CIVIL ACTION FILE NO. 2024CV00
IN THE SUPERIOR COURT FOR THE COUNTY OF HALL STATE OF GEORGIA HALL COUNTY, GEORGIA, Petitioner-Condemnor, vs. That certain right of way and certain easements over, across, and through certain property owned by Carol Ann Brown and Scott Puckett, Co-Trustees of the William and Patricia Puckett Irrevocable Trust, dated November 1, 2010, said property being located in Hall County, Georgia, being designated as tax map number 15020A000009 by the taxing authorities of Hall County, said property being known as 3330 White Sulphur Road, and being the property shown as PARCEL 8 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 easements consist of the following: That certain Right of Way shown on the Project Plans for Parcel 8, containing 1.069 acres, more or less; That certain Permanent Easement, as shown on the Project Plans for Parcel 8, for the purpose of drainage, consisting of 0.416 acre, more or less; That certain Temporary Construction Easement, as shown on the Project Plans for Parcel 8, for the purpose of constructing slopes, consisting of 0.798 acre, more or less; That certain Temporary Construction Easement, as shown on the Project Plans for Parcel 8, for the purpose of constructing drives; CAROL ANN BROWN AND SCOT1 PUCKETT, as Co-Trustees of the William and Order and Judgment Civil Action File No. CITATION Page 1 Patricia Puckett Irrevocable Trust, dated November 1, 2010; 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. 2024CV000649 (PARCEL NO. 8) 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 1, attached hereto and by reference made a part hereof (the "Property"), and all occupants, tenants, lessees, licensees and all holders, owners, and users of right ofways 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. SS 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 1.069 acres, more or less. A metes and bounds description of said right ofway is attached hereto as Attachment 2, and by reference made a part hereof; (b) A permanent easement for drainage, consisting of 0.416 acre, more or less. A metes and bounds description of said permanent easement is attached hereto as Attachment 3, and by reference made a part hereof;; (c) A temporary easement for constructing slopes, consisting of 0.798 acre, more or 2 less. A metes and bounds description of said right of way is attached hereto as Attachment 4, and by reference made a part hereof; and (d) A temporary easement for constructing drives, as described in Attachment 5. A metes and bounds description of said right of way is attached hereto as Attachment 5, 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: CAROL ANN BROWN AND SCOTT PUCKETT, CO-TRUSTEES OF THE WILLIAM AND PATRICIA PUCKETT IRREVOCABLE TRUST, DATED NOVEMBER 1, 2010, 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) 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 $36,000.00 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. $$ 32-3-13 through 32-3-19, if the owner of the Property, or any other person having a claim against or interest in the Property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited into the registry of the Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the deposit of the funds into Court, but not later than 30 days following the date of service as provided for in the O.C.G.A. $$ 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. (9) In accordance with the provisions of the Official Code of Georgia Annotated, the above* named Petitioner-Condemner 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. The 16th day of April, 2024. Prepared by: Charles Baker Clerk of the Superior Court of Hall County, Georgia 3 Eric P. Wilborn Stewart, Melvin & Frost, LLP P.O. Box 3280 Gainesville, GA 30503 770/536-0 IO I ewi[born@smf-law.com 4 Attachment 1 (Legal Description of the Entirety of Owner's Property) STATE OF GEORGIA COUNTY OF HALL OWNER: Carol Ann Brown and Scott Puckett, Co-Trustees PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 8 TAX MAP#: 15020A000009 3330 White Sulphur Road All that tract or parcel of land lying and being in the Gainesville District of Hall County, Georgia, containing 4 acres, more or less, and being the residence and homeplace of Mr. H.J. Coley, deceased, and more particularly described as follows: BEGINNING at the right-of-way of Southern Railroad where Airline public road crosses same and running thence along said Airline Road In a southeasterly direction 800 feet to corner; thence in a westerly direction 400 feet crossing branch to corner; thence in a northwesterly direction to corner on right-of - way of Southern Railroad; thence along right-of-way of Southern Railroad to the beginning corner a distance of 75 feet. Said property Is the same property described in a Warranty Deed from S. I. Baugh to H.J. Coley dated May 9, 1946 and recorded in Deed Book 102, Page 494, Hail County, Georgia Deed Records. This being the same property as described In a Warranty Deed dated April 28, 1989 from Clara Gaines Coley to Patricia Coley Puckett as recorded in Deed Book 1341, Page 268 of the Hall County, Georgia Deed Records. 5 Attachment 2 (Legal Description of Right of Way) STATE OF GEORGIA COUNTY OF HALL OWNER: Carol Ann Brown and Scott Puckett, Co-Trustees PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL 8 TAX MAP#: 15020000009 3330 White Sulphur Road 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 137+07.86 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 North 38deg43'39" West, 58.95 feet to a point 98.95 feet left of station 137+08.09; THENCE North 3843'39" West, 16.05 feet to a point 115.00 feet left of station 137+08.14; THENCE North 3843'39" West, 148.53 feet to a point 263.53 feet left of station 137+08.57; THENCE North 3843'39" West, 39.01 feet to a point 302.53 feet left of station 137+08.65, said point also being on the southeastern right of way of Norfolk Southern Railroad, said right of way varies in width; THENCE along said right of way North 5548'10" East, 64.08 feet to a point 299.54 feet left of station 137+51.28, said point also being on the existing southwestern right of way of White Sulphur Road, said right of way being 80 feet In width; THENCE along said right of way South 51 deg44'42" East, 142.66 feet to a point 164.17 feet left of station 137+83.87; THENCE along a curve to the left having a radius of 340.00 feet and an arc length of 210.41 feet, being subtended by a chord bearing and distance of South 69deg28'25 East, 207.07 feet to a point 13.66 feet left of station 139+08.70; THENCE South 8712'08" East, 165.93 feet to a point 29.19 feet right of station 140+71.71 (Attachment 2 continued on next page) 5 THENCE along a curve to the right having a radius of 860.00 feet and an arc length of 127.22 feet, being subtended by a chord bearing and distance of South 82deg57'52" East, 127.10 feet to a point 40.00 feet right of station 142+06.39; THENCE leaving said right of way and proceeding thru the property now or formerly of Carol Ann Brown, et al along a curve to the left having a radius of 560.00 feet and an arc length of 350.26 feet, being subtended by a chord bearing and distance of South 8041'57" W est, 344.58 feet to a point 40.00 feet right of station 138+31.11; THENCE along a curve to the left having a radius of 560.00 feet and an arc length of 22.28 feet, being subtended by a chord bearing and distance of South 61deg38'29 W est, 22.28 feet to a point 40.00 feet right of station 138+07.24; THENCE along a curve to the left having a radius of 560.00 feet and an arc length of 93.12 feet, being subtended by a chord bearing and distance of South 5544'16" W est, 93.01 feet to a point 40.00 feet right of station 137+07.47; THENCE proceeding along the property now or formerly of Danj, LLC North 38deg43'38" W est, 80.00 feet to the POI NT OF BEGINNING. Said tract contains 46,553.68 square feet or 1.069 acres per the aforementioned right of way plans. 6 Attachment 3 (Legal Description of Permanent Easement for Drainage) STATE OF GEORGIA COUNTY OF HALL OWNER: Carol Ann Brown and Scott Puckett, Co-Trustees PROJECT #: 04-0107651 P.I. #: 1162100, PARCEL8 TAX MAP #: 15020000009 3330 White Sulphur Road 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 137+07.47 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 Carol Ann Brown, et al along a curve to the right having a radius of 560.00 feet and an arc length of 93.12 feet, being subtended by a chord bearing and distance of North 5544'16" East, 93.01 feet to a point 40.00 feet right of station 137+07.24; THENCE along a curve to the right having a radius of 560.00 feet and an arc length of 22,28 feet, being subtended by a chord bearing and distance of North 6138'29" East, 22.28 feet to a point 40.00 feet right of station 138+31.11; THENCE South 5428'57" East, 194.63 feet to a point 202.87 feet right of station 139+66.97; THENCE South 5022'05" East, 15.14 feet to a point 215.00 feet right of station 139+80.88; THENCE South 5226'05" West, 40.33 feet to a point 230.00 feet right of station 139+21.34; THENCE North 74deg58'50" West, 220.21 feet to a point 75.00 feet right of station 137+07.26; THENCE proceeding along the property now or formerly of Danji, LLC North 3843'39" West, 35.00 feet to the POINT OF BEGINNING. Said tract contains 18,118.76 square feet or 0.416 acre per the aforementioned right of way plans. 7 Attachment 4 (Legal Description of Temporary Easement for Slopes) STATE OF GEORGIA COUNTY OF HALL OWNER: Caro) Ann Brown and Scott Puckett, Co-Trustees PROJECT#: 04-0107651 P.I. #: 1162100, PARCEL 8 TAX MAP #: 15020000009 3330 White Sulphur Road 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 138+31.11 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE along a curve to the right having a radius of 560.00 feet and an arc length of 350.26 feet, being subtended by a chord bearing and distance of North 8041'57" East, 344.58 feet to a point 40.00 feet right of station 142+06.39; THENCE along a curve to the left having a radius of 860.00 feet and an arc length of 7.83 feet, being subtended by a chord bearing and distance of South 7827'57" East, 7.83 feet to a point 40.34 feet right of station 142+14.76; THENCE South 7812'19" East, 21.35 feet to a point 40.82 feet right of station 142+37.65; THENCE along a curve to the left having a radius of 660.00 feet and an arc length of 124.61 feet, being subtended by a chord bearing and distance of South 7247'46" East, 124.43 feet to a point 39.13 feet right of station 143+71.15; THENCE South 37deg41'42" West, 104.32 feet to a point 140.00 feet right of station 143+39.83; THENCE along a curve to the left having a radius of 443.49 feet and an arc length of 68.87 feet, being subtended by a chord bearing and distance of North 72deg55'44" West, 68.80 feet to a point 140.00 feet right of station 142+50.00' THENCE North 2725'16" West, 78.04 feet to a point 77.96 feet right of station 141+92.01; THENCE North 8522'31" West, 38.84 feet to a point 78.29 feet right of station 141+47.35; THENCE North 63deg49'39" West, 29.83 feet to a point 65.84 feet right of station 141+16.54; THENCE North 8331'53" West, 39.45 feet to a point 60.00 feet right of station 140+72.95; (Attachment 4 continued on next page) 8 THENCE South 8526'31" West, 8.16 feet to a point 60.00 feet right of station 140+63.88; THENCE South 1820'41" West, 161.23 feet to a point 202.87 feet right of station 139+66.97; THENCE North 54deg28'57" West, 194.63 feet to the POINT OF BEGINNING. Said tract contains 34,761.10 square feet or 0.798 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 five (5) years after the date on which construction of the Project began. 9 Attachment 5 (Legal Description of Temporary Easement for Drives) STATE OF GEORGIA COUNTY OF HALL OWNER: Carol Ann Brown and Scott Puckett, Co-Trustees PROJECT #: 04-0107651 P.1. #: 1162100, PARCEL 8 TAX MAP#: 15020000009 3330 White Sulphur Road Beginning at a point lying 78.29 feet right of station 141+47.35 per right of way plans prepared by Volkert for Department of Public Works, Hall County, Proposed White Sulphur Road Realignment; THENCE South 85deg22'31" East, 22.00 feet to a point 78.46 feet right of station 141+72.66; THENCE South 4deg11'16" West, 11.54 feet to a point 90.00 feet right of station 141+72.94; THENCE North 8548'44" West, 22.00 feet to a point 90.00 feet right of station 141+47.06; THENCE North 4deg11'16" East, 11.71 feet to the POINT OF BEGINNING. Said tract contains 255.75 square feet or 0.006 acre per the aforementioned right of way plans. Said described land being a temporary easement for the construction of drives. 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 five (5) years after the date on which construction of the Project began. 10 134383 5/1, 5/8