FCC Jewell Bennet Rd
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, ) ) Condemnor, ) ) v. ) CIVIL ACTION FILE ) NO. 24CV-0561-2 0.320 ACRES OF FEE SIMPLE RIGHT OF WAY; ) ONE (1) TEMPORARY DRIVEWAY ) EASEMENT; F. SHANE BLACKBURN A/K/A ) FRANKLIN SHANE BLACKBURN; KRISTI ) BLACKBURN; MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC., as nominee for ) Homestar Financial Corp., ) ) Condemnees. ) CITATION The said named persons and any and all other persons known and unknown claiming any right, 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 SSSS 32-3-1 et seq., providing for the exercise of the power of the eminent domain by the State of Georgia, or any of its subdivisions, or by any county of such State, as follows: That the above case, including an action for a condemnation in rem against the property hereinafter described, was filed in said Court on March 29, 2024, and docketed by the Clerk of Court with the Civil Action File No. referenced above. 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 County public road purposes, thereby vesting the title to same in Forsyth County, Georgia; and, in pursuance of such authority, Forsyth County, Georgia, has deposited with the Clerk of the Superior Court in Forsyth County the sum of $127,100.00 as just compensation for the said lands described; and all persons claiming such funds or any interest therein, are hereby required to make their claims to the Court; and In accordance with the provisions of the Official Code of Georgia Annotated, the 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 Forsyth County, Georgia, immediately upon the filing of the Declaration of Taking: That, in accordance with the Official Code of Georgia Annotated SSSS 32-3-1 et seq, if the owner, or any of the owners, or any persons having a claim against or interest in the 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 of the Taking and the deposit of the funds into Court but no later than thirty (30) days from the date of service as provided for in the Official Code of Georgia Annotated SSSS 32-3-8 through 32-3-10 to file with the Court a petition for review (formerly known as 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 Exhibit "A," which is attached hereto and made a part hereof. This 29 day of March 2024. /s/ Greg G. Allen CLERK FORSYTH COUNTY SUPERIOR COURT EXHIBIT "A" LEGAL DESCRIPTION PROJECT NO.: SR 9 at Jewell Bennett Road P.I. NO.: 0016066 PARCEL NO.: 07 DATE OF R/W PLANS: December 10, 2021 REVISION DATE: December 7, 2023 REQUIRED RIGHT OF WAY Being a strip or parcel of land running in, though, over and across the property now or formerly owned by F. SHANE BLACKBURN a/k/a FRANKLIN SHANE BLACKBURN and KRISTI BLACKBURN, as Joint Tenants with Right of Survivorship and not as tenants in common, as described in a deed recorded among the Land Records of Forsyth County, Georgia in Deed Book 9617, Page 726, said strip or parcel being shown on a Right of Way sketch prepared by Georgia Department of Transportation, and attached hereto, and said strip or parcel lying and being in Land Lots 110 of the 3rd District, 1st Section, of Forsyth County, Georgia and being more particularly described as follows: Beginning at a point thence along an arc 303.79 feet to the right, having a radius of 2029.75 feet, the chord of which is N 22deg31'12.5" E for a distance of 303.51 feet, thence S 53deg18'40.5" E a distance of 9.56 feet thence S 39deg57'38.5" E a distance of 28.37 feet thence S 15deg56'43.4" E a distance of 5.36 feet thence S 38deg05'47.9" E a distance of 4.51 feet thence S 20deg00'30.9" W a distance of 11.49 feet thence S 63deg51'03.3" E a distance of 12.00 feet thence S 7deg40'56.4" W a distance of 39.10 feet thence S 26deg46'48.1" W a distance of 25.73 feet thence S 41deg27'33.4" W a distance of 60.71 feet thence S 29deg51'18.3" W a distance of 146.55 feet thence N 75deg04'03.2" W a distance of 7.50 feet thence N 75deg05'34.0" W a distance of 16.57 feet and the POINT OF BEGINNING. The above described parcel contains +- 0.32 acres (13,940.433 sq. ft.) TEMPORARY DRIVEWAY EASEMENT All that tract or parcel of land lying and being in Land Lot 110 of the 3rd District, 1st Section of Forsyth County, Georgia, being more particularly described as follows: GRANTED is the right to construct ONE (1) temporary driveway within the driveway easement area shown on the attached plat. Said easement is to become effective at the beginning of construction of Project #0016066 and will expire 60 months from date first written above or upon completion and final acceptance of the project by Forsyth County, whichever occurs first. Beginning at a point thence N 29deg51'18.3" E a distance of 38.66 feet thence S 18deg54'49.6" W a distance of 37.88 feet thence N 71deg40'49.7" W a distance of 7.34 feet and the POINT OF BEGINNING. The above described parcel contains +- 0.01 acres (138.950 sq. ft.) 133832 04/17,24