24CV-0373-2
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, V. 4,741.29 SQUARE FEET OF PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, WALL, AND UTILITIES REQUIRED; and HPA BORROWER 2018-1 MS LLC, Condemnees. Civil Action File No. 24CV-0371-3 OAR V-PARCEL 20-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 $13,700.00 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 (formerly known as 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. Greg Allen CLERK FORSYTH COUNTY SUPERIOR COURT EXHIBIT "A" LEGAL DESCRIPTION PROJECT NAME.: Old Atlanta Road Widening - Phase V PROJECT NO.: WID 0208-1 PARCEL NO.: 20-RSS DATE OF R/W PLANS: April 17, 2023 REVISION DATE: June 9, 2023 PERMANENT EASEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, WALL, 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. Being a strip or parcel of land running in, though, over and across the property now or formerly owned by HPA BORROWER 2018-1 MS LLC, as described in a deed recorded among the Land Records of Forsyth County, Georgia in Deed Book 8734, Page 486, said strip or parcel being shown on a 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: Beginning at a point 54.00 feet right of Station 211+16.54; running thence southeasterly 43.27 feet along the arc of a curve (said curve having a radius of 3278.54 feet and a chord distance of 43.27 feet on a bearing of S 33^37'48.2" E) to the point 54.01 feet right of and opposite station 211+57.37 on said construction centerline laid out for OLD ATLANTA ROAD; thence southeasterly 41.38 feet along the arc of a curve (said curve having a radius of 169974.76 feet and a chord distance of 41.38 feet on a bearing of S 34^58'41.5" E) to the point 53.99 feet right of and opposite station 211+98.74 on said construction centerline laid out for OLD ATLANTA ROAD; thence S 36^17'05.3" E a distance of 16.26 feet to a point 53.61 feet right of and opposite station 212+14.99 on said construction centerline laid out for OLD ATLANTA ROAD; thence southeasterly 75.64 feet along the arc of a curve (said curve having a radius of 70.00 feet and a chord distance of 72.02 feet on a bearing of S 4^35'56.9" E) to the point 90.00 feet right of and opposite station 212+77.14 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 31^59'20.9" W a distance of 174.01 feet to a point 82.50 feet right of and opposite station 211+07.88 on said construction centerline laid out for OLD ATLANTA ROAD; thence N 76^01'46.7" E a distance of 29.99 feet back to the Point OF BEGINNING. The above- described parcel contains 4,741.29 sq. ft. (0.109 acres) more or less. 134061 04/24 05/01