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State of Tennessee vs. Unknown Heirs of Elvis Claybon

By The Leader on November 27, 2019

IN THE CIRCUIT COURT OF TENNESSEE FOR THE 25TH JUDICIAL DISTRICT AT COVINGTON TIPTON COUNTY

STATE OF TENNESSEE, on relation of COMMISSIONER OF THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT, and the MEMPHIS REGIONAL  MEGASITE AUTHORITY for and on behalf of SAID DEPARTMENT and AUTHORITY,
PETITIONER,

VS.

TRACT OF LAND CONTAINING A TOTAL 1.5 ACRES AND LOCATED IN TIPTON COUNTY, TENNESSEE; THE UNKNOWN HEIRS OF ELVIS CLAYBON, DECEASED, LOCATIONS UNKNOWN; AND ANY AND ALL PERSON OR ENTITIES WHO HAVE OR MAY HAVE AN INTEREST IN AND TO THE TRACTS OF LAND BEING CONDEMNED IN THIS CAUSE;
DEFENDANTS.

DOCKET NO. 7713

A PERMANENT FORCE MAIN EASEMENT AND RIGHT-OF-WAY, TIPTON COUNTY, TENNESSEE

PROJECT TRACT 8

TAX MAP 135 PARCEL 9.00

JURY DEMAND

NOTICE OF PUBLICATION

TO: ANY UNKNOWN
HEIRS OF ELVIS
CLAYBON, DECEASED,
AND ANY AND ALL PERSON OR ENTITIES WHO HAVE OR MAY HAVE AN INTEREST IN AND TO THE TRACTS OF LAND BEING CONDEMNED IN THIS CAUSE

Please take notice that on the 31st day of October, 2019 an In Rem Petition for Condemnation was filed in this Court against you, pursuant to Section 29-17-701 et seq of the Tennessee Code Annotated, praying for the condemnation for public purposes of the hereinafter described tract of land in which you have or may have an interest or right. The Petitioner seeks to acquire said property rights in Tipton County, Tennessee. The property to be condemned in this cause is more particularly described as follows:

TIPTON COUNTY TAX MAP 135, PARCEL 9.00

10’ PERMANENT
EASEMENT FOR
SANITARY SEWER – 0.05 ACRES

BEGINNING in the south margin of Highway 79, 30 feet from the centerline, at Royal Smith’s northeast corner as described in Deed Book 389, Page 394 in the Register’s Office of Tipton County, Tennessee, being Elvis Clayton’s northwest corner as described in Deed Book 525, Page 347 of which the herein described easement is a portion, said point of beginning having Tennessee State Plane Coordinates of  N 420041.49, E 933374.54; runs thence with the south margin of Highway 79, north 68 degrees 29 minutes 27 seconds east 220.00 feet to Esther Claybon’s northwest corner as described in Deed Book 809, Page 540, having Tennessee State Plane Coordinates of N 420122.15, E 933579.22; runs thence with Claybon’s west line, south 05 degrees 32 minutes 21 seconds east 10.40 feet to the southeast corner of the herein described easement; runs thence 10 feet south of and parallel to the south margin of Highway 79, south 68 degrees 29 minutes 27 seconds west 221.52 feet to Smith’s east line, being the southwest corner of the herein described easement; runs thence with Smith’s east line, north 02 degrees 07 minutes 52 seconds west 10.92 feet to the point of beginning containing 2,207.58 square feet or 0.05 acres of land as surveyed by Surveying Services, Inc., 41 Heritage Square, Jackson, Tennessee 38305 (731-664-0807).

The above described permanent easement shall be for the purpose of installing, construction, maintaining, repairing, operating, inspecting and removing force main lines and all fixtures, structures and appurtenances incidental thereto needed for the Pipeline Project in, over, and through the above-described tract of land for the development and use of the Megasite in Tipton County, Tennessee.

10’ TEMPORARY
CONSTRUCTION
EASEMENT – 0.05 ACRES

BEGINNING in Royal Smith’s east line as described in Deed Book 389, Page 394 in the Register’s Office of Tipton County, Tennessee, at the southwest corner of the above described 10’ permanent Force Main Easement and being a portion of Elvis Clayton’s property as described in Deed Book 525, Page 347; runs thence with the south line of the above described 10’ Permanent Force Main Easement, north 68 degrees 29 minutes 27 seconds east 221.52 feet to Esther Claybon’s west line as described in Deed Book 809, Page 540; runs thence with Claybon’s west line, south 05 degrees 32 minutes 21 seconds east 10.40 feet to the southeast corner of the herein described easement; runs thence 10 feet south of and parallel to the south line of the above described easement; runs thence 10 feet south of and parallel to the south line of the above described 10’ Permanent Force Main Easement, south 68 degrees 29 minutes 27 seconds west 223.03 feet to Smith’s east line, being the southwest corner of the herein described easement; runs thence with Smith’s east line, north 02 degrees 07 minutes 52 seconds east 10.92 feet to the point of beginning containing 2,222.73 square feet or 0.05 acres of land as surveyed by Surveying Services, Inc., 41 Heritage Square, Jackson, Tennessee 38305 (731-664-0807).

The above described
temporary construction
easement shall be used for the purpose of installing and constructing force main lines and all fixtures, structures, and appurtenances
incidental thereto for the Pipeline Project. The
Temporary Construction
Easement shall expire
three (3) years from the visible commencement of easement construction on the premises described herein.

You must plead, answer, or except to same as provided by law, or the In Rem Petition will be taken as confessed against you, whereupon the case will then be set for a hearing upon the record and in your absence.

IT IS ORDERED that
publication of this notice be made for four consecutive weeks in THE LEADER, a newspaper published in Covington, Tipton County, Tennessee.

This the 31st day of October, 2019.

CIRCUIT COURT CLERK

Mike Forbess

T. Leigh Thomas, #020480

Senior Assistant Attorney General/State of Tennessee

Office of the Attorney General

225 Martin Luther King, Jr. Drive

Jackson, Tennessee 38301

731/423-5720

07nov4wp

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