CIVIL ACTION FILE NO. 25CV-123
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, v. 0.037 ACRES OF FEE SIMPLE RIGHT OF WAY; ONE (1) DRIVEWAY EASEMENT; AFV INVESTMENTS, LLC; YOUR EXTRA ATTIC POST ROAD LIMITED LIABILITY COMPANY; SAWNEE ELECTRIC MEMBERSHIP CORPORATION; POLO FIELDS II, LLC; BIG CREEK UTILITY COMPANY, INC., Condemnees. CIVIL ACTION FILE NO. 25CV-1233-2 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 July 10, 2025 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 $15,100.00 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 10th day of July 2025. /s/ Greg Allen GREG ALLEN, Clerk Forsyth County Superior Court EXHIBIT "A" LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 45 DATE OF R/W PLANS: June 29, 2023 REVISION DATE: February 20, 2025 RIGHT OF WAY All that tract or parcel of land lying and being in Land Lot 243 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 55.18 feet right of and opposite Station 205+48.80 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence N 36deg15'49.3" E a distance of 58.67 feet to a point 54.96 feet right of and opposite station 206+07.47 on said construction centerline laid out for POST ROAD; thence N 36deg24'49.4" E a distance of 2.54 feet to a point 54.96 feet right of and opposite station 206+10.01 on said construction centerline laid out for POST ROAD; thence S 59deg33'49.7" E a distance of 28.20 feet to a point 83.00 feet right of and opposite station 206+12.97 on said construction centerline laid out for POST ROAD; thence S 36deg28'25.9" W a distance of 44.97 feet to a point 83.00 feet right of and opposite station 205+68.00 on said construction centerline laid out for POST ROAD; thence S 70deg09'13.9" W a distance of 21.19 feet to a point 71.25 feet right of and opposite station 205+50.37 on said construction centerline laid out for POST ROAD; thence N 59deg06'01.7" W a distance of 16.15 feet back to the point of beginning. Containing 0.037 acres more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 45 DATE OF R/W PLANS: June 29, 2023 REVISION DATE: February 20, 2025 DRIVEWAY EASEMENT 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 July 10, 2030, 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 243 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 71.25 feet right of and opposite Station 205+50.37 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence N 70deg09'13.9" E a distance of 21.19 feet to a point 83.00 feet right of and opposite station 205+68.00 on said construction centerline laid out for POST ROAD; thence N 36deg28'25.9" E a distance of 44.97 feet to a point 83.00 feet right of and opposite station 206+12.97 on said construction centerline laid out for POST ROAD; thence S 59deg33'49.7" E a distance of 37.21 feet to a point 120.00 feet right of and opposite station 206+16.89 on said construction centerline laid out for POST ROAD; thence S 36deg28'25.9" W a distance of 61.76 feet to a point 120.00 feet right of and opposite station 205+55.13 on said construction centerline laid out for POST ROAD; thence N 59deg06'01.7" W a distance of 48.98 feet back to the point of beginning. Containing 0.055 acres (2,376.30 square feet) more or less. 149591 7/16, 7/23