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June 11, 1979 Council Meeting Special Called meeting of Mayor and Council was held in the Court Room of the ion on June 11, 1979. Presiding officer Mayor Frank Johnson called the t1ng to order at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson. Parks and Recrea- tion Director Asa Howard, Public Works Director J. E. David, Civil Defense Director Jim Farley, Dorris Morris representing Librarian Kathy Jones and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. Public Hearing - Annexation Request - Mayor Johnson stated that all those present who wished to speak concerning this annexation request would have an opportunity to do so later. and asked each person wishing to speak, please state their home address, the address of the business and their name. The request for annexation by Post Village Northwest, Ltd., by Northwest Associates, Ltd., was read as follows: Extension 1979 - It is the intention that the provision of this ordinance Ordinances, City of Smyrna, Georgia. made a part of these minutes.) of the governing body, and it is hereby ordained shall become and be made a part of the Code of (Complete legal description is attached and Mayor Johnson introduced members of the Council, city employees and department heads present. Dann for Urban Medical Hospital and propert owners: My home addre Path. Marietta, Georgia. Urban Medical Hospital has asked me to state its place, and the owners of Urban Medical Hospital have asked me to state its place that it objects to this petition for annexation of the real property of Urban Medical Hospital. It further requests that it be placed in the minutes that Urban Medical Hospital, nor the property owners who own the property on which Hospi s located have not filed any peti.tion for annexat:ion into ate city s of the City of Smyrna. Thank you. Compan 2155 Cobb Parkway: I reside at 3235 Verdon, Atlanta, John Smith Company is made a part co this petition without our know- the petition and we prefer to not go into the City of Smyrna I live at 401 Oakmont Circle, I kind of feel like a share cropper coming up here with my You fellows have stated and kind of judged and sentenced the whole bunch of us here. I never made application to come into the City of Smyrna and I object to being brought into the City. I do own the property there and the dealership. That's all I've got to say. Thank you. I represent the Rich{.;ray interest on U. S. 41. To my knowledge any application for annexation into the City of Smyrna and I to state that we object to that at this time. As a matter or fact, we never been contacted by anyone on this matter. Thank you. Mark n. Mark leton Buick: I am a resident of Cobb County. Like the gent eman preceding me, I never approached by the City of Smyrna - I have never met the Mayor to my knowledge. I did not sign a petition and the company that I represent and the 100-odd employees I represent do not wish to be in the City of Smyrna. W. R. Br and I wo tha.t the I am the owner of Land Lot 780 adjacent to Mark Singleton Buick ike to just say .I have never signed any petition and we would prefer property just remain as is. Jack Y. Anderson: My mailing address is Box 327, Decatur. Georgia 30031. I am president of DeKalb Realty Company which has represented Vorelco. Inc. for the past 6 or 7 years. Vorelco is a real estate holding company for Volkswagen. They asked that I represent them and state that they had not been asked to join the City or Smyrna. They object to the application here tonight. Thank you. Charles Sanduski: maj 0 t The Chri Cali Neit or representative I reside at 3922 Eatonton Court, Atlanta. I am president and holder of Chris Imports of Marietta, Inc. d/b/a Chris Imports. are my co-stockholders, Neil Christman and Thea Christman. Neil y. Georgia and Thea Christman resides in Chatsworth. tmans nor myself have been approached by any member of Smyrna concerning annexation. We prefer that we not be annexed. (Continuation of June 11, 1979 Meeting) I am one-fifth owner of eleven plus-or-minus acres of behind Richway, just off Windy Hill Road. I contacted the other owners of this. property and none of them were contacted apparently. None are in favor of coming into the City of Smyrna. I have a letter from one of the partners. who is retired. He says: "Dear Earl, Although I am not up to date on the I can really see no advantage in being in Smyrna. With sewers avail- able, gas presently in place in the area and the only item I am not clear on is garbage collection, and I know that something is available. So from my viewpoint I oppose it, as our land is vacant, and there are no apparent ad- vantages." Gentlemen. this letter is from Francis Key who is an appraiser and was pretty familiar with the property when he purchased it. I got his opinion, although I think the property was purchased in my name. We have arrangements with the county for utilities - all that's been set up. I have no idea what impact it will have it certainly won't help us with the county. We were never petitioned. We think it will decrease, at least temporarily, the value of the property. It will in- crease the taxes, fire rates and there are a number of other disadvantages. I think the property also has an Atlanta address that remains in the county which is valuable to some people - it is not to me because I have lived in C9bb County twenty-something years. I live in Cobb County at 3163 Laramie Drive. It is an Atlanta address, which I have never really cared for personally. It is close to the river in the Cumberland area. But I have some business associates that have refused to go into business with US and move out of the Atlanta address area. So gentlemen, we would far prefer to remain in the county and I'm wondering under what authority Mr. Williams and his associates have petitioned for us to change our status. Thank you. Dr. Bill Wallace who was called away on a medical emergency has to state in his place that - by the way, Dr. Wallace is a resident of Hill Road and also a registered voter at that address and resides at that address and that is property that has been petitioned for annexation - has asked to state in his place that he objects to his property being annexed into the corporate city limits of Smyrna. He further asked me to state in his place that he has not petitioned for annexation of this property. Thank you. Mayor Johnson: Did you state, Mr. Bailey, that Mr. Wallace was a registered voter at that address? Mr. Bailey: Yes, I did. Is he a registered voter now? Mr. Bailey: It's my understanding. I talked t.o Mr. Wallace. today at approximately 1:00 and he was in here before. I asked him if he was a registered voter and he told me he was. You don't have any proof, positive, at this point and time that he is? Mr. Bailey: He should be coming back here. vot:er registration card... I myself do not know if he has his But you yourself do not know if he is registered, except for what he Mr. Bailey: I know he wouldn't lie to me. Mr. Camp: But. except for heresay, you don't: know. From what he told me, he is a registered voter. That is what he told you, though. Right? Mr. Bailey: He would not lie to me. hi.m not being a registered voter? I know he is being honorable. Do you show Mr. Camp: We don't show him one way or the other. We have no record of Mr. Wallace. a with the made a motion that t.he Ward 1 in the City of annexation laws of the aforementioned property be annexed, to become having to the best of our ability complied of Georgia. Jerry Mills seconded the motion. (Continuation of June 11, 1979 Meeting) ry Mills made the following statement: The oath of office that I took each three times I have been sworn in as a city councilman ends with the phrase, "In all my actions as councilman act as I believe is in t:he best interest of said city." In accordance with this oath I must state that I am voting for this annex- ation request. After many long. hard hours of thinking about the right and the wrong of this annexation. and what is in the best interest of t:he City of Smyrna, I believe this annexation request is definitely in the best int:erest of the citizens of Smyrna. TIlere have been statements that it is not right that we annex people against their will. I understand this position. but I have come to the conclusion that it is more right for people who are part of a community and advert:ise that they are part of a community. to help bear their fair share of the burden of supporting that community. I state again. that this is in the best long-term interest of all citizens of Smyrna. both present and future, to include those who are being annexed by this ordinance. Vote on the motion carried by a 7-0 vote. Mayor Johnson stated that by virtue of this vote we will consider that this piece of property, for the present time. has been annexed into our city under the 60-40 rule of annexation. Jerry Mills made a motion that a temporary permit for garbage, trash and rubbish collection be granted for 60 days to all companies who are presently collecting in the newly annexed area. This permit will effecti.vely grant a variance of 60 days to Section 22-23 through 38 of the Code of Ordinances of the City of Smyrna. These sections deal with the requirement that a written permit be received by any private collector prior to collecting garbage. trash or rubbish within the city limits of Smyrna. Jack Shinall seconded the motion which carried 7-0. With no further business. meeting adjourned at 8:45 p.m. . WARD 1 APPLICATION FOR ANNEXATION We the the el consti area by corporat apply to he s 6 09, 1012) follows, to who constitute sixty percent (60%) of the area described below and who %) of the owners of the land escribed below, which is unin- to the City of Smyrna, hereby annexed into the City of Smyrna the Code of Georgia Annotated 9-912 (Georgia Laws, Acts 1966, , 413; 1971, 399; 1976, Pages erty to be annexed being described as PARCEL 1 PARCEL OF LAND lying and being in Land , 708, 734, 735, 736, 737, 779, 780, 805 h District, Second Section of Cobb County, more particularly described as follows: ALL THAT T_ Lots 704, 06 of ia a pin set at the intersection of the way J_ine of RosweJ,.l Smyrna Road ight-of-way) with the land lot line Land Lots 708 and 733, aforesaid district and thence south 00 degrees 53' 08" east along said land said Land Lots 708 and 733, a distance of ro in found at the land lot corner 7 708, 733 and 734, aforesaid dis- ence north 89 degrees 26' 22" east along the to said Land Lots 7 and 734, a dis- to an iron pin fo at the land lot d Lots 733, 734, 779 and 780, aforesaid thence south 00 degrees 56' 52" east along the .to said Land Lots 734 and 779, a dis- to an iron pin found, thence north 50 degrees ce of 1445.0 feet to an iron pin set on t-of-way line of U.S. Highway 41 ht-of-way); thence south 39 degrees 03' 22" terly right-of-way line of U.S. of 1690.00 feet to an iron pin found, degrees 19' 26" west a distance of 764.80 feet to e land lot line common to Land Lots 806 strict and county; thence south 89 degrees 32' lot line cow~on to said Land Lots tinuing along the land lot line common to 779, aforesaid district and county, a 01 et to an iron pin set at the land lot La 734, 735, 778 and 779, aforesaid south 00 degrees 14' 47" east along the o said Land Lots 735 and 778, a dis- to an iron pin found at the land lot Lots 735, 736, 777 and 778, aforesaid hence south 00 degrees 17' 10" east along the said Land Lots 736 and 777, a dis- an iron pin found at the land lot ts 736, 737, 776 and 777, aforesaid thence south 00 degrees 30' 32" east along the to said Land Lots 737 and 776, a dis- 3.70 feet to a point; thence north 67 degrees 05' 55" e of 112.70 feet to an iron pin found, thence s 26' 39" west a distance of 270.30 feet to an iron north 83 degrees 26' 20" west a distance of 825.50 iron pin found; thence south 82 degrees 59' 33" west a Page 2 distance of 389.18 feet to an iron pin found; thence north r 55' 31" west a distance of 277.34 feet to an iron pin outh 88 degrees 17' 01" west a distance of 172.40 feet n set; thence south 47 degrees 39' 13" west a distance feet ron pin found; thence south 38 degrees 45' 39" west a dist of 149.29 feet to an iron pin set; south ees14' 55" west a distance of 95.89 feet to a e y right-of-way line of Pasadena Boule- g oot right-of-way); thence northeasterly, west along said easterly, south- aste ight-of-way line of Pasadena ing courses and distances: north 06 degrees tance of 139.10 feet to an iron pin set; g the arc of a 1870.44-foot radius curve 389 feet to an iron pin set (said arc a c d which lies to the southeast of has a bearing of north 12 degrees 00' 43" east, a 3 feet); north 17 degrees 59' 44" east a dis- to an iron pin set; northeasterly along 6- radius curve an arc distance of ro set (said arc being subtended by to t e southeast of said arc and which rth 21 degrees 06' 18" east, a distance of 24 degrees 13' 52" east a distance of 80.64 set; northeasterly along the arc of curve an arc distance of 186.67 feet to id arc being subtended by a chord which t of said arc and which has a bearing of 0' 02" east, a distance of 186.44 feet); north east a distance of 1130.73 feet to an iron pin along the arc of a 1177.00-foot radius nce of .26 feet to an iron pin set bten y a chord which lies to the arc and which has a bearing of north 20 degrees nce of 554.02 feet); north 06 degrees 52' 42" 544.80 feet to an iron pin set; north- arc of a 990.876-foot radius curve an arc et to an iron pin set (said arc being hich lies to the west of said arc and of north 09 degrees 15' 17" west, a distance of 25 degrees 23' 15" west a distance of 799.84 set; northwesterly along the arc of a s curve an arc distance of 534.53 feet to id arc being subtended by a chord which st of said arc and which has a bearing of es 38' 30" west, a distance of 533.10 feet); north 44" west a distance of 528.0 feet to an iron pin set intersection of aid northeasterly right-of-way line Pas rd with said southeasterly right- line rna Road; thence north 49 degrees 54' 49" ong rly right-of-way line of Roswell istance of 177.53 feet to a point; thence e arc of a 5364.647-foot radius curve terly right-of-way line of Roswell ance of 690.98 feet {said arc being hich lies to the southeast of said arc g of north 53 degrees 36' 13" east, a dis- to an iron pin set being the TRUE contains 213.18 acres and is "A" and Parcel DC" on Sheets 1, 2, and 3 of t certain Plat of Survey prepared for st, prepared by Planners and Engineers bert L. White, Georgia Registered Land Page 3 Surveyor No. 2080, dated December 11, 1978, which Plat is incorpo d herein by this reference and made a part of this d tion. PARCEL 2 T 5, District more parti OR PARCEL OF LAND lying and being in Land 707, 708, 734, 735, and 736 of the 17th Section of Cobb County, Georgia and being y described as follows: an iron n set at the intersection of the ght way line of Roswell Smyrna Road ight-of-way) with the southwesterly of Pasadena Boulevard (having a 60-foot run thence southeasterlY, southerly and along said southwesterly, westerly and north- -way line of said Pasadena Boulevard the and distances: South 39 degrees 53' 44" east a o feet to an iron pin set~ southeasterly 2051.008-foot radius curve an arc dis- an iron pin set (said arc being ich lies to the southwest of said arc 1ng of south 32 degrees 38' 30" east, a dis- south 25 degrees 23' 15" east a distance of iron pin set; southeasterly along the arc radius curve an arc distance of 524.22 n set (said arc being subtended by a chord st of said arc and which has a bearing 5' 17" east, a distance of 517.32 feet); south st a distance of 544.80 feet to an iron pin ong the arc of a 1117.00-foot radius of 530.75 feet to an iron pin set nded by a chord which lies to the and which has a bearing of south 20 degrees nce 525.77 feet); south 34 degrees 06' 11" 6. eet to an iron pin set; thence said northwesterly right-of-way line of Pasadena ard north 53 degrees 51' 48" west a distance of 158.83 feet iron pin set; thence south 86 degrees 49' 12" west a distance .0 feet to an iron pin found; thence north 26 degrees 29' 18" n 249.0 feet to an iron pin set; thence g 41" west a distance of 50.0 feet to an iron thence north 42 degrees 44' 19" west a distance of 120.00 to an iron pin set; thence north 48 degrees 29' 19" west a nce of 62.0 to an iron pin set; thence north 41 degrees 9" west a di 120.00 feet to a point; thence north grees 19" west a distance of 146.00 feet to a point on the lot li common to Land Lots 705 and 706, aforesaid rict co ce north 88 degrees 57' 35" east along land lot 1 n to said Land Lots 705 and 706 a ance of 397 to an iron pin found; thence north egrees 23' west a distance of 1300.65 feet to an iron pin the 1 ine common to Land Lots 706 and 707, d dis county; thence north 01 degrees 08' 43" west e of et to an iron pin found; thence south s 12' 37" west a distance of 662.08 feet to an iron pin set on the land lot line common to Land Lots 662 and 707, aid district and county (said iron pin set being d north 00 degrees 48' 24" west a distance of 25.87 feet from concrete monument); thence north 00 degrees 48' 24" west said land lot line common to said Land Lots 662 and distance of 615.16 feet to an iron pin set at the Page 4 intersection of said land lot line common to said Land Lots 662 and with said theasterly right-of-way line of Road iron pin set being located south 24" east a distance of 51.70 feet from a U.S. con- located at the land lot corner common to Land 707 and 708, aforesaid district and county, ete mon t also being shown on a survey for glas iddleton, dated February 15, , thence north 49 degrees 52' 59" east along said south- easterly right-of-way line of Roswell Smyrna Road a distance .02 feet to a nt, thence north 49 degrees 54' 49" east uin sai theasterly right-of-way line of 11 d a stance of 334.17 feet to an iron pin set being TRUE POINT OF BEGINNING. The above p rty contains 69.32 acres and is shown as P on 1 and 2 of Three Sheets of that certain Plat of Survey prepared for Post Villages Northwest, prepared by P s and Engineers Collaborative, Robert L. White, Georgia istered Land Surveyor No. 2080, dated December II, 1978, which Plat is incorporated herein by this reference and made a part of this description. PARCEL 3 ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 665 and 704 of the 17th District, Second Section of Cobb Coutny, Georgia and being more particularly described as follows: ete monument located at the intersection ight-of-way line of Spring Road (having a way) with the easterly right-of-way line (having a 60-foot right-of-way), run ees 13' 15" west along said easterly right-of- t Drive a distance of 35.77 feet to a ence north 00 degrees 59' 41" west continuing ight-of-way line of Roosevelt Drive a feet to an iron pin set at the inter- erly right-of-way line of Roosevelt e ht-of-way line of Teasley Drive i -of-way); thence southeasterly and said southerly and southeasterly right- 1 Drive the following courses and South B grees 12' 3B" east a distance of 367.27 feet point; northeas long the arc of a 602.9B-foot curve an arc e of 286.23 feet to a point (said ing ed chord which lies to the north of arc a h h bearing of north 79 degrees II' 25" east, tance of 283.55 t); north 65 degrees 35' 2B" east a dis- of 458.99 feet to a point; northeasterly along the arc 983.95-foot radius curve an arc distance of 210.76 feet subtended bv a chord which lies to the d arc and which has a bearing of north 71 degrees st, a distance of 210.36 feet) to an iron pin set ection of said southeasterly right-of-way line ive wi westerly right-of-way line of Boulevard (h a 60-foot right-of-way); thence degrees 02' 59" west along said westerly right-of-way line Boulevard a distance of 134.20 feet to a point; south 63 degrees 06' 59" west a distance of 151.80 feet to ron pin set; thence south 61 degrees 32 f' 55" west a distance of 40 feet to an iron pin found; thence south 64 degrees 50' 24" BEGINNING at of rthe righ elt north way line of concrete mon along said easterl distance of 209.37 section of said Drive he (h fo no to a said Page 5 west a distance of 289.61 feet to an iron pin found on said northerly right-of-way line of Spring Road; thence north 89 degrees 41' 32" along said northerly right-of-way line of Spring distance of 417.50 feet to a concrete monu- ment; northweste along the arc of a 2606.70-foot radius ve and along northerly right-of-way line of Spr ad an arc distance of 27.34 feet (said arc being by a chord which lies to the south of said arc and s a bearing of north 88 degrees 50' 55" west, a distance of et) to a concrete monument being the TRUE POINT OF BEGINNING. The above described property contains 5.68 acres and is shown as Parcel "D" on Sheet 3 of Three Sheets of that Plat of Survey prepared for Post Villages Northwest, by Planners and Engineers Collaborative, Robert L. eorgi stered Land Surveyer No. 2080, dated 11, 1 which Plat is incorporated herein by this reference and ma a part of this description. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 665 and 704 of the 17th District, Second Section of Cobb County, Georgia and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING commence at an iron pin set at the land lot c ner common to Land Lots 632, 633, 664 and 665, aforesaid t and county; run thence south 01 degrees 46' 39" east along land lot line common to said Land Lots 32 and 665 a distance of 39.48 feet to a point on the sout terly f-way line of Hester Park Drive (having a t ri y); thence southeasterly along the arc of 8 us curve and along said southwesterly and ly -of-way line of Hester Park Drive an arc dis ce of 327.6 feet (said arc being subtended by a chord which lies to the northeast of said arc and which has a bearing of south 60 degrees 01' 53" east, a distance of 312.23 feet) to a poi the intersection of said southerly right-of-way Hester Park Drive with the north- westerly righ line of Teasley Drive (having a 60-foot right-of-way); thence south 88 degrees 39' 34" east and crossing said T ley Drive a distance of 61.14 feet to a point at the in section of said southerly right-of-way line of Hester Park Drive with the easterly right-of-way line of said Teasley Drive; thence south 12 degrees 26' 18" west along said easterly southeasterly right-of-way line of sley Driv dis e of 370.00 feet to an iron pin found the TR POI OF BEGINNING: FROM THE TRUE POINT OF ING as thus e ablished, run thence south 77 degrees 23' 48" a distance of 160.06 feet to an iron pin set; thence 12 d 30' 00" east a distance of 200.07 feet to an iron ound; e north 32 degrees 30' 00" west a distance of 70.70 feet to an pin set; thence north 12 degrees 05' 30" east a distance 0 t to an iron pin set on the south- ly right-of line of said Hester Park Drive; thence rly alo arc of a 490.87-foot radius curve said so ly right-of-way line of Hester Park Dr~ve an arc distance of 268.49 feet (said arc being subtended by a chord which lies to the southwest of said arc and which has a bearing of south 49 degrees 41' 08" east, a dis- tance of 265.16 feet) to an iron pin set at the intersection Page 6 of said southwesterly right-of-way line of Hester Park Drive with the northw rly right-o ay line of Turpin Road; thence south 56 ees 57' est along said northwesterly right-of-way line of Turpin Road a distance of 80.50 feet to an ir pin set thwesterly, southerly, south- easte , and along the arc of a 50.0-foot radius curve and along d northwesterly, westerly and so right-of-way line of the cul-de-sac of Turpin Road an stance of 157 08 feet to an iron pin set (said arc bei t a chord which lies to the northeast of said arc has a bearing of south 33 degrees 02' 28" east, a distance of 100.0 feet); thence north 56 degrees 57' 32" east along said southeasterly right-of-way line of Turpin Road a distance of 151.87 feet to a point at the intersection of said southeasterly right-of-way line of Turpin Road with the centerline 0 reek; thence southerly and southeasterly along said c line of said creek and following the mean- s thereof a distance of 329.0 feet, more or less, to a (said centerline of said creek being traversed by a bearing 2 degrees 37' 24" east, u-distance of 316.67 feet); th 61 degrees 00' 00" east a distance of 19.05 feet to a nce north 18 degrees 58' 00" east a distance of 114.10 feet nt; thence south 74 degrees 20' 00" east a dis- tance 211.48 to a point;:thence south 25 degrees 42' 00" east a distance of 110.0 feet to an iron pin found on the north- erly right-of-way line of Teasley Drive; thence southwest- erly, westerl rthwesterly and northeasterly along said north y, st and northeasterly right-Of-way line of sa Teas i fOllowing courses and distances: south 65 35' 2B" west a distance of 306.2B feet to a point; southwester ng the arc of a 542.9B-foot radius curve an arc distance 57.75 feet to a point (said arc being subtended by a chord which lies to the northwest of said arc and has a bearing of south 79 degrees 11' 25" west, a dis- tan 255.33 feet); north 87 degrees 12' 38" west a distance of 3B4.25 feet t n pin set; northwesterly along the arc of a 171.62~fo us curve an arc distance of 298.48 feet to an iron pin set (said arc being subtended by a chord which lies to the northeast of said arc and which has a bearing of north 7 degrees 23' 10" west, a distance of 262.26 feet); north 12 grees 26' 18" east a distance of 70.76 feet to an iron pin found g the TRUE POINT OF BEGINNING. The above de property contains 7.22 acres, more or less d is as Parcel "En on Sheet 3 of Three Sheets of certa t of Survey prepared for Post Villages st, prepared by Planners and Engineers COllaborative, L. White, Georgia Registered Land Surveyor No. 20BO, December 11, 1978, which Plat is incorporated herein is reference and made a part of this description. OR PARCEL OF LAND lying and being in Land Lot 17th District, Second Section of Cobb County, d being more particularly described as follows: at an. iron pin found at the intersection of the ght-of-way line of Spring Road (having a t-of-way) with the land lot line common to Land 665, aforesaid district and county; run thence ees 46' 39" west along said land lot line common to Lots 632 and 665, a distance of 1132.21 feet to a Page 7 point located at the intersection of said land lot line c n said Land Lots 632 and 665 with the southwesterly ri line of Hester Park Drive (Having a 50 foot right- (said t being located south 01 degrees 46' 39" east a tance of 3 8 feet from the land lot corner common Land Lots 632, 633, 664 and 665, aforesaid dis- t nd c thence southeasterly along the arc of a 3 foot curve and along said southwesterly and s ly right-of-way line of said Hester Park Drive an arc d of 327.68 feet (said arc being subtended by a chord which lies to the nort st of said arc and which has a ng of south 6 01' 53" east, a distance of 312.23 to a point loc the intersection of said south- ight-of li Hester Park Drive with the north- y righ y line of Teasley Drive (having a rig thence south 12 degrees 26' 18" west along rt t-of-way line of Teasley Drive a e feet to a iron pin set; thence southeast- alon arc of a 231.62-foot radius curve and along nort rly, westerly and southwesterly right-of-way line of Tea Drive an arc distance of 359.26 feet (said arc being s by a chord which lies to the northeast of said arc and which has a bearing of south 31 degrees 59' 46" east, a distance of 324.31 feet) to an iron pin set at the intersection of said southwesterly right-of-way line of Teasley Drive with the westerly right-of-way line of Roose- velt Drive (having a 60-foot right-of-way); thence south 00 degrees 59' 41" east along said westerly right-of-way line of said Roosevelt Drive a distance of 218.18 feet to a concrete monument; thence south 39 degrees 47' 12" west continuing along said westerly right-of-way line of Roosevelt Drive a dis- tance of 40.09 feet to an iron pin set at the intersection of said westerly right-Of-way line of Roosevelt Drive with the northerl t-of-way line of said Spring Road; thence southwest g the arc of a 2606.703-foot radius curve and along sa erly right-of-way line of Spring Road an arc dista .93 feet (said arc being subtended by a chord wh lies to the south of said arc and which has a 'ng of south 83 degrees 36' 57" west, a distance of 294.77 to an iron pin found being the TRUE POINT OF BEGIN The above de ed property contains 5.43 acres and is shown as parc " on Sheet 3 of Three Sheets of that certa Plat of Survey prepared for Post Villages Northwest, prepa by Planners and Engineers Collaborative, Robert L. White, Georgia Regi ed Land Surveyor No. 2080, dated De r 11, 1978, Plat is incorporated herein by this re rence and made a part of this description. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 665 of the 17th District, Second Section of Cobb County, Georgia and being more particularly described as follows: 40' Lot in and IND THE TRUE POINT OF BEGINNING commence at an iron pin the land lot er co~mon to Land Lots 632, 633, 664 5, aforesaid ict and county; run thence north 89 degrees 31" east along the land lot line common to said Land 64 and 665 a tance of 48.04 feet to a point at the ection of sai and lot line common to Land Lots 664 665 with the nort asterly right-of-way line of Hester Page 8 Park Drive (having a 50-foot right-of-way), said point being the TRUE POINT OF BEGINNING; From the True Point of Begin- ning as thus established, run thence north 89 degrees 40' 31" east along said land lot line common to said Land Lots 664 and 665 a dis e of 180.25 feet to an iron pin found; thence south 23 grees 11' 33" west a distance of 129.90 feet to an iron pin found on said northeasterly right-of-way line of said Bes Park Drive; thence northwesterly along the arc of a 245. -foot r curve and along said northeasterly right- o line ster Park Drive an arc distance of 179.08 feet (said arc being subtended by a chord which lies to the northeast of said arc and which has bearing of north 47 degrees 28' 42" west, a distance of 175.15 feet) to a point being the TRUE POINT OF BEGINNING. The above described property contains 0.29 acre and is shown as Parcel "G" on Sheet 3 of Three Sheets of that certain Plat of Survey prepared for Post Villages Northwest, pre- par by Planne nd Engineers Collaborative, Robert L. Whi Georgia istered Land Surveyor No. 2080, dated December 11, 1978, which Plat is incorporated herein by this reference and made a part of this description. PARCEL 7 ALL T TRACT OR PARCEL OF LAND lying and being in Land Lot 704 the 17th District, Second Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at an ron pin set located at the intersection of the westerly of-way line of Pasadena Boulevard (having a 60-foot right-of-way) with the northerly right-of-way line of Teasley Drive (having a 60-foot right-of-way); run thence southwesterly along the arc of a 1043.95-foot radius curve and along said northerly right-of-way line of Teasley Drive an arc distance of 110.00 feet to an iron pin set (said arc being subtende a chord which lies to the south of said arc and which s a bearing of south 75 degrees 55' 26" west, a distance of 109.95 feet ); thence north 07 degrees 34' 26" west a di e of 120.00 feet to an iron pin set; thence north 78 degrees east a distance of 139.13 feet to an iron pin set on sterly right-of-way line of Pasadena Boulevard; thence southwesterly along the arc of a 1930.44-foot radius curve and along said westerly right-of-way line of Pasadena Boulevard an arc distance of 73.24 feet to a point (said arc being subtended by a chord which lies to the east of said nd which h a bearing of south 07 degrees OS' 12" west, a nce of 73. feet); thence south 06 degrees 02' 59" west and uing along said westerly right-of-way line of Pasadena ard a distance of 46.76 feet to an iron pin set being TRUE POINT OF BEGINNING. The above cribed property contains 0.33 acre and is shown as Parcel on Sheet 2 of Three Sheets of that certain Plat of Survey prepared for Post Villages Northwest, pre- Planners and Engineers Collaborative, Robert L. orgia Registered Land Surveyor No. 2080, dated er 11, 1978, which Plat is incorporated herein by this ference and made a part of this description. Page 9 OF LAND lying and being in Land 734, 735 and 736 of the 17th Dis- Cobb County, Georgia, and being sadena Boulevard (having a 60-foot right-of~way) Plat of Survey (consisting of 3 sheets) Villages Northwest, prepared by Planners la 've, Robert L. White, Georgia Regis- or 080, dated December 11, 1978, which ted herein by this reference and made a cription. PARCEL 9 ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 704 and 665 of the 17th District, Second Section of Cobb County, ing shown as Teasley Drive (having a 60- ay) on that certain Plat of Survey (consi f 3 sheets) prepared for Post villages Northwest, by Planners and Engineers Collaborative, Robert L. White, Georgia Registered Land Surveyor No. 2080, dated December 11, 1978, which Plat is incorporated herein by this reference and made a part of this description. PARCEL 10 ALL THAT TRACT 665 of the Geo an 50 rig sisting of 3 pr d by Georgia r 11, 1 ence and .OR PARCEL OF LAND lying and being in Land Lot istrict, Second Section of Cobb County, shown as Hester Park Drive (having a ay) on that certain Plat of Survey (con- s) prepared for Post Villages Northwest, s and Engineers Collaborative, Robert L. Registered Land Surveyor No. 2080, dated which Plat is incorporated herein by this e a part of this description. THAT TRACT OR PARCEL OF LAND lying and being in Land Lot of the 17th District, Second Section of Cobb County, a, and being shown as Roosevelt Drive (having a t right-of-way) on that certain Plat of Survey (con- g of 3 sheets) prepared for Post Villages Northwest, ed by Planners and Engineers Collaborative, Robert L. Wh Geo gis Land Surveyor No. 2080, dated December 11 , Plat is incorporated herein by this reference an part of this description. 12 ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 781, 780, 804, 80S, 806, 850, 851, 875, 876 and 877 of the 17th District, 2nd Section, Cobb County, Georgia, more particularly described as follows: Page 10 at the corner formed by the intersection of the right-of-way of Windy Hill Road and the north- t-of-way of U.S. 41 Highway, running thence y along the northeasterly right-of-way of U.S. distance of 3,534 feet to an iron pin (which loc 84 feet southeasterly as measured along easterl ght-of-way of U.S. Highway 41 from a mon on the northeast right-of-way of U.S. 41) ing thence easterly at an interior angle of ees nutes with the preceding course a distance 88.7 fee an iron pin; running thence northeasterly at an interi e of 133 degrees 10 minutes with the pre- ceding co distance of 100 feet to an iron pin; running thence no rly along a line which forms an interior angle of es 56 minutes with the preceding course a distance feet to an iron pin; running thence north 51 degrees utes east a distance of 1,423.1 feet to an iron pin; r ng thence south 37 degrees 24 minutes 45 seconds distance of 125.9 feet to an iron pin; thence south 4 s 38 minutes 45 seconds east a distance of 110.3 feet to an iron pin; thence south 1 degree 10 minutes west a distance of 101.7 feet to an iron pin; thence south 50 degrees 13 minutes 45 seconds east a distance of 154 feet to an iron pin; thence south 63 degrees 13 minutes 30 seconds east a distance of 89.5 feet to an iron pin; thence sou degrees 8 minutes 30 seconds east a distance 27 feet an iron pin located at the center line of Poplar Creek; thence northeasterly along the center line of Poplar Creek and fOllowing the meanderings thereof a distance of 1,096 feet to a point at the intersection of the center line of Poplar Creek and the southwest right-of-way of Interstate 75; running thence north 47 degrees 26 minutes west a dis- tance of 222.7 feet to an iron pin; thence north 46 degrees 10 minutes 15 seco west a distance of 295.6 feet to an iron pin; thence no 28 degrees 46 minutes west a distance of feet to an iron pin; continuing thence north 28 de- 6 minutes a distance of 130 feet to the inter- of the s sterly right-of-way of Interstate 75 sou right-of-way of Windy Hill Road; running thence sterly, westerly, northwesterly and westerly al theasterly, southerly, southwesterly and southe right-of-way of Windy Hill Road and following the curvature thereof a distance of 2,279.61 feet to an iron pin at theast corner of original lot 23 of the Rolling Acr ion according to plat recorded in Plat Book 4, Pag , Cobb rds; continuing thence northwesterly al he sout right-of-way of Windy Hill Road a di e of 18 feet to an iron pin; thence south 50 degrees 52 utes west a distance of 475.41 feet to an iron pin and corner; thence south 34 degrees 00 minutes 18 seconds east a distance of 184 feet to an iron pin and corner on the original southeast line of said lot 23; thence southwesterly along the original southeast line of said lot 23 a distance of 212.59 feet to an iron pipe on the north line of property formerly belong- ing to Lovelady; running thence northwesterly a distance of 996.5 feet to n pipe on the southeast line of original lot 26, 11 Subdivision; running thence northeasterly along theast line of said original lot 26 a distance of 321 to n the southerly right-of-way of Windy 1 Road in westerly and southwesterly along the southerly and sou y right-of-way of windy Hill Road and following the ure thereof, a distance of 1,117 feet to an iron on rtheast right-of-way of U.S. 41 Highway and the PO OF BEGINNING. BEGINNING southea eas sou 41 " Page 11 PARCEL 13 /19 OR PARCEL OF LAND lying and being in Land Lot District and 2nd Section of Cobb County, g more particularly described as follows: TO FIND OF BEGINNING coromence at the original inter see he southern side of Spring Street with the western s Elmwood Drive which point is the northeast corner of and the northwest corner of Lot 23 of the East Sm ivision, as shown by plat by Gordon Naley Enginee une 15, 1940 which is recorded in Plat Book 4, Page C Records: running thence in a south- erl lon western side or the Elmwood Drive, as n survey for Petty Bregman by R. Dan Lord, Sur- vey ed May 27, 1965, which is recorded in Plat Book 35, 25, Cobb County Records, a distance or 38.5 reet to a which is t w intersection or the southern side or g Stre he Western side of Elmwood Drive, created by a on by Cobb County of a certain por- tion of land as shown in Case #20911 of the Cobb County Superior Cour 'udgment thereof recorded in Minute Book 4F, Page 334 County Georgia Records, said point of intersec ng the POINT OF BEGINNING: thence running south 02 37 minutes 10 seconds west along the west- ern right-of-wa of Elmwood Drive a distance of 161.50 feet to an iron p running south 89 degrees 09 minutes 02 seconds w ance of 98.70 feet to an iron pin: th runni 0 degrees 50 minutes 59 seconds west a di ce of to an iron pin on the southern side of Spring St running north 87 d ees 00 minutes 38 s southern side of ing Street a f 7 0 a right-of-way monument: thence uth 48 degrees 57 minutes 25 seconds east a dis- 4.65 feet to the point of beginning, being im- property as shown on survey for the Southland Corpo- dated January 27, 1975 prepared by Thomas Leonard Grist, registered land surveyor No. 873, and reinspected on November 18, 1976. ALL THAT TRACT OR PARCEL OF LAND lying and being in 666 or the 17th District, 2nd Section, Cobb County, and being more particularly described as rollows: ~~ --- ~.~-'''' Land Lot Georgia BEGINNING at t formed by the intersection or the astern f the right-of-way of Spring Street and stern the 40-foot right-or-way or Elmwood runn e northeasterly along the southeastern s e or Spr 9.10 feet to a point: running thence easterly along southern side of Spring Street 54.12 feet to a point; r e northerly 5 feet to a point on the southern side 100-root right-of-way of Spring Street; running t sterly along the southern side of ng t 116 to an iron pin; running thence o grees 0 30 seconds west, 185.95 feet to pin; running thence south 88 degrees 06 minutes 30 west 200 feet to an iron pin on the eastern side of Drive; runn thence northerly along the eastern wood Dri 62.15 feet to the point of beginning; wn on Plat of Survey for Humble Oil & Refining by Higgi & James Associates, dated January 3, d recorded at Book 42, Page 93, Cobb County, Records. Page 12 PARCEL 15 /~ OF LAND lying and being in Land ~~ the 17th District, 2nd Section, particularly described as fol- ALL THAT TRACT OR PARCEL Lots 733, 779 and 780 Cobb County, Georgia, lows: BEGINNING at a point marked by a concrete monument on the southwestern margin on the right-of-way of U.S. 41 Highway (having a right-of-way width of 200 feet) the point of beginning is located 1,084.55 feet southeasterly, as measured along the southwestern margin right-of-way of U.S. 41 High- way from the intersection of the southwestern margin of the right-of-way of U.S. 41 with the southeastern margin of the right-of-way of Smyrna-Roswell Road, which point is marked by an iron pin found; thence south following the southwest- ern margin of the right-of-way of U.S. 41 a distance of 600 feet to an iron pin on the southwestern side of the right- of-way of U.S. 41; thence southwesterly a distance of 1,445 feet to an iron pin on the east line of Land Lot 734; thence north along the east line of Land Lot 734 a distance of 386 feet to a po thence northwesterly a distance of 278 feet to a point d by an iron pin found; thence northeasterly a distance of 1,146.05 feet to an iron pin and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of sixty percent (60%) of the electors resident in the area described above: Witness the signature of the record title holders of the fee simple title, or his or its legal representatives, of sixty percent (60%) of the land area above described by acreage: POST VILLAGES NORTHWEST, LTD., a Georgia limited partnership BY: General Partner By: L. General Partner