M-7374 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA CASE NO. 12-1-6787-99 COBB COUNTY, GEORGIA Condemnor, v. Ralph Echavarry, Jr.; MERS as Nominee for Branch Banking and Trust Company; Gail Downing, as Cobb County Tax Commissioner; Kelli Wolk, as Cobb County Probate Judge; and any and all others having or claiming any interest in the described lands, Condemnees. CITATION The said named persons and any and all other persons, either known or unknown, claiming any right, title, 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 Sections 32-3-4 through 32-3-20, and as amended, providing for the exercise of the power of eminent domain by Cobb County, as follows: That the above-stated case, being a condemnation In Rem against the property hereinafter described, was filed in said County on the 18th day of July, 2012; 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 public roadway purposes, thereby vesting the title to same in Cobb County. In pursuance of said authority, Cobb County has deposited with the Clerk of the Superior Court of Cobb County, the sum of THREE THOUSAND FIVE HUNDRED FIFTY AND NO/100THS DOLLARS ($3,550.00) as the just compensation for the lands described; and all persons claiming such fund or any interest therein, are hereby required to make known their claims to the Court; 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 herein set forth, are required to deliver up to Cobb County, Georgia, the full, peaceable, lawful and quiet possession of said premises described in the Petition and Declaration of Taking thirty-five (35) days from the date of filing of said Declaration of Taking. That in accordance with the Official Code of Georgia Annotated Sections 32-3-13 through 32-3-19, and as amended, if the owner, or any of the owners, or any person having a claim against or interest in 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 and the deposit of the funds into Court but not later than thirty (30) days following the date of service as provided for in the Official Code of Georgia Annotated Sections 32-3-8 through 32-3-10, and as amended, to file with the Court a Notice to 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 in Exhibit "A" attached hereto and incorporated herein by reference and as follows: the title, estate, or interest in lands, required by Condemnor and now taken by Condemnor for public use as rights-of-way and land necessary for construction, maintenance and improvements of part of the public road system within said county is the fee simple title to the land shown on a plat attached to the Petition and easements as may be indicated upon said plats, together with the right to construct, including the rights of ingress and egress in order to operate, install, maintain, inspect, repair, replace and improve a public roadway system, together with all fixtures and equipment necessarily incident thereto, and the right to slope the adjacent ground to tie in with the roadway elevations within any easement areas, together with all rights of access to, from, into and upon said described property, and the right to enter upon any adjacent land of Condemnees herein not taken, for the purpose of removing or dismantling any structures or encroachments, if any, of any type, lying wholly or partially within the boundaries of the property sought to be taken, all of which is included in the estimate of just compensation. Said right-of-way and other interests in land are for a public roadway forming a part of the public roadway system within Cobb County commonly known as Shiloh Road/Shallowford Road Safety Improvements Project No. D6220, crossing over or through certain tracts of land located in Land Lot 78, in the 16th District, 2nd Section, Cobb County, Georgia. This 18th day of July, 2012. /Jay C. Stephenson CLERK, COBB SUPERIOR COURT EXHIBIT "A" Project: Shiloh Road Plans Completed: 03/03/09 Project No.: D6220 Last Revised: N/A Parcel No.: 35 Fee Simple Right-of-Way: All that tract or parcel of land lying and being in Land Lots 216 and 217, 16th Land District, Second Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at Point KC22167, said point being located 30.00 feet right of and opposite station 178+58.77 on the construction centerline laid out for SHILOH ROAD; thence N 47°31'13" W a distance of 2.64 feet to Point PPC277, said point being located 27.37 feet right of and opposite station 178+59.00 on the construction centerline laid out for SHILOH ROAD; thence N 38°33'51" E a distance of 84.20 feet to Point KC22176, said point being located 29.74 feet right of and opposite station 179+42.77 on the construction centerline laid out for SHILOH ROAD; thence running 84.42 feet along the arc of a curve, said curve having a radius of 6,027.02 feet and a chord distance of 84.42 feet on a bearing of S 36°46'42" W) back to the POINT OF BEGINNING. Containing 0.003 acre (119.09 square feet) more or less. Temporary Easement for Construction of Slopes: All that tract or parcel of land lying and being in Land Lots 216 and 217, 16th District, Second Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at Point KC22168, said point being located 49.24 feet right of and opposite station 178+57.05 on the construction centerline laid out for SHILOH ROAD; thence N 47°30'34.6" W a distance of 19.31 feet to Point KC22167, said point being located 30.00 feet right of and opposite station 178+58.77 on the construction centerline laid out for SHILOH ROAD; thence running 84.42 feet along the arc of a curve, (said curve having a radius of 6,027.02 feet and a chord distance of 84.42 feet on a bearing of N 36°46'42" E) to Point KC22176, said point being located 29.74 feet right of and opposite station 179+42.77 on the construction centerline laid out for SHILOH ROAD; thence N 38°33'50.9" E a distance of 35.53 feet to Point PPC278, said point being located 30.88 feet right of and opposite station 179+78.46 on the construction centerline laid out for SHILOH ROAD; thence S 34°43'13.5" E a distance of 9.61 feet to Point KC22177, said point being located 40.00 feet right of and opposite station 179+75.41 on the construction centerline laid out for SHILOH ROAD; thence running 25.24 feet along the arc of a curve, (said curve having a radius of 5,960.05 feet and a chord distance of 25.24 feet on a bearing of S 36°44'31" W) to Point KC22178, said point being located 40.00 feet right of and opposite station 179+75.41 on the construction centerline laid out for SHILOH ROAD; thence S 31°17'40.4" W a distance of 94.00 feet back to the POINT OF BEGINNING. Containing 0.037 acre (1,606.71 square feet) more or less. Said easement to expire in twenty-four (24) months from date of taking. Temporary Driveway Easement: Tract 1: All that tract or parcel of land lying and being in Land Lots 216 and 217, 16th District, Second Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point being located 60.00 feet right of and opposite station 178+62.00 on the construction centerline laid out for SHILOH ROAD; thence N 52°40'32.8" W a distance of 11.29 feet to a point being located 48.71 feet right of and opposite station 178+62.00 on the construction centerline laid out for SHILOH ROAD; thence N 31°17'40.4" E a distance of 43.56 feet to a point being located 44.29 feet right of and opposite station 179+05.00 on the construction centerline laid out for SHILOH ROAD; thence S 53°05'11.0" E a distance of 15.71 feet to a point being located 60.00 feet right of and opposite station 179+05.00 on the construction centerline laid out for SHILOH ROAD; thence running 43.43 feet along the arc of a curve, (said curve having a radius of 6,059.75 feet and a chord distance of 43.43 feet on a bearing of S 37°07'08.1" W) back to the POINT OF BEGINNING. Containing 0.013 acres (586.92 square feet) more or less. Said easement to expire twenty-four (24) months from date of taking. Tract 2: All that tract of parcel of land lying and being in Land Lot 216, 16th District, Second Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point being located 70.00 feet right of and opposite station 179+46.00 on the construction centerline laid out for SHILOH ROAD; thence N 53°24'57.8" W a distance of 29.63 feet to a point being located 40.37 feet right of and opposite station 179+46.00 on the construction centerline laid out for SHILOH ROAD; thence N 31°17'40.4" E a distance of 3.99 feet to a point being located 40.00 feet right of and opposite station 179+50.00 on the construction centerline laid out for SHILOH ROAD; thence running 25.24 feet along the arc of a curve, (said curve having a radius of 5,960.05 feet and a chord distance of 25.24 feet on a bearing of N 36°44'30.8" E) to the point being located 40.00 feet right of and opposite station 179+75.41 on the construction centerline laid out for SHILOH ROAD; thence S 34°43'17.8" E a distance of 31.63 feet to a point being located 70.00 feet right of and opposite station 179+65.30 on the construction centerline laid out for SHILOH ROAD; thence running 19.07 feet 7:27,8:3