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LEGALS from Page 10B
records, and as further modified by
Eighth Debt Modification of Deed to Secure
executed by Grantor dated
September 22, 2006 and recorded in
Deed Book 4472, Page 110, said
records Deed"), the (collectively, the "Security
public undersigned Lender will sell
at outcry to the highest bidder for
cash before the door of the Courthouse
of Forsyth County, Georgia, during the
legal September, hours of sale, on the first Tuesday
in to wit: September 2,
2008, the real and personal property
conveyed by the Security Deed and
described in Exhibit A attached hereto
and by reference made a part hereof
(all such real and personal property
being hereinafter "Property"). collectively referred to
as the
The debt secured by said Security Deed
is evidenced by (i) a Promissory Note
made by Vickery Land Co., LLC dated
June 17, 2002, in the original principal
amount of $5,613,000.00, as amended
and renewed, and (ii) that certain Real
Estate Note made by Hedgewood
Properties, Inc., Silver Creek
Development, LLC, Vickery Land Co.,
LLC and Vickery Village, LLC dated
January 6, 2005 in the original princlp al
amount of $17,818,000.00, as amende ed
and restated by that certain Renewal
Note dated September 21, 2006, in the
original $24,308,510.00 principal (collectively, amount the of
"Notes"), payable principal and interest
from the date thereof at the rate of inter¬
est shown on said Notes on the unpaid
balance until paid.
Default has occurred in the payment of
the debt evidenced by the Notes and
secured by the Security Deed as a
result of the nonpayment of the indebt¬
edness owed thereunder as and when
due. Accordingly, the total balance of
said debt has been and is hereby
declared due and the Security Deed
foredosable according to its terms.
The debt remaining in default, the
Property for will be sold to the highest bid¬
der cash, with the proceeds to be
applied to the pay merit of said of indebted- intention
ness, attorneys' fees (notice
to collect attorney’s fees having been
given), and the lawful expenses of said
sale, all as provided in the Notes and
the sell Security Deed. Lender has bulk elected
to the Property in one sale.
The Property will be sold "as Is, where
is" without recourse and without repre¬
sentation or warranty, express or
implied, of any nature whatsoever with
respect thereto and subject to (i) any
and all unpaid taxes and assessments,
(ii) any matters which would be dis¬
closed by an accurate survey or by an
inspection of the Property, (iii) any and
all zoning (iv) ordinances all affecting bills the
public Property, utilities outstanding constitute liens for
which
upon the Property, (v) all covenants,
restrictions, easements, liens, encum¬
brances and other matters of record, if
any, which are superior to the lien of the
Security Deed, and (vi) existing ease¬
ments for utilities and road right-of-ways
that cross and/or serve the Property.
Lender reserves the right to sell the real
property portion of the Property sepa¬
rately from the personal property and to
take separate bids therefor. Notice of
Lender's intent to sell the real property
portion of the Property separately from
the personal property or in one sale
shall be given by announcement made
at the commencement of the public
sale.
The sale will be conducted subject to (i)
confirmation that the sale is not prohibit¬
ed under the United States Bankruptcy
Code, and (ii) final confirmation and
audit of the status of the loan with
Lender.
The name, address and telephone num¬
ber of the entity which shall have full
authority to negotiate, amend, and mod¬
ify all terms of the Security Deed with
the Borrower is Wachovia Bank,
National Association, 123 South Broad
Street, PA1246, Philadelphia,
Pennsylvania 19109, Attention: James
D. Brett (215-670-6628)
To the best of the undersigned Lender's
knowledge and of belief, Grantor is now in
the possession the Property.
WACHOVIA BANK, NATIONAL ASSO¬
CIATION
as Agent and Attorney -in-Fact PERTIES, for
HEDGEWOOD PRO INC.,
SILVER CREEK DEVELOPMENT, LLC,
VICKERY LAND CO., LLC, VLC
DEVELOPMENT, INC., JAMES W.
DONNELLY, JR., PAMELA D. SES¬
SIONS and VICKERY VILLAGE, LLC
Robert M. Trusty, Esq.
Seyfarth Shaw LLP Street,
1545 Peachtree N.E.
Suite 700
Atlanta, Georgia 30309
(404) 885-6708
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
Exhibit A
The Property consists of Parcel One,
Parcel 5l Two, P arcel Three, Parcel Four,
Parcel Five, Parcel Six, Parcel Seven,
Parcel Eight, Parcel Nine, Parcel Ten,
Parcel Eleven, Parcel Twelve and Parcel
Thirteen, less and except Excluded
Parcel One, Excluded Parcel Two,
Excluded Parcel Three, Excluded Parcel
Four, Excluded Parcel Five, Excluded
Parcel Six, Excluded Parcel Seven,
Excluded Parcel Eight, Excluded Parcel
Nine, Excluded Parcel Ten, Excluded
Parcel Eleven, Excluded Parcel Twelve,
Excluded Parcel Thirteen and Excluded
Parcel Fourteen.
Parrel One
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 173,
188, 244 and 245 of the 2nd District, 1st
Section of Forsyth County, Georgia, and
being more particularly described as fol¬
lows:
BEGIN at a 1 inch crimp top pipe found
at the corner common to Land Lots 187,
188, 245 and 246 and run thence North
01 degrees 43 minutes 03 seconds
West along the west line of Land Lot
188 for a distance of 1457.16 feet;
thence North 00 degrees 45 minutes 19
seconds West along the west line of
Land Lot 173 for a distance of 1251.20
feet to the corner common to Land Lots
115,116,173 and 174; thence North 89
degrees 12 minutes 53 seconds East
along the north line of Land Lot 173 for
a distance of 1131.70 feet to a 1/2 inch
rebar found; thence continuing alon
the north line of Land Lot 173 North 8
degrees 16 minutes of 04 seconds East
for a distance 223.30 feet to a nail at
the corner common to Land Lots 116,
117, 172 and 173; thence South 00
degrees 17 minutes 06 seconds East
along the east line of Land Lot 173 for a
distance of 865.82 feet to a 1/2 inch
rebar; thence continuing along the east
line of Land Lots 173 and 188 South 00
degrees 18 minutes 04 seconds East
for a distance of 1094.75 feet to a 3/4
inch crimp top pipe; thence continuing
along South the east line of Land Lot 188
00 degrees 15 minutes 00 sec¬
onds East for a distance of 732.74 feet
to a 3/4 inch open top pipe found at the
corner common to Land Lots 188, 189,
244 and 245; thence along the south
line of Land Lot 189 North 89 degrees
57 minutes 12 seconds East for a dis¬
tance of 1124.57 feet to a 3/8 inch rebar
found at the corner common to Land
Lots 189, 190, 243 and 244; thence
along South the east line of Land Lot 244
05 degrees 34 minutes 23 sec¬
onds East for a distance of 106.97 feet
to a 1/2 inch rebar found; thence contin¬
uing along the east line of Land Lot 244
South 01 degrees 26 minutes 09 sec¬
onds West for a distance of 321.17
to a point Road on the S.R. northwesterly side
Post a/k/a 371 (an 80
right-of-way); thence Post along the South
westerly side of Road 36
degrees 38 minutes 29 seconds
for a distance of 1023.96 feet to a
of intersection with the centerline
Bentley Creek; running thence In a
erally northwesterly direction along
centerline of Bentley Creek the
ing courses and distances: (1) North 11
degrees 54 minutes 26 seconds
for a distance of 24.40 feet; (2) North
degrees 22 minutes 02 seconds
for a distance of 14.42 feet; (3) North 38
degrees 21 minutes 24 seconds West
for a distance of 107.39 feet; (4) North
14 degrees 05 minutes 29 seconds
West for a distance of 85.30 feet; (5)
North 18 degrees 57 minutes 51 sec¬
onds West for a distance of 100.62 feet;
(6) North 19 degrees 29 minutes 49
seconds West for a distance of 55.92
feet; (7) North 39 degrees 14 minutes
23 seconds West for a distance of 58.43
feet; (8) North 32 degrees 32 minutes
54 seconds West for a distance of
146.74 feet; (9) North 46 degrees 59
minutes 10 seconds West for a distance
of 68.00 feet; (10) North 09 degrees 26
minutes 47 seconds West for a distance
of 69.10 feet; (11) North 01 degrees 49
minutes 22 seconds East for a distance
of 92.71 feet; (12) North 00 degrees 31
minutes 40 seconds East for a distance
of 73.19 feet; (13) North 02 degrees 12
minutes 47 seconds East for a distance
of 39.46 feet; (14) North 30 degrees 41
minutes 43 seconds West for a distance
of 62.14 feet; (15) North 46 degrees 34
minutes 55 seconds West for a distance
of 281.06 feet; (16) North 44 degrees 39
minutes 22 seconds West for a distance
of 131.76 feet; (17) North 50 degrees 31
minutes 07 seconds West for a distance
of 97.72 feet to the point of intersection
of the centerline of Bentley Creek with
the south line of Land Lot 188; thence
leaving the centerline of Bentley Creek
proceed South 88 degrees 34 minutes
07 seconds West along the south line of
Land Lot 188 for a distance of 1110.08
feet to the common corner of Land Lots
187, 188, 245 and 246 at the POINT OF
BEGINNING. Said property being
shown as Tract 3, containing 103.226
acres, Properties on plat of survey for Hedgewood
and Vickery, dated January
26, 2001, by W. K. Dickson, Engineers,
Planners, Surveyors, and bearing the
seal of Steven P. Griggs, Georgia
Registered Land Surveyor No. 2845.
Parcel Two
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 189
and 190, 2nd District, 1st Section,
Forsyth County, described Georgia, and being
more BEGIN particularly as follows: of
at a point on the south line
Land Lot 190 located South 89 degrees
54 minutes East, a distance of 1415.51
feet from the common corner of Land
Lots 188, 189, 244 and 245; thence
North 26 degrees 58 minutes 06 sec¬
onds East for a distance of 10.66 feet;
thence North 26 degrees 16 minutes 06
seconds East for a distance of 12.84
feet; thence North 25 degrees 45 min¬
utes 29 seconds East for a distance of
26.46 feet; thence North 25 degrees 18
minutes 48 seconds East for a distance
of 29.33 feet; thence North 24 degrees
39 minutes 08 seconds East for a dis¬
tance of 14.12 feet; thence North 23
degrees for 43 minutes 44 seconds East
a distance of 21.09 feet; thence
North 22 degrees 06 minutes 04 sec¬
onds East for a distance of 29.25 feet;
thence North 20 degrees 39 minutes 02
seconds East for a distance of 23.36
feet; thence North 19 degrees 32 min¬
utes 53 seconds East for a distance of
27.13 feet; thence North 17 degrees 50
minutes 33 seconds East for a distance
of 46.96 feet; thence North 16 degrees
19 minutes 22 seconds East for a dis¬
tance of 24.69 feet;'thence North 15
degrees 41 minutes 35 seconds East
for a distance of 32.52 feet; thence
North 14 degrees 53 minutes 01 sec¬
onds East for a distance of 26.64 feet;
thence 31.28 feet along an arc, said arc
being North subtended by a chord bearing
29 degrees 54 minutes 58 sec¬
onds West, a distance of 28.19 feet and
having a radius of 20.00 feet; thence
24.86 feet along an arc, said arc being
subtended by a chord bearing North 64
degrees 49 minutes 33 seconds West, a
distance of 24.73 feet and having a
radius of 72.00 feet; thence 10.80 feet
along by an arc, said arc being subtended
a chord bearing North 53 degrees 36
minutes 09 seconds West, a distance of
10.80 feet and having a radius of
232.00 feet; thence 23.47 feet along an
arc, said arc being subtended by a
chord bearing South 82 degrees 54
minutes 06 seconds West, a distance of
21.15 feet and having a radius of 15.00
feet; thence 3.39 feet along an arc, said
arc South being subtended by a chord bearing
36 degrees 42 minutes 20 sec¬
onds West, a distance of 3.39 feet and
having North a radius of 71.00 feet; thence
54 degrees 39 minutes 40 sec¬
onds West for a distance of 58.00 feet;
thence 19.87 feet along an arc, said arc
being subtended by a chord bearing
North 39 degrees 45 minutes 08 sec¬
onds East, a distance of 19.85 feet and
having a radius of 129.00 feet; thence
20.16 feet along an arc, said arc being
subtended by a chord bearing North 05
distance degrees 39 minutes 32 seconds East, a
of 18.68 feet and having a
radius of 15.00 feet; thence North 32
degrees 50 minutes 53 seconds West
for a distance of 9.02 feet; thence
121.21 feet along an arc, said arc being
subtended by a chord bearing North 57
degrees distance 39 of minutes 00 seconds West, a
117.46 feet and having a
radius of 140.00 feet; thence North 82
degrees 27 minutes 07 seconds West
for a distance of 208.13 feet; thence
North 83 degrees 03 minutes 15 sec¬
onds West for a distance of 9.69 feet;
thence North 83 degrees 39 minutes 24
seconds West for a distance of 28.40
feet; thence North 06 degrees 20 min¬
utes 36 seconds East for a distance of
17.00 feet; thence North 83 degrees 39
minutes 24 seconds West for a distance
of 64.26 feet; thence 23.77 feet along
an arc, said arc having a chord bearing
South 50 degrees 56 minutes 58 sec¬
onds West, a distance of 21.36 feet and
having a radius of 15.00 feet; thence
124.02 feet along an arc, said arc being
subtended by a chord bearing South 12
degrees 58 minutes 23 seconds West, a
distance of 123.67 feet and having a
radius of 479.00 feet; thence South 20
degrees for 23 minutes 25 seconds West
a distance of 14.99 feet; thence
60.85 feet along an arc, said arc bein
subtended by a chord bearing South 3
distance degrees 05 minutes 27 seconds West, a
of 60.43 feet and having a
radius of 149.00 feet; thence 17.68 feet
along an arc, said arc being subtended
by a chord bearing South 10 degrees 01
minutes 14 seconds West, a distance of
16.68 feet and having a radius of 15.00
feet; thence 49.04 feet along an arc,
said arc being subtended by a chord
bearing South 17 deg rees 01 minutes
43 seconds East, a d istance of 48.93
feet and having a radius of 209.00 feet;
thence South 79 degrees 41 minutes 35
seconds West for a distance of 58.00
feet; thence 23.87 feet along an arc,
said arc being subtended by a chord
bearing North 14 degrees 50 minutes
05 seconds West, a distance of 23.84
feet and having a radius of 151.00 feet;
thence 22.35 feet along an arc, said arc
being North subtended by a chord bearing
62 degrees 02 minutes 24 sec¬
onds West, a distance of 20.34 feet and
having South a radius degrees of 15.00 feet; thence
76 24 minutes 48 sec¬
onds West for a distance of 5.88 feet;
thence South 77 degrees 32 minutes 39
seconds West for a distance of 202.66
feet; thence 20.80 feet along an arc,
said arc being subtended by a chord
38 bearing seconds South West 37 degrees distance 49 of minutes
a 19.17
feet and having a radius of 15.00 feet;
thence 82.87 feet along an arc, said
being South subtended degrees by a chord bearing
23 13 minutes 54 sec
onds West, a distance of 80.24 feet and
having South a radius of 94.50 feet; thence
48 degrees 21 minutes 12
onds West for a distance of 236.44
to the south line of Land Lot 189;
thence along the south line of Land
189 South 89 degrees 54 minutes
seconds East for a distance of
feet to the POINT OF BEGINNING.
taining property being shown as Parcel 3A
8.035 acres, on plat of
dated June 5, 2002 for James W.
Donnelly, by Rochester Jr. and Pamela Associates, D. Sessions,
and Inc.,
bearing Georgia the seal of Morgan Land Surveyor R.
2354. Registered
1-
Parrel ThrflP
ALL THAT TRACT OR PARCEL OF
LAND lying and District, being in Land Lots 189
and 190, 2nd 1st Section,
Forsyth County, described Georgia, and being
BEGIN more particularly iron pin found as follows: the
at an at cor¬
ner common to Land Lots 188, 189, 244
and 245 (also being the southwest cor¬
ner of Land Lot 189) and run thence
along the west line of Land Lot 189
North 00 degrees 14 minutes 29 sec¬
onds West for a distance of 732.68 feet
to an Iron pin found; thence South 82
degrees 11 minutes 10 seconds East
for a distance of 1581.02 feet to an iron
pin found on the westerly right-of-way); side of Post
Road (an 80 foot thence
southwesterly an arc distance of 544.20
feet, said arc being South subtended by a
chord bearing West, 15 degrees 51
minutes 24 seconds a distance of
540.75 feet and having iron a radius of
1393.52 feet to an pin set at the
intersection of the northwesterly side of
Post Road with the south line of Land
Lot 190; thence North 89 degrees 54
minutes 03 seconds West for a distance
of 23.86 feet minutes to a point; thence North 26
degrees 58 10.66 06 seconds feet; East
for a distance of thence
North 26 degrees 16 minutes 06 sec¬
onds East for a distance of 12.84 feet;
thence North 25 degrees 45 minutes 29
seconds East for a distance of 26.46
feet; thence North 25 degrees 18 min¬
utes 48 seconds East for a distance of
29.33 feet; thence North 24 degrees 39
minutes 08 seconds East for a distance
of 14.12 feet; thence North 23 degrees
43 minutes 44 seconds East for a dis¬
tance of 21.09 feet; thence North 22
degrees 06 minutes 04 seconds East
for a distance of 29.25 feet; thence
North 20 degrees 39 minutes 02 sec¬
onds East for a distance of 23.36 feet;
thence North 19 degrees 32 minutes 53
seconds East for a distance of 27.13
feet; thence North 17 degrees 50 min¬
utes 33 seconds East for a distance of
46.96 feet; thence North 16 degrees 19
minutes 22 seconds East for a distance
of 24.69 feet; thence North 15 degrees
41 minutes 35 seconds East for a dis¬
tance of 32.52 feet; thence North 14
for degrees 53 minutes 01 seconds East
a distance of 26.64 feet; thence
31.28 feet along an arc, said arc being
subtended by a chord bearing North 29
degrees 54 minutes 58 feet seconds West, a
distance of 28.19 and having a
radius of 20.00 feet; thence 24.86 feet
along an arc, said arc North being subtended
by a chord bearing 64 degrees 49
minutes 33 seconds West, a distance of
24.73 feet and having a radius of 72.00
feet; thence 10.80 feet along an arc,
said arc being subtended by a chord
bearing North 53 degrees 36 minutes
09 seconds West, a distance of 10.80
feet and having a radius of 232.00 feet;
thence 23.47 feet along an arc, said arc
being South subtended 82 by 54 a minutes chord bearing
degrees 06 sec¬
onds West, a distance of 21.15 feet and
having a radius of 15.00 feet; thence
3.39 feet along an arc, said arc being
subtended by a chord bearing South 36
degrees 42 minutes 20 seconds West, a
distance of 3.39 feet and having a
radius of 71.00 feet; thence North 54
degrees 39 minutes 40 seconds West
for a distance of 58.00 feet; thence
19.87 feet along an arc, said arc bein
subtended by a chord bearing North 3
degrees 45 minutes 08 seconds East, a
distance of 19.85 feet and having a
radius of 129.00 feet; thence 20,16 feet
along by chord an arc, bearing said arc North being degrees subtended
a 05 39
minutes 32 seconds East, a distance of
18.68 feet and having a radius of 15.00
feet; thence North 32 degrees 50 min¬
utes 53 seconds West for a distance of
9.02 feet; thence 121.21 feet along an
arc, chord said bearing arc North being 57 subtended degrees by a
39 min¬
utes 00 seconds West, a distance of
117.46 feet and having a radius of
140.00 feet; thence North 82 degrees
27 minutes 07 seconds West for a dis¬
tance of 208.13 feet; thence North 83
for degrees 03 minutes 15 feet; seconds West
a distance of 9.69 thence North
83 degrees Tor 39 minutes 24 seconds
West a distance of 28.40 feet;
thence North 06 degrees 20 minutes 36
seconds East for a distance of 17.00
feet; thence North 83 degrees 39 min¬
utes 24 seconds West for a distance of
64.26 feet; thence 23.77 feet along an
arc, said arc having a chord bearing
South 50 degrees 56 minutes 58 sec¬
onds West, a distance of 21.36 feet and
having a radius of 15.00 feet; thence
124.02 feet along an arc, said arc being
subtended by a chord bearing South 12
degrees 58 minutes 23 feet seconds West, a
distance of 123.67 and having a
radius of 479.00 feet; thence South 20
degrees 23 minutes 25 seconds West
for a distance of 14.99 feet; thence
60.85 feet along an arc, said arc being
subtended by a chord bearing South 32
degrees 05 minutes 27 feet seconds West, a
distance of 60.43 and having a
radius of 149.00 feet; thence 17.68 feet
along an arc, said arc South being subtended
by a chord bearing 10 degrees 01
minutes 14 seconds West, a distance of
16.68 feet and having feet a radius of 15.00
feet; thence 49.04 along an arc,
said arc being subtended by a chord
bearing South 17 degrees 01 minutes
43 seconds East, a distance of 48.93
feet and having a radius of 209.00 feet;
thence South 79 degrees 41 minutes 35
seconds West for a distance of 58.00
feet; thence 23.87 feet along an arc,
said arc being subtended by a chord
bearing North 14 degrees 50 minutes'
05 seconds West, a distance of 23.84
feet and having a radius of 151.00 feet;
thence 22.35 feet along an arc, said arc
being North subtended by 02 a minutes chord bearing
62 degrees 24 sec¬
onds West, a distance of 20.34 feet and
having a radius of 15.00 feet; thence
South 76 degrees 24 minutes 48 sec¬
onds West for a distance of 5.88 feet;
thence South 77 degrees 32 minutes 39
seconds,West for a distance of 202.66
feet; thence 20.80 feet along an arc,
said bearing arc South being subtended degrees by a minutes chord
37 49
38 seconds West, a distance of 19.17
feet and having a radius of 15,00 feet;
thence 82.87 feet along an arc, said arc
being South subtended by 13 a minutes chord bearing
23 degrees 54 sec¬
onds West, a distance of 80.24 feet and
having South a radius of 94.50 feet; thence
48 degrees 21 minutes 12 sec¬
onds West for a distance of 236.44 feet
to the south line of Land Lot 189;
thence along the south line of Land Lot
189 North 89 degrees 54 minutes 03
seconds West for a distance of 419.58
feet to an iron pin found at the corner
common to Land Lots 188, 189, 244
and 245 at the POINT OF BEGINNING.
Said property being shown as Parcel 4,
containing 11.634 acres, Parcel 3B,
containing containing 0.038 0,417 acres, and plat Parcel of 3C
acres, on sur¬
vey dated June 5, 2002 for James W.
Donnelly, Jr. and Pamela Associates, D. Sessions,
by Rochester and of Morgan Inc., and
bearing the Registered seal Land Surveyor R. Mellette,
Georgia No.
2354.
LESS AND EXCEPT FROM PARCEL
THREE THE FOLLOWING DESCRIBED
PROPERTY:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189,
2nd District, 1st Section, Forsyth
County, Georgia, and being more partic
ularly described as follows:
BEGIN at a point located North 65
degrees 51 of minutes feet 23 seconds East, a
distance 787.48 from the corner
common to Land Lots 188, 189, 244
and 245, said District and Section;
thence North 14 degrees 29 minutfes 22
seconds West for a distance of 222.85
feet; thence North 89 degrees 56 min¬
utes 40 seconds East for a distance of
75.32 feet; thence North 00 degrees 03
minutes 20 seconds West for a distance
of 56.26 feet; thence 31.29 feet along
an arc, said arc North being 73 subtended by min¬ a
chord bearing degrees 32
utes 40 seconds East, a distance of
31.27 feet and having a radius of
221.00 feet; thence South 00 degrees
03 minutes 20 seconds^East for a dis-
tance of 63.62 feet; thence South 82
degrees 56 minutes 59 seconds East
for a distance of 153.14 feet; thence
106.88 feet along an arc, said arc being
subtended by a chord bearing South 13
degrees 07 minutes 02 seconds West, a
distance of 106.60 feet and having a
radius of 421.00 feet; thence South 20
degrees 23 minutes 25 seconds West
for a distance of 14.99 feet; thence
90.77 feet along an arc, said arc being
subtended by a chord bearing South 48
degrees 58 minutes 02 seconds West, a
distance of 87.06 feet and having a
radius of 91.00 feet; thence South 77
degrees 32 minutes 39 seconds West
for a distance of 109.02 feet to the
POINT OF BEGINNING. Said property
being shown as plat Parcel 1 containing
0,972 acres on of survey for James
W. Donnelly, Jr. and Pamela D.
Sessions, dated June 5, 2002, by
Rochester & Associates, Inc., and bear¬
ing the seal of Morgan R. Mellette,
Registered AND Land Surveyor No. 2342.
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189,
2nd District, 1st Section, Forsyth
County, Georgia, and being more partic¬
ularly described as follows:
BEGIN at an iron pin set located North
39 degrees 56 minutes 04 seconds
East, a distance of 362.73 feet from the
corner common to Land Lots 188, 189,
244 and 245, said District and Section;
thence North 06 degrees 55 minutes 27
seconds East for a distance of 103.06
feet to an iron pin set; thence North 14
degrees 44 minutes 16 seconds West
for a distance of 32.22 feet to an iron
pin set; thence North 05 degrees 34
minutes 55 seconds West for a distance
of 132.25 feet to an iron pin set; thence
101.62 feet along an arc, said arc being
subtended by a chord bearing North 87
degrees 44 minutes 19 seconds East, a
distance of 100.78 feet and having a
radius of 228.00 feet; thence South 79
degrees 29 minutes 35 seconds East
for a distance of 31.99 feet to an iron
pin minutes set; thence South 00 degrees 53
30 seconds West for a distance
of 289.25 feet to an iron pin set; thence
122.23 feet along an arc, said arc being
subtended by a chord bearing North 77
distance degrees 41 minutes 22 seconds West, a
of 121.81 feet and having a
radius of 428.00 feet. Said property
containing 0.783 Donnelly acres on plat of survey
for James W. and Pamela D.
Sessions, by Rochester & Associates,
Inc., and bearing the seal of Morgan R.
Mellette, Georgia Registered Land
Surveyor No. 2354 dated June 5, 2002
and revised August 16, 2002.
Subject to a non-exclusive easement for
ingress and egress for vehicular and
pedestrian traffic to and from Post Road
over the 18 foot asphalt driveway and
10 foot asphalt driveway for connecting
Parcels 1 and 2 to Post Road, as said
driveways are described on plat James of sur¬
vey dated June 5, 2002 for W.
Donnelly and and Pamela Associates, D. Sessions, Inc., by
Rochester and
bearing the seal of Morgan R. Mellette,
Georgia 2364. Registered Land Surveyor No.
Parcel Four
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 243,
2nd County, District, Georgia, 1st S ection, northwest Forsyth
existing right-of-way lying of Post Road, of a/k/a the
S.R.371.
LESS AND EXCEPT that portion of said
property conveyed to Donald E. Stone
and Marilyn H. Stone by Warranty Deed
Forsyth recorded County, in Deed Georgia Book 111, Page 425,
records; and
also LESS AND EXCEPT that portion of
said County, property Georgia conveyed by of to Forsyth
recorded in Deed Book Right 1731, Way Page Deed 110,
Forsyth Parcel County, Georgia records.
Five
ALL THAT TRACT OR PARCEL OF
LAND lying and being in the Second
District and First Section of Forsyth
County, Georgia, approximately 8 1/2
miles west from Cumming on State
Highway #141, being a part of Land
Lots 117, 171 and 172, containing
23.56 acres, more or less, all according
to a survey and plat thereof by Thomas
M. Patton, Registered Surveyor #967,
dated September particularly 27, 1967, described said proper¬
ty is more as fol¬
lows:
BEGINNING at an iron pin found at the
northwest corner of Land Lot 172;
thence South 01 degree East 645 feet
along the west original line of Land Lot
172 to an iron pin stake; thence North
89 degrees East South 200 feet to an iron pin
stake; thence 01 degree East
151.6 feet to an iron pin stake; thence
North 88 degrees 20 minutes East,
1,122 feet to an iron pin stake in Land
Lot 171 on the west side of the west
right-of-way of Highway No. 141; thence
North 12 degrees 30 minutes West,
811.4 feet along the west side of said
west iron right-of-way in of Highway No. 141 to
an pin set Lana Lot 117; thence
South 88 degrees 20 minutes West,
1,165.7 feet to the POINT OF BEGIN¬
NING.
Said plat is recorded in the Clerk's
Office of Forsyth Superior Court in Plat
Georgia Book 5, records. Page 133, Forsyth County,
Being the same property conveyed to
James W. Green by Warranty Deed
between Billy M. Green and James W.
Green, dated October 30, 1981, and
recorded Forsyth in Deed Georgia Book 235, Page 378,
County, records.
Parcel Six
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 172
of the 2nd District, 1st Section, Forsyth
County, Georgia, and being more partic¬
TO ularly described AT as THE follows: TRUE POINT
ARRIVE OF
BEGINNING, commence at an iron pin
found at the common corner of Land
Lots 116, 117, 172 and 173; thence run
South 00 degrees 08 minutes 35 sec¬
onds West, 643.81 feet along the origi¬
nal western boundary line of Land Lot
172 to a point marked by an iron pin
found thereon, said point being the
TRUE POINT OF BEGINNING; the
TRUE POINT OF BEGINNING thus
established, thence run South 89
degrees 06 minutes 00 seconds East,
199.45 feet to a point; thence run South
00 degrees 54 minutes 00 seconds
West, 158.77 feet to a point; thence run
North 88 degrees 36 minutes 00 sec¬
onds East, 206.92 feet to a point
marked by an iron pin set (said point
being South 88 degrees 36 from minutes 00
seconds West, 920.58 feet an iron
pin found in Land Lot 171 on of the west¬
ern 371); right-of-way thence boundary South 01 degree Highway
run 08
minutes 23 seconds West, 28.93 feet to
thence a point marked South by an iron pin set;
run 79 degrees 18 min¬
utes 59 seconds West, 310.49 feet to a
point South marked by an iron pin set; thence
run 79 degrees 18 minutes 59
seconds West, 101.62 feet to a point
marked by boundary an iron pin set on Land the original
western line of Lot 172;
thence run North 00 degrees 23 min
utes 00 seconds East, 262.15 feet along
the original western boundary line of
Land Lot 172 to the TRUE POINT OF
BEGINNING.
The above described tract consists of
1.32 for acres, according W. to a plat of prop¬
erty James Green, prepared by
Clyde N. Mize, R.L.S. 1625 and dated
April AN or 4, part 1983. of the above-described tract
is under water.
James Being the W. same Green property conveyed Deed to
Lois C. by Warranty a/k/a Mrs.
between Hughes
Wesley Hughes and James W. Green,
dated June 18, 1982, and recorded in
Deed Book 244, Page 391, Forsyth
County, Georgia records.
Parcel Seven
ALL THAT TRACT OR PARCEL OF
and LAND 116 lying of the and 2nd being District, in Land 1st Lots Section, 115
Forsyth County, Georgia, beirig described 22.644
acres and more particularly
as Tract 6 Tony and Charles Samples as
per Properties Boundary ® Vickery, Survey prepared for Hedgewood by W.K.
Dickson Engineers, Placers,
FORSYTH COUNTY NEWS — Wednesday, August 13,2008
Surveyors, described being follows: more particularly
as
Commence at the common corner of
Land Lots 116, 117, 172 and 173 of the
2nd District, 1st Section; thence run
South 89 degrees 12 minutes 53 sec¬
onds West, 223.30 feet to an IPF-1/2"
RB at THE POINT OF BEGINNING;
from said POINT OF BEGINNING run
the following courses and distances:
South 89 degrees 12 minutes 53 sec¬
onds West, 943.86 feet to an IPF-1/2"
RB; North 28 degrees 01 minutes 47
seconds West, 657.16 feet to an IPF-
1/2" RB; North 01 degree 00 minutes 20
seconds West, 758.43 feet to an IPF-
1/2" RB found on the southern right-of
way of Bentley varies); Road southeasterly (having a right-of- along
way which
said southern right-of-way of Bentley
Road a chord course and distance of
North 88 degrees 27 minutes 55 sec¬
onds East, 409.99 having feet, a length of of
410.00 feet, a radius
15485.50 feet to a point on said south¬
ern right-of-way; South East, 02 degrees feet 18
minutes 06 seconds 125.00 to
a point; South 75 degrees 36 minutes
35 seconds East, 219.82 feet to a point;
South 07 degrees 52 minutes 11 sec¬
onds East, 487.42 feet to an IPF-3/4"
OT Pipe; South 07 degrees 55 minutes
46 seconds East, 176.01 feet to an IPF-
3/4" CT Pipe; South 07 degrees 55 min¬
utes 16 seconds East, 178.68 feet to an
IPF-3/4" CT Pipe; North 82 degrees 04
minutes 58 seconds East, 243.58 feet to
an IPF-3/4" CT Pipe; North 55 degrees
44 minutes 55 seconds East, 44.88 feet
to an IPF-2" OT Pipe; North 88 degrees
22 minutes 37 seconds East, 242.63
feet to an IPF-1/2" RB; South 00
degrees 14 minutes 01 seconds East,
388.47 feet to an IPF-1/2" RB at THE
POINT OF BEGINNING.
Parcel Eight
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189,
2nd District, 1st Section, Forsyth
County, Georgia, and being more partic¬
ularly BEGINNING described as follows: point
at a on the north¬
westerly side of Odell Street (a 5$ foot
right-of-way) located North 66 degrees
14 minutes 59 seconds East, a distance
of 798.83 feet from the corner common
to Land Lots 188, 189, 244 and 245; run
thence North 14 degrees 29 minutes 22
seconds West foot along the northeasterly for
side of a 26 access easement a
distance of 30.64 feet to a point; thence
North 77 degrees 13 minutes 48 sec¬
onds East for a distance of 88.54 feet to
a point; thence North 57 degrees 13
minutes 48 seconds East for a distance
of 43.44 feet to a point; thence South 32
degrees 46 minutes 12 seconds East
for a distance of 36.62 feet to a point
located on the northwesterly side of
Odell Street; thence 46.94 feet along an
arc, said bearing arc being South subtended by a
chord 62 degrees 45
minutes 59 seconds West, a distance of
46.42 feet and having a radius of 91.00
feet; thence South 77 degrees 32 min
utes 39 seconds West for a distance of
96.01 feet to the POINT OF BEGIN¬
NING. Said property is also shown as
PROPOSED OFFICE, containing 0.103
acres, 4488 square feet, on plat of sur
vey.for October Vickery Village, Building McWhorter, L, dated
23, 2003 by
Gilbert, Anderson, Land Surveying &
Civil Engineering, and bearing the seal
of Neil A. McWhorter, RLS #2644.
LESS AND EXCEPT FROM PARCEL
EIGHT THE FOLLOWING DESCRIBED
PROPERTY:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189
of the 2nd District, 1st Section of
Forsyth County, depicted Georgia, Suites and being 100,
identified and as
200 and 230 of of Building Building L and of Vickery Units
120, 4, 6 and 7 L
Village Office Park, a Declaration Condominium, of
under that certain
Condominium for Vickery Village Office
Park, a Condominium, recorded in Deed
Book 3516, Page 688, in the Office of
the Clerk of Superior Court of Forsyth
County, from time Georgia, time, the as may floor be amended the
to Village Office plans for
Vickery Condominium, recorded Park, in a
Condominium Cabinet No. BKFP1,
Page 58, et seq., aforesaid records, Office Park, and
plat for the Vickery Village
Condominium Building L, Phase Plat Book 1, recorded C01, Page at
149, et seq., aforesaid records.
Parcel Nine
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 244
and 245, 2nd District, 1st Section,
Forsyth County, Georgia, and being
more BEGIN particularly 1" crimp described pipe as follows: found
at a top at
the corner common to Land Lots 187,
188, 245 and 246, said District and
Section, and run thence along the north
line of Land Lot 245 North 88 degrees
33 minutes 37 seconds East, for a dis¬
tance of 1110.11 feet to the centerline
of Bentley Creek; thence along the cen¬
terline of said creek the following cours¬
es and distances: (1) South East, 50 degrees
31 minutes 07 seconds a distance
of 97.72 feet; (2) South 44 degrees 39
minutes 22 seconds East, a distance of
131.76 feet; (3) South 46 degrees 34
minutes 55 seconds East, a distance of
281.06 feet; (4) South 30 degrees 41
minutes 43 seconds East, a distance of
62.14 feet; (5) South 02 degrees 12
minutes 47 seconds West, a distance of
39.46 feet; (6) South 00 degrees 31
minutes 40 seconds West, a distance of
73.19 feet; (7) South 01 degrees 49
minutes 22 seconds West, a distance of
92.71 feet; (8) South 09 degrees 26
minutes 47 seconds East, a distance of
69.10 feet to a point; thence leaving the
centerline of said creek South 88
for degrees 45 minutes of 11 seconds feet West, point
a distance 1504.46 to Land a
located on the west line of Lot
245; thence along the west line of Land
Lot 245 North 01 degrees 19 minutes
34 seconds West, along the west line of
Land Lot 245 for a distance of 680.94
feet to a 1“ crimp top pipe located at the
common corner of Land Lots 187, 188,
245 BEGINNING. and 246, This being the POINT OF
ther described property 21.833 being fur¬
as acres
(951,036 square feet) on plat of survey
for Vickery Phase 8, by Rochester &
Associates, Inc., dated February 26,
2004, and bearing the seal of Frederick
C. Youngman, RLS No. 2160.
Parcel Ten
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189
of the 2nd District, 1st Section, Forsyth
County, ularly described Georgia, and follows: being more partic¬
as
TO FIND THE TRUE POINT OF BEGIN
NING, begin at a point marked by an
iron pin located at the “apparent" south¬
west land lot corner of Land Lot 189;
running thence North 00 degrees 14
minutes 29 seconds West and along the
“apparent" west of land 732.68 lot line of Land point Lot
189 a distance feet to a
marked by an iron pin; running thence
North 0 degrees 17 minutes 56 seconds
West and along the "apparent" west
land lot line of Land Lot 189 a distance
of 126.81 feet to a point and the TRUE
POINT OF BEGINNING; running thence
North 0 degrees 17 minutes 56 seconds
West and along the "apparent" west
land lot line of Land Lot 189 a distance
of 307.82 feet to a point; running thence
northeasterly, and along the arc of a
curve 49.22 to feet the (said right, arc an having arc distance chord of
a
bearing of North 81 degrees 06 minutes
10 seconds East, a chord distance of
49.16 feet and a radius of 280.50 feet)
to a point; running thence North 86
degrees 07 minutes 48 seconds East,
75.57 feet to a point; running thence of
southeasterly, and along the distance arc of a
curve to the right, an arc
30.97 feet (said arc having a chord
bearing of South 49 degrees 30 minutes
25 seconds East, a chord distance of
27.97 feet and a radius of 20.00 feet) to
a point; running thence South 06
degrees 31 minutes 32 seconds East,
112.13 feet to a point; along running thence of
southwesterly, and the arc of a
curve to the (said right, an having arc distance chord
202.09 feet arc a
bearing of South 30 degrees 41 minutes
PAGE 11B
18 seconds West, a chord distance of
118.17 feet and a radius of 155.50 feet)
to a point; running thence southwester¬
ly, and along the arc of a curve to the
left, an arc distance of 67.06 feet (said
arc having a chord bearing of South 64
degrees 13 minutes 20 seconds West, a
chord distance of 67.01 feet and a
radius of 519-50 feet) to a point located
on the “apparent" west land lot line of
Land Lot 189 and the TRUE POINT OF
BEGINNING.
The above described property is more
particularly shown as a 0.949 acre tract,
being delineated designated as Parcel 4-B on, and
according to, that certain plat
of survey for H. Michael Hughes by
Rochester & Associates, Inc. and bear¬
ing G.R.L.S. the seal No. of Morgan R. Mellette,
2354, dated June 7, 2002,
revised July 8, 2003, further revised
July 28, 2003, and further revised
January 19, 2004, Mellette, signed by the afore¬
said Morgan R. on February 6,
2004, which said plat is incorporated
herein by this reference thereto for a
more complete description of the cours¬
es and distances, metes and bounds of
the lands described herein.
Parcel Eleven
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 172
and 189 of the 2nd District, 1st Section,
Forsyth County, Georgia, and being
more TO FIND particularly THE TRUE described POINT as OF follows: BEGIN¬
NING, begin at a point marked by an
iron pin located at the "apparent" south¬
west land lot corner of Land Lot 189;
running thence North 00 degrees 14
minutes 29 seconds West and along the
“apparent" west of land lot line of Land Lot
189 a distance 732.68 feet to a point
marked by an iron pin; running thence
North 0 degrees 17 minutes 56 seconds
West and along the "apparent" west
land lot lines of Land Lots 172 and 189
a distance of 1094.83 feet to a point
marked by an iron pin; running thence
South 86 degrees 58 minutes 37 sec¬
onds East, 254.94 feet to a point
. marked by an iron pin; running thence
North 60 degrees 45 minutes 24 sec¬
onds East, 170.89 feet to a point
marked by an iron pin; running thence
North 88 degrees 03 minutes 37 sec¬
onds East, 139.19 feet to a point; run¬
ning thence South 17 degrees 36 min¬
utes 32 seconds East, 34.25 feet to a
point and the TRUE POINT OF BEGIN¬
NING; running thence South 17 degrees
36 minutes 32 seconds East, 102.50
feet to a point; running thence south¬
easterly, and along the arc of a curve to
the right, an arc distance of 190.25 feet
(said arc having a chord bearing of
South 8 degrees 53 minutes 45 sec¬
onds East, a chord distance of 189.51
feet and a radius of 625.50 feet) to a
point; running thence South 0 degrees
10 minutes 57 seconds East, 217.46
feet to a point; running thence south¬
westerly, and along the arc of a curve to
the right, an arc distance of 29.67 feet
(said arc having a chord bearing of
South 42 degrees 19 minutes 03 sec¬
onds West, a chord distance of 27.02
feet and a radius of 20.00 feet) to a
point; running thence South 84 deg rees
49 minutes 03 seconds West, 16.50 feet
to a point; running thence southwester¬
ly, and along the arc of a curve to the
left, an arc distance of 43.12 feet (said
arc having a chord bearing of South 78
degrees 00 minutes 41 seconds West, a
chord distance of 43.02 feet and a
radius of 181.50 feet) to a point; runnin
thence South 71 degrees 12 minutes 1
seconds West, 170.36 feet to a point;
running thence northwesterly, and along
the arc of a curve to the right, an arc
distance of 33.66 feet (said arc having a
chord bearing of North 60 degrees 34
minutes 55 seconds West, a chord dis¬
tance of 29.82 feet and a radius of
20.00 feet) to a point; running thence
North 12 degrees 22 minutes 09 sec¬
onds West, 265.54 feet to a point; run¬
ning thence northwesterly, and along
the arc of a curve to the right, an arc
distance of 62.96 feet (said arc having a
chord bearing of North 8 degi rees 34
minutes 35 seconds West, a cn ord dis
tance of 62.91 feet and a radius of
475.50 feet) to a point; running thence
North 4 degrees 47 minutes 00 seconds
West, 180.51 feet to a point; running
thence northeasterly, and along the arc
of a curve to the right, an arc distance
of 28.34 feet (said arc having a chord
bearing of North 35 degrees 48 minutes
47 seconds East, a chord distance of
26.03 feet and a radius of 20.00 feet) to
a point; running thence of northeasterly, the
and along the arc a curve to right,
an arc distance of 6.97 feet (said arc
having a chord bearing of North 75
degrees 56 minutes 47 seconds East, a
chord distance of 6.97 feet and a radius
of 431.50 feet) to a point; running
thence North 75 degrees 29 minutes 00
seconds East, 225.28 feet to a point;
running thence northeasterly, and along
the arc of a curve to the right, an arc
distance of 20.12 feet (said arc having a
chord bearing of North 74 degrees 23
minutes 55 seconds East, a chord dis¬
tance of 20.12 feet and a radius of
531.50 feet) to a point; running thence
southeasterly, and along the arc of a
curve to the right, an arc distance of
31.09 feet (said arc having a chord
bearing of South 62 degrees 08 minutes
51 seconds East, a chord distance of
28.06 feet and a radius of 20.00 POINT feet) to
a point and the TRUE OF
BEGINNING.
The above described property is more
particularly designated shown as Parcel a 3.775 4-C acre tract,
being as on, and
delineated according Michael to, that Hughes certain plat
of survey for H. by
Rochester & Associates, Inc., and bear¬
ing the seal of Morgan R. Mellette,
G.R.L.S. No. 2354, dated June 7, 2002,
revised July 8, 2003, further revised
July 28, 2003, and further revised
January 19, 2004, signed by the afore¬
said Morgan R. Mellette, on February 6,
2004, which said plat is incorporated
herein by this reference thereto for a
more complete description of the cours¬
es and distances, metes and bounds of
the lands described herein,
Parcel Twelve
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189
of the 2nd District, 1st Section, Forsyth
County, Georgia, and being more partic¬
ularly FIND described THE TRUE as follows: POINT OF BEGIN¬
TO
NING, begin at a point marked by an
iron pin located at the of "apparent” Land Lot south¬ 189;
west land lot corner
running thence North 00 degrees 14
minutes 29 seconds West and along the
“apparent" west land lot line of Land Lot
189 a distance of 732.68 feet to a thence point
marked by an iron pin; running
North 0 degrees 17 minutes 56 seconds
West and along the “apparent" distance west
land lot line of Land Lot 189 a
of 126.81 feet to a point; running thence
northeasterly, and along the arc of a
curve to the right, an arc distance of
67.06 feet (said arc having 13 a minutes chord
bearing of North 64 degrees
20 seconds East, & chord distance of
67.01 feet and a radius of 519.50 feet)
to a point; running thence northeasterly, left,
and along the arc of a curve to the
an arc distance of 99.86 feet (said arc
being the beginning, total or the first distance, part, of
an including arc having the aforesaid a 99.86 arc foot arc, or
155.50 feet, a chord bearing of North 30
degrees 41 minutes 18 seconds East, a
chord distance of 118.17 feet and a
radius of 155.50 feet) to a point; running
thence South 58 degrees 52 minutes 29
seconds East, 44.00 feet to a point and
the TRUE POINT OF BEGINNING; ; run
ning thence northeasterly, and along the
arc of a curve to the left, an arc dis¬
tance of 131.16 feet (said arc having a
chord bearing of North 12 deg rees 17
minutes 27 seconds East, a ch ord dis
tance of 128.81 feet and a radius of
199.50 feet) to a point; running thence
North 06 degrees 32 minutes 37 sec¬
onds ning thence West, northeasterly, 108.70 feet to and a point; along run¬ the
tance arc of of a curve 32.35 to feet the (said right, arc an having arc dis¬ a
See LEGALS, Page 12B .