CITATION
IN THE SUPERIOR COURT OF
RABUN COUNTY
GEORGIA
DEPARTMENT OF TRANSPORTATIONDOCKET NO. 2020-CV-0372
VS. IN REM _______________
0.561 acres of land; and certain easement rights; and
Luis Oceguera a/k/a Luis Oceguera Lopez; Railroad Outdoor, LLC; Raul V. Lopez; W. H. Dunaway; Bobby L. Welch; Andres A. Hernandez; and Mary Ann Hernandez, individually.
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 18th day of December, 2020; 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 Parcel No. 171 19.. such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of said County $33,100.00 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 60 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 PAGES 20-A; 20-B; 20-C; 20-D FOR DESCRIPTION
This 18th day of December, 2020.
/s/ Holly E. Henry-Perry
Clerk Superior Court
RABUN COUNTY
Parcel No. 171 20.
PROJECT NO.
P. I. NO.:
PARCEL NO.:
DATE OF R/W PLANS:
REQUIRED R/W:EDS00-0441-00(028) RABUN COUNTY
122090
171
October 30, 2015
0.561 acres of land; and certain easement rights
PROPERTY OWNERS:Luis Oceguera a/k/a Luis Oceguera Lopez; Santas Land, Inc., a North Carolina Corporation; United Community Bank; W. H. Dunaway; Bobby L. Welch; Andres A. Hernandez; and Mary Ann Hernandez, individually.
RIGHT OF WAY ALL THAT TRACT or parcel of land lying and being in Land Lot 191, 2nd Land District, Rabun County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 12.00 feet right of and opposite station 483+40.93 on the construction centerline of SR 15/US 441 & 23 on Georgia Highway Project No. EDS00-0441-00(028); running thence N 13°57'38.6" E a distance of 120.51 feet to a point 12.00 feet right of and opposite station 484+61.44 on said construction centerline laid out for SR 15/US 441 & 23; thence S 76°01'51.6" E a distance of 25.00 feet to a point 37.00 feet right of and opposite station 484+61.44 on said construction centerline laid out for SR 15/US 441 & 23; thence N 13°57'38.0" E a distance of 474.20 feet to a point 37.00 feet right of and opposite station 489+35.64 on said construction centerline laid out for SR 15/US 441 & 23; thence S 76°03'54.0" E a distance of 38.43 feet to a point 75.43 feet right of and opposite station 489+35.66 on said construction centerline laid out for SR 15/US 441 & 23; thence S 16°15'04.6" W a distance of 85.73 feet to a point 72.00 feet right of and opposite station 488+50.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 15°29'17.3" W a distance of 150.05 feet to a point 68.00 feet right of and opposite station 487+00.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 12°48'53.4" W a distance of 100.02 feet to a point 70.00 feet right of and opposite station 486+00.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 11°05'53.5" W a distance of 200.25 feet to a point 80.00 feet right of and opposite station 484+00.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 17°23'39.3" W a distance of 50.09 feet to a point 77.00 feet right of and opposite station 483+50.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 13°57'14.9" W a distance of 11.42 feet to a point 77.00 feet right of and opposite station 483+38.58 on said construction centerline laid out for SR 15/US 441 & 23; thence N 73°57'59.7" W a distance of 63.39 feet to a point 13.65 feet right of and opposite station 483+40.87 on said construction centerline laid out for SR 15/US 441 & 23; thence N 73°56'07.7" W a distance of 1.65 feet back to the point of beginning. Said tract containing 0.561 acres, more or less.
APPENDIX A ANNEX 1
Parcel No. 171 20-A.
TEMPORARY DEMOLITION
EASEMENT 1
ALL THAT TRACT or parcel of land lying and being in Land Lot 191, 2nd Land District, Rabun County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 69.80 feet right of and opposite station 486+09.99 on the construction centerline of SR 15/US 441 & 23 on Georgia Highway Project No. EDS00-0441-00(028); running thence N 12°48'54.6" E a distance of 34.01 feet to a point 69.12 feet right of and opposite station 486+43.99 on said construction centerline laid out for SR 15/US 441 & 23; thence S 76°01'51.4" E a distance of 32.88 feet to a point 102.00 feet right of and opposite station 486+43.98 on said construction centerline laid out for SR 15/US 441 & 23; thence S 13°57'39.7" W a distance of 34.00 feet to a point 102.00 feet right of and opposite station 486+09.98 on said construction centerline laid out for SR 15/US 441 & 23; thence N 76°01'50.3" W a distance of 32.20 feet back to the point of beginning. Said tract containing 0.025 acres, more or less.
TEMPORARY DEMOLITION
EASEMENT 2
ALL THAT TRACT or parcel of land lying and being in Land Lot 191, 2nd Land District, Rabun County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 75.00 feet right of and opposite station 489+24.99 on the construction centerline of SR 15/US 441 & 23 on Georgia Highway Project No. EDS00-0441-00(028); running thence N 16°15'04.3" E a distance of 10.68 feet to a point 75.43 feet right of and opposite station 489+35.66 on said construction centerline laid out for SR 15/US 441 & 23; thence S 76°03'50.8" E a distance of 31.57 feet to a point 107.00 feet right of and opposite station 489+35.67 on said construction centerline laid out for SR 15/US 441 & 23; thence S 13°57'34.4" W a distance of 10.69 feet to a point 107.00 feet right of and opposite station 489+24.98 on said construction centerline laid out for SR 15/US 441 & 23; thence N 76°01'50.3" W a distance of 32.00 feet back to the point of beginning. Said tract containing 0.008 acres, more or less.
Parcel No. 171 20-B. TEMPORARY DRIVEWAY
EASEMENT 1
ALL THAT TRACT or parcel of land lying and being in Land Lot 191, 2nd Land District, Rabun County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 77.00 feet right of and opposite station 483+38.58 on the construction centerline of SR 15/US 441 & 23 on Georgia Highway Project No. EDS00-0441-00(028); running thence N 13°57'14.9" E a distance of 11.42 feet to a point 77.00 feet right of and opposite station 483+50.00 on said construction centerline laid out for SR 15/US 441 & 23; thence N 17°23'39.3" E a distance of 50.09 feet to a point 80.00 feet right of and opposite station 484+00.00 on said construction centerline laid out for SR 15/US 441 & 23; thence N 11°06'38.4" E a distance of 5.01 feet to a point 79.75 feet right of and opposite station 484+05.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 76°02'07.1" E a distance of 12.25 feet to a point 92.00 feet right of and opposite station 484+05.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 13°57'37.6" W a distance of 66.97 feet to a point 92.00 feet right of and opposite station 483+38.03 on said construction centerline laid out for SR 15/US 441 & 23; thence N 73°58'05.1" W a distance of 15.01 feet back to the point of beginning. Said tract containing 0.021 acres, more or less.
TEMPORARY DRIVEWAY
EASEMENT 2
ALL THAT TRACT or parcel of land lying and being in Land Lot 191, 2nd Land District, Rabun County, Georgia, being shown described within on the attached plats marked Annex 1-A and being more particularly described as follows:
Beginning at a point 73.25 feet right of and opposite station 485+35.00 on the construction centerline of SR 15/US 441 & 23 on Georgia Highway Project No. EDS00-0441-00(028); running thence N 11°05'52.3" E a distance of 58.07 feet to a point 70.35 feet right of and opposite station 485+93.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 76°02'20.2" E a distance of 18.65 feet to a point 89.00 feet right of and opposite station 485+93.00 on said construction centerline laid out for SR 15/US 441 & 23; thence S 13°57'38.2" W a distance of 58.00 feet to a point 89.00 feet right of and opposite station 485+35.00 on said construction centerline laid out for SR 15/US 441 & 23; thence N 76°02'13.2" W a distance of 15.75 feet back to the point of beginning. Said tract containing 0.023 acres, more or less.
Parcel No.171 20-C
The title, estate or interest in the above described land required by Condemnor and now taken by Condemnor for public use is as follows: Fee simple to the above described land being shown described within on the attached plats dated October 30, 2015; last revised: Sheet Nos. 117 on July 20, 2018; Sheet No. 119 on March 28, 2019; Sheet No. 121 on May 21, 2020; and attached hereto as Annex 1-A.
Two temporary demolition easements are condemned for the removal of a building or improvement within the easement areas on the attached plats. Said easements will expire one (1) year from the date of filing, and being shown described within on the attached plats marked Annex 1-A.
Two temporary easements are condemned for the right to construct two driveways to connect the newly constructed road and right of way to the Condemnees remaining land for driveway purposes. Said easements will expire five (5) years from the date of filing, and being shown described within on the attached plats marked Annex 1-A. Parcel No.171 20-D