Notice Content
In The Superior Court of Gilmer County State of Georgia Civil Action File Number 2016-CV-200 In Rem Condemnation Proceedings Georgia Transmission Corporation, (An Electric Membership Corporation), Condemnor vs A certain parcel of land described as follows: Said property being that conveyed to Grantors by Starlit Amusement Company, Inc. on October 27, 1993 by Warranty Deed recorded in Deed Book 388, page 242, GilmerCounty Records. All that tract or parcel of land lying and being in Original Land Lots Numbers 246, 247, 258, and 259 of the 25th District, 2nd Section of Gilmer County, Georgia, containing 135 acres, more or less, as per plat made by Dugger Kiker, Registered Surveyor No. 1551, dated October, 1967, filed for records in the office of the Clerk of the Superior Court of Gilmer County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the southeast corner of Land Lot 258 , and running thence along the west original land lot line of Land Lot 258 a distance of 838 feet, more or less, to a black oak tree marked with 3 hacks as a wire fence; thence along said fence 245 feet, more or less, to an iron pin located 2 feet south of a yellow pine tree marked with 3 hacks, said pin being located 6 feet east of Tails Creek; thence running in a southeasterly direction along the meanderings of Tails Creek 1750 feet, more or less, to a large rock located approximately in the center of Tails Creek; thence due south 550 feet, more or less, to an iron pin; thence west a distance of 1822 feet, more or less, to an iron pin located on the east side of an old public road, thence north 250 feet, more or less, to a point; thence west 73 feet, more or less, to an iron pin; thence north 500 feet, more or less, to an iron pin on the east side of an old road; thence along said old road 283 feet, more or less, to a point where the west original land lot line of Land Lot 259 coincides with the public road; thence along said original line 600 feet to an iron pin at the northwest corner of Land Lot 259; thence south 89 degrees 29 minutes west 392 feet to an iron pipe on the east side of an road; thence running in a northwesterly direction along said old road 1276.9 feet, more or less, to an iron pipe at the property of Kiker; thence running in a northeasterly direction 1053.3 feet to an iron pipe located at 60 feet from Tails Creek; thence continuing in a northeasterly direction and crossing Tails Creek to iron pipe 5 feet from Tails Creek; thence north 75 degrees 38 minutes east 140 feet to a point; thence southeasterly 1717.5 feet, more or less, to rock corner on east original land lot line of Land Lot 258; thence south 18 minutes west 1085 feet to iron pipe at point of beginning. W.W. Fincher, Jr., Frances Fincher Hansford, Nathaniel Fincher Hansford, Mary Frances Hansford, Mary Jane Fincher Peterson, Phyllis Fincher Parsons, Hugh Peterson, III, Richard R. Peterson, William Peterson, Patience Peterson, Eunice L. Fincher, Fincher-Loughridge Enterprises, L.L.L.P., The Honorable Anita Mullins, Judge, Probate Court of Gilmer County, Georgia, Rebecca Marshall, Tax Commissioner of Gilmer County, Georgia, and to any and all other persons having or claiming any right or interest in and to said described land. Condemnees. Consent Order Appointing Special Master The foregoing Petition having been filed and the parties having appeared at the Rule Nisi scheduled on May 10, 2016, and the parties having conferred and agreed regarding the appointment of a Special Master, it is hereby ordered: That David Barrett, a licensed and duly qualified attorney, residing in the Enotah Judicial Circuit and of more than three years experience in the practice of law, is hereby appointed as Special Master in and for said Judicial Circuit to discharge the duties of Special Master in this case as provided for by the Act of the General Assembly approved March 13, 1957 (Georgia Laws 1957, page 387 et seq., as amended; O.C.G.A. 22-2-100 et seq., as amended) and that said Special Master make and file in the Office of the Clerk of this Court the oath and affidavit required by aforesaid Act of the General Assembly; and, That all persons owning or claiming any right, title, interest, claim or demand in and to the parcel of land described in the foregoing Petition, appear before such Special Master on the 6th day of July, 2016, at 10 o'clock a.m. at the following location: Gilmer County Superior Courthouse, One Broad Street, Ellijay, GA 30540 Room B to make known their rights; and That, at such times and place, the Special Master herein named shall proceed to hear evidence as to the value of the realty sought to be condemned and any other matters material to the respective rights of the parties, all as provided by law, and that after hearing such evidence, such Special Master shall make and file with the Clerk of this Court an award and report of his findings, which award shall be filed with such Clerk within three days from the date of such hearing and served on the parties as provided by law and shall be sent by certified and regular mail; and That a copy of this Order be served in the manner provided for in said Act approved March 13, 1957 (Ga. Laws 1957, Page 387 et seq., as amended; O.C.G.A. Section 22-2-107 et seq., as amended) upon the Defendants named in the foregoing Petition and upon any and all other persons having or claiming any right or interest in and to said parcels of land or, upon agreement, by and through counsel for the respective Defendants. SO ORDERED, this the 10th day of May, 2016. Howard E. Cook Judge, Gilmer County Superior Court Consented to by: Bentley, Bentley & Bentley Fred D. Bentley, Jr. Georgia Bar No. 052850 Attorney for Atlanta Gas Light Company 241 Washington Ave., Marietta, Georgia 30060 (770)422-2300 Telephone (770)424-5820 Tax Fred.bentley@bbandblaw.com Law Offices of David E. Ralton Georgia Bar No. 592850 Attorney for Condemnees 266 Orvin Lance Drive, Suite 107, Blue Ridge, Georgia 30513 (706)632-2221 Telephone (706)632-6193 Fax June 29. 250564
Back