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CROSS REFERENCE: DEED BOOK 24651, PAGE 209
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
LONG RIVER INVESTMENTS, INC.,
Plaintiff,
v. Civil Action File No. 21-CV-8262-3
ALL PARTIES KNOWN OR
UNKNOWN claiming an interest in the
property commonly known as 2334
Marion Circle, Decatur, DeKalb County,
GA,
Defendants.
FINAL ORDER AND JUDGMENT PURSUANT TO O.C.G.A. § 23-3-60 ET SEQ.
Upon consideration and review of the Special Master's Report and Recommendation to the
Court, this Court hereby enters this its Final Judgment and Order pursuant to O.C.G.A. § 23-3-60
et seq. (“Final Judgment”).
FINDINGS OF FACT
1. The real property subject to this proceeding is commonly known as 2334 Marion Circle,
Decatur, DeKalb County, Georgia (Tax Parcel Id No. 15 171 12 031) (the “Property”) and
more particularly described as follows:All that tract or parcel of land lying and being in Land Lot 171 of the 15th
District, DeKalb County, Georgia, being Lot 16, Block D of the Buena Vista
Lake Subdivision, Section II, as per plat recorded in Plat Book 20, Page 4,
DeKalb County Records, and being more particularly described as follows:
Beginning at an iron pin located on the northeasterly right of way of Marion
Circle (having a 40-foot right of way) 1075.0 feet northwesterly as
measured along the northeasterly right of way of Marion Circle from the
point of intersection of the northeasterly right of way of Marion Circle with
the right of way of McAfee Road; running thence North 70 degrees 53
minutes 31 seconds West along the northeasterly right of way of Marion
Circle a distance of 65.0 feet to an iron pin; running thence North 27 degrees
41 minutes 37 seconds East a distance of 163.70 feet to an iron pin; running
thence South 87 degrees 21 minutes 30 seconds East a distance of 65.00 feet
to an iron pin found; running thence South 25 degrees 59 minutes 38
seconds West a distance of 181.60 feet to an iron pin located on the
northeasterly right of way of Marion Circle and being the point of
Beginning; being more particularly shown on survey prepared by Busbee
Surveying Co., dated 3/8/96.
The Property was sold at a tax sale on October 7, 2014, pursuant to a writ of fieri facias
issued, and was levied and sold for unpaid taxes by the Tax Commissioner and Sheriff Ex-
Officio of DeKalb County, Georgia. Valerie Williams was the taxpayer and defendant in
fieri facias at the tax sale. Plaintiff was the highest bidder at the tax sale and acquired title
to the Property pursuant to that certain Tax Deed filed and recorded in the Real Estate
Records of DeKalb County, Georgia in Deed Book 24651, Page 209.
Plaintiff has maintained actual, exclusive, public, continuous, and peaceable possession of
the Property for at least four (4) years since the date of the tax sale.
During that time, no party has exercised or attempted to exercise any right of redemption.
On February 20, 2016, Valerie Williams quitclaim to Plaintiff all of her rights, title, and
interests in and to the Property pursuant to that certain Quitclaim Deed filed and recorded
in the Real Estate Records of DeKalb County, Georgia in Deed Book 25517, Page 667.10.
On September 17, 2021, Plaintiff filed its Petition to Quiet Title Against All the World (the
“Petition”).
On October 7, 2021, the Court appointed the undersigned attorney, R. Kyle Williams of
the law firm of Williams Teusink, LLC, to serve as Special Master in this case.
On January 26, 2022, said Special Master made a determination of the parties entitled to
notice in this action (“Defendants”) and filed into the record the Special Master's
Determination of Entitlement to Notice (the “Determination”) identifying Defendants.
Plaintiff has provided sufficient service of process and summons in this action on and
notice to all Defendants in compliance with the Determination.
No Defendant or other interested party has made an appearance or filed an answer or other
responsive pleading to the Petition.
BASED UPON SUCH FINDINGS OF FACTS, the Special Master enters the following
Special Master’s Conclusions of Law. The Special Master has also submitted herewith a proposed
Final Order that the Special Master recommends to the Court. The Special Master moves that the
Court adopt the proposed Final Order as the order of the Court.
CONCLUSIONS OF LAW
There are no other parties entitled to notice of this Petition.
Jurisdiction and venue over this quiet title action are proper in this Court.
Defendants did not redeem the Property in the time required by law. Hence, any and all right,
title, claim or interest of Defendants to the Property was extinguished by the operation of law
as the Tax Deed has ripened by prescription into fee simple title vested in favor of Plaintiff
upon adverse possession pursuant to O.C.G.A. § 48-4-48(b). After said date and time,
Defendants owned no right, title, claim, or interest in the Property whatsoever.
Plaintiff properly served the process in this action on all Defendants as required by Georgia
3law.
Defendants have failed to file an answer, responsive pleading, or otherwise make an
appearance. Accordingly, the allegations in the Petition are deemed admitted as to them
pursuant to O.C.G.A. § 9-11-55(a).
Fee simple title to the Property is vested in Plaintiff as to all Defendants.
The title of Plaintiff to the Property is subject to the following exceptions as may be
applicable: (a) any unpaid real estate ad valorem taxes and assessments arising after the tax
sale pursuant to National Tax Funding, L.P. v. Harpagon Co., 277 Ga. 41, 42 (2003) and §§
O.C.G.A. 48-3-21 and 48-3-22, if any; (b) all easements, restrictions, covenants, and right-of-
way agreements of record prior to the issuance of the tax executions levied by the municipal
taxing authority which performed the tax sale in the case sub judice, pursuant to OCGA § 44-
9-7; and (c) all facts and conditions that would be disclosed by a survey of the boundary lines.
The Court directs and orders that the Clerk of the Superior Court of DeKalb County, Georgia
record the Final Order of the Court in the Real Estate Records of DeKalb County, Georgia
upon payment by Plaintiff of the requisite recording costs. The recording of the Final Order
should be cross-referenced to the Tax Deed filed and recorded in the Real Estate Records of
DeKalb County, Georgia in Deed Book 24651, Page 209 by marginal reference entered upon
such document as such instrument is referenced herein.Prepared and Submitted by:
R. Kyle Williams, Special Master
Georgia Bar No. 763910
WILLIAMS TEUSINK, LLC
The Sycamore Building
312 Sycamore Street
Decatur, Georgia 30030
Tel: (404) 373-9590
Email: kwilliams@williamsteusink.com
With Copy to:
JAMES CRAIG
Georgia Bar No. 940586
(770) 426-7740
james@cb.law
CAMPBELL & BRANNON, LLC
Glenridge Highlands II
5565 Glenridge Connector, Suite 350
Atlanta, GA 30342
Counsel for Plaintiff
Final Order and Judgment pursuant to O.C.G.A. § 23-3-60 et seq., Long River Investments, Inc.
vy. All Parties Known or Unknown claiming an interest in the property commonly known as 2334
Marion Circle. Decatur, DeKalb County, GA, Superior Court of DeKalb County, Georgia, Civil
Action File No. 21-CV-8262-3
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CROSS REFERENCE: DEED BOOK 24651, PAGE 209 IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA LONG RIVER INVESTMENTS, INC., Plaintiff, v. Civil Action File No. 21-CV-8262-3 ALL PARTIES KNOWN OR UNKNOWN claiming an interest in the property commonly known as 2334 Marion Circle, Decatur, DeKalb County, GA, Defendants. FINAL ORDER AND JUDGMENT PURSUANT TO O.C.G.A. § 23-3-60 ET SEQ. Upon consideration and review of the Special Master's Report and Recommendation to the Court, this Court hereby enters this its Final Judgment and Order pursuant to O.C.G.A. § 23-3-60 et seq. (“Final Judgment”). FINDINGS OF FACT 1. The real property subject to this proceeding is commonly known as 2334 Marion Circle, Decatur, DeKalb County, Georgia (Tax Parcel Id No. 15 171 12 031) (the “Property”) and more particularly described as follows:All that tract or parcel of land lying and being in Land Lot 171 of the 15th District, DeKalb County, Georgia, being Lot 16, Block D of the Buena Vista Lake Subdivision, Section II, as per plat recorded in Plat Book 20, Page 4, DeKalb County Records, and being more particularly described as follows: Beginning at an iron pin located on the northeasterly right of way of Marion Circle (having a 40-foot right of way) 1075.0 feet northwesterly as measured along the northeasterly right of way of Marion Circle from the point of intersection of the northeasterly right of way of Marion Circle with the right of way of McAfee Road; running thence North 70 degrees 53 minutes 31 seconds West along the northeasterly right of way of Marion Circle a distance of 65.0 feet to an iron pin; running thence North 27 degrees 41 minutes 37 seconds East a distance of 163.70 feet to an iron pin; running thence South 87 degrees 21 minutes 30 seconds East a distance of 65.00 feet to an iron pin found; running thence South 25 degrees 59 minutes 38 seconds West a distance of 181.60 feet to an iron pin located on the northeasterly right of way of Marion Circle and being the point of Beginning; being more particularly shown on survey prepared by Busbee Surveying Co., dated 3/8/96. The Property was sold at a tax sale on October 7, 2014, pursuant to a writ of fieri facias issued, and was levied and sold for unpaid taxes by the Tax Commissioner and Sheriff Ex- Officio of DeKalb County, Georgia. Valerie Williams was the taxpayer and defendant in fieri facias at the tax sale. Plaintiff was the highest bidder at the tax sale and acquired title to the Property pursuant to that certain Tax Deed filed and recorded in the Real Estate Records of DeKalb County, Georgia in Deed Book 24651, Page 209. Plaintiff has maintained actual, exclusive, public, continuous, and peaceable possession of the Property for at least four (4) years since the date of the tax sale. During that time, no party has exercised or attempted to exercise any right of redemption. On February 20, 2016, Valerie Williams quitclaim to Plaintiff all of her rights, title, and interests in and to the Property pursuant to that certain Quitclaim Deed filed and recorded in the Real Estate Records of DeKalb County, Georgia in Deed Book 25517, Page 667.10. On September 17, 2021, Plaintiff filed its Petition to Quiet Title Against All the World (the “Petition”). On October 7, 2021, the Court appointed the undersigned attorney, R. Kyle Williams of the law firm of Williams Teusink, LLC, to serve as Special Master in this case. On January 26, 2022, said Special Master made a determination of the parties entitled to notice in this action (“Defendants”) and filed into the record the Special Master's Determination of Entitlement to Notice (the “Determination”) identifying Defendants. Plaintiff has provided sufficient service of process and summons in this action on and notice to all Defendants in compliance with the Determination. No Defendant or other interested party has made an appearance or filed an answer or other responsive pleading to the Petition. BASED UPON SUCH FINDINGS OF FACTS, the Special Master enters the following Special Master’s Conclusions of Law. The Special Master has also submitted herewith a proposed Final Order that the Special Master recommends to the Court. The Special Master moves that the Court adopt the proposed Final Order as the order of the Court. CONCLUSIONS OF LAW There are no other parties entitled to notice of this Petition. Jurisdiction and venue over this quiet title action are proper in this Court. Defendants did not redeem the Property in the time required by law. Hence, any and all right, title, claim or interest of Defendants to the Property was extinguished by the operation of law as the Tax Deed has ripened by prescription into fee simple title vested in favor of Plaintiff upon adverse possession pursuant to O.C.G.A. § 48-4-48(b). After said date and time, Defendants owned no right, title, claim, or interest in the Property whatsoever. Plaintiff properly served the process in this action on all Defendants as required by Georgia 3law. Defendants have failed to file an answer, responsive pleading, or otherwise make an appearance. Accordingly, the allegations in the Petition are deemed admitted as to them pursuant to O.C.G.A. § 9-11-55(a). Fee simple title to the Property is vested in Plaintiff as to all Defendants. The title of Plaintiff to the Property is subject to the following exceptions as may be applicable: (a) any unpaid real estate ad valorem taxes and assessments arising after the tax sale pursuant to National Tax Funding, L.P. v. Harpagon Co., 277 Ga. 41, 42 (2003) and §§ O.C.G.A. 48-3-21 and 48-3-22, if any; (b) all easements, restrictions, covenants, and right-of- way agreements of record prior to the issuance of the tax executions levied by the municipal taxing authority which performed the tax sale in the case sub judice, pursuant to OCGA § 44- 9-7; and (c) all facts and conditions that would be disclosed by a survey of the boundary lines. The Court directs and orders that the Clerk of the Superior Court of DeKalb County, Georgia record the Final Order of the Court in the Real Estate Records of DeKalb County, Georgia upon payment by Plaintiff of the requisite recording costs. The recording of the Final Order should be cross-referenced to the Tax Deed filed and recorded in the Real Estate Records of DeKalb County, Georgia in Deed Book 24651, Page 209 by marginal reference entered upon such document as such instrument is referenced herein.Prepared and Submitted by: R. Kyle Williams, Special Master Georgia Bar No. 763910 WILLIAMS TEUSINK, LLC The Sycamore Building 312 Sycamore Street Decatur, Georgia 30030 Tel: (404) 373-9590 Email: kwilliams@williamsteusink.com With Copy to: JAMES CRAIG Georgia Bar No. 940586 (770) 426-7740 james@cb.law CAMPBELL & BRANNON, LLC Glenridge Highlands II 5565 Glenridge Connector, Suite 350 Atlanta, GA 30342 Counsel for Plaintiff Final Order and Judgment pursuant to O.C.G.A. § 23-3-60 et seq., Long River Investments, Inc. vy. All Parties Known or Unknown claiming an interest in the property commonly known as 2334 Marion Circle. Decatur, DeKalb County, GA, Superior Court of DeKalb County, Georgia, Civil Action File No. 21-CV-8262-3