24CV-0371-3
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, V. 0.012 ACRES OF FEE SIMPLE RIGHT OF WAY; 3,631.69 SQUARE FEET OF PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, WALL, DRAINAGE, AND UTILITIES REQUIRED; ALLEN GLEN THOMAS; ANDREA M. THOMAS f/k/a ANDREA M. DEWEY; U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSEE FOR LEGACY MORTGAGE ASSET TRUST 2021-GS3, DATED JULY 13, 2022; DEUTSCHE BANK NATIONAL TRUST COMPANY AS INDENTURE TRUSTEE FOR CERTIFICATE HOLDERS OF GSR TRUST 2005-HEL-1, MORTGAGE-BACKED NOTES, SERIES 2005-HEL1, DATED AUGUST 6, 2012; PORTFOLIO RECOVERY ASSOCIATES, LLC, AS ASSIGNEE OF CAPITAL ONE BANK (USA), N.A.; and CAPITAL ONE BANK (USA), N.A., Condemnees. Civil Action File No. 24CV-0371-3 OAR V-PARCEL 18-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 March 1, 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 $17,500.00 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 notice of appeal, 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 1 day of March 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.: 18 DATE OF R/W PLANS: April 17, 2023 REVISION DATE: June 9, 2023 Being a strip or parcel of land running in, though, over and across the property now or formerly owned by Allen Glen Thomas and Andrea M. Thomas, as described in a deed recorded among the Land Records of Forsyth County, Georgia in Deed Book 9725, Page 69, 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 44.87 feet right of Station 207+82.64; running thence southeasterly 49.96 feet along the arc of a curve (said curve having a radius of 512.03 feet and a chord distance of 49.94 feet on a bearing of S 11^43'12.5" E) to the point 45.64 feet right of and opposite station 208+30.19 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 77^45'44.1" W a distance of 3.59 feet to a point 49.23 feet right of and opposite station 208+30.08 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 7^36'37.9" W a distance of 50.10 feet back to the POINT OF BEGINNING. Containing 0.002 acres (69.36 square feet) more or less. TRACT 2 Beginning at a point 53.92 feet right of Station 208+49.00; running thence southeasterly 113.82 feet along the arc of a curve (said curve having a radius of 936.91 feet and a chord distance of 113.75 feet on a bearing of S 18^40'29.8" E) to the point 54.04 feet right of and opposite station 209+56.38 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 86^49'48.8" W a distance of 4.19 feet to a point 58.00 feet right of and opposite station 209+55.10 on said construction centerline laid out for OLD ATLANTA ROAD; thence northwesterly 112.93 feet along the arc of a curve (said curve having a radius of 958.00 feet and a chord distance of 112.87 feet on a bearing of N 18^41'32.6" W) to the point 58.00 feet right of and opposite station 208+49.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 74^41'05.2" E a distance of 4.08 feet back to the POINT OF BEGINNING. Containing 0.010 acres (453.48 square feet) more or less. TOTAL FEE SIMPLE RIGHT OF WAY: 0.012 acres (522.84 square feet) more or less. PERMANENT EASEMENTS 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 44.87 feet right of Station 207+82.64; running thence S 7^36'37.9" E a distance of 50.10 feet to a point 49.23 feet right of and opposite station 208+30.08 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 77^45'44.1" W a distance of 4.65 feet to a point 53.88 feet right of and opposite station 208+29.94 on said construction centerline laid out for OLD ATLANTA ROAD; thence southeasterly 20.20 feet along the arc of a curve (said curve having a radius of 936.91 feet and a chord distance of 20.20 feet on a bearing of S 14^34'36.9" E) to the point 53.92 feet right of and opposite station 208+49.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 74^41'05.2" W a distance of 4.08 feet to a point 58.00 feet right of and opposite station 208+49.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence southeasterly 112.93 feet along the arc of a curve (said curve having a radius of 958.00 feet and a chord distance of 112.87 feet on a bearing of S 18^41'32.6" E) to the point 58.00 feet right of and opposite station 209+55.10 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 86^49'46.8" W a distance of 8.59 feet to a point 66.13 feet right of and opposite station 209+52.51 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 86^51'05.0" W a distance of 17.27 feet to a point 82.50 feet right of and opposite station 209+47.42 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 12^53'32.5" W a distance of 51.99 feet to a point 76.00 feet right of and opposite station 209+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 12^44'06.0" W a distance of 108.23 feet to a point 71.00 feet right of and opposite station 208+00.00 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 5^37'51.5" W a distance of 22.03 feet to a point 68.73 feet right of and opposite station 207+79.67 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 86^33'13.5" E a distance of 24.07 feet back to the POINT OF BEGINNING. Containing 3,631.69 square feet (0.083 acres) more or less. 134060 04/24 05/01