175 Mt. Vernon Hwy_web

TO:
Mayor and City Council for the City of Sandy Springs, Georgia
FROM:
Wendell K. Willard, City Attorney
Cecil McLendon, Assistant City Attorney
DATE:
June 29, 2015, for submission onto the July 7, 2015 Mayor and City Council Meeting Agenda
ITEM:
Consideration of Approval of the Appropriation of Properties Located at 175 Mt. Vernon Highway
(Parcel # 17-0089-0005-019-3) and 176 Hilderbrand Avenue (Parcel # 17-0089-0005-008-6) through
the Use of Eminent Domain.
City Attorney’s Recommendation:
The City Attorney recommends that the Mayor and City Council approve the use of the condemnation process for
properties located at 175 Mt. Vernon Highway (Parcel # 17 0089-0005-019-3) and 176 Hilderbrand Avenue (Parcel #
17-0089-0005-008-6), lying within Land Lot 89 of the 17th District, in connection with the City Center Project.
Background:
These properties are a critical component of the City Center Project. In order to construct the Project, certain rights are
required over, under, and through the properties located 175 Mount Vernon Highway and 176 Hilderbrand Avenue
within the City of Sandy Springs as necessary for a parking lot. Both properties are owned by The Evelyn S. Sauls
Real Estate Trust. The City started discussing this project with the property owners by sending an Introductory Letter.
The City also proceeded with having an appraisal performed and the City presented the Trustees with an appraised
fair market value offer of $1.75 million total for both properties. City Staff has been in negotiations with the property
owners to acquire the properties and other required rights by purchase. However, there are numerous tenants and
condemnation may be required to obtain clear title. Notice would be provided to Pamela S. Lee and Sharon Goodwin
as Trustees of The Evelyn S. Sauls Real Estate Trust, and all tenants of the property.
Discussion:
The City has certain policies in place for initiating a Condemnation Action by use of its Eminent Domain power. City
staff has performed an initial assessment of the properties and supporting documents, and has determined that
acquisition by the use of Eminent Domain alternative is required to insure that the City completes the project as
planned. The requirements for notice of consideration of this proposed condemnation have been satisfied. The City
Attorney recommends that the City proceed with the condemnation to avoid any delay in the project. City Staff will
continue negotiations in the hopes of reaching a settlement with the property owners.
Alternatives:
The City’s failure to obtain title to these properties would result in the City having to modify the proposed City Center
plans, which would increase the cost of the project substantially.
Financial Impact:
Purchase of this property has been budgeted in the Project Budget.
Attachments:
Exhibits
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Tax Plat Map
Aerial View
Street View
Resolution w/ Legal Description
RESOLUTION NO. 2015-07-XX
STATE OF GEORGIA
COUNTY FULTON
A RESOLUTION TO APPROVE THE APPROPRIATION OF PROPERTIES
LOCATED AT 175 MOUNT VERNON HIGHWAY AND 176 HILDERBRAND AVENUE
THROUGH THE USE OF EMINENT DOMAIN
WHEREAS, the City has determined it is necessary to construct certain improvements for the
development of its City Center Project (the “Project”); and
WHEREAS, in order to construct the Project, complete and unencumbered fee simple rights are required
over, under, and through the properties located at 175 Mount Vernon Highway and 176 Hilderbrand
Avenue within the City of Sandy Springs, more particularly described on Exhibit A, attached; and
WHEREAS, the Mayor and Council has considered the Project and determined that it is necessary and
must be carried out expeditiously to ensure timely completion; and
WHEREAS, acquisition by the use of Eminent Domain alternative is required to ensure that the City
acquires free and clear title to the properties; and
WHEREAS, the Mayor and City Council find that the circumstances are such that it is necessary to
proceed through the use of Eminent Domain.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL FOR THE
CITY OF SANDY SPRINGS, GEORGIA:
The Mayor and City Council authorize the City Attorney’s Office to acquire through the use of Eminent
Domain complete and unencumbered fee simple rights over, under, and across the properties located at
175 Mount Vernon Highway and 176 Hilderbrand Avenue, as more particularly described herein, in order
to ensure the timely completion of the City’s City Center Project.
RESOLVED this the 7th day of July, 2015.
Approved:
__________________________________
Russell K. Paul, Mayor
Attest:
_____________________________
Michael D. Casey, City Clerk
(Seal)
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RESOLUTION NO. 2015-07-XX
EXHIBIT “A”
175 MOUNT VERNON HIGHWAY:
All that tract OR parcel of land lying and being in Land Lot 89 of the 17th District of Fulton County,
Georgia, being all of Lot 24 and the east half of Lot 25 of the E.S. Hilderbrand Subdivision, as per plat of
the survey of Property of J.F. Sauls made by J.R. Branswell and Associates, Inc. dated June 1, 1949, and
also being lots 22 and 23 of the E.S. Hilderbrand Subdivison, according to the plat of the survey made by
J.B. Caray, C.E., dated July 8. 1963, copies of which plats are on file in the office of Alex McLonnan,
Attorney, Atlanta, Georgia, and being more particularly described as follows:
Beginning at a point on the southeasterly side of Mt. Vernon Highway five hundred fifty (550) feet
southwesterly from the intersection of the southeasterly side of Mt. Vernon Highway with the westerly
side of Roswell Road; said point of beginning also being located at the northwest corner of Lot 21 said
subdivision; and running thence south along the west line of said Lot 21 for a distance of one hundred
sixty four (164) feet to an iron pin; and running thence southwesterly for a distance of one hundred
seventy five (175) feet to an iron pin; and running thence north for a distance of one hundred fifty
three(153) feet to the southeasterly side of Mt. Vernon Highway; and running thence northeasterly along
the southeasterly side of Mt. Vernon Highway for a distance of one hundred seventy five (175) feet to the
point of beginning; said property also being shown on the plat of the survey made by C.R. Hughes, C.E.,
dated March 1925 and recorded in Plat Book 11, Pages 44 and 45, Fulton County Records.
176 HILDERBRAND AVENUE:
All that tract or parcel of land lying and being in Land Lot 89 of the 17th District of Fulton County,
Georgia, being lot 41 of Plat of Subdivision of E.S. Hilderbrand Property, as per plat recorded in Plat
Book 11, pages 44 and 45, Fulton County Records, and being more particularly described as follows:
BEGINNING at a point on the north side of Hilderbrand Avenue 600 feet west from the northwest corner
of Hilderbrand Avenue and Roswell Road (said beginning point also being at the southwest corner of Lot
42 of said subdivision); running thence west, along the north side of Hilderbrand Avenue 50 feet to Lot
40 of said subdivision; running thence north, along the east line of said Lot 40, 158 feet to Lot 23 of said
subdivision; running thence east 50 feet to Lot 42 of said subdivision; running thence south, along the
west line of said Lot 42, 161 feet to the north side of Hilderbrand Avenue and point of beginning.
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