City of Norcross. 65 Lawrenceville Street Norcross, GA Meeting Agenda. Monday, April 20, :30 PM. Council Chambers. Special Called Meeting

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1 City of Norcross 65 Lawrenceville Street Norcross, GA Meeting Agenda Monday, April 20, :30 PM Council Chambers Special Called Meeting Mayor Bucky Johnson Mayor Pro Tem Josh Bare Council Member Craig Newton Council Member Andrew Hixson Council Member David McLeroy Council Member Charlie Riehm

2 Special Called Meeting Meeting Agenda April 20, 2015 A. Call to order by Mayor Bucky Johnson PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES B. Roll Call (recorded) C. Public Hearing PUBLIC HEARING - Land Acquisition through the Exercise of Eminent Domain Purchase of Parcel #R , 5735 Buford Hwy Norcross, GA Attachments: RES - Condemnation Closed for Executive Session Signed by Mayor Bucky Johnson Attest: Monique Lang, City Clerk City of Norcross Page 2 Printed on 4/15/2015

3 City of Norcross 65 Lawrenceville Street Norcross, GA Legislation Details (With Text) File #: Version: 1 Type: Agenda Item Status: Agenda Ready File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: 4/14/2015 In control: Special Called Meeting 4/20/2015 Final action: PUBLIC HEARING - Land Acquisition through the Exercise of Eminent Domain Purchase of Parcel #R , 5735 Buford Hwy Norcross, GA RES - Condemnation Date Ver. Action By Action Result Title PUBLIC HEARING - Land Acquisition through the Exercise of Eminent Domain Purchase of Parcel #R , 5735 Buford Hwy Norcross, GA Drafter Mayor & Council Motion A motion to Adopt the attached Resolution, Order and Petition for Condemnation Of Parcel #R and to Authorize the Mayor to Execute all Necessary Documents. City of Norcross Page 1 of 1 Printed on 4/15/2015 powered by Legistar

4 HEARING TYPE Public Hearing THE CITY OF NORCROSS CITY COUNCIL MEETING BUSINESS AGENDA / MINUTES MEETING DATE: APRIL 20, 2015 ITEM NO: ACTION TYPE Resolution SUBJECT: Resolution, Order and Petition for Condemnation before Special Master acres, with 15,000 sf of improvements located at, to be acquired in fee simple, Owner: Vosamis Properties, LLC; Gwinnett County Tax ID # R , Gwinnett County, Georgia. DEPARTMENT: CITY MANAGER ATTACHMENT YES NO PAGES: PUBLIC HEARING: YES NO INFORMATION CONTACT: Rudolph Smith, City Manager PHONE NUMBER: (678) PURPOSE: To consider the attached Resolution, Order and Petition for Condemnation before Special Master for property owned by Vosamis Properties, LLC who may be served by and through its Attorney, Steven M. Mills, Esq., Mills & Hoopes LLC, 1550 North Brown Road, Suite 130, Lawrenceville, GA 30043, which is required for the construction of a public library and for public parking for downtown Norcross. To consider authorizing the Mayor to execute all necessary documents. NEED/IMPACT: The condemnation will enable the City of Norcross to acquire real property for the construction of a public library and for public parking for downtown Norcross. The required property interests are valued at One Million, Five Hundred Thousand Dollars and no/100 Dollars ($1,500,000.00) and a certified letter making the offer to purchase the property for the appraised value was sent to the property owner by and through its attorney of record on February 23, On March 5, 2015 Mr. Mills sent a letter to the City rejecting the City s offer on behalf of the owner. The City and/or the City Attorney has posted, published and mailed all notices required by O.C.G.A The City Attorney has reviewed the attached documents and approves them as to form. RECOMMENDATIONS: Adopt the attached Resolution, Order and Petition for Condemnation before Special Master of the following property. Gwinnett County Tax Id. No. Owner Parcel R Vosamis Properties, LLC 1 Authorize the Mayor to execute all necessary documents.

5 RESOLUTION A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORCROSS, GEORGIA, AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND LOCATED IN LAND LOT 243 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, FOR THE CONSTRUCTION OF A PUBLIC LIBRARY AND PUBLIC PARKING WITHIN THE CITY LIMITS OF NORCROSS, GEORGIA. WHEREAS, the Mayor and Council of the City of Norcross, Georgia possess the power of eminent domain as provided in 1990 Ga. Laws, p. 4934, as amended, Sec of the Code of Ordinances of the City of Norcross, and O.C.G.A et seq ; and WHEREAS, the Mayor and Council of the City of Norcross, Georgia have determined that it is in the public interest and benefit to acquire real estate for the construction of a public library and for public parking for downtown Norcross; and WHEREAS, in order to construct said public library and public parking for public use and for the public benefit, it is necessary that certain interests in real property within Gwinnett County be acquired; and WHEREAS, the Mayor and Council of the City of Norcross, Georgia hereby declare that the property as more fully described herein is to be acquired for a specific public purpose or use, which in this case is the acquisition of certain real property in fee simple necessary for a public library and public parking; and WHEREAS, the Mayor and Council of the City of Norcross, Georgia desire to acquire the real property for the construction of a public library and public parking which is located in Land Lot 243 of the 6th District of Gwinnett County, as described in the legal description, maps and drawings attached hereto as Exhibits A-1 and A-2 and incorporated herein by reference; and WHEREAS, it is necessary that the land described herein and other rights, if any, for construction of said project be acquired without delay; and WHEREAS, it will be necessary to institute condemnation proceedings in Gwinnett County Superior Court to acquire the property in Exhibits A-1 and A-2 as the owner is unwilling to sell such property rights through negotiation at the appraised value; and WHEREAS, the property to be acquired is owned by Vosamis Properties, LLC; however, there may be other parties, known or unknown, who have an interest in the property; and - 2 -

6 WHEREAS, an appraiser familiar with real estate values in Gwinnett County, Georgia, was employed to appraise the parcel at issue and has estimated just and adequate compensation for said parcel and for any consequential damages or benefits considered, is One Million, Five Hundred Thousand Dollars and no/100 Dollars ($1,500,000.00); and WHEREAS, the owner of the parcel referenced herein have been given written notice of the City s offer of payment, has refused the City s offer, and the City s intention to consider this Resolution as reflected in the correspondence attached hereto as Exhibit B and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Norcross, Georgia as follows: 1. that the public necessity for immediately acquiring all of the property described in Exhibits A-1 and A-2 for the above stated purposes is hereby declared; and further, a finding is hereby made that the circumstances are such that it is necessary to proceed with condemnation proceedings by use of a special master as the method of condemnation, as authorized by O.C.G.A et seq. and use of that method is hereby authorized for the acquisition of property described in Exhibits A- 1 and A-2 ; 2. that the City Attorney is authorized and directed by this Resolution to institute condemnation proceedings in the name of the City of Norcross, Georgia for the quick and effective condemnation of the property described in Exhibits A-1 and A-2 and of every interest therein, for the public uses above set forth, as provided by the Constitution of Georgia, and to use the Special Master Method of condemnation as provided in O.C.G.A et seq.; and 3. that the City Manager is hereby authorized and directed to expend all necessary and proper payments for the expenses incurred in carrying out the acquisition and condemnation of this property upon receipt of a requisition therefor from the City Attorney and to make all necessary and proper payments in connection with such acquisition, including but not limited to, title searches, appraisals, surveys, specialty reports, expert fees, closings and/or any other costs associated with any condemnation actions authorized by this Resolution

7 April, ADOPTED by the Mayor and Council of the City of Norcross, Georgia, this 20th day of BUCKY JOHNSON, Mayor The City of Norcross, Georgia MONIQUE LANG City Clerk The City of Norcross, Georgia - 4 -

8 ORDER OF THE MAYOR AND COUNCIL OF THE CITY OF NORCROSS, GEORGIA TO CONDEMN PROPERTY FOR THE PURPOSE OF CONSTUCTING A PUBLIC LIBRARY AND FOR PUBLIC PARKING WITHIN THE CITY LIMITS OF NORCROSS, GEORGIA. WHEREAS, the Mayor and Council of the City of Norcross, Georgia have laid out and determined to acquire real estate for the construction of a public library and for public parking within the city limits of Norcross, Georgia and being more fully shown on the legal description and survey plat attached as Exhibits A-1 and A-2 ; and WHEREAS, the Tract of property and other rights as herein described and listed below shown of record as owned by the entity named herein, all as described and shown in Exhibits A-1 and A-2 to this order incorporated by reference and made a part of this Order are essential for the construction of said project: Fee Simple acres, with 15,000 sf of improvements Land Lot 243 of the 6th District of Gwinnett County, Georgia Owner: Vosamis Properties, LLC by and through its Registered Agent Douglas G. Jones 2560 Stone Valley Lane Cumming, Georgia Known Leaseholders: (a) Fernando Silva a/k/a A1 International Taxi (678) (b) (c) Maysi Arreola de Quinteros a/k/a Amy's Variety (404) Norma Sanchez Ashley a/k/a Alterations (404)

9 (d) (e) (f) (g) (h) (i) (j) (k) (l) Shiraz Jiwani a/k/a Amigo Mart Supermarket Snack Bar (678) Shiraz Jiwani a/k/a Amigo Mart (678) Jorge Castellanos a/k/a Andina Services (770) Alberto Albear a/k/a Botanica Mexico(770) Leslie Ramirez Miranda a/k/a Chilangolandia (404) Cira Brito a/k/a El Regalo (770) Norma Macias a/k/a Joyeria Guadalupana (770) Teodoro Pineda a/k/a La Bella Salon (678) Irma Garcia a/k/a La Antioqueñita (678)

10 (m) (n) (o) (p) (q) (r) Veronica (last name unknown) a/k/a Latin Cell (770) Leonel Ortiz a/k/a Motor Mexico (404) Mehrdad Saeedi a/k/a Money Market (770) Martin Garcia Avila a/k/a Panaderia El Triunfo (404) Federico Perez Sanchez a/k/a Restaurante Texcoco (770) Benjamin Reyes a/k/a Signs Ben Rey (404) Lienholders: (a) Suntrust Bank 211 Perimeter Center Ste. 100 Atlanta, GA (b) Florida Business Development Corporation d/b/a Georgia Small Business Capital 6801 Lake Worth Road Rm 209 Lake Worth, GL

11 (c) U.S. Small Business Administration 6801 Lake Worth Road Rm 209 Lake Worth, GL NOW, THEREFORE, it is found by the Mayor and Council of the City of Norcross, Georgia that the circumstances are such that it is necessary that the property described in Exhibits A-1 and A-2 to this order be acquired by condemnation under the provisions of O.C.G.A seq.; and IT IS ORDERED that the City of Norcross, Georgia proceed to acquire the title, estate or interest in the lands hereinafter described in Exhibits A-1 and A-2 to this order by condemnation under the provisions of said Code, and the City Attorney is authorized and directed to file condemnation proceedings, including a Petition for Condemnation before Special Master, to acquire said title, estate or interest in said lands, to deposit in the Court the sum estimated as just compensation all in accordance with the provisions of said law. ORDERED by the Mayor and Council of the City of Norcross, Georgia, this 20th day of April, BUCKY JOHNSON, Mayor The City of Norcross, Georgia MONIQUE LANG City Clerk The City of Norcross, Georgia - 4 -

12 EXHIBIT A-1 PROPERTY DESCRIPTION ALL of tracts 1 and 2 lying and being in Land Lot 223 of the 6 th District of Gwinnett County Georgia, owned by Vosamis Properties, LLC and being recorded in the public records of Gwinnett County on page 380, record book 53036, consisting of approximately acres, more or less, to be acquired by the Condemnor in fee simple and being more particularly described as follows: TRACT 1: All that tract or parcel of land, together with the improvements located thereon, lying and being in Land Lot 243 of the 6 th District of Gwinnett County, Georgia, the same being more particularly described as follows: Beginning at a point located on the westerly right-of-way of Britt Avenue (80 foot right-of-way) said point being feet from the pavement centerline and at the northerly end of the miter line at the intersection of the westerly right-of-way of Britt Avenue and the northwesterly right-of-way of Buford Highway; running thence South 14 degrees 36 minutes 20 seconds West a distance of feet along said miter line to a point located on the northwesterly right-of-way of Buford Highway, which point is 50 feet from the centerline right-of-way of Buford Highway South 47 degrees 47 minutes 7 seconds West a distance of feet to a point, running thence North 33 degrees 6 minutes 29 seconds West a distance of to a point located on the southerly right-of-way of Bostic Street (60 foot right-ofway); running thence along said right-of-way North 58 degrees 40 minutes 51 seconds East a distance of feet to a point located on the westerly right-ofway of Britt Avenue; running thence along said right-of-way South 39 degrees 21 minutes 2 seconds East a distance of feet to the POINT OF BEGINNING. TRACT 2: All that tract or parcel of land lying and being in Land Lot 243 of the 6 th District, Gwinnett County, Georgia being located in the City of Norcross, and being more particularly described in the survey by McNally, Patrick & Cole, Inc., dated May 29, 1979, recorded in Plat Book 10, Page 203, in the office of the Clerk of the Superior Court of Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at a point on the right-of-way on the northwest side of U.S. Highway #23, 309 feet southwest from the right-of-way of Britt Avenue; thence running South 52 degrees 37 minutes 25 seconds West a distance of feet to

13 an iron pin; thence running North 23 degrees 38 minutes 27 seconds West a distance of feet to an iron pin on the southeast right-of-way of Bostic Street; thence running North 64 degrees 36 minutes 49 seconds East along the right-of-way of Bostic Street a distance of feet to an iron pin at the property of Magbee; thence running South 27 degrees 39 minutes 11 seconds East a distance of feet to an iron pin on the northwest right-of-way line of U.S. Highway #23, the same being the point of beginning. LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Right of Way Deed from Auzie H. Barrett to Department of Transportation, dated January 27, 1989, filed for record January 31, 1989 at 4:43 p.m., recorded in Deed Book 5314, Page 92, Records of Gwinnett County, Georgia. (hereafter the real property and easement(s) condemned are collectively referred to as the "Property"), together with all appurtenant easements, rights, fixtures, structures and improvements located on or attached to said Property - 2 -

14 EXHIBIT A-2 SURVERY PLAT - 3 -

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16 EXHIBIT B CORRESPONDENCE B-1 February 23, 2015 Letter from J. Patrick O Brien Firm to Mills & Hoopes, LLC offering to purchase property for appraised value; B-2 March 5, 2015 letter from Mills & Hoopes, LLC to J. Patrick O Brien refusing offer to purchase for appraised value; and B-3 April 2, 2015 Letter from John E. Underwood to Mills & Hoopes, LLC giving notice of April 20, 2015 meeting to consider resolution to acquire property through condemnation. RES - Condemnation -1-

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21 GEORGIA, GWINNETT COUNTY I, MONIQUE LANG do hereby certify that I am City Clerk for the City of Norcross, Georgia. I further certify that the foregoing pages constitute a true and correct exact copy of an Order of the Mayor and Council of the City of Norcross, Georgia entered on the 20 th day of April, 2015, as same applies to the tract or parcel of land described in said Order; and the original of said Order is on file at my office, Norcross City Hall, 65 Lawrenceville Street, Norcross, Georgia Given under my hand and the Seal of the City of Norcross, Georgia, this day of, MONIQUE LANG City Clerk The City of Norcross, Georgia RES - Condemnation -1-