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Avondale Eminent Domain
Avondale Eminent Domain
_______
WHEREAS, the governing authority of the City of Avondale Estates, Georgia, a municipal
corporation of the State of Georgia, has determined that the circumstances of this matter are such
that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. § 32-3-
1, et seq. in the acquisition of certain interests in property for city street and/or other public
transportation purposes;
By_________________________ _________________________
Gina Hill, City Clerk Jonathan Elmore, Mayor
Approved as to Form:
_Stephen G. Quinn___
Stephen G. Quinn,
Assistant City Attorney
EXHIBIT "A"
AREA-A
Being all that tract or parcel of land in the City of Avondale Estates, and within Land Lot 248, 18th
District, DeKalb County, Georgia and being more particularly described as follows:
To find the Point of Beginning, commence at a Mag Nail found at the intersection of the Westerly
Right-of-Way Line of Olive Street (an approximate 40 feet wide right of way) and the Northerly
Right-of-Way Line of Franklin Street (an approximate 40 feet wide right of way); thence, leaving
said point and running with the said line of Olive Street, North 07° 03' 48" West, 166.67 feet;
thence, North 06° 53' 48" West, 32.29 feet to the True Point of Beginning of the herein described
tract or parcel of land; thence, leaving the said Point of Beginning and said line of Olive Street and
running,
Property is subject to a current survey of the property and all easements and rights of way
recorded and unrecorded.
AREA-B
Being all that tract or parcel of land in the City of Avondale Estates, and within Land Lot 248, 18th
District, DeKalb County, Georgia and being more particularly described as follows:
To find the Point of Beginning, commence at a Mag Nail found at the intersection of the Westerly
Right-of-Way Line of Olive Street (an approximate 40 feet wide right of way) and the Northerly
Right-of-Way Line of Franklin Street (an approximate 40 feet wide right of way); thence, leaving
said Point of Beginning and running with the said line of Franklin Street, South 70° 33' 07" West,
75.82 feet to a ½ inch pipe found; thence, South 72° 13' 57" West, 103.89 feet to an iron pin found;
thence, South 70° 54' 55" West, 42.10 feet to the True Point of Beginning of the herein described
tract or parcel of land; thence, leaving the said Point of Beginning and continuing with the said line
of Franklin Street,
1. South 70° 54' 55" West, 62.39 feet to a 1 inch rod found; thence, running across
Franklin Street as utilized by the public,
2. South 73° 57' 27" West, 23.79 feet to an iron pin found on the West Right of Way
Line of said Franklin Street; thence, running with the said line of Franklin Street
3. North 15° 18' 54" West, 124.67 feet to an iron pin found on the North Right of Way
Line of said Franklin Street as utilized by the public; thence, running adjacent to the
property now or formerly owned by 135 Maple, LLC, as described in a deed
recorded among the Land Records of DeKalb County, Georgia in Deed Book
25690, Page 90,
4. North 72° 56' 47" East, 74.94 feet; thence,
5. North 15° 52' 00" West, 160.95 feet; thence, running,
6. 59.65 feet along the arc of a curve deflecting to the right, having a radius of 394.13
feet and a chord bearing and distance of North 77° 57' 49" East, 59.60 feet; thence,
7. South 16° 21' 27" East, 131.06 feet; thence,
8. 74.14 feet along the arc of a curve deflecting to the right, having a radius of 168.77
feet and a chord bearing and distance of South 03° 46' 23" East, 73.54 feet; thence,
9. South 08° 48' 41" West, 84.35 feet to the Point of Beginning, containing 23,539
square feet or 0.5404 of an acre of land, more or less.
Property is subject to a current survey of the property and all easements and rights of way
recorded and unrecorded.
ORDER OF THE AVONDALE ESTATES BOARD OF MAYOR AND
COMMISSIONERS TO CONDEMN PROPERTY FOR PURPOSES OF
CONSTRUCTING AND IMPROVING A PUBLIC TRANSPORTATION PROJECT
WHEREAS, the Avondale Estates Board of Mayor and Commissioners has laid out and
determined to construct city streets or other transportation facilities for the City upon portions of
those certain parcels identified for tax purposes as parcel identification numbers 15 248 21 016,
15 248 21 014, and 15 284 21 012 by the DeKalb County Board of Tax Assessors; the same being
more fully described and shown in the description and attached as Appendix B to the Declaration
of Taking (Exhibit “A” to the Petition for Condemnation).
WHEREAS, the tracts of property and other rights as herein described and as listed below
shown of record as owned by the persons named herein, all as described and shown in Appendix
B to the Declaration of Taking (Exhibit “A” to the Petition for Condemnation) incorporated herein
by reference and made a part of this Order are essential for the construction of said project:
IT IS ORDERED that the City of Avondale Estates proceed to acquire the title, estate or
interest in the lands hereinafter described in Appendix B of the Declaration of Taking (Exhibit “A”
to the Petition for Condemnation) by condemnation under the provisions of said Code, and the
City Attorney or his designees are authorized and directed to file condemnation proceedings,
including a Declaration of Taking, to acquire said title, estate, or interest in said lands and to
deposit in the Court the sum estimated as just compensation all in accordance with the provisions
of said law.
By_________________________ _________________________
Gina Hill, City Clerk Jonathan Elmore, Mayor
Approved as to Form:
_Stephen G. Quinn___
Stephen G. Quinn,
Assistant City Attorney
EXHIBIT “A”
DECLARATION OF TAKING
WHEREAS, the City of Avondale Estates, Georgia, has made and passed a Resolution
finding that the circumstances in connection with acquiring certain interests in property and for
public right-of-way or other public transportation purposes are such that it is necessary to acquire
title, estate, or interest in the lands fully described in said order to condemn contained in the
Resolution, a certified copy/duplicate original of which is attached to this Declaration as Appendix
A to Exhibit “A,” and made a part hereof, under O.C.G.A. § 32-3-1, et seq.; and
WHEREAS, said interests in property are for public purposes upon, across, and over the
tracts of land in Avondale Estates, DeKalb County, Georgia, as fully described in the attachment
hereto identified as Appendix B to Exhibit “A,” and made a part hereof; and
WHEREAS, the City of Avondale Estates, Georgia, has caused an investigation and report
to be made by a competent land appraiser upon which to estimate the sum of money to be deposited
in the Court as just and adequate compensation for the right-of-way above-referred to, a copy of
the appraiser’s sworn statement being attached hereto identified as Appendix C to Exhibit “A,”
and made a part hereof; and
WHEREAS, in consequence of the sworn statement, Appendix C to Exhibit “A,” the City
of Avondale Estates, Georgia estimates One Million, Seven Hundred and Ninety
Thousand, Six Hundred and Forty-Four Dollars ($1,790,634) as just and adequate
compensation to be paid for said right-of-way, as fully described in Appendix B to Exhibit
“A” which is attached hereto and made a part hereof and will deposit said sum in the Court
to the use of the persons entitled thereto.
NOW THEREFORE, the premises considered, the City of Avondale Estates, Georgia,
under authority of O.C.G.A. § 32-3-1, et seq., and O.C.G.A. § 22-3-140 hereby declares that
the property and interests as described in Appendix B to Exhibit “A,” which is attached hereto
and made a part hereof of this Declaration, is taken for purposes of locating, constructing,
maintaining, repairing, replacing, extending, expanding, and/or installing infrastructure for
right-of-way and sidewalk improvements or other transportation purposes.
This 8th day of June, 2022.
By_________________________ _________________________
Gina Hill, City Clerk Jonathan Elmore, Mayor
Approved as to Form:
_Stephen G. Quinn___
Stephen G. Quinn,
Assistant City Attorney
EXHIBIT "A"
AREA-A
Being all that tract or parcel of land in the City of Avondale Estates, and within Land Lot 248, 18th
District, DeKalb County, Georgia and being more particularly described as follows:
To find the Point of Beginning, commence at a Mag Nail found at the intersection of the Westerly
Right-of-Way Line of Olive Street (an approximate 40 feet wide right of way) and the Northerly
Right-of-Way Line of Franklin Street (an approximate 40 feet wide right of way); thence, leaving
said point and running with the said line of Olive Street, North 07° 03' 48" West, 166.67 feet;
thence, North 06° 53' 48" West, 32.29 feet to the True Point of Beginning of the herein described
tract or parcel of land; thence, leaving the said Point of Beginning and said line of Olive Street and
running,
Property is subject to a current survey of the property and all easements and rights of way
recorded and unrecorded.
AREA-B
Being all that tract or parcel of land in the City of Avondale Estates, and within Land Lot 248, 18th
District, DeKalb County, Georgia and being more particularly described as follows:
To find the Point of Beginning, commence at a Mag Nail found at the intersection of the Westerly
Right-of-Way Line of Olive Street (an approximate 40 feet wide right of way) and the Northerly
Right-of-Way Line of Franklin Street (an approximate 40 feet wide right of way); thence, leaving
said Point of Beginning and running with the said line of Franklin Street, South 70° 33' 07" West,
75.82 feet to a ½ inch pipe found; thence, South 72° 13' 57" West, 103.89 feet to an iron pin found;
thence, South 70° 54' 55" West, 42.10 feet to the True Point of Beginning of the herein described
tract or parcel of land; thence, leaving the said Point of Beginning and continuing with the said line
of Franklin Street,
1. South 70° 54' 55" West, 62.39 feet to a 1 inch rod found; thence, running across
Franklin Street as utilized by the public,
2. South 73° 57' 27" West, 23.79 feet to an iron pin found on the West Right of Way
Line of said Franklin Street; thence, running with the said line of Franklin Street
3. North 15° 18' 54" West, 124.67 feet to an iron pin found on the North Right of Way
Line of said Franklin Street as utilized by the public; thence, running adjacent to the
property now or formerly owned by 135 Maple, LLC, as described in a deed
recorded among the Land Records of DeKalb County, Georgia in Deed Book
25690, Page 90,
4. North 72° 56' 47" East, 74.94 feet; thence,
5. North 15° 52' 00" West, 160.95 feet; thence, running,
6. 59.65 feet along the arc of a curve deflecting to the right, having a radius of 394.13
feet and a chord bearing and distance of North 77° 57' 49" East, 59.60 feet; thence,
7. South 16° 21' 27" East, 131.06 feet; thence,
8. 74.14 feet along the arc of a curve deflecting to the right, having a radius of 168.77
feet and a chord bearing and distance of South 03° 46' 23" East, 73.54 feet; thence,
9. South 08° 48' 41" West, 84.35 feet to the Point of Beginning, containing 23,539
square feet or 0.5404 of an acre of land, more or less.
Property is subject to a current survey of the property and all easements and rights of way
recorded and unrecorded.
APPENDIX "C" TO EXHIBIT "A"
Personally comes, MATTHEW K. GOTTSCHALK, MAI and after being duly sworn does state
as follows:
1. Affiant was employed by the City of Avondale Estates to appraise portions (totaling 0.8143
acres) of the assembled property known as 154 Olive Street, 2804 and 2816 Franklin Street,
Avondale Estates, DeKalb County, Georgia 30002, tax parcel numbers 15 248 21 016, 15 248 21
014, and 15 284 21 012 and to makes this sworn statement to be used in connection with
condemnation proceedings under the Official Code of Georgia Annotated Sections 32-3-4 through
32-3-19, for the acquisition of said property for use as a City street.
2. Affiant is familiar with real estate values in said county and in the vicinity where said
parcels ares located. Affiant has personally inspected the property or right condemned and in
appraising the relevant portions of said assembled parcels Affiant took into consideration the Fair
Market Value of said parcels, as well as any consequential damages to remaining property of the
Condemnee by reason of the taking and use of portions of said parcels and other rights for the
construction of said project, and any consequential benefits which may result to such remaining
property by reason of such taking and use (consequential benefits not, however, considered
except as offsetting consequential damages). After said investigation and research, Affiant has
thus estimated that the just and adequate compensation for said portions of said parcels, and any
consequential damages or benefits considered, is in the amount of One Million, Seven Hundred
and Ninety Thousand, Six Hundred and Thirty-Four Dollars ($1,790,634).
APPRAISER
NOTARY PUBLIC