NO. 26CV-0434-3
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, v. CIVIL ACTION FILE NO. 26CV-0434-3 0.005 ACRES OF FEE SIMPLE RIGHT OF WAY; 1,996.84 SQUARE FEET OF PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, DRAINAGE, AND UTILITIES; 1,948.25 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT; POST BROOK FARMS HOMEOWNER'S ASSOCIATION, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR 2004-000053, LLC; D. R. HORTON, INC.; PRI LAND, LLC; SAWNEE ELECTRIC MEMBERSHIP CORPORATION, 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 March 11, 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 $77,654.00 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 11th day of March 2026. /s/ Greg Allen GREG ALLEN, Clerk Forsyth County Superior Court EXHIBIT "A" LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 93 DATE OF R/W PLANS: June 16, 2023 REVISION DATE: September 10, 2025 RIGHT OF WAY All that tract or parcel of land lying and being in Land Lot 100 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 53.74 feet left of and opposite Station 260+26.06 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence S 31deg49'11.0" W a distance of 25.00 feet to a point 24.89 feet left of and opposite station 2402+30.09 on said construction centerline laid out for WILLOW OAKS PASS CL; thence S 84deg50'18.8" W a distance of 10.09 feet to a point 24.88 feet left of and opposite station 2402+20.00 on said construction centerline laid out for WILLOW OAKS PASS CL; thence N 33deg52'10.9" E a distance of 39.93 feet to a point 53.51 feet left of and opposite station 260+37.00 on said construction centerline laid out for POST ROAD; thence S 5deg04'27.0" E a distance of 11.04 feet back to the point of beginning. Containing 0.005 acres more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 93 DATE OF R/W PLANS: June 16, 2023 REVISION DATE: September 10, 2025 PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, DRAINAGE, AND UTILITIES All that tract or parcel of land lying and being in Land Lot 100 of the 2 Land District and/or 880 Georgia Militia District of Forsyth County, Georgia, being more particularly described as follows: ALSO, granted is the right to construct and maintain any required slopes, drainage, and utilities within the easement area shown on the attached plat. Beginning at a point 52.81 feet left of and opposite Station 260+70.45 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence S 84deg06'01.7" W a distance of 13.90 feet to a point 66.71 feet left of and opposite station 260+70.45 on said construction centerline laid out for POST ROAD; thence N 32deg02'53.4" W a distance of 74.81 feet to a point 100.05 feet left of and opposite station 261+36.51 on said construction centerline laid out for POST ROAD; thence S 89deg47'47.5" E a distance of 49.52 feet to a point 50.76 feet left of and opposite station 261+31.83 on said construction centerline laid out for POST ROAD; thence S 3deg42'42.0" E a distance of 61.94 feet back to the point of beginning. Containing 0.046 acres (1,996.84 square feet) more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 93 DATE OF R/W PLANS: June 16, 2023 REVISION DATE: September 10, 2025 TEMPORARY CONSTRUCTION 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 March 11, 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 100 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 53.51 feet left of and opposite Station 260+37.00 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence S 33deg52'10.9" W a distance of 39.93 feet to a point 24.88 feet left of and opposite station 2402+20.00 on said construction centerline laid out for WILLOW OAKS PASS CL; thence S 84deg51'03.5" W a distance of 83.00 feet to a point 24.79 feet left of and opposite station 2401+37.00 on said construction centerline laid out for WILLOW OAKS PASS CL; thence N 56deg56'53.4" E a distance of 26.04 feet to a point 37.00 feet left of and opposite station 2401+60.00 on said construction centerline laid out for WILLOW OAKS PASS CL; thence N 81deg47'57.1" E a distance of 59.03 feet to a point 80.00 feet left of and opposite station 260+22.00 on said construction centerline laid out for POST ROAD; thence N 9deg01'39.3" E a distance of 50.81 feet to a point 66.71 feet left of and opposite station 260+70.45 on said construction centerline laid out for POST ROAD; thence N 84deg06'01.7" E a distance of 13.90 feet to a point 52.81 feet left of and opposite station 260+70.45 on said construction centerline laid out for POST ROAD; thence S 3deg42'42.0" E a distance of 5.08 feet to a point 53.01 feet left of and opposite station 260+65.42 on said construction centerline laid out for POST ROAD; thence S 5deg04'27.0" E a distance of 28.68 feet back to the point of beginning. Containing 0.045 acres (1,948.25 square feet) more or less. 158295 4/1,8