Details for DOT v. SPIRIT MASTER FUNDING, LLC

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CITATION IN THE SUPERIOR COURT OF HENRY COUNTY, GEORGIA Department of Transportation, v. 0.039 acres of land; and certain easement rights and Spirit Master Funding, LLC; Spirit SPE Manager, LLC; Spirit Realty Capital, Inc.; Citibank, N.A.; RTM Georgia LLC; McDonough (McDonough) WMC, LLC; Avatar Real Estate IV, LLC; and Henry County Tax Commissioner, individually DOCKET NO. SUCV2019002097HV, 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 8th day of August, 2019; 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 $93,500.00 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: REQUIRED RIGHT OF WAY All that tract or parcel of land lying and being in Land Lot 162 of the 10th Land District and/or 498 Georgia Militia District of Henry County, Georgia, being more particularly described as follows: Beginning at a point 66.91 feet left of and opposite Station 106+77.66 on the construction centerline of SR20 on Georgia Highway Project No. 0013531; running thence N 5246'19.6" W a distance of 52.71 feet to a point 119.60 feet left of and opposite station 106+79.06 on said construction centerline laid out for SR 20; thence N 3618'18.2" E a distance of 4.36 feet to a point 119.56 feet left of and opposite station 106+83.41 on said construction centerline laid out for SR 20; thence S 5344'40.5" E a distance of 43.92 feet to a point 75.64 feet left of and opposite station 106+83.00 on said construction centerline laid out for SR 20; thence N 3536'37.1" E a distance of 144.49 feet to a point 76.00 feet left of and opposite station 108+26.88 on said construction centerline laid out for SR 20; thence S 5243'41.3" E a distance of 11.06 feet to a point 64.94 feet left of and opposite station 108+26.67 on said construction centerline laid out for SR 20; thence S 3630'27.6" W a distance of 149.54 feet back to the point of beginning. Containing 0.039 acres more or less. Said described land being the required right of way and as shown described within on the attached plats marked Annex 1-A. PERMANENT EASEMENT All that tract or parcel of land lying and being in Land Lot 162 of the 10th Land District and/or 498 Georgia Militia District of Henry County, Georgia, being more particularly described as follows: ALSO, granted is the right to construct and maintain any required slopes and utilities within the easement area on the attached plat. Beginning at a point 75.64 feet left of and opposite Station 106+83.00 on the construction centerline of SR20 on Georgia Highway Project No. 0013531; running thence N 5344'40.5" W a distance of 43.92 feet to a point 119.56 feet left of and opposite station 106+83.41 on said construction centerline laid out for SR 20; thence S 3618'18.2" W a distance of 4.36 feet to a point 119.60 feet left of and opposite station 106+79.06 on said construction centerline laid out for SR 20; thence N 5247'08.7" W a distance of 45.41 feet to a point 165.00 feet left of and opposite station 106+80.25 on said construction centerline laid out for SR 20; thence N 3542'33.9" E a distance of 13.63 feet to a point 165.00 feet left of and opposite station 106+93.88 on said construction centerline laid out for SR 20; thence S 5339'48.4" E a distance of 80.50 feet to a point 84.50 feet left of and opposite station 106+93.00 on said construction centerline laid out for SR 20; thence N 3558'17.3" E a distance of 134.71 feet to a point 84.00 feet left of and opposite station 108+27.03 on said construction centerline laid out for SR 20; thence S 5243'41.3" E a distance of 8.00 feet to a point 76.00 feet left of and opposite station 108+26.88 on said construction centerline laid out for SR 20; thence S 3536'37.1" W a distance of 144.49 feet back to the point of beginning. Containing 0.051 acres more or less. Said described land being a permanent easement for the construction and maintenance of slopes and utilities and as shown described within on the attached plats marked Annex 1-A. Upon completion of construction, nothing in this grant shall prevent the placement or replacement of parking spaces on the permanent easement areas acquired so long as the parking spaces are otherwise in accord with all applicable law, rules, regulations, and DOT guidelines. TEMPORARY DRIVEWAY EASEMENT All that tract or parcel of land lying and being in Land Lot 162 of the 10th Land District and/or 498 Georgia Militia District of Henry County, Georgia, being more particularly described as follows: A temporary 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 and as shown described within. Said easement will expire upon completion and final acceptance of the project by the Department of Transportation but no later than January 15, 2025, and is described below and shown on the attached plats marked Annex 1-A. Upon completion of this project, the driveway will remain in place for use by the condemnees. Beginning at a point 84.05 feet left of and opposite Station 107+92.00 on the construction centerline of SR20 on Georgia Highway Project No. 0013531; running thence N 5417'26.1" W a distance of 19.95 feet to a point 104.00 feet left of and opposite station 107+92.00 on said construction centerline laid out for SR 20; thence N 3419'12.6" E a distance of 36.29 feet to a point 105.00 feet left of and opposite station 108+27.42 on said construction centerline laid out for SR 20; thence S 5243'41.3" E a distance of 21.00 feet to a point 84.00 feet left of and opposite station 108+27.03 on said construction centerline laid out for SR 20; thence S 3558'17.3" W a distance of 35.71 feet back to the point of beginning. Containing 0.017 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 and utilities as shown described within on the plats dated 17th day of October, 2017; Last Revised: Sheets No. 7 on July 19, 2019; Sheets No. 9 on July 19, 2019; and attached to Appendix A to Exhibit A as Annex 1-A. This 8th day of August, 2019. Barbara A. Harrison, Clerk Superior Court of Henry County, GA 906-612786, 9/4,11

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