NO. 26CV-0341-3
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, v. CIVIL ACTION FILE NO. 26CV-0341-3 0.099 ACRES OF FEE SIMPLE RIGHT-OF-WAY; THREE (3) DRIVEWAY EASEMENTS; VICKERY VILLAGE RETAIL, LLC; 2007 ELCHAHAL FAMILY TRUST; VICKERY VILLAGE OFFICE PARK III CONDOMINIUM ASSOCIATION, INC.; VICKERY VILLAGE COMMUNITY, LLC; Y & S VICKERY BUILDINGS LLC; VICKERY HOLDING COMPANY, LLC, Condemnees. 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 SS 32-3-1 et seq., providing for the exercise of the power of 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 February 20, 2026 as noted by the Clerk of Court. 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 $59,500.00 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, no later than thirty (30) days from filing of the Declaration of Taking; and, That, in accordance with the Official Code of Georgia Annotated SS 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 notice of appeal, the same to be in writing and made a part of the record in this proceeding. The said property, as thus affected, is described as follows: See Exhibit "A," which is attached hereto and made a part hereof. This 20th day of February 2026. /S/ Greg Allen GREG ALLEN, Clerk Forsyth County Superior Court EXHIBIT "A" LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 44A DATE OF R/W PLANS: June 16, 2023 REVISION DATE: October 6, 2025 RIGHT OF WAY -1 All that tract or parcel of land lying and being in Land Lot 244 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: Beginning at a point 63.72 feet left of and opposite Station 205+56.90 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence N 11deg41'07.2" E a distance of 22.14 feet to a point 73.00 feet left of and opposite station 205+77.00 on said construction centerline laid out for POST ROAD; thence N 36deg28'25.9" E a distance of 39.02 feet to a point 73.00 feet left of and opposite station 206+16.02 on said construction centerline laid out for POST ROAD; thence S 52deg21'52.6" E a distance of 9.33 feet to a point 63.67 feet left of and opposite station 206+15.83 on said construction centerline laid out for POST ROAD; thence S 36deg31'05.2" W a distance of 58.93 feet back to the point of beginning. Containing 0.010 acres more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 44A DATE OF R/W PLANS: June 16, 2023 REVISION DATE: October 6, 2025 RIGHT OF WAY -2 All that tract or parcel of land lying and being in Land Lots 243 & 190 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: Beginning at a point 94.99 feet left of and opposite Station 210+19.58 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence N 37deg42'34.0" W a distance of 51.50 feet to a point 142.67 feet left of and opposite station 210+40.52 on said construction centerline laid out for POST ROAD; thence N 49deg42'23.9" E a distance of 56.63 feet to a point 122.43 feet left of and opposite station 210+97.94 on said construction centerline laid out for POST ROAD; thence southeasterly 35.99 feet along the arc of a curve (said curve having a radius of 86.03 feet and a chord distance of 35.73 feet on a bearing of S 61deg49'56.3" E) to the point 86.70 feet left of and opposite station 210+97.69 on said construction centerline laid out for POST ROAD; thence S 35deg31'09.8" W a distance of 74.33 feet back to the point of beginning. Containing 0.063 acres more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 44A DATE OF R/W PLANS: June 16, 2023 REVISION DATE: October 6, 2025 RIGHT OF WAY -3 All that tract or parcel of land lying and being in Land Lot 244 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: Beginning at a point 42.60 feet left of and opposite Station 215+11.62 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence northwesterly 29.73 feet along the arc of a curve (said curve having a radius of 30.84 feet and a chord distance of 28.59 feet on a bearing of N 34deg10'31.2" W) to the point 24.35 feet right of and opposite station 1902+62.29 on said construction centerline laid out for CLARION ST; thence N 63deg54'07.8" W a distance of 7.37 feet to a point 23.13 feet right of and opposite station 1902+56.52 on said construction centerline laid out for CLARION ST; thence N 14deg20'15.3" E a distance of 33.66 feet to a point 10.41 feet left of and opposite station 1902+53.85 on said construction centerline laid out for CLARION ST; thence southeasterly 11.23 feet along the arc of a curve (said curve having a radius of 60.71 feet and a chord distance of 11.21 feet on a bearing of S 79deg31'26.8" E) to the point 11.51 feet left of and opposite station 1902+66.55 on said construction centerline laid out for CLARION ST; thence S 84deg05'43.5" E a distance of 16.31 feet to a point 42.18 feet left of and opposite station 215+70.37 on said construction centerline laid out for POST ROAD; thence southwesterly 57.27 feet along the arc of a curve (said curve having a radius of 1027.80 feet and a chord distance of 57.26 feet on a bearing of S 13deg02'02.9" W) back to the point of beginning. Containing 0.026 acres more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 44A DATE OF R/W PLANS: June 16, 2023 REVISION DATE: October 6, 2025 DRIVEWAY EASEMENT - 1 This temporary easement grants the right to execute 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 any required slopes within the easement area shown on the attached plats. Said easement shall be effective upon the filing to the petition and declaration of taking and paying into the court registry the just and adequate compensation and will expire on February 20, 2031, or upon completion and final acceptance of the Project above by Forsyth County, Georgia, whichever shall first occur. All that tract or parcel of land lying and being in Land Lot 244 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: Beginning at a point 63.72 feet left of and opposite Station 205+56.90 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence northwesterly 18.55 feet along the arc of a curve (said curve having a radius of 35.00 feet and a chord distance of 18.33 feet on a bearing of N 28deg38'44.0" W) to the point 80.35 feet left of and opposite station 205+64.61 on said construction centerline laid out for POST ROAD; thence N 43deg49'40.0" W a distance of 29.34 feet to a point 109.27 feet left of and opposite station 205+69.56 on said construction centerline laid out for POST ROAD; thence northwesterly 43.54 feet along the arc of a curve (said curve having a radius of 466.66 feet and a chord distance of 43.52 feet on a bearing of N 48deg53'25.4" W) to the point 152.65 feet left of and opposite station 205+73.07 on said construction centerline laid out for POST ROAD; thence N 42deg38'54.1" E a distance of 47.39 feet to a point 147.55 feet left of and opposite station 206+20.18 on said construction centerline laid out for POST ROAD; thence southeasterly 25.77 feet along the arc of a curve (said curve having a radius of 645.61 feet and a chord distance of 25.77 feet on a bearing of S 46deg26'57.8" E) to the point 121.98 feet left of and opposite station 206+17.01 on said construction centerline laid out for POST ROAD; thence S 52deg21'52.6" E a distance of 48.99 feet to a point 73.00 feet left of and opposite station 206+16.02 on said construction centerline laid out for POST ROAD; thence S 36deg28'25.9" W a distance of 39.02 feet to a point 73.00 feet left of and opposite station 205+77.00 on said construction centerline laid out for POST ROAD; thence S 11deg41'07.2" W a distance of 22.14 feet back to the point of beginning. Containing 0.087 acres (3807.04 square feet) more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 44A DATE OF R/W PLANS: June 16, 2023 REVISION DATE: October 6, 2025 DRIVEWAY EASEMENT - 2 This temporary easement grants the right to execute 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 any required slopes within the easement area shown on the attached plats. Said easement shall be effective upon the filing to the petition and declaration of taking and paying into the court registry the just and adequate compensation and will expire on February 20, 2031, or upon completion and final acceptance of the Project above by Forsyth County, Georgia, whichever shall first occur. All that tract or parcel of land lying and being in Land Lot 244 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: Beginning at a point 31.98 feet right of and opposite Station 1800+41.30 on the construction centerline of S VICKERY ST/MAJORS RD CL on Georgia Highway Project No. 0006915; running thence S 57deg47'05.1" W a distance of 13.04 feet to a point 44.90 feet right of and opposite station 1800+39.55 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence N 38deg55'40.6" W a distance of 17.11 feet to a point 44.59 feet right of and opposite station 1800+22.44 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence N 43deg32'29.5" W a distance of 22.49 feet to a point 46.00 feet right of and opposite station 1800+00.00 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence N 50deg02'31.4" E a distance of 96.00 feet to a point 50.00 feet left of and opposite station 1800+00.00 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence S 43deg54'19.4" E a distance of 38.86 feet to a point 52.68 feet left of and opposite station 1800+38.77 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence S 45deg00'58.8" W a distance of 8.27 feet to a point 44.44 feet left of and opposite station 1800+39.50 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence S 45deg00'58.8" W a distance of 9.72 feet to a point 34.75 feet left of and opposite station 1800+40.35 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence S 46deg31'15.1" W a distance of 10.13 feet to a point 24.64 feet left of and opposite station 1800+40.97 on said construction centerline laid out for S VICKERY ST/MAJORS RD CL; thence S 49deg42'23.4" W a distance of 56.63 feet back to the point of beginning. Containing 0.090 acres (3926.11 square feet) more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 44A DATE OF R/W PLANS: June 16, 2023 REVISION DATE: October 6, 2025 DRIVEWAY EASEMENT - 3 This temporary easement grants the right to execute 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 any required slopes within the easement area shown on the attached plats. Said easement shall be effective upon the filing to the petition and declaration of taking and paying into the court registry the just and adequate compensation and will expire on February 20, 2031, or upon completion and final acceptance of the Project above by Forsyth County, Georgia, whichever shall first occur. All that tract or parcel of land lying and being in Land Lot 244 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: Beginning at a point 23.13 feet right of and opposite Station 1902+56.52 on the construction centerline of CLARION ST on Georgia Highway Project No. 0006915; running thence N 63deg54'07.8" W a distance of 17.14 feet to a point 22.10 feet right of and opposite station 1902+42.79 on said construction centerline laid out for CLARION ST; thence S 41deg32'18.7" W a distance of 13.39 feet to a point 35.11 feet right of and opposite station 1902+40.36 on said construction centerline laid out for CLARION ST; thence N 67deg49'29.4" W a distance of 8.97 feet to a point 36.41 feet right of and opposite station 1902+33.98 on said construction centerline laid out for CLARION ST; thence N 46deg59'41.9" W a distance of 54.72 feet to a point 38.00 feet right of and opposite station 1901+93.00 on said construction centerline laid out for CLARION ST; thence N 37deg53'57.3" E a distance of 17.72 feet to a point 21.00 feet right of and opposite station 1901+88.00 on said construction centerline laid out for CLARION ST; thence N 35deg42'40.3" W a distance of 23.00 feet to a point 21.00 feet right of and opposite station 1901+65.00 on said construction centerline laid out for CLARION ST; thence N 54deg17'19.7" E a distance of 32.01 feet to a point 11.01 feet left of and opposite station 1901+65.00 on said construction centerline laid out for CLARION ST; thence S 34deg55'19.3" E a distance of 23.03 feet to a point 10.69 feet left of and opposite station 1901+88.02 on said construction centerline laid out for CLARION ST; thence S 37deg16'16.5" E a distance of 20.44 feet to a point 10.72 feet left of and opposite station 1902+09.70 on said construction centerline laid out for CLARION ST; thence southeasterly 39.35 feet along the arc of a curve (said curve having a radius of 60.71 feet and a chord distance of 38.66 feet on a bearing of S 55deg39'27.5" E) to the point 10.41 feet left of and opposite station 1902+53.85 on said construction centerline laid out for CLARION ST; thence S 14deg20'15.3" W a distance of 33.66 feet back to the point of beginning. Containing 0.089 acres (3896.07 square feet) more or less. 157550 3/11,18