• CITATION IN THE SUPERIOR COUR...

CITATION IN THE SUPERIOR COURT OF MUSCOGEE COUNTY, GEORGIA COLUMBUS, GEORGIA, Petitioner, *CIVIL ACTION FILENO. vs. *SU18CV1904 - 08 * PART OF LAND LOT 99, COWETA IN REM: RESERVE, A/K/A 2997 BUENA VISTA ROAD, COLUMBUS, MUSCOGEE COUNTY, GEORGIA; J&J LEE, INC.; SUMIRA IMTIAZ; RABIA SERVICES, INC.; YASMEEN A. CHOUDHARY; MARYAM SERVICES, INC.; AND/OR ANY OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WHOMSOEVER, WHOSE NAMES AND/OR ADDRESSES ARE UNKNOWN; THE TAX COMMISSIONER, COLUMBUS, MUSCOGEE COUNTY, GEORGIA, AND ANY AND ALL OTHER PERSONS, WHOMSOEVER, HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST, WHATSOEVER, IN SAID LANDS, Respondents. The said named persons and any and all other persons, whomsoever, known and unknown, claiming any right, title, power, interest, ownership, equity, claim, or demand in and to the property hereinafter described, and all occupants, tenants, lessees, licensees and all holders, owners and users of ways and easements in, across, over and under said lands are hereby notified, under the provisions of Georgia Laws 1973, pp. 959, 1006-1007, 1009-1023, which Laws provide for the exercise of the power of eminent domain by the State of Georgia, or any of its subdivision, or by any county or municipality 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 2nd day of August, 2018. That in accordance with the provisions of the aforesaid Act of the General Assembly, a Declaration of Taking, duly authorized and properly executed as provided by said statute, has been made and filed in said case, declaring the necessity for, and exercising the power of, taking the said described property for county road, municipal street, State-aid public road purposes, thereby vesting the title to same in Columbus, Georgia, which has deposited with the Clerk of the Superior Court for said County $714,737.00 as the just compensation for the said property described, and all persons claiming such fund or any interest therein, whomsoever, are hereby required to make known their claims to the Court. That in accordance with the provisions of said Act, the Petitioner has prayed the Court for immediate possession of said property, and all persons having any interest in or claim against such property, all as above set forth, are required by the Order of the Judge of said Court, made and filed in said case on the 2nd day of August, 2018, to show cause before Judge Arthur L. Smith, III in his Chambers on the 7th floor of the Columbus, Georgia Government Center, on the 21st day of September, 2018, at 2:00 o'clock P.M., why such prayers for immediate possession should not be granted. That in accordance with Ga. Laws 1973, pp. 959, 1017-1023, 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 into the Registry of this Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of such Declaration and the depositing of the fund into Court, but not later than 30 days following the date of service, all as provided for in Section 32-3-9 of the Official Code of Ga. Ann. and in Section 95A-606 of the Ga. Code Ann., to file with this Court a notice of appeal, the same to be in writing and made a part of the record in these proceedings. The said property, as thus affected and condemned in fee, is described as follows: Project No. STP00-000-00(473) All that tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, and being PART OF LAND LOT 99 of the COWETA RESERVE of said County, the tract and parcel hereby conveyed being shown upon a plat recorded in Plat Book 67, Folio 87 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia and being located within the following metes and bounds: STARTING at a point formed by the intersection of the northeasterly line of Buena Vista Road with the northwesterly line of Illges Road as said roads existed on December 14, 1977, as shown on the aforementioned plat, and from said starting point running thence North 63 degrees 9 1/2 minutes West, along the then existing Northeasterly line of Buena Vista Road, a distance of 152.25 feet to a point; running thence North 36 degrees 10 minutes East a distance of 5.20 feet to an iron pin that is the POINT OF BEGINNING of the tract and parcel hereby conveyed, and from said Point of Beginning running thence North 36 degrees 10 minutes East a distance of 144.8 feet to an iron pin; running thence South 63 degrees 19 1/2 minutes East a distance of 152.25 feet to an iron pin located on the Northwesterly line of Illges Road; running thence South 36 degrees 10 minutes West, along the northwesterly line of Illges Road, a distance of 45.2 feet to a drill hole in concrete; running thence North 53 degrees 50 minutes West a distance of 5 feet to a nail and cap; running thence South 36 degrees 10 minutes West a distance of 30 feet to a drill hole; running thence South 55 degrees 58 minutes West a distance of 26.57 feet to a nail and cap; running thence South 65 degrees 26.5 minutes west a distance of 59.5 feet to a nail and cap; and running thence North 63 degrees 16 minutes 45 seconds West, along the widened Northeasterly line of Buena Vista Road and at a distance of 35 feet from the centerline of said road, a distance of 108.54 feet to the Point of Beginning. This the 2nd day of August, 2018. s/Audra Kuresa DEPUTY CLERK, SUPERIOR COURT MUSCOGEE COUNTY, GEORGIA PUB:Aug10,17,2018 0003793896