CITATION
IN THE SUPERIOR COURT OF
HABERSHAM COUNTY
GEORGIA
DEPARTMENT OF
TRANSPORTATION
VS.
0.013 acres of land; and certain easement rights; and AHC Holding Company, LLC; Clarkesville Food LLC; Gas Express Petroleum, LLC; U.S. Bank National Association, as successor trustee to Bank of America, N.A., successor by merger to LaSalle Bank National Association, as Indenture Trustee under that certain Indenture dated as of January 1, 2003, as the same may be amended from time to time, for the benefit of SBA and holders of the Business Loan Express SBA Loan-Backed Notes, Series 2003-1, as their interests may appear subject to the Multi-Party Agreement dated January 1, 2003; Ciena Capital Funding LLC f/k/a BLX Capital LLC; Business Loan Center, LLC f/k/a Business Loan Center, Inc.; BLX Funding Trust I, dated March 28, 2012; June Black-Warren, Habersham County Tax Commissioner, individually; and City of Clarkesville, Georgia
DOCKET NO. 24CV0149
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 5th day of April, 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
Parcel No. 5 19.
such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of said County $326,000.00 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; 20-C; 20-D AND 20-E FOR DESCRIPTION.
This 12 day of April, 2024.
/s/ David C. Wall
Clerk Superior Court
HABERSHAM COUNTY
Parcel No. 5 20.
Project Number: P.I.0013882,
HABERSHAM COUNTY
Parcel Number:5
Required R/W: 0.013 acres of land acres of land; and certain easement rights;
Property Owners: AHC Holding Company, LLC; Clarkesville Food LLC; Gas Express Petroleum, LLC; U.S. Bank National Association, as successor trustee to Bank of America, N.A., successor by merger to LaSalle Bank National Association, as Indenture Trustee under that certain Indenture dated as of January 1, 2003, as the same may be amended from time to time, for the benefit of SBA and holders of the Business Loan Express SBA Loan-Backed Notes, Series 2003-1, as their interests may appear subject to the Multi-Party Agreement dated January 1, 2003; Ciena Capital Funding LLC f/k/a BLX Capital LLC; Business Loan Center, LLC f/k/a Business Loan Center, Inc.; BLX Funding Trust I, dated March 28, 2012; June Black-Warren, Habersham County Tax Commissioner, individually; and City of Clarkesville, Georgia
All those tracts or parcel of land lying and being in Land Lot 20 of the 10th Land District of Habersham County, Georgia, being more particularly described as follows:
REQUIRED RIGHT-OF-WAY Tract 1:
Beginning at a point 31.04 feet left of and opposite Station 33+56.30 on the construction centerline of SR 385/Old Historic US 441 Business on Georgia Highway Project No. 0013882; running thence N 6°18'49.7" E a distance of 25.07 feet to a point 46.83 feet left of and opposite Station 33+75.77 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441 ; thence S 37°04'58.4" E a distance of 18.21 feet to a point 28.78 feet left of and opposite Station 33+73.37 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441; thence S 52°54'35.2" W a distance of 17.22 feet back to the point of beginning. Containing 0.004 acres more or less. Said described land being required right-of-way and is shown on the attached plats marked Annex 1-A.
Parcel No. 5 20-A.
REQUIRED RIGHT-OF-WAY Tract 2:
Beginning at a point 40.40 feet left of and opposite Station 21+51.65 on the construction centerline of SR 197/SR 385/SR 17/Old Historic U.S. 441 Business on Georgia Highway Project No. 0013882; running thence S 76°58'44.3" W a distance of 25.09 feet to a point 61.73 feet left of and opposite Station 21+64.23 on said construction centerline laid out for
SR 197/SR 385/SR 17/OLD HISTORIC U.S. 441 BUSINESS; thence N 6°40'41.4" E a distance of 33.13 feet to a point 36.14 feet left of and opposite Station 21+84.30 on said construction centerline laid out for SR 197/SR 385/SR 17/OLD HISTORIC U.S. 441 BUSINESS; thence S 37°04'58.1" E a distance of 34.16 feet back to the point of beginning. Containing 0.009 acres more or less. Said described land being required right-of-way and is shown on the attached plats marked Annex 1-A.
PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES AREA 1:
Also, 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 32.34 feet left of and opposite Station 33+44.11 on the construction centerline of SR 385/ SR 17/ Old Historic US 441 Business on Georgia Highway Project No. 0013882; running thence N 30°17'04.4" E a distance of 9.74 feet to a point 34.87 feet left of and opposite Station 33+53.52 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441 ; thence S 80°34'27.0" E a distance of 4.73 feet to a point 31.04 feet left of and opposite Station 33+56.30 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441 ; thence S 51°24'50.6" W a distance of 12.25 feet back to the point of beginning. Containing 21.513 square feet more or less. Said described land being a permanent easement and is condemned for the right to construct and maintain slopes as shown on the attached plats attached hereto as Annex 1-A.
Parcel No. 5 20-B.
PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES AREA 2:
Also, 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 21.21 feet right of and opposite Station 51+39.53 on the construction centerline of US 441 Business/Historic on Georgia Highway Project No. 0013882; running thence N 6°40'27.8" E a distance of 120.53 feet to a point 20.90 feet right of and opposite Station 52+60.06 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence N 76°58'44.3" E a distance of 25.09 feet to a point 44.50 feet right of and opposite Station 52+68.58 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 37°04'58.1" E a distance of 38.78 feet to a point 71.40 feet right of and opposite Station 52+40.64 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 53°27'27.0" W a distance of 6.08 feet to a point 66.98 feet right of and opposite Station 52+36.47 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence N 36°32'32.9" W a distance of 32.15 feet to a point 44.90 feet right of and opposite Station 52+59.84 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 72°57'31.6" W a distance of 17.10 feet to a point 29.26 feet right of and opposite Station 52+52.92 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 1°40'26.8" W a distance of 19.03 feet to a point 30.97 feet right of and opposite Station 52+33.97 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 6°40'28.1" W a distance of 22.76 feet to a point 31.03 feet right of and opposite Station 52+11.20 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence N 83°40'58.9" W a distance of 4.90 feet to a point 26.12 feet right of and opposite Station 52+11.16 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 7°08'50.8" W a distance of 28.85 feet to a point 25.96 feet right of and opposite station 51+82.32 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 84°33'08.4" E a distance of 5.14 feet to a point 31.10 feet right of and opposite Station
Parcel No. 5 20-C.
51+82.44 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence S 6°40'28.0" W a distance of 42.81 feet to a point 31.21 feet right of and opposite Station 51+39.63 on said construction centerline laid out for US 441 BUSINESS/HISTORIC; thence N 83°45'04.7" W a distance of 10.00 feet back to the point of beginning. Containing 0.032 acres more or less. Said described land being a permanent easement and is condemned 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 35.47 feet left of and opposite Station 32+71.32 on the construction centerline of SR 385/Old Historic US 441 Business on Georgia Highway Project No. 0013882; running thence N 43°58'57.5" W a distance of 10.01 feet to a point 45.46 feet left of and opposite Station 32+71.99 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441 ; thence N 46°04'19.9" E a distance of 56.99 feet to a point 43.77 feet left of and opposite Station 33+26.28 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441 ; thence S 42°04'57.2" E a distance of 10.00 feet to a point 33.78 feet left of and opposite Station 33+25.84 on said construction centerline laid out for SR 385/ OLD HISTORIC U.S. 441 ; thence S 46°03'22.4" W a distance of 56.66 feet back to the point of beginning. Containing 0.013 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: Fee simple title to the above described land as shown described within on the attached plats dated the 9th day of January, 2021; Sheet No. 1A, last revised December 5, 2023; Sheet No. 3, last revised December 5, 2023; Sheet No. 5, last revised December 5, 2023; Sheet No. 8, last revised October 24, 2023; and attached hereto as Annex 1-A.
Parcel No. 5 20-D.
Permanent easements are condemned for the right to construct and maintain slopes as shown on the attached plats 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.
Parcel No. 5 20-E.
2C-5/1-5/8/24