CIVIL ACTION FILE NO. 2024CV00
IN THE SUPERIOR COURT FOR THE COUNTY OF HALL STATE OF GEORGIA HALL COUNTY, GEORGIA, Petitioner-Condemnor, vs. FILE NO. 2024CV000647 That certain rights of way and certain easements over, across, and through certain property owned by BENJI BRONSON MILLER (the "Property"), said Property being located in Hall County, Georgia, being designated as tax map numbers 15020A000020, 15020A000011, and 15020A000031 by the taxing authorities of Hall County, said Properties being known as 3340 Seymour Road, 3331 Seymour Road, 3337 Seymour Road, respectively, and being the properties shown as PARCELS 4,5, and 6 on plans prepared by Volkert, Inc., entitled "White Sulphur Road Realignment Project," said plans having an approval date of February 14, 2023 (the "Project Plans"); said rights of way and easement consists of the following: That certain Right of Way shown on the Project Plans for Parcel 4, containing 0.027 acre, more or less; That certain Right of Way shown on the Project Plans for Parcel 5, containing 0.349 acre, more or less; That certain Right of Way shown on the Project Plans for Parcel 5, containing 0.127 acre, more or less; That certain Right of Way shown on the Project Plans for Parcel 6, containing 0.446 acre, more or less; That certain Permanent Easement, as shown on the Project Plans for Parcel 5, for the purpose Order and Judgment Civil Action File No. Page 1 of drainage, consisting of 0.229 acre, more or less; That certain Permanent Easement, as shown on the Project Plans for Parcel 5, for the purpose of drainage, consisting of 0.032 acre, more or less; That certain Permanent Easement, as shown on the Project Plans for Parcel 5, for the purpose of drainage, consisting of 0.521 acre, more or less; That certain Permanent Easement, as shown on the Project Plans for Parcel 6, for the purpose of drainage, consisting of 0.354 acre, more or less; That certain Permanent Easement, as shown on the Project Plans for Parcel 6, for the purpose of drainage, consisting of 0.031 acre, more or less; That certain Temporary Construction Easement , as shown on the Project Plans for Parcel 4, for the purpose of constructing slopes, consisting of 0.233 acre, more or less; That certain Temporary Construction Easement , as shown on the Project Plans for Parcel 5, for the purpose of constructing slopes, consisting of 0.046 acre, more or less; That certain Temporary Construction Easement , as shown on the Project Plans for Parcel 5, for the purpose of constructing slopes, consisting of 0.127 acre, more or less That certain Temporary Construction Easement, as shown on the Project Plans for Parcel 5, for the purpose of constructing slopes, consisting of 0.071 acre, more or less That certain Temporary Construction Easement , as shown on the Project Plans for 2 Parcel 6, for the purpose of constructing slopes, consisting of 0.632 acre, more or less; That certain Temporary Construction Easement , as shown on the Project Plans for Parcel 6, for the purpose of constructing slopes, consisting of 0.003 acre, more or less; That certain Temporary Construction Easement , as shown on the Project Plans for Parcel 6, for the purpose of constructing drives, consisting of 0.078 acre, more or less; BENJI BRONSON MILLER; MILLER'S GRADING, LLC; MERSCORP HOLDINGS, INC. (d/b/a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.), as nominee for Advanced Lending Network; MERSCORP HOLDINGS, INC. (d/b/a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.), as nominee for Quicken Loans, Inc.; Honorable Patty Walters Laine, Judge of the Probate Court of Hall County; Honorable Darla Eden, Tax Commissioner of Hall County, Georgia; and To any and all persons having or claiming any right or interest in and to said Property, Respondents-Condemnees. CIVIL ACTION FILE NO. 2024CV000647 (PARCEL NOS. 4, 5, and 6) CITATION CITATION TO: The above-named Respondents-Condemnees, together with any and all other persons, known and unknown, claiming any right, title, power, interest, ownership, equity, claim, or demand whatsoever in and to the property described on Attachment_I, attached hereto and by reference made a part hereof (the "Property), and all occupants, tenants, lessees, 3 licensees and all holders, owners, and users ofright of ways and easements in, across, over and under said Property. You are hereby notified that: (1) The above styled case is a condemnation in rem against the Property which was filed by Petitioner-Condemnor, Hall County, Georgia on April 15, 2024, under the provisions of O.C.G.A. $ 32-3-1, et seq., in connection with the White Sulphur Road Realignment Project (the "Project"), located in Hall County, Georgia, Purchase Order Number 1162100. (2) The plans for the Project were prepared by Volkert, Inc., entitled "White Sulphur Road Realignment Project," and have an approval date of February 14, 2023 (the "Project Plans"). The Project Plans are on file in the Board of Commissioner's Office. (3) The portions of the Property necessary to be acquired (hereinafter referred to collectively as the "Acquired Interests") include: (a) A right of way consisting of 0.027 acre, more or less. A metes and bounds description of said right of way is attached hereto as Attachment 2, and by reference made a part hereof; (b) A temporary easement, lasting two years, for the purpose of constructing slopes, consisting of 0.233 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 3, and by reference made a part hereof; (c) A permanent easement for the purpose of drainage, consisting of 0.349 acre, more or less. A metes and bounds description of said permanent easement is attached hereto as Attachment 4, and by reference made a part hereof; (d) A right of way consisting of 0.349 acre, more or less. A metes and bounds description of said right of way is attached hereto as Attachment 5, and by reference made a part hereof; (e) A right of way consisting of 0.127 acre, more or less. A metes and bounds description of said right of way is attached hereto as Attachment 6, and by reference made a part hereof; (f) A temporary easement, lasting two years, for the purpose of constructing and maintaining slopes, consisting of 0.046 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 7, and by reference made a part hereof; (g) A temporary easement, lasting two years, for the purpose of constructing and maintaining slopes, consisting of 0.127 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 8, and by reference made a part hereof; 4 (h) A temporary easement, lasting two years, for the purpose of constructing and maintaining slopes, consisting of 0.071 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 9, and by reference made a part hereof; (i) A permanent easement for the purpose of drainage, consisting of 0.032 acre, more or less. A metes and bounds description of said permanent easement is attached hereto as Attachment 10, and by reference made a part hereof; () A pennanent easement for the purpose of drainage, consisting of 0.521 acre, more or less. A metes and bounds description of said permanent easement is attached hereto as Attachment 11, and by reference made a part hereof; (k) A right of way consisting of 0.446 acre, more or less. A metes and bounds description of said tight of way is attached hereto as Attachment 12, and by reference made a part hereof; (1) A temporary easement, lasting two years, for the purpose of constructing and maintaining slopes, consisting of 0.632 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 13, and by reference made a part hereof; (m) A temporary easement, lasting two years, for the purpose of constructing and maintaining slopes, consisting of 0.003 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 14, and by reference made a part hereof; (n) A temporary easement, lasting two years, for the purpose of constructing driveways, consisting of0.078 acre, more or less. A metes and bounds description of said temporary easement is attached hereto as Attachment 15, and by reference made a part hereof; (o) A permanent easement for the purpose of drainage, consisting of 0.354 acre, more or less. A metes and bounds description of said permanent easement is attached hereto as Attachment 16, and by reference made a part hereof; and (p) A permanent easement for the purpose of drainage, consisting of 0.031 acre, more or less. A metes and bounds description of said permanent easement is attached hereto as Attachment 17, and by reference made a part hereof. (4) The following are the names of the owner or owners of the Property and all other persons having a claim against or interest in said Property, insofar as the same is known: BENJI BRONSON MILLER, MILLER'S GRADING, LLC, MERSCORP HODLINGS, INC., THE HONORABLE DARLA EDEN, TAX COMMISSIONER OF HALL COUNTY, GEORGIA, and THE HONORABLE PATTY WALTERS LAINE, JUDGE OF THE PROBATE COURT OF HALL COUNTY, GEORGIA. 5 (5) Petitioner-Condemnor exercised its power of taking the Acquired Interests by filing in the said proceeding a Declaration of Taking setting forth the necessity of taking the Acquired Interests for public road purposes. (6) Petitioner-Condemnor deposited with the Clerk of the Superior Court of Hall County the sum of $421,900.00 as the just compensation for the Acquired Interests. (7) Under the provisions of O.C.G.A. Section 32-3-1, et seq., upon filing the Declaration of Taking and payment of said sums into the registry of the Court, title to the Acquired Interests vested in Petitioner-Condemnor, Hall County, Georgia. (8) As provided in O.C.G.A. SSSS 32-3-13 through 32-3-19, if the owner of the Property, or any other person having a claim against or interest in the Property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited into the registry of the Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing ofthe Declaration and the deposit ofthe funds into Court, but not later than 30 days following the date of service as provided for in the O.C.G.A. SSSS 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 ofthe record in the proceedings. (9) In accordance with the provisions of the Official Code of Georgia Annotated, the above* named Petitioner-Condemnor has prayed the Court for immediate possession of the Acquired Interests, and all persons having any interest in or claim against the Property, as above set forth, are required by the Order of the Judge of said Court to immediately surrender possession of the Acquired Interests to Hall County, Georgia. This 16th day ofApril, 2024. Prepared by: Eric P. Wilbom Stewart, Melvin & Frost, LLP P.O. Box 3280 Gainesville, GA 30503 770/536-0101 ewilbom@smf-law.com Charles Baker Clerk of the Superior Court of Hall County, Georgia 6 Attachment 1 (Legal Description of the Entirety of Owner's Property) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 4 TAX MAP#: 15020A000020 3340 Seymour Road All that lot and parcel of land lying and being in land lot #19 of the 9th Land District of Hall County, Georgia, containing 3.27 acres and shown and Tract II on a Plat of Survey made by Tommy J. Phillips, registered land surveyor, dated 27 March 2007 and recorded in Plat Book 854, Page 129 of Hall County, Georgia Deed records, to which recorded plat this reference is made for a more particular description and which description is incorporated herein by reference. STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 5 TAX MAP #: 15020A000011 3331 Seymour Road All that tract or parcel of land lying and being in the Gainesville District of Hall County, Georgia and being described on a plat prepared by Jimmy D. Bullock and Associates, Georgia Registered Surveyor, No. 1765, dated January 21, 1988, and being entitled "Survey for Charles D. and Brenda L. Hallman," and being more particularly described as follows: BEGINNING at an iron pin on the southeast right-of-way of Seymour Road (40 ft. R/W) being 539.78 feet S 39deg 59' W of its intersection with the centerline of White Sulphur Road; Thence S 7deg 16' E 130.00 feet to an iron pin at a fence comer; Thence S 4deg 42' W 762.08 feet to an iron pin at a fence comer; Thence N 51deg 30' W 523.09 feet to a railroad iron; Thence N 72deg 22' E 415.83 feet to an iron pin; Thence N 4deg 42' E315.52 feet to an iron pin; Thence N 7deg 16' W 64.90 feet to an iron pin on the Southeast right-of-way of Seymour Road; Thence along said right-of-way N 35deg 31' E 71.26 feet to an iron pin and the POINT OF BEGINNING. Said tract containing 2.8 acres. This is the same property conveyed in that Corrective Warranty Deed from David Greenway 6 to Charles D. Hallman and Brenda L. Hallman recorded in Deed Book 1186, Page 103, of the Hall County, Georgia Deed Records. STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT#: 04-0107651 P.I. #: 1162100, PARCEL 6 TAX MAP #: 15020A000031 3337 Seymour Road All that tract of parcel of land lying and being in Land Lot 19 of the 9th District, Hall County, Georgia, containing2.01 acres and shown as Tract 1 on a plat of survey made by Tommy J. Phillips, Registered Surveyor, dated March 27, 2007 recorded in Plat Book 854, Page 129, Hall County, Georgia records, which plat is incorporated herein by reference and made a part hereof. 7 Attachment 2 (Parcel 4) (Legal Description of Right of Way) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 4 TAX MAP #: 150204000020 3340 Seymour Road Granted is additional, required right of way, in Fee Simple, based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet left of station 124+68.73 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding along the property now or formerly of Danji, LLC South 27deg56'26" West, 86.87 feet to a point 10.63 feet left of station 123+86.98; THENCE North 38deg03'34" West, 29.45 feet to a point 40.00 feet left of station 123+89.15; THENCE proceeding thru the property now or formerly of Benji B. Miller North 4742'14" East, 79.57 feet to the POINT OF BEGINNING. Said tract contains 1,168.66 square feet or 0.027 acre per the aforementioned right of way plans. 8 Attachment 3 (Parcel 4) (Legal Description of Temporary Slopes Easement) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 4 TAX MAP#: 15020A000020 3340 Seymour Road Granted is temporary easement for the construction of slopes based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet left of station 124+89.15 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 38deg03'34" West, 66.25 feet to a point 106.07 feet left of station 123+94.05; THENCE North 33deg43'34" West, 9.04 feet to a point 115.00 feet left of station 123+95.39; THENCE North 45deg57'52" East, 164.73 feet to a point 120.00 feet left of station 125+60.04; THENCE South 1 deg34'03" East, 79.18 feet to a point 60.00 feet left of station 125+08.38; THENCE South 42deg17'46" East, 5.75 feet to a point 54.25 feet left of station 125+08.38; THENCE South 27deg56'26" West, 42.14 feet to a point 40.00 feet left of station 124+68.73; THENCE South 47deg42'14" West, 79.57 feet to the POINT OF BEGINNING. Said tract contains 10,151.52 square feet or 0.233 acre per the aforementioned right of way plans. Said described land being a temporary easement for the construction of slopes. Said temporary easement is depicted in the Project Plans referenced abo e. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall terminate on the date which is fine (5) years after the date on which construction of the Project began. 9 Attachment 4 (Parcel 4) (Legal Description of Permanent Easement for Drainage) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 4 TAX MAP #: 15020A4000020 3340 Seymour Road Granted is permanent easement for drainage based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 54.25 feet left of station 125+08.38 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding thru the property of Benji B. Miller North 42deg17'46" West, 5.75 feet to a point 60.00 feet left of station 125+08.38; THENCE North 134'03" West, 79.18 feet to a point 120.00 feet left of station 125+60.04; THENCE North 044'18" East, 61.56 feet to a point 165.00 feet left of station 126+02.06; THENCE North 2348'13" East, 74.05 feet to a point 195.00 feet left of station 126+69.75; THENCE North 4742'14" East, 73.08 feet to a point 195.00 feet left of station 127+42.83; THENCE proceeding along the property of Benji B. Miller South 12deg07'24" West, 195.13 feet to a point 81.47 feet left of station 125+84.14; THENCE South 27deg56'26" West, 80.49 feet to the POINT OF BEGINNING. Said tract contains 9,994.55 square feet or 0.229 acre per the aforementioned right of way plans. 10 Attachment 5 (Parcel 5) (Legal Description of Right of Way) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 5 TAX MAP #: 15020A4000011 3331 Seymour Road Granted is additional, required right of way, in Fee Simple, based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet left of station 125+93.53 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding thru the property now or formerly of Benji B. Miller North 4742'14" East, 96.72 feet to a point 40.00 feet left of station 126+90.24; THENCE proceeding along the property now or formerly of Benji B. Miller North 6902'57" East, 219.79 feet to a point 40.00 feet right of station 128+94.96; THENCE proceeding thru the property now or formerly of Benji B. Miller South 4742'14" West, 283.31 feet to a point 40.00 feet right of station 126+11.65; THENCE proceeding along the property now or formerly of Danji, LLC North 5503'34" West, 82.03 feet to the POINT OF BEGINNING. Said tract contains 15,200.85 square feet or 0.349 acre per the aforementioned right of way plans. 11 Attachment 6 (Parcel 5) (Legal Description of Right of Way) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL5 TAX MAP#: 15020A000011 3331 Seymour Road Granted is additional, required right of way, in Fee Simple, based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet right of station 129+97.01 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding along the property now or formerly of Benji B. Miller North 1 deg22'24" East, 110.60 feet to a point 40.00 feet left of station 130+73.38; THENCE proceeding thru the property now or formerly of Benji B. Miller North 4742'14" East, 69.18 feet to a point 40.00 feet left of station 131+42.56; THENCE proceeding along the property now or formerly of Benji B. Miller South 1deg22'27" West, 110.60 feet to a point 40.00 feet right of station 130+66.19; THENCE proceeding thru the property now or formerly of Benji B. Miller South 4742'14 West, 69.18 feet to the POINT OF BEGINNING. Said tract contains 5,534.31 square feet or 0.127 acre per the aforementioned right of way plans. 12 Attachment 7 (Parcel 5) (Legal Description of Temporary Easement for Slopes) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 5 TAX MAP#: 15020A000011 3331 Seymour Road Granted is temporary easement for the construction of slopes based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 81.47 feet left of station 125+84.14 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 6902'57" East, 113.92 feet to a point 40.00 feet left of station 126+90.24; THENCE South 4742'14" West, 96.72 feet to a point 40.00 feet left of station 125+93.53; THENCE North 55deg02'00" West, 42.52 feet to the POINT OF BEGINNING. Said tract contains 2,005.23 square feet or 0.046 acre per the aforementioned right of way plans Said described land being a temporary easement for the construction of slopes. Said temporary easement is depicted in the Project Plans referenced abo e. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall tenninate on the date which is fine (5) years after the date on which construction of the Project began. 13 Attachment 8 (Parcel 5) (Legal Description of Temporary Easement for Slopes) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 5 TAX MAP#: 15020A000011 3331 Seymour Road Granted is temporary easement for the construction of slopes based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 60.00 feet right of station 127+96.40 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 4742'14" East, 149.74 feet to a point 60.00 feet right of station 129+46.13; THENCE North 6902'57" East, 24.85 feet to a point 69.05 feet right of station 129+69.28; THENCE North 1deg22'24" East, 12.51 feet to a point 60.00 feet right of station 129+77.92; THENCE North 4742'14" East, 69.18 feet to a point 60.00 feet right of station 130+47.10; THENCE South 122'27" West, 82.95 feet to a point 120.00 feet right of station 129+89.82; THENCE North 7531'41" West, 47.82 feet to a point 80.00 feet right of station 129+63.61; THENCE South 49deg25'00" West, 167.29 feet to a point 75.00 feet right of statlon 127+96.40; THENCE North 42917'46 West, 15.00 feet to the POINT OF BEGINNING. Said tract contains 5,549.12 square feet or 0.127 acre per the aforementioned right of way plans. Said described land being a temporary easement for the construction of slopes. Said temporary easement is depicted in the Project Plans referenced abo e. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall terminate on the date which is fine (5) years after the date on which construction of the Project began. 14 Attachment 9 (Parcel 5) (Legal Description of Temporary Easement for Slopes) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL5 TAX MAP#: 15020A000011 3331 Seymour Road Granted is temporary easement for the construction of slopes based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet left of station 130+73.38 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 122'24" East, 62.21 feet to a point 85.00 feet left of station 131+16.34; THENCE North 4742'14" East, 69.18 feet to a point 85.00 feet left of station 131+85.52; THENCE South 1deg22'27" West, 62.21 feet to a point 40.00 feet left of station 131+42.56; THENCE South 47deg42'14" West, 69.18 feet to the POINT OF BEGINNING. Said tract contains 3,113.11 square feet or 0.071 acre per the aforementioned right of way plans Said described land being a temporary easement for the construction of slopes. Said temporary easement is depicted in the Project Plans referenced above. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall terminate on the date which is fine (5) years after the date on which construction of the Project began. 15 Attachment 10 (Parcel 5) (Legal Description of Permanent Easement for Drainage) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 5 TAX MAP #: 15020A000011 3331 Seymour Road Granted is permanent easement for drainage based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 60.00 feet right of station 129+77.92 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding along the property now or formerly of Benji B. Miller North 1 deg22'24" East, 27.65 feet to a point 40.00 feet right of station 129+97.01; THENCE proceeding thru the property now or formerly of Benji B. Miller North 4742'14" East, 69.18 feet to a point 40.00 feet right of station 130+66.19; THENCE proceeding along the property now or formerly of Benji B. Miller South 1deg22'27" West, 27.65 feet to a point 60.00 feet right of station 130+47.10; THENCE proceeding thru the property now or formerly of Benji B. Miller South 47deg42'14" West, 69.18 feet to the POINT OF BEGINNING. Said tract contains 1,383.55 square feet or 0.032 acre per the aforementioned right of way plans 16 Attachment 11 (Parcel 5) (Legal Description of Permanent Easement for Drainage) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL5 TAX MAP #: 15020A000011 3331 Seymour Road Granted is permanent easement for drainage based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet right of station 126+11.65 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding thru the property now or formerly of Benji B. Miller North 4742'14" East, 283.31 feet to a point 40.00 feet right of station 128+94.96; THENCE proceeding along the property now or formerly of Benji B. Miller North 6902'57" East, 54.95 feet to a point 60.00 feet right of station 129+46.13; THENCE proceeding thru the property now or formerly of Benji B. Miller South 4742'14" West, 149.74 feet to a point 60.00 feet right of station 127+96.40; THENCE South 42deg17'46" East, 15.00 feet to a point 75.00 feet right of station 127+96.40; THENCE South 42deg17'46" East, 15.00 feet to a point 90.00 feet right of station 127+96.40; THENCE South 537'24" West, 193.98 feet to a point 220.00 feet right of station 126+52.42; THENCE proceeding along the property now or formerly of Danjl, LLC North 5503'34" West, 184.56 feet to the POINT OF BEGINNING. Said tract contains 22,709.39 square feet or 0.521 acre per the aforementioned right of way plans. 17 Attachment 12 (Parcel 6) (Legal Description of Right of Way) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 6 TAX MAP#: 15020A000031 3337 Seymour Road Granted is additional, required right of way, in Fee Simple, based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet left of station 126+90.24 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding thru the property now or formerly of Benji B. Miller North 4742'14" East, 383.14 feet to a point 40.00 left of station 130+73.38; THENCE proceeding along the property now or formerly of Benji B. Miller South 1 deg22'24" West, 110.60 feet to a point 40.00 feet left of station 130+73.38; THENCE proceeding thru the property now or formerly of Benji B. Miller South 4742'14" West, 102.06 feet to a point 40.00 feet right of station 128+94.96; THENCE proceeding along the property now or formerly of Benji B. Miller South 6902'57" West, 219.79 feet to the POINT OF BEGINNING. Said tract contains 19,407.71 square feet or 0.446 acre per the aforementioned right of way plans. 18 Attachment 13 (Parcel 6) (Legal Description of Temporary Easement for Slopes) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 6 TAXMAP#: 15020A000031 3337 Seymour Road Granted is temporary easement for the construction of slopes based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet left of station 127+26.57 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 2127'06" West, 162.83 feet to a point 192.18 feet left of station 127+84.51; THENCE North 61 deg29'23" East, 48.41 feet to a point 180.64 feet left of station 128+31.53; TI-IENCE South 8507'54" East, 82.69 feet to a point 120.00 feet left of station 128+87.75; THENCE North 88deg34'02" East, 53.50 feet to a point 85.00 feet left of station 130+20.21; TI-IENCE North 47deg42'14" East, 92.00 feet to a point 85.00 left of station 130+20.21; THENCE North 47deg42'14" East, 96.13 feet to a point 85.00 feet left of station 131 + 16.34; THENCE South 1 deg22'24" West., 62.21 feet to a point 40.00 feet left of station 130+073.38 THENCE South 47deg42'14" West, 53.17 feet to the POINT OF BEGINNING. Said tract contains 27,522.38 square feet or 0.632 acre per the aforementioned right of way plans. Said described land being a temporary easement for the construction of slopes. Said temporary easement is depicted in the Project Plans referenced above. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall terminate on the date which is fine (5) years after the date on which construction of the Project began. 19 Attachment 14 (Parcel 6) (Legal Description of Temporary Easement for Slopes) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 6 TAX MAP#: 15020A000031 3337 Seymour Road Granted is temporary easement for the construction of slopes based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being In Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 60.00 feet right of station 129+46.13 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 47deg42'14" East, 31.79 feet to a point 60.00 feet right of station 129+77.92; THENCE South 1deg22'24" West, 12.51 feet to a point 69.05 feet right of station 129+69.28; THENCE South 6902'57" West, 24.85 feet to the POINT OF BEGINNING. Said tract contains 143.78 square feet or 0.003 acre per the aforementioned right of way plans Said described land being a temporary easement for the construction of slopes. Said temporary easement is depicted in the Project Plans referenced above. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall terminate on the date which is fine (5) years after the date on which construction of the Project began. 20 Attachment 15 (Parcel 6) (Legal Description of Temporary Easement for Construction of Driveways) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 6 TAX MAP#: 15020A000031 3337 Seymour Road Granted is temporary easement for the construction of driveways based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 85.00 feet left of station 129+46.13 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE North 42deg17'46" West, 59.83 feet to a point 145.00 feet left of station 129+46.13; THENCE North 4742'14" East, 58.37 feet to a point 145.00 feet left of station 130+04.50; THENCE South 3843'10" East, 60.12 feet to a point 85.00 feet left of station 130+00.75; THENCE South 47deg52'40" West, 54.62 feet to the POINT OF BEGINNING. Said tract contains 3,385.18 square feet or 0.078 acre per the aforementioned right of way plans Said described land being a temporary easement for the construction of driveways. Said temporary easement is depicted in the Project Plans referenced above. Said temporary easement shall be for a duration beginning on the date construction of the project begins and shall terminate on the date which is fine (5) years after the date on which construction of the Project began. 21 Attachment 16 (Parcel 6) (Legal Description of Permanent Easement for Drainage) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT #: 04-0107651 P.I.#: 1162100, PARCEL 6 TAX MAP #: 15020A4000031 3337 Seymour Road Granted Is permanent easement for drainage based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 81.47 feet left of station 125+84.14 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding along the property now or formerly of Benji B. Miller North 1207'24" East, 195.13 feet to a point 195.00 feet left of station 127+42.83; THENCE North 4742'14" East, 20.78 feet to a point 195.00 feet left of station 127+63.61; THENCE North 5523'59" East, 21.09 feet to a point 192.18 feet left of station 127+84.51; THENCE proceeding thru the property now or formerly of Benji B. Miller South 21 deg27'06" East, 162.83 feet to a point 40.00 feet left of station 127+26.57; THENCE South 4742'14" West, 36.33 feet to a point 40.00 feet left of station 126+90.24; THENCE proceeding along the property now or formerly of Benji 8. Miller South 6902'57" West, 113.92 feet to the POINT OF BEGINNING. Said tract contains 15,411.48 square feet or 0.354 acre per the aforementioned right of way plans. 22 Attachment 17 (Parcel 6) (Legal Description of Permanent Easement for Drainage) STATE OF GEORGIA COUNTY OF HALL OWNER: BENJI BRONSON MILLER PROJECT#: 04-0107651 P.I. #: 1162100, PARCEL 6 TAX MAP #: 15020A000031 3337 Seymour Road Granted is permanent easement for drainage based on the plans mentioned herein and more particularly described below. All that tract or parcel of land lying and being in Georgia Militia District 411 (Gainesville), Hall County, Georgia and being more particularly described as follows: Beginning at a point lying 40.00 feet right of station 128+94.96 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE proceeding thru the property now or formerly of Benji B. MIiier North 4742'14" East, 102.06 feet to a point 40.00 feet right of station 129+97.01; THENCE proceeding along the property now or formerly of Benji B. Miller South 1deg22'24" West, 27.65 feet to a point 60.00 feet right of station 129+77.92; THENCE proceeding thru the property now or formerly of Benji B. Miller South 4742'14" West, 31.79 feet to a point 60.00 feet right of station 129+46.13; THENCE proceeding along the property now or formerly of Benji B. Miller South 6902'57 West, 54.95 feet to the POINT OF BEGINNING. Said tract contains 1,338.43 square feet or 0.031 acre per the aforementioned right of way plans 23 134380 5/1, 5/8