Spout
Springs Road; thence S
70°36'19.3"W a distance
