IN THE SUPERIOR COURT OF COWETA COUNTY
STATE OF GEORGIA
COWETA COUNTY, GEORGIA
0.584 +/- ACRES OF LAND, FEE
ACQUISITION, and TEMPORARY
EASEMENTS and MARJORIE P.
PHILLIPS, INDIVIDUALLY and as
EXECUTOR OF LW&T OF DONALD,
GUY PHILLIPS, INDIVIDUALLY; and
COWETA COUNTY TAX
IN REM: CONDEMNATION
0.584+/- ACRES LYING AND
BEING IN LAND LOT 6 OF THE 2ND LAND DISTRICT, COWETA COUNTY,
GEORGIA MORE PARTICULARLY DESCRIBED ON RIGHT OF WAY PLANS
ENTITLED "PROPOSED POPLAR ROAD AT I-85 NEW INTERCHANGE"
FEDERAL AID PROJECT CSNHS-0009-00 (323) COWETA COUNTY, AS
PARCEL 24, AND TEMPORARY EASEMENTS, DATED JUNE 9, 2014, PREPARED
BY CLOUGH HARBOUR & ASSOCIATES, LLP, WHICH BY REFERENCE IS
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 described above, and more particularly described on Exhibit “A” attached hereto and by reference made a part thereof, 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 described above, for the acquisition of right of way for the “Proposed Poplar Road at I-85 New Interchange” Federal Aid Project CSNHS-0009-00 (323) Coweta County. 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 public road purposes, thereby vesting the title to same in the Board of Commissioners of Coweta County; and, in pursuance of such authority, the Board of Commissioners of Coweta County have deposited with the Clerk of the Superior Court of said County $94,300.00 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 Petitioner has prayed the Court for immediate possession of said property, and all persons having any interest in or claim against such property, as described above, are required by the Order of the Judge of said Court to surrender possession of the property to the Board of Commissioners of Coweta County, Georgia immediately upon the 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.
This 21st day of August, 2015.
Clerk, Superior Court
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 5 of the 2nd District of Coweta County, Georgia, and being more particularly described as “Parcel 24, REQUIRED R/W” containing 0.584 acres and/or 25,421.35 square feet, as shown on the set of plans for this project prepared by Clough Harbour & Associates, LLP, entitled “Right of Way of Proposed Poplar Road at I-85 New Interchange” for Coweta County, and more particularly described as follows:
Beginning at a point 68.41 feet left of and opposite station 134+66.44 on said construction centerline laid out for Poplar Road running thence N 0°15'16.0" E a distance of 26.58 feet to a point 94.74 feet left of and opposite station 134+62.80 on said construction centerline laid out for Poplar Road; thence S 82°18'35.3" E a distance of 481.40 feet to a point 95.00 feet left of and opposite station 139+44.82 on said construction centerline laid out for Poplar Road; thence S 0º16’12.8” E a distance of 44.42 feet to a point 51.01 feet left of and opposite station 139+50.97 on said construction centerline laid out for Poplar Road; thence S 0º16’57.4” E a distance of 20.23 feet to a point 30.98 feet left of and opposite station 139+53.78 on said construction centerline laid out for Poplar Road; thence N 82º12’41.5” W a distance of 339.20 feet to a point 31.56 feet left of and opposite station 136+14.58 on said construction centerline laid out for Poplar Road; thence N 7º46’45.2” E a distance of 35.00 feet to a point 66.56 feet left of and opposite station 136+14.63 on said construction centerline laid out for Poplar Road; thence N 81º30’10.9” W a distance of 147.78 feet back to the point of beginning. Containing 0.584 acres more or less.
Also included in this conveyance are two temporary easements for construction of a driveway.