24CV-0618-2
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, V. 0.001 ACRES OF FEE SIMPLE RIGHT OF WAY; 0.008 ACRES OF FEE SIMPLE RIGHT OF WAY; 20,938.42 SQUARE FEET OF PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, WALL, DRAINAGE, AND UTILITIES REQUIRED; AND GLENCREE HOMEOWNERS ASSOCIATIONS, INC., Condemnees. Civil Action File No. 24CV-0618-2 OAR V-PARCEL 16-RSS CITATION The said named persons and any and all other persons known and unknown claiming any right, power, interest, ownership, equity, claim, or demand in and to the lands hereinafter described, and all occupants, tenants, lessees, licensees, and all holders, owners, and users of ways and easements in, across, over, and under said land are hereby notified, under the provisions of the Official Code of Georgia Annotated SSSS 32-3-1 et seq., providing for the exercise of the power of the eminent domain by the State of Georgia, or any of its subdivisions, or by any county of such State, as follows: That the above case, including an action for a condemnation in rem against the property hereinafter described, was filed in said Court on April 10, 2024, and docketed by the Clerk of Court with the Civil Action File No. referenced above. That, in accordance with provisions of the aforesaid Official Code, a Declaration of Taking, duly authorized and properly executed as provided by the Official Code, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described lands for County public road purposes, thereby vesting the title to same in Forsyth County, Georgia; and, in pursuance of such authority, Forsyth County, Georgia, has deposited with the Clerk of the Superior Court in Forsyth County the sum of $31,200.00 as just compensation for the said lands described; and all persons claiming such funds or any interest therein, are hereby required to make their claims to the Court; and In accordance with the provisions of the Official Code of Georgia Annotated, the Condemnor has prayed the Court for immediate possession of said property, and all persons having any interest in or claim against such property, as above set forth, are required by the Order of the Judge of said Court to surrender possession of the property to Forsyth County, Georgia, immediately upon the filing of the Declaration of Taking: That, in accordance with the Official Code of Georgia Annotated SSSS 32-3-1 et seq, if the owner, or any of the owners, or any persons having a claim against or interest in the said property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited in Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration of the Taking and the deposit of the funds into Court but no later than thirty (30) days from the date of service as provided for in the Official Code of Georgia Annotated SSSS 32-3-8 through 32-3-10 to file with the Court a petition for review, the same to be in writing and made a part of the record in the proceedings. The said property, as thus affected, is described as follows: See Exhibit "A," which is attached hereto and made a part hereof. This 10 day of April 2024. /s/Greg G Allen CLERK FORSYTH COUNTY SUPERIOR COURT EXHIBIT "A" LEGAL DESCRIPTIONS PROJECT NAME.: Old Atlanta Road Widening - Phase V PROJECT NO.: WID 0208-1 PARCEL NO.: 16 DATE OF R/W PLANS: April 17, 2023 REVISION DATE: May 26, 2023 Being a strip or parcel of land running in, though, over and across the property now or formerly owned by Glencree Homeowners Association, Inc., as described in a deed recorded among the Land Records of Forsyth County, Georgia in Deed Book 591, Page 199, said strip or parcel being shown on the Right of Way Plan prepared by Michael Baker International, and attached hereto, and said strip or parcel lying and being in Land Lot 1084 of the 2nd District, 1st Section, of Forsyth County, Georgia and being more particularly described as follows: REQUIRED FEE SIMPLE RIGHT OF WAY Tract 1 Beginning at a point 52.52 feet left of Station 208+28.62; running thence running thence S 17^30'56.7" E a distance of 38.62 feet to a point 54.00 feet left of and opposite station 208+69.64 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 89^14'09.8" W a distance of 2.32 feet to a point 51.76 feet left of and opposite station 208+68.96 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 38.02 feet along the arc of a curve (said curve having a radius of 709.54 feet and a chord distance of 38.02 feet on a bearing of N 14^09'33.0" W) back to the point of beginning. Containing 0.001 acres (49.44 square feet) more or less. Tract 2 Beginning at a point 51.26 feet left of Station 209+01.92; running thence N 89^12'39.3" E a distance of 2.88 feet to a point 54.00 feet left of and opposite station 209+02.87 on said construction centerline laid out for OLD ATLANTA ROAD; thence southeasterly 91.31 feet along the arc of a curve (said curve having a radius of 846.00 feet and a chord distance of 91.26 feet on a bearing of S 21^50'10.9" E) to the point 54.00 feet left of and opposite station 210+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 65^04'18.5" W a distance of 4.03 feet to a point 49.97 feet left of and opposite station 210+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 28.34 feet along the arc of a curve (said curve having a radius of 848.95 feet and a chord distance of 28.33 feet on a bearing of N 23^58'36.8" W) to the point 49.97 feet left of and opposite station 209+70.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 32.13 feet along the arc of a curve (said curve having a radius of 815.87 feet and a chord distance of 32.13 feet on a bearing of N 20^50'04.4" W) to the point 50.59 feet left of and opposite station 209+35.97 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 32.13 feet along the arc of a curve (said curve having a radius of 815.87 feet and a chord distance of 32.13 feet on a bearing of N 18^34'41.1" W) back to the point of beginning. Containing 0.008 acres (330.71 square feet) more or less. Total Required Fee Simple Right of Way: 0.009 acres (380.15 square feet) PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, WALL, DRAINAGE, AND UTILITIES REQUIRED This permanent easement grants the right to execute and maintain certain construction over and upon the property described below abutting on and adjacent to the right of way in such manner as Forsyth County may deem proper to support or accommodate the improvement of said right of way, including the right to slope the adjacent ground to tie in with the roadway or sidewalk elevations and to construct and maintain any required slopes, fills, embankments, wall, drainage, and utilities required. Beginning at a point 53.61 feet left of Station 207+88.23; running thence N 87^38'24.8" E a distance of 51.07 feet to a point 104.00 feet left of and opposite station 207+97.35 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 26^35'05.7" E a distance of 78.36 feet to a point 120.00 feet left of and opposite station 208+85.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 81^16'33.8" E a distance of 157.36 feet to a point 275.00 feet left of and opposite station 209+20.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 15^04'27.9" E a distance of 42.82 feet to a point 270.00 feet left of and opposite station 209+81.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 87^14'45.5" W a distance of 151.11 feet to a point 127.00 feet left of and opposite station 209+18.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 2^15'09.3" E a distance of 110.48 feet to a point 87.00 feet left of and opposite station 210+35.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 40^08'23.7" E a distance of 13.85 feet to a point 90.00 feet left of and opposite station 210+50.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 1^44'33.6" W a distance of 53.65 feet to a point 62.00 feet left of and opposite station 211+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 35^59'41.1" E a distance of 71.02 feet to a point 65.00 feet left of and opposite station 211+75.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 52^21'08.1" E a distance of 113.68 feet to a point 99.00 feet left of and opposite station 212+83.48 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 56^46'42.5" W a distance of 6.28 feet to a point 92.72 feet left of and opposite station 212+83.29 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 78^23'25.5" W a distance of 47.61 feet to a point 59.99 feet left of and opposite station 212+48.72 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 34^56'05.1" W a distance of 15.99 feet to a point 59.99 feet left of and opposite station 212+32.74 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 40^33'07.7" W a distance of 99.12 feet to a point 50.00 feet left of and opposite station 211+32.72 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 125.34 feet along the arc of a curve (said curve having a radius of 848.95 feet and a chord distance of 125.23 feet on a bearing of N 29^09'46.3" W) to the point 49.97 feet left of and opposite station 210+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 65^04'18.5" E a distance of 4.03 feet to a point 54.00 feet left of and opposite station 210+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 91.31 feet along the arc of a curve (said curve having a radius of 846.00 feet and a chord distance of 91.26 feet on a bearing of N 21^50'10.9" W) to the point 54.00 feet left of and opposite station 209+02.87 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 89^12'39.3" E a distance of 59.20 feet to a point 110.11 feet left of and opposite station 209+23.66 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 1^42'18.8" W a distance of 29.86 feet to a point 119.00 feet left of and opposite station 208+91.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 89^14'09.8" W a distance of 67.80 feet to a point 54.00 feet left of and opposite station 208+69.64 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 17^30'56.7" W a distance of 38.62 feet to a point 52.52 feet left of and opposite station 208+28.62 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 38.02 feet along the arc of a curve (said curve having a radius of 709.54 feet and a chord distance of 38.02 feet on a bearing of N 11^05'20.2" W) back to the point of beginning. Containing 20,938.42 square feet (0.481 acres) more or less. 134058 04/24 05/01