HomeMy WebLinkAboutRecords Management N/A - 07/06/2020 - EFiled NR Deed, LLC Civic Action File No. 2019CV323925THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
NR DEED, LLC,
Petitioner,
LIM
FIRST CITIZENS BANK and TRUST
COMPANY, INC.; CC MANOR, LLC; CLUB
CORP.; THE MANOR GOLF AND
COUNTRY CLUB; CITY OF MILTON; and
FULTON COUNTY, GEORGIA,
Respondents.
CIVIL ACTION FILE
NO. 2019CV323925
Hamby Road
22-5180-0399-011-1
THIRD AMENDED PETITION
Fulton County Superior Court
***EFILED***TB
Date: 12/18/2019 10:04 AM
Cathelene Robinson, Clerk
NOW COMES NR Deed, LLC (hereinafter "Petitioner"), and amends its Petition to revise
the Second Adverse Claim in Exhibit "D". The amended Second Adverse Claim is attached hereto.
The remainder of the Petition is unchanged.
Respectfully submitted this 18" day of December, 2019.
Is/John E. Ramsev
John E. Ramsey
Georgia Bar No. 593650
Alice S. McQuade
Georgia Bar No. 495871
The McDeer Firm
4355 Cobb Parkway, Suite J-505
Atlanta, Georgia 30339
P:(404) 781-2275
ramseyQinvestaservices.com
alicemcquade@investaservices.com
SECOND ADVERSE CLAIM
Reciprocal Easement and Operating Agreement dated January 18, 2002 between King Family
Investments, L.P. and Falling Water, Inc., recorded in Fulton County Deed Book 31691, Page
667.
Easement Agreement dated March 13, 2008 between Brooks Land, Inc. and The Manor Golf and
Country Club, LLC, recorded in Fulton County Deed Book 46513, Page 296.
The Manor Golf and Country Club
15952 Manor Club Drive
Milton, GA 30004
The Manor Golf and Country Club, LLC
c/o Cliff Kennedy, RA
3460 Moye Trail
Duluth, GA 30097
ClubCorp USA, Inc.
c/o Corporation Service Company, Inc., RA
40 Technology Pkwy South #300
Norcross, GA 30092
ClubCorp Golf of Georgia, L.P.
c/o Corporation Service Company, Inc., RA
40 Technology Pkwy South #300
Norcross, GA 30092
CC Manor, LLC
c/o Chad A. Cloutier, RA
18 Talbot Avenue
Rockland, ME 04841
CC Manor, LLC
c/o Corporation Service Company, RA
112 North Curry Street
Carson City, NV 89703
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AFTER RECORDING,-flE{T9; -
Rolader & Rolader
P.O. Box 1357
Cobb & Hyre
Roswell, GA 30077
6085 IzA3 � orrast Drhr.+
(770) 442.0330
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RECIPROCAL EASEMENT AND OPERATING AGREEMENT
Deed Book 31691 Pg 667
State of Georgia Filed and Recorded Jan-16-2002 02:31ps
2002-0021505
Fulton County Real Estate Transfer Tax t0.00
Juanita Hicks
This Reciprocal Easement and Operating Agreement (hereinaftelFR of super` Rr6*q e
this _ day of January, 2002, by and between King Family InilhHtil*AIMgCN�{NBI&*f III III I IM
"KING") and Falling Water, Inc., a Georgia Corporation (hereinafter "BROOKS").
WITNESSETH:
WHEREAS, KING is the owner of certain property in Fulton County and Forsyth
County, Georgia consisting of approximately 279.661 acres, which property KING is
simultaneously herewith selling to BROOKS, and which property is more particularly described
on Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, KING is retaining a tract of approximately 20.17 acres which was originally
a part of the property described on Exhibit "A", which property shall be referred to as the
Reserved Property, and is more particularly described on Exhibit 'B" attached hereto and
incorporated herein by reference; and
WHEREAS, KING and BROOKS have entered into a real estate sales contract and eight
modifications thereto which contain the terms and conditions of sale of the property and the
retention of the Reserved Property, and which provides for certain easements and operating
agreements which are now being incorporated in this document for the benefit of the parties;
NOW, THEREFORE, for and in consideration of the foregoing premises, the sum of ten
dollars ($10) in hand paid by each party to the other party, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, KING and
BROOKS do hereby agree as follows:
1.
Temporary Access Easement
BROOKS hereby grants, conveys and assigns unto KING a temporary, nonexclusive
sixty foot wide access easement for ingress and egress for pedestrian and vehicular traffic from
Rogers Road to the Reserved Property over that certain tract or parcel of land more particularly
described on Exhibit "C" attached hereto and incorporated herein by reference. This easement
shall provide pedestrian and vehicular access to and from the Reserved Property to Rogers Road
and shall continue in full force and effect until such time as BROOKS has provided permanent
access to the Reserve Property by virtue of a public or private road which has been dedicated on
a final plat approved by and recorded in Fulton County and Forsyth County, Georgia, providing
permanent access and easements for the operation and maintenance of public and private utilities
from Hopewell Road to the Reserved Property. This temporary easement shall be void and of
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no further force or effect upon recording of the final plat referenced above with the proper
acceptance by Fulton County and Forsyth County, Georgia. Upon the request of BROOKS,
KING will execute a quit claim deed to the temporary easement at the time the permanent road is
in place. The temporary access easement shall be constructed by BROOKS and shall be
maintained by BROOKS for the benefit of KING until such time as the permanent easement is in
place. Brooks shall have the right to relocate the temporary easement so long as the width is not
changed, access is not interrupted and access is reasonable. All expense of relocation shall be
bome by Brooks This easement shall be superior to any mortgage, lien, or financing placed upon
the Property by BROOKS and any mortgage lender of BROOKS shall subordinate its interest to
the easement herein created, and to any subsequent permanent road. This easement shall run
with the title of the land of BROOKS and shall inure to the benefit of KING, its heirs, successors
and assigns and successors in title. '
2.
Sewer Easement
KING hereby grants, transfers and assigns unto BROOKS a sewer easement more
particularly described on Exhibit "D" attached hereto and incorporated herein by reference across
and over the Reserved Property for the purpose of installation and maintenance of sanitary sewer
serving the BROOKS parcel and the Reserved Property. This easement shall be permanent and
shall continue so long as a private or public sewer system is operated within the sewer easement.
The Sewer Easement shall initially be a 40 foot wide construction easement reverting to a 20 foot
wide permanent easement as more particularly indicated on Exhibit "D". All cost of
construction, installation and maintenance of the sewer easement shall be borne by BROOKS.
Upon completion of sewer line construction, Brooks shall stabilize, revegetate, grass and restore
the disturbed area This easement shall be a covenant running with the Reserved Property and
shall benefit BROOKS, its heirs, successors and assigns, and successors in title.
3.
Golf Course Easement
KING hereby grants, conveys and assigns unto BROOKS an easement over the property
more particularly described in Exhibit "E" attached hereto and incorporated herein by reference
for the purpose of allowing BROOKS to construct, maintain, and operate a portion of a golf
course on the property described on Exhibit "E". This easement shall be permanent in nature and
shall continue so long as a golf course is operated upon the property. All costs of construction,
maintenance and operation of the golf course facility shall be borne by BROOKS. As an
important part and parcel of this golf course easement agreement, BROOKS agrees to maintain
the dam and lake on the Reserved Property so long as it maintains a golf course facility on the
property described on Exhibit "E"_ This agreement shall run with the title to the Reserved
Property parcel and shall benefit BROOKS, its heirs, successors and assigns and successors in
title.
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Deed Book 31691 Pg 66y
Intill IIN111911IN I Hip 11111N11N11IIIIN
4.
Covenants, Conditions and Restrictions
KING and BROOKS do hereby agree and submit the BROOKS parcel described on
Exhibit "A" and the Reserved Property parcel described on Exhibit "B" to the following
covenants, conditions and restrictions for the mutual benefit of the parties. These covenants,
conditions and restrictions shall continue for a period of 20 years or until such time as all
performances required therein have been fully performed. The covenants, conditions and
restrictions are as follows:
A. The reserved parcel shall contain 19 subdivision lots. BROOKS agrees that the Reserved
Property shall be included in the covenants, conditions and restrictions for the Manor
Subdivision. When KING elects to develop any or all of the said 19 lots the covenants,
conditions and restrictions for the Manor shall include the Reserved Property as
additional property entitled to be subjected to the covenants, conditions and restrictions
for the Manor Subdivision and each of the lots in the Reserved Property shall be treated
equally with and affixed with the same assessments and charges as the other lots
developed in the Manor Subdivision.
B. Upon construction of a residence on any of the 19 lots in the Reserved Property, the
homeowner for such residence shall be required to purchase a mandatory social
membership in the Manor Golf and Country Club. The cost of this mandatory
membership shall be S 12,500.00 payable to BROOKS. The owner of any such residence
shall further be entitled to upgrade its membership in the Manor Golf and Country Club
to any other category provided by said Country Club upon the payment of the standard
fees or charges and initiation fees for such upgraded membership charged to other
residence owners in the development.
C. Dr. J. Dudley King shall be provided simultaneously herewith a full, unrestricted golf
membership in the Manor Golf and Country Club, without charge. This membership
shall he fully vested upon execution of this agreement as an equity membership in said
golf and country club and shall have an initial value of $38,000.00. Said golf
membership shall have the same rights and privileges of repurchase as any other equity
membership in the Manor Golf and Country Club. Dr. J. Dudley King shall have a
absolute right to assign this membership, without charge, to a family member either while
he is in life or by testamentary provision of his will. Transfer or assignment of the equity
membership shall not affect its status as a full, unrestricted, equity golf membership.
D. Certain lots in the Reserved Property will have frontage on a developer created road. For
each such lot, KING will pay its prorata share of development costs for these lots.
Development costs to be prorated shall be defined as costs of paving, curb and gutter,
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installation of water line, sewer line, storm sewer line, gas, electric, telephone, and cable
utilities. BROOKS shall provide full and complete documentation for all expenses of
development, and such costs shall not exceed market rate in the trade. Payment due
BROOKS shall be paid upon acceptance of the final plat by the applicable government
entity for the lots affected in the Reserved Property, or at seller's option, at a later date
when the Reserved Property lots are ready to market by KING, provided that KING pays
BROOKS interest at the rate 7% simple interest per annum on the development expense
from the date the final plat is approved until the date payment is made.
E. The nineteen lots in the Reserved Property shall have capacity reserved in the sewer
treatment plant for their use and shall be entitled to connect to the sewer system for the
Manor Subdivision at the same price as the other lots in the development contained
within the BROOKS parcel. At the time the Reserved Property is developed and a final
plat is approved for it, the roadways within the Reserved Parcel shall be dedicated as
public or private roads to the requirements of the applicable governmental entity.
5.
Termination of Certain Provisions
In the event BROOKS is unable to obtain a permit for the construction of your private
sewer system or is unable to obtain a land disturbance permit for the BROOKS parcel described
on Exhibit "A", Paragraphs 2 and 3 and certain of the terms and provisions contained in
Paragraph 4. of this Agreement shall terminate. Those terms and provisions which will terminate
and be of no further force and effect are 2., 3.,413., 4C., and 4E. The parties agree to execute and
record an amendment to this agreement in the event there is a termination of certain conditions.
6.
Subordination of Mortgagees
This Agreement shall be recorded simultaneously with the sale of the land described on
Exhibit A to Brooks and prior to the creation or recording of any loan or mortgage lien, including
any purchase money mortgage, on the land described therein. The Reserved Property is not
encumbered with any loan or mortgage lien as of the date of closing. It is the express intention
of the parties that this Agreement be superior to any loan or mortgage encumbrance on either the
Exhibit A or B property, so that in the future, all financing is inferior and subject to the terms of
this Agreement. Any mortgagee or lien holder of the property of either party hereto shall be
deemed to have consented to the grant of all the easements and covenants, conditions and
restrictions herein contained, and to have consented and agreed that all of such easements and
covenants shall be superior to any mortgage or security interest granted to any such mortgagee, it
being the intention of the parties and their mortgages that the easements and covenants herein
created and granted shall serve the respective properties to the benefit of all parties concerned,
and shall survive and be unaffected by the foreclosure of any secured interest of any mortgagee
in the property.
W
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7.
General Provisions
Deed Book 31691 Pg 671
IIIIIp1111u1IngIIIHINN1IIIInIIII IIIII 1lilt
This Agreement shall be governed by the laws of the state of Georgia. It shall be binding
upon the respective parties, their heirs, successors and assigns and successor in title. This
Agreement may be enforced by any party hereto by all remedies permitted either at law or in
equity and all remedies shall be deemed cumulative and none shall be exclusive. Any portion of
this Agreement deemed void, voidable or unenforceable by any court of competent jurisdiction
shall be deemed severed from the remainder, which remainder shall be fully enforceable
according to its terms. Time is of the essence in this Agreement. It is the intention of the parties
that this Agreement be recorded upon the deed records of Fulton County and Forsyth County,
Georgia.
Wherefore, the parties have executed this agreement under seal as of the dates indicated
by their respective signatures.
sworn to and ascri�efore me King Family Investments, L.P.
this �i of J 40 .2277--
By:
Witness s"' "''
,g`�k yyA_+ Title: 615A'11-4� &XrlE4
My
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Deed Book 31691 pg 672
EXHIBIT 'A - 1
umnawnulr�nmrinllnunauiauennn
WRITTEN DESCRIPTION
TRACT ONE
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS
397, 398, 399, 467, 466, 396, 325, 326, 323 AND 324 OF THE 2"D DISTRICT, 2ND,
SECTION, FULTON COUNTY, GEORGIA AND LAND LOTS 397,468 AND 396 OF
THE 2"D DISTRICT, 1' SECTION, FORSYTH COUNTY, GEORGIA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEAST RIGHT OF WAY
LINE OF HAMBY ROAD (60' R/W) AND THE NORTH LINE OF LAND LOT 399 OF
THE 2"D DISTRICT, 2ND SECTION, FULTON COUNTY; THENCE ALONG SAID
LAND LOT LINE, N88"55'04'E, A DISTANCE OF 1159.50' TO AN IRON PIN
FOUND AT THE LAND LOT CORNER COMMON TO LAND LOTS 399, 394, 395
AND 398; THENCE S88"41'01"E, A DISTANCE OF 1306.84' TO AN IRON PIN
FOUND; THENCE N00"1 T39"E, A DISTANCE OF 1361.40' TO AN IRON PIN
FOUND AT THE LAND LOT CORNER COMMON TO LAND LOTS 396, 395, 325
AND 326; THENCE ALONG THE NORTHERN LINE OF LAND LOT 395
N89°06'40" W, A DISTANCE OF 656.90' TO AN IRON PIN FOUND; THENCE
LEAVING SAID LAND LOT LINE N000371 I "W, A DISTANCE OF 664.78' TO AN
IRON PIN FOUND; THENCE N88048'29"W, A DISTANCE OF 638.29' TO A POINT;
SAID POINT BEING ON THE WEST LINE OF LAND LOT 326; THENCE ALONG
SAID LAND LOT LINE N00046'42"W, A DISTANCE OF 632.00' TO AN IRON PIN
FOUND AT THE LAND LOT CORNER COMMON TO LAND LOTS 326, 327, 322
AND 323; THENCE ALONG THE NORTH LINE OF LAND LOT 326, N89"12'24"E,
A DISTANCE OF 610.94' TO AN IRON PIN FOUND; THENCE LEAVING SAID
LAND LOT LINE, NO3"18'34"E, A DISTANCE OF 1067.87' TO AN IRON PIN SET
ON THE SOUTHERN RIGHT OF WAY LINE OF LONGSTREET ROAD (50' R/W);
THENCE ALONG SAID RIGHT OF WAY LIN S5502576"E, A DISTANCE OF
231.09' TO A POINT; THENCE CONTINUING ALONG THE ARC OF A CURVE TO
THE LEFT 1133.56', SAID CURVE HAVING A RADIUS OF 793.75' AND A CHORD
BEARING OF N83028'48"E AND A CHORD DISTANCE OF 1039.65' TO AN IRON
PIN FOUND; THENCE LEAVING SAID RIGHT OF WAY LINE S02022'17"E, A
DISTANCE OF 222.36' TO AN IRON PIN SET ON THE SOUTHERN LINE OF
WILLS ROAD (30' R/W); THENCE ALONG WILLS ROAD S78007'03"E, A
DISTANCE OF 1 10.52' TO A POINT; THENCE CONTINUING S66"02'03"E, A
DISTANCE OF 77.00' TO A POINT; THENCE CONTINUING S39037'03"E, A
DISTANCE OF I00.00' TO A POINT; THENCE S15"39'03"E, A DISTANCE OF
180.00' TO A POINT; THENCE SI 1"42'57"W, A DISTANCE OF 201.IY TO A POINT;
THENCE S22022'03"W, A DISTANCE OF 102.59 TO AN IRON PIN SET; THENCE
LEAVING SAID RIGHT OF WAY LINE S89027'49"W, A DISTANCE OF 121 20' TO
AN IRON PIN SET; THENCE S00"58'50"W, A DISTANCE OF 1553.29' TO AN IRON
PIN FOUND ON THE SOUTH LINE OF LAND LOT 325; THENCE ALONG THE
SOUTH LINE OF LAND LOT 325, N88"4974"E, A DISTANCE OF 582.20' TO AN
IRON PIN FOUND, SAID POINT BEING ON THE COUNTY LINE COMMON TO
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Deed Back 31691 pg 673
EXHIBIT Iin11I'll 1113if111111111111111111111111111111111
FULTON COUNTY AND FORSYTH COUNTY; THENCE ALONG SAID COUNTY
LINE 300-4l25"E, A DISTANCE OF 40.40' TO AN IRON PIN SET; SAID POINT
BEING ON THE NORTH LINE OF LAND LOT 396, 2ND DISTRICT, I ST SECTION,
FORSYTH COUNTY; THENCE LEAVING SAID COUNTY LINE AND
CONTINUING ALONG THE NORTH LINE OF LAND LOT 396, S89°45'54"E, A
DISTANCE OF 465.90' TO AN IRON PIN SET; THENCE LEAVING SAID LAND
LOT LINE S00007'06"W, A DISTANCE OF 647.50' TO AN IRON PIN SET; THENCE
S89"41'54"E, A DISTANCE OF 685.00' TO AN IRON PIN FOUND ON THE EAST
LINE OF LAND LOT 396, THENCE CONTINUING ALONG SAID LAND LOT LINE
S00°57'54"E, A DISTANCE OF 671.90' TO AN IRON PIN FOUND AND THE
COMMON CORNER OF LAND LOTS 396, 397, 395 AND 398; THENCE ALONG
THE EAST LINE OF LAND LOT 397, S01-41'55"E, A DISTANCE OF 1328.86' TO
AN IRON PIN FOUND AT THE LAND LOT CORNER COMMON TO LAND LOTS
397, 398, 467 AND 468; THENCE ALONG THE SOUTH LINE OF LAND LOT 397,
N89°50'45"W, A DISTANCE OF 218.79' TO A POINT; SAID POINT BEING IN THE
CENTERLINE OF JOE DODD BRANCH, THENCE IN A SOUTHWESTERLY
DIRECTION ALONG THE CENTERLINE OF SAID BRANCH APPROXIMATELY
175' TO A POINT, SAID POINT BEING THE INTERSECTION OF JOE DODD
BRANCH AND LEANDER PACE BRANCH; THENCE IN A NORTHWESTERLY
DIRECTION ALONG SAID CENTERLINE OF LEANDER PACE BRANCH
APPROXIMATELY l 15' TO A POINT; SAID POINT BEING ON THE SOUTH LINE
OF LAND LOT 397; THENCE ALONG SAID LAND LOT LINE N89°50'45"W, A
DISTANCE OF 838.1 I' TO AN AXLE FOUND, SAID CORNER ALSO BEING ON
THE COUNTY LINE DIVIDING FORSYTH COUNTY AND FULTON COUNTY;
THENCE ALONG THE SOUTHERN LINE OF LAND LOT 397, 2ND DISTRICT, 2ND
SECTION OF FULTON COUNTY, N89043'27"W, A DISTANCE OF 1351.04' TO AN
IRON PIN FOUND, SAID CORNER BEING THE LAND LOT CORNER COMMON
TO LAND LOTS 397, 468, 398 AND 467; THENCE ALONG THE SOUTHERN LINE
OF LAND LOT 398, N89°02'40"W, A DISTANCE OF 849.81' TO AN IRON PIN
FOUND; THENCE S 14°25'S6"W, A DISTANCE OF 392.72' TO AN IRON PIN
FOUND ON THE NORTHERN RIGHT OF WAY OF HAMBY ROAD (60' R/W);
THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTHERN RIGHT
OF WAY LINE OF HAMBY ROAD A DISTANCE OF 2372.29' TO THE POINT OF
BEGINNING.
CONTAINING 287.5± ACRES AS SHOWN ON A SURVEY BY GRANT SHEPHERD
& ASSOCIATES, INC. DATED I/11102, TITLED SURVEY FOR: KING RESERVE,
FALLING WATERS INVESTMENTS, LTD.
LESS AND EXCEPT
TRACT THREE
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS
396 AND 397, 2ND DISTRICT, 211D SECTION, FULTON COUNTY, GEORGIA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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EXHIBIT A - 3
Deed Book 3 1 69 1 Pg 674
1111nil 117HI1111111asomil11M1OWN
COMMENCING AT A [RON PIN FOUND 47.01' WEST FROM THE COMMON
CORNERS OF LAND LOTS 395,396,397 AND 398; THENCE N64031'21"E A
DISTANCE OF 1107.0870 AN IRON PIN SET AND THE TRUE POINT OF
BEGINNING; THENCE S87044'25"E A DISTANCE OF 120.0P TO AN IRON PIN
SET; THENCE ALONG A CURVE TO THE RIGHT 142AT SAID CURVE HAVING
A RADIUS OF 1982.00' AND A CHORD BEARING OF S85040'52"E AND A CHORD
DISTANCE OF 142.44' TO AN IRON PIN SET; THENCE ALONG A CURVE TO
THE RIGHT 47.66SAID CURVE HAVING A RADIUS OF 1982.00' AND HAVING
A CHORD BEARING OF S82"55'58"E AND A CHORD DISTANCE OF 47.66TO AN
IRON PIN SET; THENCE S77°47'58"E A DISTANCE OF 90.3T TO AN IRON PIN
SET; THENCE S82"14'39"E A DISTANCE OF 2009.12' TO AN IRON PIN SET;
THENCE ALONG A CURVE TO THE RIGHT 117.87' SAID CURVE HAVING A
RADIUS OF 475.00' AND HAVING A CHORD BEARING OF S75008'07" E AND A
CHORD DISTANCE OF 117.57' TO AN IRON PIN SET; THENCE S68101'35"E A
DISTANCE OF 177.86 TO AN IRON PIN SET: THENCE ALONG A CURVE TO
THE RIGHT 264.2l' SAID CURVE HAVING A RADIUS OF 175.00' AND HAVING
A CHORD BEARING OF S24046'30"E AND A CHORD DISTANCE OF 239.82' TO
AN IRON PIN SET; THENCE S I8°28'35"W A DISTANCE OF 37.02' TO AN IRON
PIN SET; THENCE N7191'25"W A DISTANCE OF 210.77' TO AN IRON PIN SET;
THENCE S60"10'40"W A DISTANCE OF 109.91' TO AN IRON PIN SET; THENCE
S00019'26"W A DISTANCE OF 462.81' TO AN IRON PIN SET; THENCE
S88°05'01 "W A DISTANCE OF 41.35' TO AN IRON PIN SET; THENCE
S69"50'58"W A DISTANCE OF 220.62' TO AN IRON PIN SET; THENCE S27036'31 "E
A DISTANCE OF 187.96' TO AN IRON PIN SET; THENCE ALONG A CURVE TO
THE LEFT 107.15' SAID CURVE HAVING A RADIUS OF 500' AND HAVING A
CHORD BEARING OF S01"00'03"W AND A CHORD DISTANCE OF 87.79' TO AN
IRON PIN SET; THENCE S29"36'37"W A DISTANCE OF 1 I5.38' TO AN IRON PIN
SET; THENCE S45"01'35"W A DISTANCE OF 96.60' TO AN IRON PIN SET;
THENCE S85032'39"W A DISTANCE OF 113.46TO AN IRON PIN SET; THENCE
N6203518"W A DISTANCE OF 280.95' TO AN IRON PIN SET; THENCE
N10°42'06"W A DISTANCE OF 247.24' TO AN IRON PIN SET; THENCE
N54050'30"E A DISTANCE OF 144.27' TO AN IRON PIN SET; THENCE
N35009'30"W A DISTANCE OF 240.89' TO AN IRON PIN SET; THENCE
N02036'50"W A DISTANCE OF 344.98' TO AN IRON PIN SET; THENCE
N38042'48"E A DISTANCE OF 8.50' TO AN IRON PIN SET; THENCE NO2°1 5'35"E A
DISTANCE OF 280.74' TO AN IRON PIN SET AND THE POINT OF BEGINNING.
CONTAINING 878,592 S.F. OR 20.17 ACRES.
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Deed Book 31691 pg 675
EXHIBIT Fl—y InnaBnnnlle1uniaeepill lmm11lluBnnn
WRITTEN DESCRIPTION
TRACT TWO
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS
323 AND 324, 2ND DISTRICT, 2"D SECTION, FULTON COUNTY, GEORGIA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN FOUND AT THE LAND LOT CORNER COMMON
TO LAND LOTS 253, 254, 323 AND 324 OF THE 2ND DISTRICT, 2"D SECTION,
FULTON COUNTY, GEORGIA; THENCE ALONG THE NORTHERN LINE OF
LAND LOT 324, N89°40'26"E, A DISTANCE OF 621.23' TO AN [ RON PIN FOUND;
THENCE LEAVING SAID LAND LOT LINE S00°33' 18"W, A DISTANCE OF
247.38' TO A POINT, SAID POINT BEING ON THE NORTHERN RIGHT OF WAY
LINE OF LONGSTREET ROAD (50' R/W); THENCE ALONG THE NORTHERN
RIGHT OF WAY OF LONGSTREET ROAD 1120.08' ALONG THE ARC OF A
CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 741.03' AND A
CHORD BEARING OF S81908'59"W AND A CHORD DISTANCE OF 1016.45' TO A
POINT; THENCE CONTINUING ALONG SAID RIGHT OF WAY, N55°25'26"W, A
DISTANCE OF 267.94' TO AN IRON PIN FOUND; THENCE LEAVING SAID
RIGHT OF WAY N01048'47"W, A DISTANCE OF 327.88' TO AN IRON PIN
FOUND, SAID POINT BEING ON THE NORTH LINE OF LAND LOT 323; THENCE
ALONG SAID LAND LOT LINE N89°40'26"E, A DISTANCE OF 613.90' TO THE
POINT OF BEGINNING.
CONTAINING 12,331 ACRES, AS SHOWN ON A SURVEY BY GRANT
SHEPHERD & ASSOCIATES, INC., DATED 1111102, TITLED SURVEY FOR: KING
RESERVE, FALLING WATERS INVESTMENTS, LTD.
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EXHIDIT�_ Deed Book 31691 Pg 676
IIINNNIIIIIif1NNIN1111111Hill III Rill lllll11111
WRITTEN DESCRIPTION
TRACT THREE
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS
396 AND 397, 2ND DISTRICT, 2ND SECTION, FULTON COUNTY, GEORGIA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A IRON PIN FOUND 47.01' WEST FROM THE COMMON
CORNERS OF LAND LOTS 395,396,397 AND 398; THENCE N64031'21 "E A
DISTANCE OF 1107.0870 AN IRON PIN SET AND THE TRUE POINT OF
BEGINNING; THENCE S87°44'25"E A DISTANCE OF 120.01' TO AN IRON PIN
SET; THENCE ALONG A CURVE TO THE RIGHT 142AT SAID CURVE HAVING
A RADIUS OF 1982.00' AND A CHORD BEARING OF S85"40'52"E AND A CHORD
DISTANCE OF 142.44' TO AN IRON PIN SET; THENCE ALONG A CURVE TO
THE RIGHT 47.66' SAID CURVE HAVING A RADIUS OF 1982.00' AND HAVING
A CHORD BEARING OF S82055'58"E AND A CHORD DISTANCE OF 47.66' TO AN
IRON PIN SET; THENCE 577"47'58"E A DISTANCE OF 90.33' TO AN IRON PIN
SET; THENCE S82"14'39"E A DISTANCE OF 2009.12' TO AN IRON PIN SET;
THENCE ALONG A CURVE TO THE RIGHT 117.87' SAID CURVE HAVING A
RADIUS OF 475.00' AND HAVING A CHORD BEARING OF S75008'07" E AND A
CHORD DISTANCE OF 117.57TO AN IRON PIN SET; THENCE S68"01'35"E A
DISTANCE OF 177.86' TO AN IRON PIN SET: THENCE ALONG A CURVE TO
THE RIGHT 264.21' SAID CURVE HAVING A RADIUS OF 175.00' AND HAVING
A CHORD BEARING OF S24046'30"E AND A CHORD DISTANCE OF 239.82' TO
AN IRON PIN SET; THENCE S I M8'35"W A DISTANCE OF 37.02' TO AN IRON
PIN SET; THENCE N7103125"W A DISTANCE OF 210.77' TO AN IRON PIN SET;
THENCE S60010'40"W A DISTANCE OF 109.91' TO AN IRON PIN SET; THENCE
S00019'26"W A DISTANCE OF 462.81' TO AN IRON PIN SET; THENCE
S88005'0I "W A DISTANCE OF 41.35' TO AN IRON PIN SET; THENCE
S69050'58"W A DISTANCE OF 220.62' TO AN IRON PIN SET; THENCE S27°36'3I "E
A DISTANCE OF 187.96' TO AN IRON PIN SET; THENCE ALONG A CURVE TO
THE LEFT 107.15' SAID CURVE HAVING A RADIUS OF 500' AND HAVING A
CHORD BEARING OF SOl "00'03"W AND A CHORD DISTANCE OF 87.79' TO AN
IRON PIN SET; THENCE S29°36'37"W A DISTANCE OF 115.38' TO AN IRON PIN
SET; THENCE S45°01'35"W A DISTANCE OF 96.60' TO AN IRON PIN SET;
THENCE S85032'39"W A DISTANCE OF 113.46' TO AN IRON PIN SET; THENCE
N62035'18"W A DISTANCE OF 280.95' TO AN IRON PIN SET; THENCE
N10042'06"W A DISTANCE OF 247.24' TO AN IRON PIN SET; THENCE
N54050'30"E A DISTANCE OF 144.27' TO AN IRON PIN SET; THENCE
N35009'30"W A DISTANCE OF 240.89' TO AN IRON PIN SET; THENCE
N02036'50"W A DISTANCE OF 344.98' TO AN IRON PIN SET; THENCE
N38042'48"E A DISTANCE OF 8.50' TO AN IRON PIN SET; THENCE NO2"15'35"E A
DISTANCE OF 280.74' TO AN IRON PIN SET AND THE POINT OF BEGINNING.
CONTAINING 878,592 S.F. OR 20.17 ACRES.
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Deed Boots 31 69 1 Pg 67 7
Iall 11Nl11111111111111a1111111111aI1111111111All
WRITTEN DESCRIPTION
60' INGRESS/HGRESS EASEMENT
ROGERS DRIVE
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT
396, 2ND DISTRICT, 1 °T SECTION, FORSYTH COUNTY, GEORGIA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TO FIND THE TRUE POINT OF BEGINNING, COMMENCE AT THE LAND LOT
CORNER COMMON TO LAND LOTS 396, 397, 398 AND 395 OF THE !ND
DISTRICT, In SECTION, FORSYTH COUNTY, GEORGIA; THENCE ALONG THE
EASTERN LINE OF LAND LOT 396, N00457'54"E, A DISTANCE OF 31 1.98' TO A
POINT, SAID POING BEING ON THE SOUTH LINE OF ROGERS ROA13
EASEMENT (60' EASEMENT) AND THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID LAND LOT LINE AND CONTINUING ALONG SAID EASEMENT,
S79"13'03"W, A DISTANCE OF 193.97'TO A POINT; THENCE CONTINUING
S77"26'24"W, A DISTANCE OF 193.48' TO A POINT; THENCE CONTINUING
S79°21'14"W, A DISTANCE OF 129.71' TO A POINT; THENCE ALONG THE ARC
OF A CURVE TO THE LEFT 67.78', SAID CURVE HAVING A RADIUS OF 175.00'
AND A CHORD BEARING OF N37"40'47"W AND A CHORD DISTANCE OF 67.36'
TO A POINT, SAID POINT BEING ON THE NORTHERN EASEMENT OF ROGERS
ROAD; THENCE CONTINUING ALONG THE NORTHERN EASEMENTOF
ROGERS ROAD N79"21'14"E, A DISTANCE OF 159.32; THENCE CONTINUING
N77"26'39"E, A DISTANCE OF 193.8T TO A POINT; THENCE CONTINUING
N79"13'03"E, A DISTANCE OF 204.82' TO A POINT, SAID POINT BEING ON THE
EAST LINE OF LAND LOT 396; THENCE CONTINUING ALONG SAID LAND
LOT LINE S00"57'54"E, A DISTANCE OF 60.89' TO THE TRUE POINT CF
BEGINNING.
CONTAINING 32,107 S. F_ OR 0.74 ACRES.
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Deed Book 31691 pg 678
IIIUMpIp11RUINUlUI�11111111111�11111111UN
EXHIBIT
WRITTEN DESCRIPTION
20' SANITARY SEWER EASEMENT
ALL THAT TRACTOR PARCEL OF LAND LYING AND BEING IN LAND
LOT 396AND 397, 2"D DISTRICT, INT SECTION, FORSYTH COUNTY,
GAORGIA, AND LAND LOT 397, OF THE 2ND DISTRICT, 2ND SECTION
FULTON COIINTY, GEORGIA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
TO FIND THE TRUE POINT OF BEGINNING, COMMF.NCEAT A IRON
PIN FOUND AT COMMON CORNERS OF LAND LOTS 395,396, 397
AND 398, TH.FNCE N64"3171 "F. 1107. 08' TO AN IRON PIN SET AND
THE TRUE POINT OF BEGINNING FOR TRACT THREE, THENCE
S02"1 S'35"W ?80.74' TO AN IRONPIN SE%; THENCE S 40°22'04'E 82.32'
TO AN IRON PIN SET,%HENCE S020365O"E344.98' TO AN IRON PIN
SET; THENC 5 S35°09'30"E 240.89' TO AN IRONPIN SET AND THE
TRUE POINT OF BEGINNING FOR SAID EASEMENT; THENCE
S54 "50'30"W 20.00' TO A POINT ; THENCE S59°00'35"E 190.45' TO A
POINT, THENCE
S72"17'32 "E 73.56' TO A POINT, • THENCE SI0018'28"E 143.56, TO A
POINT, • THENCE S07041 '48"W 136.55' TO A POINT- THENCE
.S47038'34"W 106.44' TO A POINT, • THENCE N45001'35"E 20.02' TO A
POINT,- THENCE, N47"3534"W 96.89' TO A POINT; THENCE
N07041 '48 "E 126.17' TO A POINT, • ?'HENCE NIO"I8'25"W 120.12' TO A
POINT; THENCE N57"06'48"E 29.23' TO A POINT THENCE'
N69052'36"E 50.95' TO A POINT; THENCE N23 "12'48"E 48.60' TO A
POINT THENCE N37"12'15"E 52.19' TO A POINT; THENCESS2041'45"E
20.00TO A POINT, • THENCE. S37012115" W 54.64' TO A POINT: THENCE
S23 "! 2'14"W 42.43' TO A POINT THENCES69052'361IW 44.56' TO A
POINT; THENCE S60°2652W 22.64' TO A POINT, THENCE
N40050'02" u' 53.20' TO A POINT; THENCEN72017'32 "W 83.25' TO A
POINT, THENCEN5900095 "W 188.25' TO THE. POINT OF BEGINNING
OF SAID EASEMENT.
CONTAINING 2,665 S.F
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Deed Book 31691 Pg 67,3
Juanita
EXHIBIT E Hicks
Clerk of Superior Court
Fulton County, Georgia
GOLF COURSE EASEMENT IIItII1111pIIIIt819Gllllllllllltllllgtl911111111
KING RESERVE
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS
396 AND 397 OF THE 2ND DISTRICT, 2ND SECTION, FULTON COUNTY,
GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TO FIND THE TRUE POINT OF BEGINNING, COMMENCE AT THE LAND LOT
CORNER COMMON TO LAND LOTS 395, 396, 397 AND 398 OF THE 2No
DISTRICT, 2ND SECTION, FULTON COUNTY, GEORGIA; THENCE N64'31'21 "E, A
DISTANCE OF 1107.08' TO AN IRON PIN SET AT THE NORTHWEST CORNER
OF THE KING RESERVE TRACT; THENCE S02°15'35"W, A DISTANCE OF 280.74'
TO AN IRON PIN SET; THENCE SI-rI8'02"W, A DISTANCE OF 164.77' TO AN
IRON PIN SET; THENCE S02"36'50"E, A DISTANCE OF 5 1. 1 V TO AN IRON PIN
SET AND THE TRUE POINT OF BEGINNING; THENCE S02°36'50"E, A DISTANCE
OF 292.88' TO AN IRON PIN SET; THENCE S35"09'30"E, A DISTANCE OF 176.94'
TO AN IRON PIN SET; THENCE NIM3'48"E, A DISTANCE OF 217.63' TO AN
IRON PIN SET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT 349.92',
SAID CURVE HAVING A RADIUS OF 176.00' AND A CHORD BEARING OF
N38°33'35"W AND A CHORD DISTANCE OF 295.07TO THE TRUE POINT OF
BEGINNING.
CONTAINING 57,488 S. F. OR 1.3197 ACRES AS SHOWN ON SURVEY BY
GRANT SHEPHERD & ASSOCIATES, INC. DATED 1/11/02, TITLED SURVEY
FOR: KING RESERVE, FALLING WATERS INVESTMENTS, LTD.
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Deed Book 46513 Pg 296
Filed and Recorded Mar-25-2006 01:31pe
2008-0069953
After recording
Real Estate Transfer Tax $0.09
Cathelene Robinson
Please return to:
Clerk of Superior Court
Cobb & Hyre
Fulton County, Georgia
6085 Cake Forrest Drive
Suite 200
Atlanta, GA 30328
Attn: Carry K. Hyre
STATE OF GEORGIA
COUNTY OF FULTON
EASEMENT AGREEMENT
qj�(kTHIS EASEMENT AGREEMENT (this "Agreement') is made as of this L day
of Frbw-My, 2008, by and between BROOKS LAND, INC., a Georgia corporation
("Tract A Owner"), and THE MANOR GOLF AND COUNTRY CLUB, LLC, a
Georgia Limited Liability Company ("Tract B Owner').
RECITALS:
WHEREAS, Tract A Owner owns the property described on "Exhibit A Easement
Areas #I through #14" attached hereto and incorporated herein by reference ("Tract A").
WHEREAS, Tract B Owner owns the property described on "Exhibit B - Tracts
A,B,C,D,E,F,G,H,I,J,K and Golf Maintenance Tract" attached hereto and incorporated
herein by reference ("Tract B").
WHEREAS, Tract A and Tract B are contiguous parcels.
WHEREAS, Tract A Owner has agreed to grant Tract B Owner an easement for
access, utilities, reverse irrigation pond access and a golf course (pursuant to article 11.14
of the Declaration of Conservation Conditions and Restrictions for The Manor Golf and
Country Club recorded March 19, 2004 at Deed Book 37257, page 401467) and as set
forth at Plat Book 322, Pages 19 - 23, Plat Book 315, Pages 51- 60, Plat Book 322,
Pages 2 - 18, Plat Book 327, Pages 61 - 77, Plat Book 311, Pages 103 -112, Plat Book
279, Pages 53 - 62 and Plat Book 280, Pages 90 -100, Fulton County, Georgia records.
NOW, THEREFORE,, for and in consideration of the stun of Ten Dollars
{$10.00), in hand paid each to the other, the benefits accruing to each of the parties hereto
of and from the easements, agreements, and licenses created hereby, and licenses created
hereby, and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Tract A Owner and Tract B Owner hereby agree as follow:
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Deed Book 46513 Pg 297
SECTION I
DEFINITIONS
1.1 Definitions: In addition to any other terms whose definitions are fixed and
defined by this Agreement, each of the following defined terms, when
used in this Agreement with an initial capital letter or initial capital letters,
shall have the meaning ascribed thereto by this Article I:
Easement Area: The non-exclusive right granted to Tract B Owner, its
employees, invitees and designees to use the Easement Area (Tract A) as
hereinabove defined.
Tract or Tracts: Individually or collectively as the case may be, Tract A or Tract
B.
SECTION 11
2.0 GRANT OF EASEMENT
2,0.1 Grant of Easements. Tract A Owner hereby grants to Tract B
Owner, its successors and assigns;
(I) an easement for vehicular and pedestrian ingress and
egress over, through and across those streets, cart paths and other areas as
reflected on those certain plats as previously set forth herein,
(2) Use of any and all utility easements as set forth on said plats,
(3) Reverse irrigation pond easements as set forth on said plats,
(4) Golf course easement as set forth on said plats as set forth in
article 11.14 of the Declaration of Conservation Conditions and Restrictions for
The Manor Golf and Country Club recorded March 19, 2004 at Deed Book
37257, page 401-467, and an easement for the same purpose over, across and
through Tract A attached hereto,
(5) Golf course path easement for the use of golf carts over and
across that property set forth on Easement Area #14 attached hereto as part of
Tract A.
2.1 GENERAL
2.1.1 Tract A Owner's Risht to Exclude. Tract A Owner also grants
Tract B Owner the right to exclude others from the Easement Area by any lawful
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I
Deed Book 46513 Pg 298
and reasonable means. Tract B Owner's right to exclude others includes, but is
not limited to the following: (a) Tract B Owner may display signs to the general
public stating that the Easement Area is reserved for Tract B Owner's exclusive use;
and (b) Tract B Owner may enforce its exclusive rights in the Easement Area
SECTION III
OBLIGATIONS
3.01 Maintenance. Tract B owner shall maintain, repair and replace the
improvements to the Easement Area (Tract A) at its cost and expense.
3.02 Taxes and Liens. Tract A Owner shall pay, prior to delinquency,
all real and personal property taxes and assessments levied against Tract A,
directly to the appropriate taxing authorities. Tract B Owner shall pay, prior to
delinquency, all real and personal property taxes and assessments levied against
Tract B.
SECTION IV
REMEDIES
4.01 Tax or Other Monetary Default. If Tract A Owner fails to pay any
ad valorem tax, assessment or charge, or other governmental assessments
affecting Tract A prior to delinquency, then Tract B Owner may pay such tax or
assessment, and upon submission to Tract A Owner of a written statement
demanding reimbursement together with a receipt for such payment, Tract B
Owner shall be entitled to reimbursement for all such amounts expended plus
interest from the date of payment at the annual rate of eight percent (8%) or the
then highest rate allowable under applicable law, whichever is lower, and
reasonable attorney's fee incurred in connection therewith.
If compliance with either party's obligations herein cannot be cured by
payments, then either party may proceed against the other for any relief at law or
in equity.
4.02 Other Default. It Tract B Owner fails to comply with any of its
obligations of maintenance under Section III of this Agreement, and any such
failure continues for thirty (30) days after the effective date of a notice from the
other party demanding such compliance, then the demanding party will have the
right to perform, at the other party's expense, such work as may be necessary to
effect such compliance. Upon the completion of such work, the non -defaulting
party shall have the right to be reimbursed by the defaulting party for all expenses
incurred in connection with such work, within twenty-one (21) days of the
effective date of written statement setting forth all such expenses. The
outstanding balance of such statement shall accrue interest at the annual rate of
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Deed Book 46513 Pg 299
eight percent (8%) per annum from and after the expiration of such twenty-one
(21) day period.
If compliance with either party's obligations herein cannot be cured by payments,
then either party may proceed against the other for any relief at law or in equity.
SECTION V
SUBORDINATION
The parties agree that all mortgages, deed to secure debt and other encumbrances
placed upon the other's Tract for the purpose of constructing, or financing the ownership
of, or the improvements thereon, shall be subordinate and inferior to the encumbrances
created by this Agreement and will deliver to the other any documentation evidencing
such subordination.
SECTION VI
EMINENT DOMAIN
Nothing herein shall be construed to give the parties any interest in any award or
payment made to the other party in connection with any exercise of eminent domain, or
transfer in lieu thereof, affecting said other party's Tract or giving the public or any
i, government any rights in said Tract.
SECTION V I I
MISCELLANEOUS
7.1 Nature of Rights Granted. The Parties intend for the easements and
obligations set forth herein to be a servitude upon Tract A running with
the land, in perpetuity, to inure to the benefit of, and bind the parties
hereto and their respective heirs, successors and assigns, including but
without limitation, all subsequent owners of Tract A and Tract B and all
persons, firms or entities claiming under them.
7.2 Headings. The headings herein are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the
scope or intent of this Agreement not n any way affect the terms and
provisions hereof.
7.3 Entire Agreement. This Agreement constitutes the entire agreement
between the parties hereto with respect to the subject matter hereof. The
owners from time to time of any of the Tracts shall not be entitled to rely
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Deed Book 46513 pg 300
upon any statement, promise or relvesentation not herein expressed, and
this Agreement shall not be modified or altered in any respect except by a
writing executed and delivered by all parties hereto and any lender which
is the holder of a first priority secwity interest in either of the Tracts.
7.4 Notice. Every notice, demand, cons:.nt, approval, or other documents or
instruments required or permitted to be served upon or given to any party
hereto shall be in writing and shalt he delivered in person, via facsimile
transmission, or sent in registered or certified form, postage prepaid,
return receipt requested, addre-sed to Ille respective parties at the
following addresses and numbers:
If to Tract A Owner:
-Brooks-Land; Ina ---- --------
6251 Smithpointe Drive
Norcross, GA 30092
If to Tract B Owner:
The Manor Golf and Country Club, 1-LC
6251 Smithpointe Drive
Norcross, GA 30092
All notices provided hereunder shall be che:.tivc upon the actual receipt by the
addressee thereof. Any party may change the :Mace for service of notice by
sending a notice to the other parties c f sm:.h p.:riy's new address, which change of
address shall become effective ten (I (0 erns atier the effective date of such
notice. All such addresses shall be within tht; United States.
IN WITNESS WHEREOF, authorized representatives of Tract A and
Tract B have executed this Agreement under seal the date and year above written.
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Signed, sealed and delivered/ Thr. Manor
In the presence of: �--'-7
Notary
Deed Book 46513 PB 301
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Deed Back 46513 Pg 302
CONSENT AND JOINDEW
The undersigned GEORGIAN BANK ("Lender") does here1h;j s* un6l jfftorgia
making, granting and reservation by Brooks Land, Inc. and The Manor Golf and Country
Club, LLC to the within and attached Easement Agreement and does hereby agree to
subordinate its interest such that the foreclosure of that certain Deed to Secure Debt,
Assignment and Security Agreement from Brooks Land, Inc., a Georgia corporation, to
GEORGIAN BANK dated APRIL 25, 2005, filed for record APRIL 29, 2005, recorded
in Deed Book 39910, page 89, records of Fulton County, Georgia, (collectively as
modified or amended, the "Security Deed") shall not affect or eliminate the covenants,
easements and agreements contained in said Easement Agreement.
Executed this M—day ofJa '1008.
—Signed,-seated-and-delivered--
This & day of may. , 2008 in
the presence of
L*\.t
Tress
�. S 24
Notary Public
- --LENDER: — --
GEORGIAN BANK
c
y: R.odd,e_
Its: S v P
.........
I �1
.:u 11r�J775 ai n'di •
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Deed Bonk 46513 Pg 303
CONSENT AND JOINDER
The undersigned INTEGRITY BANK ("Lender's does hereby consent to the
making, granting and reservation by Brooks Land, Inc. and The Manor Golf and County
Club, LLC to the within and attached Easement Agreement and does hereby agree to
subordinate its interest such that the foreclosure of that certain Deed to Secure Debt,
Assignment and Security Agreement from Brooks Land, lac.,'a Georgia corporation, to
INTEGRITY BANK dated MAY 25, 2005, filed for record MAY 31, 2005, recorded in
Deed Book 40115, page 160, as modified on March 23, 2007 and recorded in Deed Book
44779, page 263, records of Fulton County, Georgia, (collectively as modified or
amended, the "Security Deed") shall not affect or eliminate the covenants, easements and
agreements contained in said Easement Agreement.
Executed this 34", day of �, 2008.
Signed, sealed and delivered LENDER:
This _:b, day of 3er}aery 2008 in INTEGRITY BANK
the presence of
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Deed Book 46513 Pg 304
CONSENT AND JOINDER
The undersigned RBC CENTURA BANK, successor by merger to Flag Bank, the
successor by merger to First Capital Bank,("Lender") does hereby consent to the making,
granting and reservation by Brooks Land, Inc. and The Manor Golf and Country Club,
LLC to the within and attached Easement Agreement and does hereby agree to
subordinate its interest such that the foreclosure of that certain Deed to Secure Debt,
Assignment and Security Agreement from Brooks Land, Inc., a Georgia corporation, to
FIRST CAPITAL BANK dated SEPTEMBER 29, 2005, filed for record OCTOBER 3,
2005, recorded in Deed Book 41034, page 237, along with that certain UCC
#060200512479, records of Fulton County, Georgia, (collectively as modified or
amended, the "Security Deed") shall not affect or eliminate the covenants, easements and
agreements contained in Easement Agreement.
c{t
Executed this J day of ,2008.
Signed eaalyed lvred LENDER: 1..AA+d
This d
of 2008 in RBC CENfURA BANK, a anlionae Cwr'° '
the presence of: (� Emnking asseeieeen
(51h" cx,—
Witness—Vr1 )e,ce_ " By: stern saauoe✓
Its: I%ruc 0<Gfere?H
W.
Notary blic
uvsoNG.JAC SON
MY COMMISSION VGWS
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Exhibit "A"
TOGETHER WITH:
Deed Book 465 13 Pg 305
THOSE ACCESS,
GOLF AND
UTILITY EASEMENTS AS
SET
FORTH ON
i
PLAT
BOOK 322 PAGES
19 - 23,
PLAT BOOK 315 PAGES
51 -
60, PLAT
B06K
322, PAGES 2 -
18, PLAT
BOOK 327, PAGES 61 -
77,
PLAT BOOK
31i,
PAGES 103 - 112, PLAT
BOOK 279, PAGES 53 -
62,
AND PLAT
BOOK
280, PAGES 90 -
100,FULTON COUNTY, GEORGIA RECORDS.
A-1
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EASEMENT AREA # I
Deed Book 465 13 Pg 306
All that tract and parcel of land lying and being in Land Lot 396 of the 2"d
District, 2rd Section of Fulton County, Georgia and Land Lots 396 and 397 of the 2"d
District of Forsyth County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (1-1/4" open top pipe) at the common
comer of Land Lots 325 and 396 of the 2"d District, 2"d Section of Fulton County,
Georgia and Land Lots 325 and 396 of the 2"4 District of Forsyth County, Georgia;
THENCE South 00 degrees 00 minutes 54 seconds East for a distance of 275.59
feet to an iron pin found (1/2" rebar);
THENCE South 00 degrees 04 minutes 45 seconds East for a distance of 241.35
feet to an iron pin found (1/2" rebar), said point being the POINT OF BEGINNING for
the parcel described herein;
THENCE North 89 degrees 57 minutes 13 seconds East for a distance of 75.60
feet to a point;
THENCE South 00 degrees 50 minutes 30 seconds West for a distance of 87.19
feet to a point;
THENCE South 82 degrees 40 minutes 34 seconds East for a distance of 267.33
feet to a point;
THENCE North 81 degrees 36 minutes 14 seconds East for a distance of 195.19
feet to a point;
THENCE South 89 degrees 15 minutes 59 seconds East for a distance of 62.58
feet to a point;
THENCE South 56 degrees 20 minutes 12 seconds East for a distance of 450.92
feet to a,point;
THENCE South 21 degrees 28 minutes 06 seconds East for a distance of 260.35
feet to a point;
THENCE South 05 degrees 54 minutes 57 seconds West for a distance of 814.44
feet to a point;
THENCE South 02 degrees 20 minutes 08 seconds West for a distance of 433.22
feet to a point;
THENCE South 75 degrees 49 minutes 45 seconds West for a distance of 416.59
feet to a point;
THENCE North 69 degrees 20 minutes 19 seconds West for a distance of 18B.14
feet to a point;
THENCE South 85 degrees 44 minutes 59 seconds West for a distance of 328.77
feet to a point;
THENCE North 38 degrees 08 minutes 21 seconds West for a distance of 214.31
feet to a point;
THENCE North 62 degrees 35 minutes 18 seconds West for a distance of 59.87
feet to a point;
THENCE South 79 degrees 19 minutes 10 seconds East for a distance of 431.01
feet to a point;
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Deed Book 46513 Pg 307
THENCE South 82 degrees 07 minutes 11 seconds East fora dtsumce or Dea.t i
feet to a point;
THENCE North 00 degrees 53 minutes 21 seconds West for a distance of 610.)5
feet to a point
THENCE North 08 degrees 59 minutes 36 seconds East for a distance of 760.05
feet to a point;
THENCE North 12 degrees 46 minutes 50 seconds West for a distance of 45.29
feet to a point;
THENCE North 58 degrees 13 minutes 21 seconds West for a distance of 396.07
feet to a point;
THENCE North 78 degrees 35 minutes 11 seconds West for a distance of 591.82
feet to an iron pin found (5/8" rebar);
THENCE North 78 degrees 16 minutes 22 seconds West for a distance of 235.45
feet to a point;
THENCE along a curve to the right having a radius of 129.88 feet and an arc
length of 128.25 feet, being subtended by a chord of North 49 degrees 41 minutes 41
seconds West for a distance of 123.10 feet to a point;
THENCE South 73 degrees 58 minutes 22 seconds East for a distance of 48.98
feet to a point;
THENCE North 89 degrees 57 minutes 13 seconds East for a distance of 277.29
feet to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 10.204 acres and is shown as "Easement Area #1" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/112007, last revised 10/1012007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 2
Deed Book 465 13 Pg 308
All that tract or parcel of land lying and being in Land Lots 397 and 398 of the 2"d
District, 2"d Section of Fulton County, Georgia and being more particularly described as
follows:
COMMENCING at an iron pin found (1" rebar) at the southeast comer of Land
Lot 398;
THENCE North 61 degrees 54 minutes 25 seconds East for a distance of 249.16
feet to a point;
THENCE North 87 degrees 52 minutes 29 seconds West for a distance of 853.36
feet to a point;
THENCE North 01 degrees 36 minutes 23 seconds East for a distance of 227.28
feet to a point, said point being the POINT OF BEGINNING for the parcel described
herein;
THENCE North 04 degrees 57 minutes 12 seconds East for a distance of 122.89
feet to an iron pin found (1/2" rebar);
THENCE South 71 degrees 06 minutes 30 seconds East for a distance of 845.21
feet to a point;
THENCE North 58 degrees 08 minutes 17 seconds East for a distance of 57.83
feet to an iron pin found (1/2" rebar);
THENCE North 31 degrees 42 minutes 03 seconds East for a distance of 542.53
feet to a point; ,
THENCE North 10 degrees 03 minutes 11 seconds East for a distance of 769.04
feet to a point;
THENCE along a curve to the right having a radius of 75.00 feet and an arc
length of 177.71 feet, being subtended by a chord of North 83 degrees 32 minutes 18
seconds East for a distance of 138.96 feet to a point;
THENCE North 29 degrees 42 minutes 20 seconds East for a distance of 17.89
feet to a point;
THENCE North 35 degrees 34 minutes 43 seconds East for a distance of 14.32
feet to an iron pin found (1/2" rebar);
THENCE North 35 degrees 50 minutes 28 seconds East for a distance of 6.93 feet
to a point;
THENCE North 18 degrees I minutes 06 seconds East for a distance of 36.42
feet to a point;
THENCE North 52 degrees 04 minutes 22 seconds East for a distance of 25.63
feet to a point;
THENCE North 80 degrees 27 minutes 18 seconds East for a distance of 20.67
feet to an iron pin found (1/2" rebar);
THENCE North 78 degrees 51 minutes 03 seconds East for a distance of 6.26 feet
to a point;
THENCE South 76 degrees 00 minutes 26 seconds East for a distance of 26.49
feet to a point;
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Deed Book 46513 Pg 309
THENCE South 61 degrees 52 minutes 23 seconds East tar a instance or z-i.iu
feet to a point;
THENCE South 72 degrees 33 minutes 33 seconds East for a distance of 48.10
feet to a point;
THENCE along a curve to the right having a radius of 53.11 feet and an are
length of 74.11 feet, being subtended by a chord of South 16 degrees 54 minutes 06
seconds East for a distance of 68.24 feet to a point;
THENCE South 25 degrees 19 minutes 09 seconds West for a distance of 13.16
feet to a point;
THENCE South 28 degrees 55 minutes 41 seconds West for a distance of 31.62
feet to a point;
THENCE along a curve to the right having a radius of 43.76 feet and an arc
length of 24.97 feet, being subtended by a chord of South 22 degrees 05 minutes 19
seconds East for a distance of 24.63 feet to a point;
THENCE South 05 degrees 25 minutes 12 seconds East for a distance of 13.52
feet to a point;
THENCE along a curve to the tight having a radius of 95.27 feet and an arc
length of 45.20 feet, being subtended by a chord of South 08 degrees 10 minutes 14
seconds West for a distance of 44.77 feet to a point;
THENCE South 23 degrees 57 minutes 19 seconds West for a distance of 8.81
feet to a point;
THENCE along a curve to the right having a radius of 175.00 feet and an arc
length of 267.71 feet, being subtended by a chord of South 39 degrees 48 minutes 49
seconds East for a distance of 242.36 feet to a point;
THENCE South 04 degrees 07 minutes 42 seconds West for a distance of 617.35
feet to a point;
THENCE along a curve to the right having a radius of 75.00 feel and an arc
length of 48.07 feet, being subtended by a chord of South 22 degrees 31 minutes 35
seconds West for a distance of 47.25 feet to a point;
THENCE North 62 degrees 35 minutes 18 seconds West for a distance of 29.98
feet to a point;
THENCE North 10 degrees 20 minutes 24 seconds West for a distance of 286.42
feet to a point;
THENCE North 54 degrees 50 minutes 30 seconds East for a distance of 139.64
feet to a point;
THENCE North 34 degrees 45 minutes 03 seconds West for a distance of 242.58
feet to a point;
THENCE Notch 02 degrees 47 minutes 53 seconds West for a distance of 335.49
feet to a point;
THENCE South 38 degrees 42 minutes 48 seconds West for a distance of 220.00
feel to a point;
THENCE South 16 degrees 25 minutes 26 seconds West for a distance of 526.00
feet to a point;
THENCE South 05 degrees 20 minutes 38 seconds West for a distance of 115.18
feet to a point;
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Deed Book 46513 Pp .38-0
THENCE South 34 degrees 43 minutes 03 seconds West for a distance of 511.14
feet to a point;
THENCE South 80 degrees 52 minutes 54 seconds West for a distance of 247.84
feet to a point
THENCE North 72 degrees 04 minutes 04 seconds West for a distance of 663.16
feet to a point;
THENCE North 86 degrees 56 minutes 43 seconds West for a distance of 98.66
feet to the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 9.334 acres and is shown as "Easement Area #2" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.RL.S, no. 3039, dated
8/l/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
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Deed Book 46513 Dg 311
EASEMENT AREA 3
All that tract or parcel of land lying and being in Land Lots 396, 397 and 398 of the 2"d
District, 2"d Section of Fulton County, Georgia and being more particularly described as follows:
BEGINNING at an iron pin found (1" solid) at the comer of Land Lots 395, 396, 397 aInd
398 of the 20d District, 2"d Section of Fulton County, Georgia,
THENCE North 00 degrees 42 minutes 56 seconds East for a distance of 717.90 feet to a
point;
THENCE North 12 degrees 28 minutes 46 seconds East for a distance of 142.84 feet to a
point;
THENCE South 69 degrees 58 minutes 41 seconds East for a distance of 107.12 feet to a
point;
THENCE North 86 degrees 15 minutes 02 seconds East for a distance of 111.45 feet to a
point;
point;
point;
point;
point;
point;
point;
THENCE North 00 degrees 48 minutes 18 seconds East for a distance of 231.84 feet to a
THENCE North 23 degrees 36 minutes 21 seconds West for a distance of 19.60 feet to a
THENCE North 87 degrees 20 minutes 17 seconds West for a distance of 47.20 feet to a
THENCE North 03 degrees 46 minutes 58 seconds West for a distance of 120.46 feet to a
THENCE North 08 degrees 11 minutes 42 seconds East for a distance of 70.78 feet to a
THENCE South 81 degrees 48 minutes 18 seconds East for a distance of 25.00 feet to a
THENCE North 07 degrees 45 minutes 25 seconds East for a distance of 22.47 feet to a
point;
THENCE along a curve to the right having a radius of 175.00 feet and an are length of
361.02 feet, being subtended by a chord of South 46 degrees 37 minutes 13 seconds East for a
distance of 300.32 feet to a point;
THENCE South 12 degrees 28 minutes 46 seconds West for a distance of 431.75 feet to an
iron pin found (1/2" rebar disturbed);
THENCE South 15 degrees 24 minutes 13 seconds West for a distance of 788.68 feet to a
point;
THENCE along a curve to the right having a radius of 75.00 feet and an arc length of
105.71 feet, being subtended by a chord of South 48 degrees 33 minutes 28 seconds West for a
distance of 97.17 feet to a point;
THENCE South 45 degrees 00 minutes 22 seconds West for a distance of 49.71 feet to a
point;
THENCE along a curve to the right having a radius of 175.00 feet and an arc length of
447.73 feet, being subtended by a chord of South 48 degrees 14 minutes 43 seconds West for a
distance of 335.23 feet to a point;
THENCE North 60 degrees 23 minutes 35 seconds West for a distance of 169.40 feet to a
point;
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Deed Bank 46513 Pg 312
THENCE North 88 degrees 29 minutes 36 seconds West for a distance of 189.34 feet to an
iron pin found (1/2" rebar);
THENCE North 07 degrees 59 minutes 52 seconds East for a distance of 175.75 feet to a
point;
THENCE North 88 degrees 37 minutes 55 seconds West for a distance of 123.67 feet to a
point,
THENCE North 00 degrees 32 minutes 41 seconds East for a distance of 173.78 feet to a
point;
THENCE South 88 degrees 09 minutes 26 seconds East for a distance of 332.53 feet to a
point
THENCE along a curve to the right having a radius of 175.00 feet and an are length of
80.83 feet, being subtended by a chord of South 74 degrees 58 minutes 50 seconds East for a
distance of 80.12 feet to a point;
THENCE South 62 degrees 52 minutes 51 seconds East for a distance of 132.00 feet to a
point;
THENCE North 58 degrees 09 minutes 56 seconds East for a distance of 140.73 feet to an
iron pin found (1" solid), and the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 13.221 acres and is shown as "Easement Area it3" on a survey for
the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc., prepared by
Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated 8/1/2007, last revised
10/10/2007. Said Survey is incorporated herein for a more complete and specific reference.
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EASEMENT AREA 04
Deed Book 465 13 Pg 333
All that tract or parcel of land lying and being in Land Lots 326 and 323, 2nd District, 2nd
Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (%:" rebar) at the intersection of the Northerly right
of -way of Manor Bridge Drive and the Westerly right-of-way of Manor Club Drive;
THENCE along said westerly right-of-way of Manor Club Drive the following courses and
distances;
THENCE along a curve to the right, an arc length of 404.34 feet to an iron pin found
(1 /2"rebar);
THENCE along a curve to the right, an are length of 196.29 feet to an iron pin found (1/2"
rebar);
THENCE leaving said right-of-way North 14 degrees 23 minutes 21 seconds West for a
distance of 337.04 feet to a point;
THENCE North 48 degrees 58 minutes 46 seconds West for a distance of 69.81 feet to an
iron pin found (1/2" rebar), said point being the POINT OF BEGINNING for the parcel described
herein;
point;
point;
point;
point;
point;
point;
point,
point;
THENCE North 48 degrees 58 minutes 46 seconds West for a distance of 142.27 feet to a
THENCE North 10 degrees 28 minutes 17 seconds West for a distance of 350.92 feet to a
THENCE North 05 degrees 48 minutes 58 seconds East for a distance of 140,83 feet to a
THENCE North 22 degrees 54 minutes 14 seconds West for a distance of 60.02 feet to a
THENCE North 34 degrees 45 minutes 16 seconds West for a distance of 60.02 feet to a
THENCE North 64 degrees 33 minutes 45 seconds West for a distance of 60.02 feet to a
THENCE North 76 degrees 24 minutes 47 seconds West for a distance of 60.02 feet to a
THENCE North I 1 degrees 03 minutes 06 seconds West for a distance of 123.15 feet to a
THENCE North 10 degrees 41 minutes 35 seconds East for a distance of 182.70 feet to a
point;
THENCE South 02 degrees 04 minutes 31 seconds East for a distance of 158.31 feet to an
iron pin found (5/8" rebar);
THENCE along a curve to the right having a radius of 175.00 feet and an are length of
265.51 feet, being subtended by a chord of South 63 degrees 56 minutes 30 seconds East for a
distance of 240.77 feet to an iron pin found (1/2" rebar);
THENCE South 13 degrees 35 minutes 49 seconds East for a distance of 310.87 feet to a
point;
THENCE South 02 degrees 41 minutes 53 seconds East for a distance of 457.79 feet to an
iron pin found (1/2" rebar). Said point being the POINT OF BEGINNING.
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EASEMENT AREA N4
Deed Book 46513 Pg 3.1.3
All that tract or parcel of land lying and being in Land Lots 326 and 323, 2no District, 2n°
Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found ('/i' rebar) at the intersection of the Northerly right
of -way of Manor Bridge Drive and the Westerly right-of-way of Manor Club Drive;
THENCE along said westerly right-of-way of Manor Club Drive the following courses and
distances;
THENCE along a curve to the right, an arc length of 404.34 feet to an iron pin found
(1/2"rebar);
THENCE along a curve to the right, an arc length of 196.29 feet to an iron pin found (1/2"
rebar);
THENCE leaving said right-of-way North 14 degrees 23 minutes 21 seconds West for a
distance of 337.04 feet to a point;
THENCE North 48 degrees 58 minutes 46 seconds West for a distance of 69.81 feet to an
iron pin found (12" rebar), said point being the POINT OF BEGINNING for the parcel described
herein;
point;
point;
point;
point;
point;
point;
point;
point;
THENCE North 48 degrees 58 minutes 46 seconds West for a distance of 142.27 feet to a
THENCE North 10 degrees 28 minutes 17 seconds West for a distance of 350.92 feet to a
THENCE North 05 degrees 48 minutes 58 seconds East for a distance of 140.83 feet to a
THENCE North 22 degrees 54 minutes 14 seconds West for a distance of 60.02 feet to a
THENCE North 34 degrees 45 minutes 16 seconds West for a distance of 60.02 feet to a
THENCE North 64 degrees 33 minutes 45 seconds West for a distance of 60.02 feet to a
THENCE North 76 degrees 24 minutes 47 seconds West for a distance of 60.02 feet to a
THENCE North I I degrees 03 minutes 06 seconds West for a distance of 123,15 feet to a
THENCE North 10 degrees 41 minutes 35 seconds East for a distance of 182.70 feet to a
point;
THENCE South 02 degrees 04 minutes 31 seconds East for a distance of 158.31 feet to an
iron pin found (5/8" rebar);
THENCE along a curve to the right having a radius of 175.00 feet and an are length of
265.51 feet, being subtended by a chord of South 63 degrees 56 minutes 30 seconds East for a
distance of 240.77 feet to an iron pin found (12" rebar);
THENCE South 13 degrees 35 minutes 49 seconds East for a distance of 310.87 feet to a
point;
THENCE South 02 degrees 41 minutes 53 seconds East for a distance of 457.79 feet to an
iron pin found (12" rebar). Said point being the POINT OF BEGINNING.
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Deed Book 46513 Pg 314
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.771 acres and is shown as "Easement Area #4" on a survey for the
Manor Golf and Country Club, LLC, and Empire Financial Services, Inc., prepared by Moreland
Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated 8/l/2007, last revised
10/10/2007 Said Survey is incorporated herein for a more complete and specific reference.
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Deed BooN 46513 Pg 315
EASEMENT AREA 5
All that tract or parcel of land lying and being in Land Lots 251, 252, 253 and 254, 2°d
District, 2rd Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (5/8" mbar) at the southeast comer of Land Lot 254!
THENCE North 32 degrees 43 minutes 53 seconds West for a distance of 62.28 feet to a
point, said point being the POINT OF BEGINNING for the parcel described herein;
THENCE along a curve to the right having a radius of 75.00 feet and an arc length of
152.26 feet, being subtended by a chord of North 64 degrees 45 minutes 35 seconds West for a
distance of 127.43 feet to a point;
THENCE North 10 degrees 13 minutes 03 seconds West for a distance of 801.49 feet to a
point;
THENCE North 02 degrees 16 minutes 46 seconds West for a distance of 469.96 feet to a
point;
THENCE along a curve to the right having a radius of 150.00 feet and an arc length of
458.42 feet, being subtended by a chord of North 79 degrees 10 minutes 28 seconds East for a
distance of 299.73 feet to a point;
THENCE South 75 degrees 21 minutes 44 seconds East for a distance of 681.56 feet to a
point;
THENCE along a curve to the right having a radius of 150.00 feet and an arc length of
128.68 feet, being subtended by a chord of South 50 degrees 39 minutes 51 seconds East for a
distance of 124.77 feet to a point;
THENCE North 77 degrees 16 minutes 10 seconds East for a distance of 83.27 feet to a
point;
THENCE North 26 degrees 51 minutes 10 seconds East for a distance of 514.71 feet to a
point;
THENCE North 02 degrees 20 minutes 55 seconds West for a distance of 511.70 feet to a
point;
THENCE North 01 degrees 32 minutes 13 seconds East for a distance of 207.79 feet to a
point;
THENCE South 79 degrees 29 minutes 34 seconds West for a distance of 527.98 feet to a
point;
THENCE North 89 degrees 32 minutes 43 seconds West for a distance of 508.16 feet to a
point;
THENCE along a curve to the right having a radius of 157.94 feet and an are length of
90.21 feet, being subtended by a chord of North 72 degrees 23 minutes 59 seconds West for a
distance of 88.99 feet to a point;
THENCE North 34 degrees 25 minutes 37 seconds East for a distance of 149.52 feet to a
point;
THENCE South 89 degrees 32 minutes 48 seconds East for a distance of 487.56 feet to a
point;
point;
THENCE North 87 degrees 44 minutes 45 seconds East for a distance of 123.24 feet to a
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point;
ked Book 46513 Pp Z16
THENCE North 87 degrees 49 minutes 14 seconds East for a distance of 186A3 feet to a
THENCE South 76 degrees 04 minutes 51 seconds East for a distance of 254.72 feet to a
point
THENCE South 28 degrees 07 minutes 50 seconds East for a distance of 271.68 feet to a
point; I,
THENCE South 00 degrees 54 minutes 52 seconds East for a distance of 543.05 feet to a
point;
point;
point;
point;
point;
point;
point;
point;
point;
point;
THENCE South 32 degrees 42 minutes 18 seconds West for a distance of 580.26 feet to a
THENCE North 89 degrees 12 minutes 26 seconds West for a distance of 272.83 feet to a
THENCE North 68 degrees 30 minutes 08 seconds West for a distance of 437.99 feet to a
THENCE North 68 degrees 29 minutes 49 seconds West for a distance of 194.47 feet to a
THENCE North 60 degrees 39 minutes 33 seconds West for a distance of 112.02 feet to a
THENCE South 87 degrees 17 minutes 18 seconds West for a distance of 81.20 feet to a
THENCE South 01 degrees 00 minutes 51 seconds West for a distance of 122.48 feet to a
THENCE South 00 degrees 28 minutes 51 seconds West for a distance of 200.49 feet to a
THENCE South 00 degrees 20 minutes 53 seconds West for a distance of 114.35 feet to a
THENCE South 04 degrees 33 minutes 47 seconds East for a distance of 140.52 feet to a
point;
THENCE South 06 degrees 36 minutes 04 seconds East for a distance of 698.88 feet to a
point;
THENCE South 32 degrees 43 minutes 53 seconds East for a distance of 75.13 feel to the
POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 13.287 acres and is shown as "Easement Area #5" on a survey for
the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc., prepared by
Moreland Altobelli Associates, Patrick D. Canaday O.R.L.S. no. 3039, dated 8/l/2007, last revised
10/10/2007. Said Survey is incorporated herein for a more complete and specific reference.
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EASEMENT AREA 6
Deed Book 46523 R9 3I7`
All that tract or parcel of land lying and being in Land Lots 182 and 251, 2nd
District, 2"d Section of Fulton County, Georgia and being more particularly described as
follows:
COMMENCING at an iron pin found (112" rebar) at the comer of Land Lots 251.
252, 181, and 182;
THENCE along the line common to Land Lots 182 and 251, North 89 degrees 29
minutes 56 seconds West for a distance of 19.90 feet to a found nail in bridge at the
intersection of said Land Lot Line and the centerline of Chicken Creek;
THENCE leaving said Land Lot Line and following said centerline of Chicken Creek,
North 01 degrees 36 minutes 45 seconds East for a distance of 67.43 feet to a point;
THENCE North 12 degrees 56 minutes 38 seconds West for a distance of 16.36
feet to a point;
THENCE leaving said centerline of Chicken Creek, along a curve to the left
having a radius of 75.00 feet and an arc length of 64.40 feet, being subtended by a chord
of North 45 degrees 08 minutes 51 seconds West for a distance of 62.44 feet to a point,
said point being the POINT OF BEGINNING for the parcel described herein;
THENCE South 01 degrees 40 minutes 52 seconds West for a distance of 102.18
feet to a point;
THENCE South 27 degrees 06 minutes 14 seconds West for a distance of 57.88
feet to a point;
THENCE South 70 degrees 33 minutes 24 seconds West for a distance of 147.87
feet to a point;
THENCE South 47 degrees 09 minutes 24 seconds West for a distance of 217.37
feet to a point;
THENCE South 82 degrees 23 minutes 44 seconds West for a distance of 222.44
feet to a point;
THENCE North 52 degrees 18 minutes 02 seconds East for a distance of 594.76
feet to a point;
THENCE along a curve to the right having a radius of 75.00 feet and an arc
length of 84.12 feet, being subtended by a chord of North 78 degrees 07 minutes 13
seconds East for a distance of 79.78 feet to the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 1.371 acres and is shown as "Easement Area #6" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/l/2007, last revised 10/1012007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 7
Deed Book 46513 Pg 318
All that tract or parcel of land lying and being in Land Lots 252 and 251, 2nd
District, 2"d Section of Fulton County, Georgia and being more particularly described as
follows:
COMMENCING at an iron pin found (1/2" rebar) at the comer of Land Lots 251,
252,181,and 182;
THENCE along the line common to Land Lots 182 and 251, North 89 degrees 29
minutes 56 seconds West for a distance of 19.90 feet to a found nail in bridge at the
intersection of said Land Lot Line and the centerline of Chicken Creek;
THENCE leaving said Land Lot Line and centerline of Chicken Creek, South 19
degrees 48 minutes 22 seconds West for a distance of 88.86 feet to a point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance of 147.21
feet to a point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance of 6.50
feet to a point;
THENCE North 74 degrees 39 minutes 43 seconds West for a distance of 64.49
feet to a point;
THENCE South 41 degrees 45 minutes 34 seconds West for a distance of 365.30
feet to a point;
THENCE South 27 degrees 52 minutes 59 seconds West for a distance of 55.01
feet to a point;
THENCE South 53 degrees 57 minutes 20 seconds West for a distance of 62.45
feet to a point;
THENCE South 41 degrees 45 minutes 34 seconds West for a distance of 89.69
feet to a point;
THENCE South 64 degrees 48 minutes 47 seconds West for a distance of 610.43
feet to a point, said point being the POINT OF BEGINNING for the parcel described
herein;
THENCE South 02 degrees 40 minutes 50 seconds East for a distance of 11.16
feet to a point on the northerly right-of-way of Manor North Drive;
THENCE following along said northerly right-of-way of Manor North Drive,
North 85 degrees 18 minutes 32 seconds West for a distance of 107.36 feet to a point;
THENCE leaving said northerly right-of-way of Manor North Drive, North 04
degrees 41 minutes 28 seconds East for a distance of 52.02 feet to a point;
THENCE along a curve to the right having a radius of 159.36 feet and an arc
length of 282.95 feet, being subtended by a chord of North 00 degrees 39 minutes 56
seconds East for a distance of 247.22 feet to a point;
THENCE North 54 degrees 57 minutes 42 seconds East for a distance of 177.11
feet to a point on the southerly right-of-way of Black Oak Road;
THENCE along said right-of-way of Black Oak Road, along a curve to the left
having a radius of 90.00 feet and an are length of 17.20' feet, being subtended by a chord
of North 70 degrees 50 minutes 54 seconds East for a distance of 17.17 feet to a point;
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Deed Doh 46513 Pg 31S
THENCE leaving said right -of --way of Black Oak Road, South 23 degrees 40
minutes 59 seconds West for a distance of 76.75 feet to a point;
THENCE South 16 degrees 46 minutes 31 seconds West for a distance of 140.00
feet to a point;
THENCE South 02 degrees 40 minutes 50 seconds East for a distance of 199.89
feet to a the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 1.082 acres and is shown as "Easement Area #7" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/l/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 8
I
Deed Book 465 13 Pg 380
All that tract or parcel of land lying a and being in Land Lot 252, 2"d District, 2"d
Section for Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (3/8" rebar) at the comer of Land Lots 251,
252, 254, and 255;
THENCE South 89 degrees 46 minutes 31 seconds West for a distance of 35.31
feet to a point, said point being the POINT OF BEGINNING for the parcel described
herein;
THENCE South 89 degrees 46 minutes 31 seconds West for a distance of 173.36
feet to a point;
THENCE along a curve to the right having a radius of 75.00 feet and an are
length of 196.72 feet, being subtended by a chord of North 03 degrees 27 minutes 32
seconds East for a distance of 144.99 feet to a point;
THENCE North 71 degrees 22 minutes 41 seconds East for a distance of 138.50
feet to a point;
THENCE South 10 degrees 02 minutes 55 seconds East for a distance of 191.20
feet to a point on the line common to Land Lots 252 and 255, said point being the POINT
OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 0.726 acres and is shown as "Easement Area N8" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/1/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 9
Deed Book 465 13 Pg 321-
All that tract or parcel of land lying a and being in Land Lots 323, 254 and 251,
2"d District, 2"d Section for Fulton County, Georgia and being more particularly described
as follows:
COMMENCING at an iron pin found (3/8" rebar) at the comer of land Lots 251,
252, 254, and 255;
THENCE along the line common to Land Lots 254 and 251, South 87 degrees 21
minutes 24 seconds East for a distance of 339.54 feet to a point;
THENCE leaving said Land Lot Line, South 88 degrees 14 minutes 04 seconds
East for a distance of 34.75 feet to a point, said point being the POINT OF BEGINNING
for the parcel described herein;
THENCE North 48 degrees 37 minutes 47 seconds East for a distance of 225.78
feet to an iron pin found (5/8" rebar);
THENCE along a curve to the right having a radius of 150.00 feet and an arc
length of 110.92 feet, being subtended by a chord of South 43 degrees 27 minutes 45
seconds West for a distance of 108.41 feet to a point;
THENCE along a curve to the right having a radius of 75.00 feet and an are
length of 80.01 feet, being subtended by a chord of South 26 degrees 13 minutes 05
seconds East for a distance of 76.27 feet to a point;
THENCE South 02 degrees 43 minutes 44 seconds East for a distance of 777.74
feet to a point;
THENCE South 12 degrees 15 minutes 04 seconds East for a distance of 371.54
feet to a point;
THENCE along a curve to the right having a radius of 175.00 feet and an are
length of 85.52 feet, being subtended by a chord of South 01 degrees 41 minutes 42
seconds West for a distance of 84.67 feet to an iron pin found (5/8"rebar);
THENCE North 58 degrees 28 minutes 32 seconds West for a distance of 208.50
feet to a point;
THENCE North 08 degrees 32 minutes 53 seconds West for a distance of 26.62
feet to a point;
THENCE North 07 degrees 49 minutes 19 seconds West for a distance of 208.22
feet to a point;
THENCE North 05 degrees 39 minutes 14 seconds West for a distance of 126.21
feet to a point;
THENCE North 02 degrees 34 minutes 29 seconds East for a distance of 690.67
feet to a point;
THENCE North 37 degrees 43 minutes 38 seconds West for a distance of 82.51
feet to a point on the line common to Land Lot 254 and 251, said point being the POINT
OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
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Geed Book 46a13 Pg 322
Said property contains 3.659 acres and is shown as "Easement Area 0" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D, Canaday G.R.L.S. no. 3039, dated
9/112007, last revised 10/1012007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 10
Deed Book 46513 Dg 323
All that tract or parcel of land lying a and being in Land Lots 323, and 254, 2nd
District, 2nd Section for Fulton County, Georgia and being more particularly described as
follows:
COMMENCING at an iron pin found (3/8" rebar) at the comer of Land Lots 251,
252, 254, and 255;
THENCE along the line common to Land Lots 254 and 251, South 87 degrees 21
minutes 24 seconds East for a distance of 339.54 feet to a point;
THENCE leaving said Land Lot Line, South 04 degrees 02 minutes 25 seconds
East for a distance of 26.81 feet to a point;
THENCE South 02 degrees 16 minutes 12 seconds West for a distance of 13.92
feet to a point;
THENCE South 08 degrees 34 minutes 49 seconds West for a distance of 116.20
feet to a point;
THENCE South 18 degrees 19 minutes 47 seconds West for a distance of 38.88
feet to a point;
THENCE South I I degrees 28 minutes 07 seconds West for a distance of 621.73
feet to a point;
THENCE South 12 degrees 1 I minutes 40 seconds East for a distance of 499.07
feet to a point on the northerly right-of-way of Longstreet Road;
THENCE along said right-of-way of Longstreet Road, South 69 degrees 38
minutes I I seconds East for a distance of 280.19 feet to a point, said point being the
POINT OF BEGINNING for the parcel described herein;
THENCE leaving said right-of-way of Longstreet Road, North 20 degrees 26
minutes 54 seconds East for a distance of 173.51 feet to an iron pin found (5/8"rebar);
THENCE South 57 degrees 52 minutes 03 seconds East for a distance of 79.66
feet to a point;
THENCE South 18 degrees 36 minutes 50 seconds East for a distance of 39.04
feet to a point;
THENCE South 20 degrees 31 minutes 33 seconds West for a distance of 127.19
feet to a point on the aforementioned northerly right -of --way of Longstreet Road;
THENCE along said right-of-way of Longstreet Road, North 69 degrees 28
minutes 49 seconds West for a distance of 102.44 feet the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 0.377 acres and is shown as "Easement Area #10" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/l2007, last revised 10/102007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 1 I
Deed Book 46513 P9 324
All that tract or parcel of land lying and being in Land Lots 326 and 323, 2nd
District, 2"d Section of Fulton County, Georgia and being more particularly described as
follows:
COMMENCING at an iron pin found (Vz" rebar) at the intersection of the
northerly right -of --way of Manor Bridge Drive and the westerly right-of-way of Manor
Club Drive;
THENCE along the westerly right-of-way of Manor Club Drive, along a curve to
the right, an arc length of404.34 feet to an iron pin found (1/2" rebar);
THENCE North 44 degrees 40 minutes 52 seconds West for a distance of 363.37
feet to an iron pin found (1/2" rebar);
THENCE South 37 degrees 57 minutes 16 seconds West for a distance of 389.92
feet to a point, said point being the POINT OF BEGINNING for the parcel described
herein;
THENCE South 72 degrees 22 minutes 40 seconds East for a distance of 72.81
feet to an iron pin found (1/2" rebar);
THENCE South 24 degrees 40 minutes 00 seconds West for a distance of 84.32
feet to a point
THENCE along a curve to the right having a radius of 175.00 feet and an arc
length of 187.57 feet, being subtended by a chord of South 49 degrees 09 minutes 41
seconds West for a distance of 178.72 feet to a point;
THENCE along a curve to the right having a radius of 150.00 feet and an arc
length of 363.03 feet, being subtended by a chord of North 54 degrees 14 minutes 24
seconds West for a distance of 280.69 feet to a point;
THENCE North 25 degrees 38 minutes 34 seconds East for a distance of 94.47
feet to a point;
THENCE North 25 degrees 38 minutes 34 seconds East for a distance of 497.81
feet to a point;
THENCE North 07 degrees 11 minutes 20 seconds East for a distance of 751,16
feet to a point;
THENCE South 01 degrees 48 minutes 52 seconds West for a distance of 40.70
feet to a point;
THENCE South 60 degrees 54 minutes 00 seconds East for a distance of 25.22
feet to a point;
THENCE South 01 degrees 19 minutes 17 seconds East for a distance of 742.63
feet to a point;
THENCE South 25 degrees 01 minutes 59 seconds West for a distance of 620.99
feet to a point;
THENCE South 82 degrees 59 minutes 26 seconds East for a distance of 93A9
feet to a point;
THENCE North 37 degrees 57 minutes 16 seconds East for a distance of 179.78
feet to the POINT OF BEGINNING;
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Deed Book 46513 Pg 325
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 4.350 acres and is shown as "Easement Area #11" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/l/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 12
Deed Book 46513 Pg 326
All that tract or parcel of land lying and being in Land Lot 398, 2nd District, god
Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (1" rebar) at the corner of Land Lots 467,
468, 397, and 398;
THENCE North 61 degrees 54 minutes 25 seconds East for a distance of 249.16 feet to a
point;
THENCE North 87 degrees 52 minutes 29 seconds West for a distance of 853.36
feet to a point;
THENCE North 01 degrees 36 minutes 23 seconds East for a distance of 227.28 feet to a
point, said point being the POINT OF BEGINNING for the parcel described herein;
THENCE South 83 degrees 23 minutes 25 seconds West for a distance of 163.67
feet to a point;
THENCE South 84 degrees 03 minutes 25 seconds West for a distance of 222.80
feet to a point;
THENCE North 88 degrees 23 minutes 50 seconds West for a distance of 60.24
feet to a point;
THENCE South 01 degrees 43 minutes 00 seconds West for a distance of 174.61
feet to a point;
THENCE South 01 degrees 43 minutes 00 seconds West for a distance of 77.99
feet to a point;
THENCE North 89 degrees 17 minutes 17 seconds West for a distance of 166.05
feet to an iron pin found (1/2" rebar);
THENCE North 13 degrees 28 minutes 55 seconds East for a distance of 148.54
feet to a point;
THENCE along a curve to the right having a radius of 175.00 feet and an arc
length of 384.24 feet, being subtended by a chord of North 25 degrees 24 minutes 45
seconds East for a distance of 311.57 feet to a point;
THENCE South 88 degrees 24 minutes 24 seconds East for a distance of 460.46
feet to an iron pin found (1/2" rebar);
THENCE South 04 degrees 57 minutes 12 seconds West for a distance of 122.89
feet to the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 3.030 acres and is shown as "Easement Area #12" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/l/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
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EASEMENT AREA 13
Deed Book 465 Y:3 Pg 327
All that tract or parcel of land lying and being in Land Lots 394, 395, 398, and
399, 2"d District, 2"d Section of Fulton County, Georgia and being more particularly
described as follows:
COMMENCING at an iron pin found (1" solid rod) at the comer of Land Lots
395, 396, 397, and 398;
THENCE South 58 degrees 09 minutes 56 seconds West for a distance of 140.73
feet to a point;
THENCE North 62 degrees 52 minutes 51 seconds West for a distance of 132.00
feet to a point;
THENCE along a curve to the left having a radius of 175.00 feet and an arc length
of 80.83 feet, being subtended by a chord of South 74 degrees 58 minutes 50 seconds
East for a distance of 80.12 feet to a point;
THENCE North 88 degrees 09 minutes 26 seconds West for a distance of
332.53 feet to a point, said point being the POINT OF BEGINNING for the parcel
described herein;
THENCE South 00 degrees 32 minutes 41 seconds West for a distance of 173.78
feet to a point;
THENCE South 88 degrees 37 minutes 55 seconds East for a distance of 123.67
feet to a point;
THENCE South 07 degrees 59 minutes 52 seconds West for a distance of 175.75
feet to an iron pin found (1/2" rebar);
THENCE North 88 degrees 29 minutes 36 seconds West for a distance of 421.33
feet to a point;
THENCE North 76 degrees 21 minutes 38 seconds West for a distance of 875.15
feet to a point;
THENCE South 37 degrees 10 minutes 34 seconds East for a distance of 134.71
feet to a point
THENCE South 27 degrees 59 minutes 13 seconds West for a distance of 135.37
feet to an iron pin found (1/2"rebar);
THENCE North 34 degrees 46 minutes 33 seconds West for a distance of 297.03
feet to a point;
THENCE South 70 degrees 16 minutes 33 seconds West for a distance of 241.51
feet to a point;
THENCE North 00 degrees 00 minutes 23 seconds West for a distance of 273.43
feet to a point;
THENCE South 89 degrees 59 minutes 38 seconds East for a distance of 192.23
feel to a point;
THENCE South 41 degrees 15 minutes 44 seconds East for a distance of 77.86
feet to a point;
THENCE South 89 degrees 16 minutes 16 seconds East for a distance of 155.83
feet to a point;
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1
Deed Book 46513 09 321a
THENCE South 89 degrees 37 minutes 08 seconds East for a distance of 856.05
feet to a point;
THENCE South 88 degrees 09 minutes 26 seconds East for a distance of 297.67
feet to the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 10.168 acres and is shown as "Easement Area #13" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/1/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
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.. .....I
Deed Book 46S 13 6g 329
E8selucat Area 1:4
LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND LYING AND RFOIG LAND LOT 251
OF THE ZND DISTRICT. 2HD SECTION OF FVL70N CoLWTY, GEORGIA ANO BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMML'NCING AT A FOLWD J78- REBAR A T THE CORNER COMMON TO L AND
LOTS 251. 252. 254, AND 255. THENCE ALONG THE LOW COMMOV TO LAND
LOTS 251 AND 252 NORTH 00 DEGREES 08 MINUrES 23 SECONDS EAST FOR
A DISTANCE OF J94./4 FEET TO A POINT ON THE PROPOSED SOUTHERLY
RIGHT-OF-WAY OF MANOR NORTH DRIVE (44' RIWh THENCE ALONG SAID
AWPOSEO RIGHT-OF-IYAY ALONG AN ARC TO ME LEFT HAVING A ARC LENGTH
OF 12.,3E FEET AND A RAONLS OF 244.00 FEET AND BEING SUBTENDED DY A
CHORD OF SOUTH 83 DEGREES 51 MINUTES 30 SECOIIDS EAST FOR A DISTANCE
OF 12.3E FEET TO A POINT; THENCC SOUTH 85 DEGREES 18 MINUTES 16
SECONDS EAST FOR A DISTANCE OF 27.80 FEET TO A POINT. SAID Pow
BENAS THE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCR/8E0,'
THEMCF LFAVNG SAID PRN-awD sa1THERt r RIGHT-OF-WAY MDRTN 04
DEGREES 41 MINUTES 46 SECONDS EAST FOR A DISTANCE OF 44.46 FEET TO
A POINT ON THP PROPOSED AOR7NERl Y RIGHT-OF-WAY OF MANOR NORTH DRIVE;
THENCE ALONG SAID PROPOSED RIGHT-61"WAY SOUTH 85 DECREES 18
MINUTES J2 SECONDS EAST FOR A DISTANCE OF 107.36 FEET To A P1RIF,
THENCE LEAVING SAID PROPOSED NORTHERLY R/GNT-OF-Y/AY SOUTH 04
DEGREES J6 MINUTES 52 SECONDS WEST FOR A DISTAHCE OF 44.49 FEET TO
A POINT ON THE AFOREMENTIONED PROPOSED SOUMERL r RIGHr-OF•WAr ox
MANOR NORTH DRIVE;
THENCE ALONG SAID PROPOSED RIGHT-OF-WAY NORTH 85 DEGREES /8
MINUTES 16 SECOVD.S WEST FOR A DISTANCE OF 107.4E FEET TO THE POINT
OF BEGINNING.
TOGETHER WITH AND S(RL/ECr TD LOYENAN75. EASEHENTS, AND
RESTRICTIONS OF RECORD.
SAID PROPERTY CONTAINS OJIO ACRES, 4,777 SOUARE FEET AS SHOWN A
SURVEY FOR THE MANOR GOLF 8 COUNTRY CLW, LL C -GOLF ACCESS
EASEMENT FOR A'L5 8 #16' PREPARED BY MORELAND ALTOOELLI ASSOCIATES.
INC. DATED I721720M. SAID SURVEY LS NCORPORA TED HEREIN BY SPECIFIC
REFERENCE FOR A MORE COMPLETE AND ACCURA 7E OESCRNPTIW..
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"B%BIBIT 11"
'Deed -Book 46513 Pg 330
TRACTS AD BD C• D, R. F, G, BD I: S, K AND GOLF MAINTENANCE
ATTACHED HERETO AND MADE A PART HEREOF BY REYERENCE.
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GOLF TRACT A
Deed Book 46513 Pg 331
All that tract or parcel of land lying and being in Land Lots 396 and 397, 20d
District of Forsyth County, Georgia and Land Lots 397, 398, 396 and 325, 2nd District,
2"d Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at a iron pin found (518" rebar) at a rock at the southeast comer
of Land Lot 397, Forsyth County, Georgia;
THENCE along the line common to Land Lots 397 and 398, North 01 degrees 12
minutes 59 seconds West for a distance of 280.82 feet to a point. Said point being the
POINT OF BEGINNING for the parcel described herein;
THENCE South 33 degrees 06 minutes 46 seconds West for a distance of 69.11
feet to a point;
THENCE along a curve to the right having a radius of 75.00 feel and an arc
length of 151.20 feet, being subtended by a chord of South 32 degrees 53 minutes 40
seconds West for a distance of 126.86 feet to a point;
THENCE South 83 degrees 15 minutes 39 seconds West for a distance of 474.15
feet to a point;
THENCE South 83 degrees 39 minutes 19 seconds West for a distance of 306.56
feet to a point;
THENCE along a curve to the right having a radius of 175.00 feet and an arc
length of 55.22 feet, being subtended by a chord of North 88 degrees 21 minutes 33
seconds West for a distance of 54.99 feet to a point;
THENCE North 79 degrees 19 minutes 10 seconds West for a distance of 478.10
feet to a point;
THENCE North 89 degrees 57 minutes 19 seconds West for a distance of 570.76
feet to a point;
THENCE along a curve to the right having a radius of 175.00 feet and an arc
length of 407.73 feet, being subtended by a chord of North 84 degrees 28 minutes 28
seconds West for a distance of 321.57 feet to a point;
THENCE North 87 degrees 52 minutes 29 seconds West for a distance of 853.36
feet to a point;
THENCE North 01 degrees 36 minutes 23 seconds East for a distance of 227.29
feet to a point;
THENCE South 86 degrees 56 minutes 43 seconds East for a distance of 98.66
feet to a point;
THENCE South 72 degrees 04 minutes 04 seconds East for a distance of 663.16
feet to a point;
THENCE North 80 degrees 52 minutes 54 seconds East for a distance of 247.84
feet to a point;
THENCE North 34 degrees 43 minutes 03 seconds East for a distance of 511.14
feet to a point;
THENCE North 05 degrees 20 minutes 38 seconds East for a distance of 115.18
feet to a point;
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Deed Book 46513 Pg 332
THENCE North 16 degrees 25 minutes 26 seconds East for a distance of 526.00
feet to a point;
THENCE North 38 degrees 42 minutes 48 seconds East for a distance of 220.00
feet to a point;
THENCE South 02 degrees 47 minutes 53 seconds East for a distance of 335.49
feet to a point;
THENCE South 34 degrees 45 minutes 03 seconds East for a distance of 242.58
feet to a point;
THENCE South 54 degrees 50 minutes 30 seconds West for a distance of 139.64
feet to a point;
THENCE South 10 degrees 20 minutes 24 seconds East for a distance of 286.42
feet to a point;
THENCE South 62 degrees 35 minutes 18 seconds East for a distance of 273.86
feet to a point;
THENCE South 38 degrees 08 minutes 21 seconds East for a distance of 214.31
feet to a point;
THENCE North 85 degrees 44 minutes 59 seconds East for a distance of 328.77
feet to a point;
THENCE South 69 degrees 20 minutes 19 seconds East for a distance of 188.14
feet to a point;
THENCE North 75 degrees 49 minutes 45 seconds East for a distance of 416.59
feet to a point;
THENCE North 02 degrees 20 minutes 08 seconds East for a distance of 433.22
feet to a point;
THENCE North 05 degrees 54 minutes 57 seconds East for a distance of 814.44
feet to a point;
THENCE North 21 degrees 28 minutes 06 seconds West for a distance of 260.35
feet to a point;
THENCE North 56 degrees 20 minutes 12 seconds West for a distance of 450,92
feet to a point;
THENCE North 89 degrees 15 minutes 59 seconds West for a distance of 62.58
feet to a point;
THENCE South 81 degrees 36 minutes 14 seconds West for a distance of 195.19
feet to a point;
THENCE North 82 degrees 40 minutes 34 seconds West for a distance of 267.33
feet to a point;
THENCE North 00 degrees 50 minutes 30 seconds East for a distance of 87.19
feet to a point;
THENCE South 89 degrees 57 minutes 13 seconds West for a distance of 75.60
feet to an iron pin found (I/2" rebar);
THENCE North 51 degrees 07 minutes 54 seconds Fast for a distance of 54.40
feet to an iron pin found (112" rebar);
THENCE South 81 degrees 29 minutes 17 seconds East for a distance of 140.93
feet to an iron pin found (1/2" rebar);
THENCE South 89 degrees 36 minutes 55 seconds East for a distance of 216.47
feet to an iron pin found (1/2" rebar);
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Deed Book 465 13 Pg 333
THENCE North 81 degrees 31 minutes 29 seconds East for a distance of 190.59
feet to an iron pin found (1/2" rebar);
THENCE South 89 degrees 09 minutes 43 seconds East for a distance of 48,34
feet to an iron pin found (1/2" rebar);
THENCE North 00 degrees 05 minutes 25 seconds West for a distance of 203.02
feet to an iron pin found (1/2" rebar);
THENCE South 89 degrees 55 minutes 16 seconds West for a distance of 635.06
feet to an iron pin found (1/2" rebar);
THENCE South 00 degrees 04 minutes 45 seconds East for a distance of 241.35
feet to an iron pin found (1/2" rebar);
THENCE South 89 degrees 57 minutes 13 seconds West for a distance of 277.29
feet to a point;
THENCE North 73 degrees 58 minutes 22 seconds West for a distance of 77.56
feet to an iron pin found (1/2" rebar);
THENCE North I degrees 34 minutes 26 seconds East for a distance of 133.21
feet to an iron pin found (1/2" rebar);
THENCE North 09 degrees 13 minutes 54 seconds West for a distance of 199.09
feet to an iron pin found (1/2" rebar);
THENCE North 06 degrecs 36 minutes 44 seconds East for a distance of 86.01
feet to a point;
THENCE North 42 degrees 46 minutes 00 seconds West for a distance of 127.41
feet to an iron pin found (1/2" rebar);
THENCE North 32 degrees 04 minutes 17 seconds West for a distance of 77.16
feet to an iron pin found (1/2" rebar);
THENCE North 00 degrees 02 minutes 28 seconds East for a distance of 72.24
feet to a point;
THENCE North 44 degrees 57 minutes 17 seconds West for a distance of 71.55
feet to an iron pin found (1/2" rebar);
THENCE North 44 degrees 57 minutes 17 seconds West for a distance of 95.67
feet to a point;
THENCE South 89 degrees 53 minutes 35 seconds West for a distance of 150.76
feet to a point;
THENCE South 33 degrees 40 minutes 34 seconds West for a distance of 176.16
feet to a point on the easterly right-of-way of Manor Club Drive;
THENCE along said right-of-way of Manor Club Drive the following
courses and distances:
THENCE North 56 degrees 16 minutes 00 seconds West for a distance of 103.99
feet to a point;
THENCE along a curve to the right having a radius of 378.00 feet and an are
length of 669.88 feet, being subtended by a chord of North 05 degrees 36 minutes 01
seconds West for a distance of 585.60 feet to a point;
THENCE along a curve to the right having a radius of 328.00 feet and an are
length of 244.67 feet, being subtended by a chord of North 66 degrees 32 minutes 17
seconds East for a distance of 239.03 feet to a point;
THENCE North 87 degrees 54 minutes 27 seconds East for a distance of 51.04
feet to a point;
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Deed Book 465 13 Pg 33+7
THENCE along a curve to the left having a radius of 212.00 feet and an arc length
of 122.29 feet, being subtended by a chord of North 71 degrees 23 minutes 22 seconds
East for a distance of 120.60 feet to an iron pin found (1/2" rebar);
THENCE leaving said right-of-way South 35 degrees 19 minutes 46 seconds East
for a distance of 118.95 feet to a point;
THENCE South 53 degrees 24 minutes 33 seconds East for a distance of 423.63
feet to a point;
THENCE North 61 degrees 36 minutes 35 seconds East for a distance of 72.87
feet to a point;
THENCE South 33 degrees 55 minutes 11 seconds East for a distance of 225.68
feet to an iron pin found (1/2" rebar) on the line common to Land Lot 325 of the 2"d
District, 2"d Section, Fulton County and Land Lot 325 of the 2"d District, Forsyth County,
said line being the County Line between Forsyth County and Fulton County;
THENCE along said County Line, South 00 degrees 07 minutes 25 seconds East
for a distance of 393.18 feel to an iron pin found (1-1/4" open top) at the comer of Land
Lots 325 and 396 of the 2"d District, 2"d Section, Fulton County, and Land Lots 325 and
396 of the 2"d District, Forsyth County;
THENCE leaving said County Line, and following along the line common to
Land Lots 325 and 396 of the 2"d District, Forsyth County, the following courses and
distances;
THENCE South 89 degrees 02 minutes 30 seconds East for a distance of 110.72
feet to an iron pin found (1/2" rebar);
THENCE South 89 degrees 22 minutes 57 seconds East for a distance of 178.06
feet to an iron pin found (1 i2" rebar);
THENCE South 89 degrees 27 minutes 07 seconds East for a distance of 176.72
feet to an iron pin found (3/4" crimp top);
THENCE South 89 degrees 36 minutes 15 seconds East for a distance of 391.67
feet to a point;
THENCE leaving said Land Lot Line, South 16 degrees 25 minutes 12 seconds
West for a distance of 496.03 feet to an iron pin found (1/2" rebar);
THENCE South 58 degrees 43 minutes 49 seconds East for a distance of 92.61
feet to an iron pin found (1/2" rebar);
THENCE South 87 degrees 10 minutes 28 seconds East for a distance of 200.04
feet to an iron pin set (1/2" rebar);
THENCE South 50 degrees 57 minutes 50 seconds East for a distance of 190.28
feet to an iron pin found (nail at 1" crimp top) on the fine common to Land Lots 395 and
396 of the 2"d District, Forsyth County;
THENCE along said Land Lot Line, South 00 degrees 27 minutes 23 seconds
East for a distance of 671.76 feet to an iron pin found (1/2" crimp top) at the comer of
Land Lots 395, 396, 397 and 398 of the 2"d District, Forsyth County;
THENCE along the line common to Land Lots 397 and 398, South 01 degrees 12
minutes 59 seconds East for a distance of 1048.49 feet to the POINT OF BEGINNING
for the parcel described herein.
Together with and subject to covenants, easements, and restrictions of record.
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Deed Back 46513 Pg 339
Said property contains 56.778 acres and is shown as "Golf Tract A" on
a survey for the Manor Golf and Country Club, LLC, and Empire Financial
Services, Inc., prepared by Moreland Altobelli Associates, Patrick D. Canaday
GJLL.S. no. 3039, dated 8/I/2007, last revised 10/10/2007. Said Survey is
incorporated herein for a more complete and specific reference.
G:IDATAISURVEY105G235EkLEGALS\TRACT A
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Deed Book 46513 Pg 336
GOLF TRACT B
All that tract of land or parcel of land lying & being in Land Lot 399, 2"d District,
2"d Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (1/2" rebar) at the intersection of the
northerly right-of-way of Watsons Bend Road and the easterly right-of-way of Hamby
Road;
THENCE along the northerly right-of-way of Watsons Bend Road, North 76
degrees 06 minutes 56 seconds East for a distance of 34.41 feet to an iron pin found (1/2"
rebar);
THENCE North 87 degrees 47 minutes 37 seconds East for a distance of 8.71 feet
to a point. Said point being the POINT OF BEGINNING for the parcel described herein;
THENCE leaving said northerly right-of-way of Watsons Bend Road, along a
curve to the right having a radius of 75.19 feet and an arc length of 73.60 feet, being
subtended by a chord of North 57 degrees 17 minutes 48 seconds West for a distance of
70.69 feet to a point;
THENCE North 39 degrees 09 minutes 47 seconds West for a distance of 120.85
feet to a point on the easterly right-of-way of Hamby Road;
THENCE along said right-of-way along a curve to the left having a radius of
635.00 feet and an are length of 226.85 feet, being subtended by a chord of North 39
degrees 09 minutes 42 seconds West for a distance of 225.65 feel to an iron pin found
(1/2" rebar);
THENCE leaving said easterly right-of-way of Hamby Road, North 39 degrees 09
minutes 30 seconds West for a distance of 83.04 feet to a point;
THENCE North 30 degrees 48 minutes 54 seconds West for a distance of 23.07
feet to a point;
THENCE North 70 degrees 16 minutes 33 seconds East for a distance of 241.51
feet to a point;
THENCE South 34 degrees 46 minutes 31 seconds East for a distance of 501.16
feet to an iron pin found (1/2" rebar) on the northerly right-of-way of Watson Bend
Road;
THENCE along said northerly right-of-way of Watson Bend Road, the following
courses and distances:
THENCE South 55 degrees 16 minutes 08 seconds West for a distance of 39.03
feet to a point;
THENCE along a curve to the right having a radius of 328.00 feet and an are
length of 76.66 feet, being subtended by a chord of South 61 degrees 58 minutes 17
seconds West for a distance of 76.48 feet to an iron pin found (1/2" rebar);
THENCE South 87 degrees 47 minutes 37 seconds West for a distance of 71.08
feet to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restriction of record.
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Deed Book 465 1 3 Pg 337
Said property contains 2.506 acres and is shown as "Golf Tract B" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial
Services, Inc., prepared by Moreland Altobelli Associates, Patrick D. Canaday
G.RL.S. no. 3039, dated 8/t/2007, last revised 10/1012007. Said Survey is
incorporated herein for a more complete and specific reference,
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Deed Book 465 13 Pg 338
GOLF TRACT C
All that tract or parcel of land lying and being in Land Lot 396, 26 District, 2nd
Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (1" solid rod) at the corner of Land Lots
395, 396, 397, and 398;
THENCE along the line common to Land Lots 396 and 395, North 00 degrees 42
minutes and 56 seconds East for a distance of 717.90 feet;
THENCE leaving said Land Lot Line, North 12 degrees 28 minutes 46 seconds
East for a distance of 142.84 feet to a point. Said point being the POINT OF
BEGINNING for the parcel described herein;
THENCE North 12 degrees 28 minutes 46 seconds East for a distance of 308.18
feet to a point;
THENCE along a curve to the right having a radius of 175.00 feet and an arc
length of 188.76 feet, being subtended by a chord of North 43 degrees 22 minutes 46
seconds East for a distance of 179.74 feet to a point;
THENCE South 07 degrees 45 minutes 25 seconds West for a distance of 22.47
feet to a point;
THENCE North 81 degrees 48 minutes 18 seconds West for a distance of 25.00
feet to a point;
THENCE South 08 degrees I I minutes 42 seconds West for a distance of 70.78
feet to a point;
THENCE South 03 degrees 46 minutes 58 seconds East for a distance of 120.46
feet to a point;
THENCE South 87 degrees 20 minutes 17 seconds East for a distance of 47.20
feet to a point;
THENCE South 23 degrees 36 minutes 21 seconds East for a distance of 19.60
feet to a point;
THENCE South 00 degrees 48 minutes 18 seconds West for a distance of 231.84
feet to a point;
THENCE South 86 degrees 15 minutes 02 seconds West for a distance of 111.45
feet to a point;
THENCE North 69 degrees 58 minutes 41 seconds West for a distance of 107.12
feet to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 1.437 acres and is shown as "Golf Tract C" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial
Services, Inc., prepared by Moreland Altobelli Associates, Patrick D. Canaday
G.R.L.S. no. 3039, dated 8/1/2007, revised on 10/10/2007. Said Survey is
incorporated herein for a more complete and specific reference.
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Deed Book 46513 Pg 339
GOLF TRACT D
All that tract or parcel of land lying and being in Land Lots 325, 326, 323 and
324, 2"d District, 2"d Section of Fulton County, Georgia and being more particularly
described as follows:
COMMENCING at an iron pin found ('/:" rebar) at the intersection of the
Northerly right-of-way of Manor Bridge Drive and the Westerly right-of-way of Manor
Club Drive;
THENCE along the westerly right-of-way of Manor Club Drive, along a curve to
the right, an arc length of 40434 feet to an iron pin found (1/2" rebar). Said point being
the POINT OF BEGINNING for the parcel described herein;
THENCE leaving said right-of-way North 44 degrees 40 minutes 52 seconds
West for a distance of 36337 feet to an iron pin found (1/2" rebar);
THENCE South 37 degrees 57 minutes 16 seconds West for a distance of 569.70
feet to a point;
THENCE North 82 degrees 59 minutes 26 seconds West for a distance of 93.49
feet to a point;
THENCE North 25 degrees 01 minutes 59 seconds East for a distance of 620.99
feet to a point;
THENCE North 01 degrees 19 minutes 17 seconds West for a distance of 742.63
feet to a point;
THENCE North 60 degrees 54 minutes 00 seconds West for a distance of 25.22
feet to a point
THENCE North 01 degrees 48 minutes 52 seconds East for a distance of 40.70
feet to a point;
THENCE North 01 degrees 48 minutes 52 seconds East for a distance of 267.59
feet to an iron pin found (1/2" rebar);
THENCE North 18 degrees 55 minutes 08 seconds West for a distance of 137.12
feet to an iron pin found (1/2" rebar) on the southerly right-of-way of Manor Club Drive;
THENCE along said right-of-way, along a curve to the right having a radius of
228.00 feet and an arc length of 117.40 feet, being subtended by a chord of North 85
degrees 56 minutes 12 seconds East fora distance of 116.11 feet to a point;
THENCE along said right-of-way, South 79 degrees 18 minutes 40 seconds East
for a distance of 125.72 feet to an iron pin found (1/2" rebar);
THENCE leaving said right-of-way, South 10 degrees 41 minutes 35 seconds
West for a distance of 254.30 feet to a point;
THENCE South I 1 degrees 03 minutes 06 seconds East for a distance of 123.15
feet to a point;
THENCE South 76 degrees 24 minutes 47 seconds East for a distance of 60.02
feet to a point;
THENCE South 64 degrees 33 minutes 45 seconds East for a distance of 60.02
feet to a point;
THENCE South 34 degrees 45 minutes 16 seconds East for a distance of 60.02
feet to a point;
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Deed Book 46513-Pg 340
THENCE South 22 degrees 54 minutes 14 seconds East for a distance of 60.02
feet to a point;
THENCE South 05 degrees 48 minutes 58 seconds West for a distance of 140.83
feet to a point;
THENCE South 10 degrees 28 minutes 17 seconds East for a distance of 350.92
feet to a point;
THENCE South 48 degrees 58 minutes 46 seconds East for a distance of 212.08
feet to a point;
THENCE South 14 degrees 23 minutes 21 seconds East for a distance of 337.04
feet to an iron pin found (1/2" rebar) on the northerly right-of-way of Manor Club Drive;
THENCE along said right-of-way, along a curve to the left having a radius of
372.00 feet and an are length of 196.29 feet, being subtended by a chord of South 60
degrees 48 minutes 19 seconds West for a distance of I94.02 feet to an iron pin found
(1/2" rebar) and the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 12.974 acres and is shown as "Golf Tract D" on
a survey for the Manor Golf and Country Club, LLC, and Empire Financial
Services, Inc., prepared by Moreland Altobelli Associates, Patrick D. Canaday
G.R.L.S. no. 3039, dated VM007, revised on 10/10/2007. Said Survey is
incorporated herein for a more complete and specific reference.
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All that tract or parcel
324, god District, god Section
described as follows:
Deed Book 46513 Pg 34 1
GOLF TRACT E
of land lying and being in Land Lots 253, 254, 323 and
of Fulton County, Georgia and being more particularly
BEGINNING at an iron pin found (5/8" rebar) at the comer of Land Lots 253,
254, 323, and 324;
THENCE North 32 degrees 43 minutes 53 seconds West for a distance of 137.41
feet to a point;
THENCE North 06 degrees 36 minutes 04 seconds West for a distance of 698.88
feet to a point;
THENCE North 04 degrees 33 minutes 47 seconds West for a distance of 140.52
feet to a point;
THENCE North 00 degrees 20 minutes 53 seconds East for a distance of 114.35
feet to a point;
THENCE North 00 degrees 28 minutes 51 seconds East for a distance of 200.49
feet to a point;
THENCE North 01 degrees 00 minutes 51 seconds East for a distance of 122.48
feet to a point;
THENCE North 87 degrees 17 minutes 18 seconds East for a distance of 81.20
feet to a point;
THENCE South 60 degrees 39 minutes 33 seconds East for a distance of 112.02
feet to a point;
THENCE South 68 degrees 29 minutes 49 seconds East for a distance of 194A7
feet to a point;
THENCE South 68 degrees 30 minutes 08 seconds East for a distance of 437.99
feet to a point;
THENCE South 89 degrees 12 minutes 26 seconds East for a distance of 272.83
feet to a point;
THENCE North 32 degrees 42 minutes 18 seconds East for a distance of 580.26
feet to a point;
THENCE North 00 degrees 54 minutes 52 seconds West for a distance of 543.05
feet to a point;
THENCE North 28 degrees 07 minutes 50 seconds West for a distance of 271.68
feet to a point;
THENCE North 76 degrees 04 minutes 51 seconds West for a distance of 254.72
feet to a point;
THENCE South 87 degrees 49 minutes 14 seconds West for a distance of 186.43
feet to a point;
THENCE South 87 degrees 44 minutes 45 seconds West for a distance of 123.24
feet to a point;
THENCE North 89 degrees 32 minutes 48 seconds West for a distance of 487.56
feet to a point;
THENCE South 34 degrees 25 minutes 37 seconds West for a distance of 149.52
feet to a point;
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Deed Book 4654.3 Ag 342
THENCE along a curve to the right having a radius of 150.00 feet and an arc
length of 97.33 feet, being subtended by a chord of North 36 degrees 59 minutes 16
seconds West for a distance of 95.64 feet to a point;
THENCE North 38 degrees 59 minutes 23 seconds East for a distance of 147.21
feet to a point;
THENCE North 19 degrees 48 minutes 22 seconds East for a distance of 88.86
feet to an nail found in bridge on line common to Land Lots 182 and 251 and on the
centerline of Chicken Creek;
THENCE following along said Land Lot Line, South 89 degrees 29 minutes 56
seconds East for a distance of 19.90 feet to an iron pin found (1/2" rebar) at the comer of
Land Lots 181, 182, 251, and 252;
THENCE following along the line common to Land Lots 191 and 252, South 89
degrees 27 minutes 16 seconds East for a distance of 1323.32 feet to an iron pin found
(I" solid) at the northeast corner of Land Lot 252 and the line common to Fulton County
and Forsyth County;
THENCE following along said County Line, South 00 degrees 26 minutes 1 I
seconds East for a distance of 1047.11 feet to a rock found;
THENCE continuing along said County Line, South 00 degrees 51 minutes 49
seconds East for a distance of 247.94 feet to an iron pin found (12"rebar) at the
intersection of said County Line and the Northerly 60-foot right -of --way of Longstreet
Road;
THENCE leaving said County Line, and following along said 60-foot right-of-
way of Longstreet Road, South 64 degrees 25 minutes 15 seconds West for a distance of
48.40 feet to a point;
THENCE South 65 degrees 02 minutes 59 seconds West for a distance of 151.12
feet to a point;
THENCE South 64 degrees 22 minutes 46 seconds West for a distance of 93.12
feet to a point;
THENCE along a curve to the left having a radius of 289.97 feet and an arc length
of 253.30 feet, being subtended by a chord of South 39 degrees 50 minutes 59 seconds
West for a distance of 245.33 feet to a point;
THENCE South 16 degrees 05 minutes 20 seconds West for a distance of 56.60
feet to an iron pin found (5/8"rebar);
THENCE leaving said 60-foot right -of --way of Longstreet Road, South 75 degrees
32 minutes 32 seconds West for a distance of 205.55 feet to an iron pin found (I" crimp
top pipe);
THENCE North 61 degrees 09 minutes 58 seconds West for a distance of 796.47
feet to an iron pin set (12" rebar) at the corner of Land Lots 251, 252, 253 and 254;
THENCE following along the line common to Land Lots 253 and 254, South 00
degrees 35 minutes 00 seconds West for a distance of 700.64 feet to an iron pin found
(1/2" rebar);
THENCE South 00 degrees 34 minutes 50 seconds West for a distance of 532.51
feet to an iron pin found (5/8" rebar) at the comer of Land Lots 253, 254, 323, and 324,
and the POINT OF BEGINNING for the parcel herein described;
Together with and subject to covenants, easements, and restrictions of record.
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i
Deed Book 465 13 Fig 343
1
Said property contains 19.265 acres and is shown as "Golf Tract E" on a survey
for the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc.,
prepared by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/112007, revised on 10/10/2007. Said Survey is incorporated herein for a more complete
and specific reference.
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GOLF TRACT F
_3
Deed Book 46513 Pg 344
All that tract or parcel of land lying and being in Land Lots 323, 254 and 251, 2nd
District, 2"d Section for Fulton County, Georgia and being more particularly described as
follows:
BEGINNING at an iron pin found (3/8 inch rebar) at the comer of Land Lots 251,
252, 254, and 255;
THENCE along the line common to Land Lots 251 and 252, North 00 degrees 08
minutes 23 seconds East for a distance of 394.14 feet to a point at the intersection of said
Land Lot Line and the Southerly right-of-way of Manor North Drive;
THENCE leaving said Land Lot Line, following along said right-of-way along a
curve to the left having a radius of 244.00 feet and an arc length of 12.32 feet, being
subtended by a chord of South 83 degrees 51 minutes 30 seconds East for a distance of
12.32 feet to a point;
THENCE South 85 degrees 18 minutes 16 seconds East for a distance of 273.36
feet to a point;
THENCE leaving said right-of-way, along a curve to the right having a radius of
498.00 feet and an arc length of 385.14 feet, being subtended by a chord of South 63
degrees 06 minutes 51 seconds East for a distance of 375.61 feet to a point;
THENCE South 48 degrees 37 minutes 47 seconds West for a distance of 328.80
feet to a point;
THENCE South 37 degrees 43 minutes 38 seconds East for a distance of 82.51
feet to a point;
THENCE South 02 degrees 34 minutes 29 seconds West for a distance of 690.67
feet to a point
THENCE South 05 degrees 39 minutes 14 seconds East for a distance of 126.21
feet to a point;
THENCE South 07 degrees 49 minutes 19 seconds East for a distance of 208.22
feet to a point;
THENCE South 08 degrees 32 minutes 53 seconds East for a distance of 26.62
feet to a point;
THENCE South 58 degrees 28 minutes 32 seconds East for a distance of 208.50
feet to a point;
THENCE South 20 degrees 26 minutes 54 seconds West for a distance of 173.51
feet to a point on the Northerly 60-foot right -of --way of Longstreet Road;
THENCE along said 60-foot right-of-way of Longstreet Road, North 69 degrees
38 minutes 11 seconds West for a distance of 280.19 feet to a point;
THENCE leaving said 60-foot right-of-way of Longstreet Road, North 12 degrees
11 minutes 40 seconds West for a distance of 498.07 feet to a point;
THENCE North 11 degrees 28 minutes 07 seconds East for a distance of 621.73
feet to a point;
THENCE North 18 degrees 19 minutes 47 seconds East for a distance of 38.88
feet to a point;
THENCE North 08 degrees 34 minutes 49 seconds East for a distance of 116.20
feet to a point;
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Deed Book 46513 Pg 345
THENCE North 02 degrees 16 minutes 12 seconds East for a distance of 13.92
feet to a point
THENCE North 04 degrees 02 minutes 25 seconds West for a distance of 26.81 1
feet to a point on the line common to Land Lots 251 and 254;
THENCE along said Land Lot Line, North 87 degrees 21 minutes 24 seconds
West for a distance of 339.54 feet to an iron pin found (3/8 inch rebar) at the comer of
Land Lots 254, 255, 251 and 252. Said point being the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 9.879 acres and is shown as "Golf Tract F" on a survey for
the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc., prepared
by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no. 3039, dated
8/l/2007, revised on 10/10/2007. Said Survey is incorporated herein for a more complete
and specific reference.
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Deed Book 46513 Pg 346
GOLF TRACT G
All that tract or parcel of land lying and being in Land Lot 398, 2nd District, 24d
Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at iron pin found (1"rebar) at the southeast comer of Land Lot
398;
THENCE North 61 degrees 54 minutes 25 seconds East for a distance of 249.16
feet to a point;
THENCE North 87 degrees 52 minutes 29 seconds West for a distance of 853.36
feet to a point. Said point being the POINT OF BEGINNING for the parcel described
herein;
THENCE North 88 degrees 23 minutes 33 seconds West for a distance of 443.44
feet to a point;
THENCE North 01 degrees 43 minutes 00 seconds East for a distance of 174.61
feet to a point;
THENCE South 88 degrees 23 minutes 50 seconds East for a distance of 60.24
feet to a point;
THENCE North 84 degrees 03 minutes 25 seconds East for a distance of 222.80
feet to a point;
THENCE North 83 degrees 23 minutes 25 seconds East for a distance of 163.67
feet to a point;
THENCE South 01 degrees 36 minutes 23 seconds West for a distance of 227.28
feet to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.003 acres and is shown as "Golf Tract G" on a survey for
the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc., prepared
by Moreland Altobelli Associates, Patrick D. Canaday G.1LL.S. no. 3039, dated
8/I/2007, revised on 10/10/2007. Said Survey is incorporated herein for a more complete
and specific reference.
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GOLF TRACT H
Deed Book 46513 Pg 347
All that tract or parcel of land lying and being in Land Lot 251, 2a'
District, 2°d Section of Fulton County, Georgia and being more particularly
described as follows:
COMMENCING at an iron pin found (1/2" rebar) at the comer of Land
Lots 251, 252, 181, and 182;
THENCE along the line common to Land Lots 182 and 251, North 89
degrees 29 minutes 56 seconds West for a distance of I9.90 feet to a found nail
in bridge at the intersection of said Land Lot Line and the centerline of Chicken
Creek;
THENCE leaving said Land Lot Line and centerline of Chicken Creek,
South 19 degrees 48 minutes 22 seconds West for a distance of 88.86 feet to a
point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance
of 147.21 feet to a point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance
of 6.50 feet to a point;
THENCE North 74 degrees 39 minutes 43 seconds West for a distance of 64,49
feet to a point, and the POINT OF BEGINNING for the parcel described herein;
THENCE South 41 degrees 45 minutes 34 seconds West for a distance
of 365.30 feet to a point;
THENCE North 27 degrees 52 minutes 59 seconds Fast for a distance
of 335.15 feet to a point;
THENCE South 74 degrees 39 minutes 43 seconds East for a distance
of 89.75 feet to the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of
record.
Said property contains 0.337 acres and is shown as "Golf Tract H" on a survey for
the Manor Golf and Country Club, LLC, and Empire Financial Services, Inc., prepared
by Moreland Altobelli Associates, Patrick D. Canaday G.R.L.S. no, 3039, dated
8/l/2007, last revised 10/10/2007. Said Survey is incorporated herein for a more
complete and specific reference.
G:IDATAISURV M05G235E%LEGALSITRACT H
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GOLF TRACT I
Deed Book 465 13 Pg 348
All that tract or parcel of land lying and being in Land Lot 251, 2e0 District, 2ed
Section of Fulton County, Georgia and being more particularly described as follows:
COMMENCING at an iron pin found (1/2" rebar) at the comer of Land Lots
251, 252, 181, and 182;
THENCE along the line common to Land Lots 182 and 251, North 89 degrees
29 minutes 56 seconds West for a distance of 19.90 feet to a found nail in bridge at the
intersection of said Land Lot Line and the centerline of Chicken Creek;
THENCE leaving said Land Lot Line and centerline of Chicken Creek, South
19 degrees 48 minutes 22 seconds West for a distance of 88.86 feet to a point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance of
147.21 feet to a point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance of 6.50
feet to a point;
THENCE North 74 degrees 39 minutes 43 seconds West for a distance of
64,49 feet to a point;
THENCE North 74 degrees 39 minutes 43 seconds West for a distance of
89.75 feet to a point;
THENCE South 27 degrees 52 minutes 59 seconds West for a distance of
335.15 feet to a point;
THENCE South 27 degrees 52 minutes 59 seconds West for a distance of
55.01 feet to a point;
THENCE South 53 degrees 57 minutes 20 seconds West for a distance of
62.45 feet to a point, said point being the POINT OF BEGINNING for the parcel
described herein;
THENCE South 41 degrees 45 minutes 34 seconds West for a distance of
89.69 feet to a point;
THENCE South 64 degrees 48 minutes 47 seconds West for a distance of
610.43 feel to a point;
THENCE North 02 degrees 40 minutes 50 seconds West for a distance of
199.89 feet to a point;
THENCE North 16 degrees 46 minutes 31 seconds East for a distance of31.02
feet to a point;
THENCE South 89 degees 05 minutes 53 seconds East for a distance of
468.74 feet to a point;
THENCE North 53 degrees 57 minutes 20 seconds East for a distance of
177.92 feet to the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 1308 acres and is shown as "Golf Tract I" on a survey for the Manor Golf
and Country Club, LLC, and Empire Financial Services, Inc., prepared by Moreland Altobelli
Associates, Patrick D. Canaday G.R.L.S. no.3039, dated 8/I/2007, last revised 10/1012007. Said
Survey Is incorporated herein for a more complete and specific reference.
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GGLFTRACTJ
Deed Book 46513 Pg 349
All that tract or parcel of land lying and being in Land Lot 252, 2nd
District, 2nd Section of Fulton County, Georgia and being more particularly
described as follows:
BEGINNING at an iron pin found (3/8" rebar) at the comer of Land
Lots 251, 252, 254, and 255;
THENCE following along the line common to Land Lots 252 and 255, South 89
degrees 46 minutes 31 seconds West for a distance of 35.31 feet to a point;
THENCE leaving said Land Lot Line, North 10 degrees 02 minutes 55
seconds West for a distance of 327.48 feet to a point;
THENCE North 20 degrees 14 minutes 08 seconds East for a distance of 93.73
feet to a point on the southerly right-of-way of Manor North Drive;
THENCE along said right-of-way of Manor North Drive, South 70
degrees 02 minutes 35 seconds East for a distance of 10.57 feet to a point;
THENCE along a curve to the left having a radius of 244.00 feet and an
arc length of 52.67 feet, being subtended by a chord of South 76 degrees 13
minutes 39 seconds East for a distance of 52.57 feet to a point on the line
common to Land Lots 251 and 252;
THENCE leaving said right -of --way of Manor North Drive, and
following along said Land Lot Line, South 00 degrees 08 minutes 23 seconds
West for a distance of 394.14 feet to an iron pin found (3/8" mbar) at the corner
of Land Lots 251, 252, 254, and 255, and the POINT OF BEGINNING;
Together with and subject to covenants, easements, and restrictions of
record
Said property contains 0.618 acres and is shown as "Golf Tract P on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial
Services, Inc., prepared by Moreland Altobelli Associates, Patrick D. Canaday
G.R.L.S. no. 3039, dated 8/l/2007, last revised 10/10/2007. Said Survey is
incorporated herein for a more complete and specific reference.
0:IDATAVSGRVEY\050235E1LEGALSITPACT J
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GOLF TRACT K
Deed Book 46513 Pg 350
All that tract or parcel of land lying and being in Land Lots 182 and
251, 2nd District, 2"d Section of Fulton County, Georgia and being more
particularly described as follows:
COMMENCING at an iron pin found (1/2" rebar) at the comer of Land
Lots 251, 252, 181, and 182;
THENCE along the line common to Land Lots 182 and 251, North 89
degrees 29 minutes 56 seconds West for a distance of 19.90 feet to a found nail
in bridge at the intersection of said Land Lot Line and the centerline of Chicken
Creek, said point being the POINT OF BEGINNING for the parcel described
herein;
THENCE leaving said Land Lot Line and centerline of Chicken Creek,
South 19 degrees 48 minutes 22 seconds West for a distance of 88.86 feet to a
point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance
of 147.21 feet to a point;
THENCE South 38 degrees 59 minutes 23 seconds West for a distance
of 6.50 feet to a point;
THENCE North 74 degrees 39 minutes 43 seconds West for a distance
of 64.49 feet to a point;
THENCE North 74 degrees 39 minutes 43 seconds West for a distance
of 89,75 feet to a point;
THENCE South 27 degrees 52 minutes 59 seconds West for a distance
of 335.15 feet to a point;
THENCE South 27 degrees 52 minutes 59 seconds West for a distance
of 55.01 feet to a point;
THENCE South 53 degrees 57 minutes 20 seconds West for a distance
of 62.45 feet to a point;
THENCE South 53 degrees 57 minutes 20 seconds West for a distance
of 177.92 feet to a point;
THENCE North 89 degrees 05 minutes 53 seconds West for a distance
of 468.74 feet to a point;
THENCE North 16 degrees 46 minutes 31 seconds East for a distance
of 108.98 feet to a point;
THENCE North 23 degrees 40 minutes 59 seconds East for a distance
of 76.75 feet to a point on the southerly 60-foot right-of-way for Black Oak
Road;
THENCE following along said 604001 right-of-way Black Oak Road,
along a curve to the left having a radius of 90.00 feet and an arc length of 8.43
feet, being subtended by a chord of Notch 62 degrees 41 minutes 25 seconds
East for a distance of 8.43 feet to a point;
THENCE North 60 degrees 00 minutes 27 seconds East for a distance
of 25.36 feet to a point
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Deed Bonk 46513 P9 351
THENCE leaving said 60-foot right -of --way of Black Oak Road, North
72 degrees 16 minutes 24 seconds East for a distance of 321.10 feet to a point;
THENCE North 52 degrees 18 minutes 02 seconds East for a distance
of 162.74 feet to a point;
THENCE North 82 degrees 23 minutes 44 seconds East for a distance
of 222.44 feet to a point;
THENCE North 47 degrees 09 minutes 24 seconds East for a distance
of 217.37 feet to a point;
THENCE North 70 degrees 33 minutes 24 seconds East for a distance
of 147.87 feet to a point;
THENCE North 27 degrees 06 minutes 14 seconds East for a distance
of 57.88 feet to a point;
THENCE North 01 degrees 40 minutes 52 seconds East for a distance
of 102.18 feet to a point;
THENCE along a curve to the right having a radius of 75.00 feet and an
are length of 64.40 feet, being subtended by a chord of South 45 degrees 08
minutes 51 seconds East for a distance of 62.44 feet to a point on the centerline
I of Chicken Creek;
THENCE along said centerline of Chicken Creek, South 12 degrees 56
minutes 38 seconds East for a distance of 16.36 feet to a point;
THENCE South Ol degrees 36 minutes 45 seconds West for a distance
of 67.43 feet to a nail found in bridge at the intetsmtion of the line between
Land Lots 182 and 251, and the centerline of Chicken Creek, said point being
the POINT OF BEGINNING.
record. Together with and subject to covenants, easements, and restrictions of
Said property contains 5.298 acres and is shown as "Golf Tract K" on a
survey for the Manor Golf and Country Club, LLC, and Empire Financial
Services, Inc., prepared by Moreland Altobelli Associates, Patrick D. Canaday
G.R.L.S. no. 3039, dated 8/l/2007, last revised 10/10/2007. Said Survey is
incorporated herein for a more complete and specific reference.
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Deed Book 46513 Pg 352
Cathelene Robinson
Clerk of Superior Court
GOLF MAINTFNANCETRACI' Fulton County, Georgia
All that tract or parcel of land lying and being in Land Lots 398, 399, 466 and
467 of the 2n° District, 2e° Section of Fulton County, Georgia and being more
particularly described as follows:
COMMENCING at an iron pin found (1" rebar) at the corner of Land Lots
397, 398, 467, and 468;
THENCE North 61 degrees 54 minutes 25 seconds East for a distance of
249.16 feet to a point;
THENCE North 87 degrees 52 minutes 29 seconds West for a distance of
853.36 feet to a point;
THENCE North 88 degrees 23 minutes 33 seconds West for a distance of
443.44 feet to a point;
THENCE South 01 degrees 43 minutes 00 seconds West for a distance of
77.99 feet to an iron pin found (12" rebar). Said point being the POINT OF
BEGINNING for the parcel described herein.
THENCE South 01 degrees 45 minutes 24 seconds West for a distance of
98.78 feet to a point;
THENCE South 52 degrees 18 minutes 32 seconds West for a distance of
257.62 feet to a point on the northerly right-of-way of Hamby Road;
THENCE along said right-of-way of Hamby Road, North 62 degrees 02
minutes 56 seconds West for a distance of 31.56 feet to a point; -
THENCE North 61 degrees 05 minutes 37 seconds West for a distance of
153.53 feet to a point;
"i HENCE North 59 degrees 21 minutes 41 seconds West for a distance of
80.64 feet to a point;
THENCE along a curve to the right having a radius of 713.76 feet end an an;
length of 21 D.I I feet, being subtended by a chord of North 51 degrees 20 minutes 30
seconds West for a distance of 209.35 feel to an iron pin found (5/8" rebar);
THENCE leaving said right-of-way of Hamby Road, South 89 degrees 42
minutes 06 seconds East for a distance of 305.70 feel to an iron pin found (1/2' rebar);
THENCE South 89 degrees 34 minutes 14 seconds East for a distance of
130.29 feet to an iron pin found (1/2" rebar);
THENCE South 89 degrees 17 minutes 17 seconds East for a distance of
166.05 feet to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.149 acres and is shown as "Golf Tract A" on
a survey for the Manor Golf and Country Club, LLC, and Empire Financial Services,
Inc., prepared by Moreland Altobctli Associates, Patrick D. Canaday G.R.L.S. no.
3039, dated 8/1/2007, last revised 926/2007. Said Survey is incorporated herein for a
more complete and specific reference.
G:ldatalsurvey105G235E Agals1MAINT-TRACT
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IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
NR DEED, LLC,
Petitioner,
V.
FIRST CITIZENS BANK and TRUST COMPANY,
INC.; CC MANOR, LLC; CLUB CORP.; THE
MANOR GOLF AND COUNTRY CLUB; CITY OF
MILTON; and FULTON COUNTY, GEORGIA,
Respondents.
CIVIL ACTION FILE
NO.2019CV323925
Hamby Road
22-5180-0399-011-1
CERTIFICATE OF SERVICE
I certify that I have this day served the persons listed below with a copy of the foregoing
Second Amended Petition via United States first class mail, proper postage prepaid, addressed as
follows:
First Citizens Bank and Trust Company, Inc.
c/o CT Corporation System, RA
289 S Culver Street
Lawrenceville, Georgia 30046
First Citizens Bank and Trust Company, Inc.
c/o Craig Nix
4300 Six Forks Road
Raleigh, NC 27609
The Manor Golf and Country Club
15952 Manor Club Drive
Milton, GA 30004
C1ubCorp USA, Inc.
c/o Corporation Service Company, Inc., RA
40 Technology Pkwy South #300
Norcross, GA 30092
ClubCorp Golf of Georgia, L.P.
c/o Corporation Service Company, Inc., RA
40 Technology Pkwy South #300
Norcross, GA 30092
Lawrence Lee Washburn IV
Attorney at Law
Wilson Elser Moskowitz Edelman & Dicker LLP
3348 Peachtree Rd. NE I Suite 1400
Atlanta, GA 30326
Attorney for CC Manor, LLC; ClubCoy p Golf USA, Inc. and ClubCorp Golf of Georgia,
L. P.
City of Milton
clo Its Mayor
2006 Heritage Walk
Milton, GA 30004
Fulton County, Georgia
c/o Chairman of Board of Commissioners
141 Pryor Street, SW
Suite 10035
Atlanta, GA 30303
This 18a' day of December, 2019.
/s/ Alice S. McQuade
Alice S. McQuade
Georgia Bar No. 495871
The McDeer Firm
4355 Cobb Parkway, Suite J-505
Atlanta, GA 30339
P:(404) 781-2275
AliceMcOuadena investaservices.com