CITATION
IN THE SUPERIOR COURT OF
LUMPKIN COUNTY
GEORGIA
DEPARTMENT OF
TRANSPORTATION
VS.
4.584 Acres of Land; and Certain Easement Rights; and Charles Timothy Satterfield; Grova Lynn Satterfield; and Mike Young, Lumpkin County Tax Commissioner, individually
DOCKET NO. SUCV2024000188
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, licensees and all holders, owners and users of ways and easements in, across, over and under said land are hereby notified, under the provisions of the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, 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 the 29th day of March, 2024; That, in accordance with provisions of the aforesaid Official Code, a Declaration of Taking, duly authorized and properly executed as provided by the Official Code, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described lands for State-aid public road purposes, thereby vesting the title to same in the Department of Transportation; and, in pursuance of such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of said County $77,700.00 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 the Department of Transportation no later than 30 days from filing of the Declaration of Taking.
That in accordance with the Official Code of Georgia Annotated Section 32-3-13 through 32-3-19, if the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited in Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the deposit of the fund into Court but not later than 30 days following the date of service as provided for in the Official Code of Georgia Annotated Sections 32-3-8 through 32-3-10 to file with the Court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.
The said property, as thus affected, is described as follows:
SEE PAGE 20-A; 20-B; 20-C; 20-D; 20-E; and 20-F FOR DESCRIPTION.
This 2nd day of April, 2024.
/s/ Rita Harkins
Clerk Superior Court
LUMPKIN COUNTY
Project Number:
P.I. 0013390 LUMPKIN COUNTY
Parcel Number:2
Required R/W:4.584 Acres of Land; and Certain Easement Rights
Property Owners:
Charles Timothy Satterfield; Grova Lynn Satterfield; and Mike Young, Lumpkin County Tax Commissioner, individually
All those tracts or parcel of land lying and being in Land Lots 527 and 528 of the 15th District and 1st Section of Lumpkin County, Georgia, being more particularly described as follows:
Required Right of Way:
Beginning at a point 48.63 feet right of and opposite Station 15+95.00 on the construction centerline of SR 52 on Georgia Highway Project No. 0013390; running thence S 6°58'14.5" E a distance of 9.27 feet to a point 48.56 feet right of and opposite Station 16+04.27 on said construction centerline laid out for SR 52; thence southeasterly 214.18 feet along the arc of a curve (said curve having a radius of 710.00 feet and a chord distance of 213.37 feet on a bearing of S 15°24'00.6" E) to the point 15.53 feet right of and opposite Station 18+15.06 on said construction centerline laid out for SR 52; thence S 24°02'31.4" E a distance of 39.38 feet to a point 3.65 feet right of and opposite Station 18+52.61 on said construction centerline laid out for SR 52; thence S 25°28'57.4" E a distance of 210.82 feet to a point 64.94 feet left of and opposite Station 20+51.96 on said construction centerline laid out for SR 52; thence S 26°13'00.5" E a distance of 303.94
feet to a point 133.33 feet left of and opposite Station 23+77.51 on said construction centerline laid out for SR 52; thence S 25°00'56.2" E a distance of 110.31 feet to a point 132.37 feet left of and opposite Station 25+03.70 on said construction centerline laid out for SR 52; thence S 26°47'58.4" E a distance of 200.37 feet to a point 103.74 feet left of and opposite Station 27+27.30 on said construction centerline laid out for SR 52; thence S 29°10'31.0" W a distance of 51.08 feet to a point 55.53 feet left of and opposite Station 27+45.57 on said construction centerline laid out for SR 52; thence S 20°01'52.0" W a distance of 74.67 feet to a point 10.99 feet right of and opposite Station 27+80.24 on said construction centerline laid out for SR 52; thence S 13°40'56.0" W a distance of 54.20 feet to a point 57.11 feet right of and opposite Station 28+07.83 on said construction centerline laid out for SR 52; thence S 11°23'31.0" W a distance of 50.89 feet to a point 100.00 feet right of and opposite Station 28+33.33 on said construction centerline laid out for SR 52; thence northwesterly 814.86 feet along the arc of a curve (said curve having a radius of 1160.00 feet and a chord distance of 798.21 feet on a bearing of N 26°37'06.9" W) to the point 100.00 feet right of and opposite Station 20+88.72 on said construction centerline laid out for SR 52; thence N 6°29'40.6" W a distance of 57.72 feet to a point 100.00 feet right of and opposite Station 20+31.00 on said construction centerline laid out for SR 52; thence N 83°30'19.7" E a distance of 15.00 feet to a point 85.00 feet right of and opposite Station 20+31.00 on said construction centerline laid out for SR 52; thence N 6°29'40.3" W a distance of 107.00 feet to a point 85.00 feet right of and opposite Station 19+24.00 on said construction centerline laid out for SR 52; thence S 83°30'19.7" W a distance of 30.00 feet to a point 115.00 feet right of and opposite Station 19+24.00 on said construction centerline laid out for SR 52; thence N 6°29'40.3" W a distance of 49.00 feet to a point 115.00 feet right of and opposite Station 18+75.00 on said construction centerline laid out for SR 52; thence N 6°29'40.3" W a distance of 202.61 feet to a point 115.00 feet right of and opposite Station 16+72.39 on said construction centerline laid out for SR 52; thence N 83°30'19.7" E a distance of 30.04 feet to a point 84.96 feet right of and opposite Station 16+72.39 on said construction centerline laid out for SR 52; thence N 6°31'32.9" W a distance of 77.39 feet to a point 85.00 feet right of and opposite Station 15+95.00 on said construction centerline laid out for SR 52; thence N 83°30'19.7" E a distance of 36.37 feet back to the point of beginning. Containing 4.584 acres more or less. Said described land being required right-of-way and is shown on the attached plats marked Annex 1-A.
Permanent Easement for the Construction and Maintenance of Slopes:
To be acquired by condemnation is a permanent easement for the right to construct and maintain slopes within the area described as follows:
Beginning at a point 49.82 feet right of and opposite Station 14+45.00 on the construction centerline of SR 52 on Georgia Highway Project No. 0013390; running thence S 6°56'50.2" E a distance of 150.00 feet to a point 48.63 feet right of and opposite Station 15+95.00 on said construction centerline laid out for SR 52; thence S 83°30'19.7" W a distance of 6.37 feet to a point 55.00 feet right of and opposite Station 15+95.00 on said construction centerline laid out for SR 52; thence N 6°29'40.3" W a distance of 150.00 feet to a point 55.00 feet right of and opposite Station 14+45.00 on said construction centerline laid out for SR 52; thence N 83°30'19.7" E a distance of 5.18 feet back to the point of beginning. Containing 0.020 acres more or less. Said described land being a permanent easement for the right to construct and maintain slopes as shown on the attached plats attached hereto as Annex 1-A.
Temporary Driveway Easement:
Also to be acquired by condemnation is the right to an easement for the construction of a driveway being described as follows:
Beginning at a point 115.00 feet right of and opposite Station 16+82.39 on the construction centerline of SR 52 on Georgia Highway Project No. 0013390; running thence S 6°29'40.3" E a distance of 136.00 feet to a point 115.00 feet right of and opposite Station 18+18.39 on said construction centerline laid out for SR 52; thence N 72°11'13.5" W a distance of 76.81 feet to a point 185.00 feet right of and opposite Station 17+86.77 on said construction centerline laid out for SR 52; thence S 53°23'13.1" W a distance of 68.87 feet to a point 244.57 feet right of and opposite Station 18+21.33 on said construction centerline laid out for SR 52; thence N 78°15'03.1" W a distance of 42.57 feet to a point 285.00 feet right of and opposite Station 18+08.00 on said construction centerline laid out for SR 52; thence N 6°29'40.3" W a distance of 17.00 feet to a point 285.00 feet right of and opposite Station 17+91.00 on said construction centerline laid out for SR 52; thence N 36°19'14.1" E a distance of 73.57 feet to a point 235.00 feet right of and opposite Station 17+37.03 on said construction centerline laid out for SR 52; thence N 58°27'11.6" E a distance of 49.67 feet to a point 190.00 feet right of and opposite Station 17+16.00 on said construction centerline laid out for SR 52; thence N 59°22'03.2" E a distance of 82.19 feet back to the point of beginning. Containing 0.314 acres more or less.
Temporary Driveway Easement:
Also to be acquired by condemnation is the right to an easement for the construction of a driveway being described as follows:
Beginning at a point 100.00 feet right of and opposite Station 23+03.61 on the construction centerline of SR 52 on Georgia Highway Project No. 0013390; running thence southeasterly 157.50 feet along the arc of a curve (said curve having a radius of 1160.00 feet and a chord distance of 157.38 feet on a bearing of S 21°59'59.1" E) to the point 100.00 feet right of and opposite Station 24+47.53 on said construction centerline laid out for SR 52; thence S 70°28'54.0" W a distance of 40.24 feet to a point 140.00 feet right of and opposite Station 24+43.59 on said construction centerline laid out for SR 52; thence N 86°31'50.9" W a distance of 34.22 feet to a point 170.00 feet right of and opposite Station 24+29.23 on said construction centerline laid out for SR 52; thence N 0°29'57.7" W a distance of 77.67 feet to a point 140.00 feet right of and opposite Station 23+66.71 on said construction centerline laid out for SR 52; thence N 4°17'38.8" E a distance of 47.72 feet to a point 120.00 feet right of and opposite Station 23+28.11 on said construction centerline laid out for SR 52; thence N 17°42'51.5" E a distance of 33.63 feet back to the point of beginning. Containing 0.145 acres more or less.
The title, estate or interest in the above described lands, required by condemnor and now taken by condemnor for public use is as follows: Fee simple title to the above described land as shown described within on the attached plats dated the 15th day of December, 2022; Sheet No. 60-0002, last revised December 18, 2023; Sheet No. 60-0003, last revised September 26, 2023; Sheet No. 60-0004, last revised March 7, 2024; and attached hereto as Annex 1-A.
A permanent easement is condemned for the right to construct and maintain slopes as shown on the attached plats marked Annex 1-A.
Two driveway easements are condemned for the right to construct driveways to connect the newly constructed road and right of way to the condemnees remaining land for driveway purposes. Said easements shall expire on April 1, 2029 and are as shown described within on the attached plats marked Annex 1-A. Upon completion of the project, the driveways will remain in place for use by the condemnees.
04/24, 05/01/24