CITATION
IN THE SUPERIOR COURT OF
LUMPKIN COUNTY
GEORGIA
DEPARTMENT OF
TRANSPORTATION
VS.
CERTAIN EASEMENT RIGHTS;
and Charles Timothy Satterfield; Grova Lynn Satterfield; and Mike Young, Lumpkin County Tax Commissioner, individually
DOCKET NO. SUCV2024000187
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 $4,200.00 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; and 20-C 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:1
To be acquired:Certain
Easement Rights
Property Owners:Charles Timothy Satterfield; Grova Lynn Satterfield; and Mike Young, Lumpkin County Tax Commissioner, individually
All that tract or parcel of land lying and being in Land Lot 527 of the 15th District and 1st Section of Lumpkin County, Georgia, being more particularly described as follows:
Permanent Easement for 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 49.98 feet left of and opposite Station 14+00.00 on the construction centerline of SR 52 on Georgia Highway Project No. 0013390; running thence N 83°30'19.7" E a distance of 15.02 feet to a point 65.00 feet left of and opposite Station 14+00.00 on said construction centerline laid out for SR 52; thence S 32°22'00.5" E a distance of 114.58 feet to a point 115.00 feet left of and opposite Station 15+03.10 on said construction centerline laid out for SR 52; thence S 6°29'40.3" E a distance of 246.90 feet to a point 115.00 feet left of and opposite Station 17+50.00 on said construction centerline laid out for SR 52; thence S 24°49'27.9" W a distance of 58.53 feet to a point 84.58 feet left of and opposite Station 18+00.00 on said construction centerline laid out for SR 52; thence N 23°59'35.7" W a distance of 16.68 feet to a point 79.56 feet left of and opposite Station 17+84.09 on said construction centerline laid out for SR 52; thence northwesterly 180.81 feet along the arc of a curve (said curve having a radius of 610.00 feet and a chord distance of 180.14 feet on a bearing of N 15°28'12.0" W) to the point 51.46 feet left of and opposite Station 16+06.15 on said construction centerline laid out for SR 52; thence N 6°56'50.2" W a distance of 192.01 feet to a point 49.94 feet left of and opposite Station 14+14.15 on said construction centerline laid out for SR 52; thence N 6°20'06.9" W a distance of 14.15 feet back to the point of beginning. Containing 0.461 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 135.61 feet left of and opposite Station 19+50.00 on the construction centerline of SR 52 on Georgia Highway Project No. 0013390; running thence N 63°39'20.0" E a distance of 20.62 feet to a point 155.00 feet left of and opposite Station 19+43.00 on said construction centerline laid out for SR 52; thence S 23°25'19.3" E a distance of 24.04 feet to a point 162.00 feet left of and opposite Station 19+66.00 on said construction centerline laid out for SR 52; thence S 62°45'21.0" W a distance of 19.76 feet to a point 143.52 feet left of and opposite Station 19+73.00 on said construction centerline laid out for SR 52; thence N 25°28'53.4" W a distance of 24.32 feet back to the point of beginning. Containing 0.011 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: A permanent easement is condemned for the right to construct and maintain slopes 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 driveway easement is condemned for the right to construct a driveway to connect the newly constructed road and right of way to the condemnees remaining land for driveway purposes. Said easement shall expire on April 1, 2029 and is as shown described within on the attached plats marked Annex 1-A. Upon completion of the project, the driveway will remain in place for use by the condemnees.
04/24, 05/01/24
