NO. 26CV-0445-1
IN THE SUPERIOR COURT OF FORSYTH COUNTY STATE OF GEORGIA FORSYTH COUNTY, GEORGIA, Condemnor, v. CIVIL ACTION FILE NO. 26CV-0445-1 0.144 ACRES OF FEE SIMPLE RIGHT-OF-WAY; 6,548.36 SQUARE FEET OF PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF SLOPES, DRAINAGE, AND UTILITIES; TODD BAUER; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR THE ENCORE CREDIT RECEIVABLES TRUST 2005-3; POLO GOLF AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC.; UTILITIES, INC. OF GEORGIA, 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 12, 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 $251,200.00 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 12th 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.: 55 DATE OF R/W PLANS: June 16, 2023 REVISION DATE: July 24, 2025 RIGHT OF WAY All that tract or parcel of land lying and being in Land Lot 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 34.06 feet right of and opposite Station 222+90.05 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence N 12deg27'20.8" W a distance of 318.85 feet to a point 33.26 feet right of and opposite station 226+08.90 on said construction centerline laid out for POST ROAD; thence N 89deg23'32.2" E a distance of 16.07 feet to a point 49.00 feet right of and opposite station 226+05.64 on said construction centerline laid out for POST ROAD; thence S 12deg18'46.2" E a distance of 292.64 feet to a point 40.00 feet left of and opposite station 2000+49.00 on said construction centerline laid out for POLO DR CL; thence N 86deg00'46.1" E a distance of 103.59 feet to a point 25.00 feet left of and opposite station 2001+51.50 on said construction centerline laid out for POLO DR CL; thence S 12deg18'46.2" E a distance of 4.81 feet to a point 20.19 feet left of and opposite station 2001+51.50 on said construction centerline laid out for POLO DR CL; thence S 76deg09'28.3" W a distance of 117.48 feet back to the point of beginning. Containing 0.144 acres more or less. LEGAL DESCRIPTION PROJECT #: PEW22 P.I. NO.: 0006915 PARCEL NO.: 55 DATE OF R/W PLANS: June 16, 2023 REVISION DATE: July 24, 2025 PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SLOPES, DRAINAGE, AND UTILITIES All that tract or parcel of land lying and being in Land Lot 190 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 49.00 feet right of and opposite Station 223+13.00 on the construction centerline of POST ROAD on Georgia Highway Project No. 0006915; running thence N 12deg18'46.2" W a distance of 292.64 feet to a point 49.00 feet right of and opposite station 226+05.64 on said construction centerline laid out for POST ROAD; thence N 89deg23'32.2" E a distance of 25.52 feet to a point 73.99 feet right of and opposite station 226+00.46 on said construction centerline laid out for POST ROAD; thence S 9deg57'28.9" E a distance of 48.50 feet to a point 72.00 feet right of and opposite station 225+52.00 on said construction centerline laid out for POST ROAD; thence S 12deg18'46.2" E a distance of 72.00 feet to a point 72.00 feet right of and opposite station 224+80.00 on said construction centerline laid out for POST ROAD; thence S 4deg29'01.5" E a distance of 80.75 feet to a point 61.00 feet right of and opposite station 224+00.00 on said construction centerline laid out for POST ROAD; thence S 13deg49'13.0" E a distance of 76.03 feet to a point 63.00 feet right of and opposite station 223+24.00 on said construction centerline laid out for POST ROAD; thence N 86deg40'35.1" E a distance of 89.60 feet to a point 37.00 feet left of and opposite station 2001+51.50 on said construction centerline laid out for POLO DR CL; thence S 12deg18'46.2" E a distance of 12.00 feet to a point 25.00 feet left of and opposite station 2001+51.50 on said construction centerline laid out for POLO DR CL; thence S 86deg00'46.1" W a distance of 103.59 feet back to the point of beginning. Containing 0.150 acres (6,548.36 square feet) more or less. 158296 4/1,8