06-11-1979 Special Called MeetingJune 11. 1979
The Special Called meeting of Mayor and Council was held in the Court Room of the
Police Station on June 11, 1979. Presiding officer Mayor Frank Johnson called the
meeting to order at 7:30 o'clock p.m. All Council members were present. Alsa
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 of the governing body, and it is hereby ordained
that the provision of this ordinance shall become and be made a part of the Code of
Ordinances, City of Smyrna, Georgia. (Complete legal description is attached and
made a part of these minutes.)
Mayor Johnson introduced members of the Council, city employees and department heads
present.
Y
"1 Danny Bailey, Attorney for Urban Medical Hospital and property owners: My home
address is 2573 Woodland 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
Urban Medical Hospital is located have not.filed any petition for -annexation into
the corporate city limits of the -City of Smyrna. Thank you.
John Smith, John Smith Company - 2155 Cobb Parkway: I reside at 3235 Verdon, Atlanta,
Georgia. The John Smith Company is made a part to this petition without our know-
ledge and we did not sign the petition and we prefer to not go into the City of Smyrna
at this time. Thank you.
Ed Voyles, Ed Voyles Oldsmobile - Cobb Parkway: I live at 401 Oakmont Circle,
Marietta, Georgia. I'm just a country boy -and I kind of feel like a share cropper
coming up here with my hat in my hand. 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.
Marshall Sauls, Richs:- I represent the Richway interest on U.S. 41. To my knowledge
we have never made any application for annexation into the City of Smyrna and I
f? would like to state that we object to that at this time. As a matter of fact, we
have never been contacted by anyone on this matter. Thank -you. .
Mark Singleton, Mark Singleton Buick: I am a resident of Cobb County. Like the
gentleman preceding me, I was 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. Bridges: I am the owner of Land Lot 780 adjacent to Mark Singleton Buick
and I would like to just!say I have never signed any petition and we would prefer
that the 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 of
s Smyrna. They object to the application here tonight. Thank you.
Charles Sanduski: I reside at 3922 Eatonton Court, Atlanta.- I am president and
majority interest holder of Chris Imports of Marietta, Inc. d/b/a'Chris Imports.
The property owners are my co -stockholders, Neil Christman and Theo Christman. Neil
Christman resides in Dunwoody, Georgia and Theo Christman resides in Chatsworth,
California. Neither the Christmans.nor myself have been approached by any member
or representative of Smyrna concerning annexation. We prefer that we not be annexed.
(Continuation of June 11, 1979 Meeting)
Earl Stevenson, Jr.: I am one -fifth owner of eleven plus -or -minus acres of
vacant property located 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 area I can really see no advantage in being in Smyrna. With sewers avail-
able, water and 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 Cobb 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 -1
Mr. Williams and his associates have petitioned for us to change our status.
Thank you.
Danny Bailey: Dr. Bill Wallace who was called away on a medical emergency has
asked me to state in his place that - by the way, Dr. Wallace is a resident of
2550 Windy 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 me 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.
Mayor Johnson: Is he a registered voter now?
Mr. Bailey: It's my understanding, I talked to 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.
Mr. Camp: You don't have any proof, positive, at this point and time that he is?
Mr. Bailey: He should be coming back here. I myself do not know if he has his
voter registration card...
Mr. Camp: But you yourself do not know if he is registered, except for what he
told you.
Mr. Bailey: I know he wouldn't lie to me.
Mr. Camp: But, except for heresay, you don't know.
Mr. Bailey: From what he told me, he is a registered voter.
Mr. Camp: That is what he told you, though. Right?
Mr. Bailey: He would not lie to me. I know he is being honorable. Do you show
him not being a registered voter?
Mr. Camp: We don't show him one way or the other.
Mayor Johnson: We have no record of Mr. Wallace.
Jim Tolleson made a motion that the aforementioned property be annexed, to become
a part of Ward 1 in the City of Smyrna, having to the best of our ability complied
with the annexation laws of the State of Georgia. Jerry Mills seconded the motion.
(Continuation of June 11, 1979 Meeting)
Jerry Mills made the following statement: The oath of office that I took each
of the 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 the 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 the City of Smyrna,
I believe this annexation request is definitely in the best interest of the
citizens of Smyrna. There 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 advertise
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.
this vote we will consider that this piece
been annexed into our city under the 60-40
Mayor Johnson stated that by virtue of
of property, for the present time, has
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 effectively 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.
AMES E. TOLLESON, WARD 1
WILLOUISE C. SPIVEY, MY CLEM/
A 2,1 � // 0 -
WILLIA9 F. DARBY, WARD 2
APPLICATION FOR ANNEXATION
We the undersigned, who constitute sixty percent (60%) of
the electors resident in the area described below and who
constitute sixty percent (60%) of the owners of the land
area by acreage of the area described below, which is unin-
corporated and contiguous to the City of Smyrna, hereby
apply to have said area annexed into the City of Smyrna
under the provisions of the Code of Georgia Annotated
Sections 69-904 through 69-912 (Georgia Laws, Acts 1966,
Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages
1011, 1012); said property to be annexed being described as
follows, to wit:
PARC'RT, 1
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land
Lots 704, 705, 707, 708, 734, 735, 736, 737, 779, 780, 805
and 806 of the 17th District, Second Section of Cobb County,
Georgia and being more particularly described as follows:
BEGINNING at an iron pin set at the intersection of the
southeasterly right-of-way line of...Roswetl Smyrna Road
(having a 40-foot right-of-way) with the land lot line
common to Land Lots 708 and 733, aforesaid district and
county; run thence south 00 degrees 53' 08" east along said land
lot line common to said Land Lots 708 and 733, a distance of
975.05 feet to an iron pin found at the land lot corner
common to Land Lots 707, 708, 733 and 734, aforesaid dis-
trict and county; thence north 89 degrees 26' 22" east along the
land lot line common to said Land Lots 733 and 734, a dis-
tance of 1365.12 feet to an iron pin found at the land lot
corner common to Land Lots 733, 734, 779 and 780, aforesaid
district and county; thence south 00 degrees 56' 52" east along the
land lot line common to said Land Lots 734 and 779, a dis-
tance of 417.80 feet to an iron pin found; thence north 50 degrees
42' 28" east a distance of 1445.0 feet to an iron pin set on
the southwesterly right-of-way line of U.S. Highway 41
(having a 200-foot right-of-way); thence south 39 degrees 03' 22"
east along said southwesterly right-of-way line of U.S.
Highway 41 a distance of 1690.00 feet to an iron pin found;
thence south 50 degrees 19' 26" west a distance of 764.80 feet to
an iron pin set on the land lot line common to Land Lots 806
i� and 807, aforesaid district and county; thence south 89 degrees-32'
28" west along said"'Tand lot line common to said Land Lots
806 and 807 and continuing along the land lot line common to
Land Lots 778 and 779, aforesaid district and county, a
distance of 1579.01 feet to an iron pin set at the land lot
corner common to Land Lots 734, 735, 778 and 779, aforesaid
district and county; thence south 00 degrees 14' 47" east along the
land lot line common to said Land Lots 735 and 778, a dis-
tance of 1300.40 feet to an iron pin found at the land lot
corner common to Land Lots 735, 736, 777 and 778, aforesaid
district and county; thence south 00 degrees 17' 10" east along the
land lot line common to said Land Lots 736 and 777, a dis-
tance of 1312.88 feet to an iron pin found at the land lot
"corner common to Land Lots 736, 737, 776 and 777, aforesaid
district and county; thence south 00 degrees 30' 32" east along the
land lot line common to said Land Lots 737 and 776, a dis-
tance of 563.70 feet to a point; thence north 67 degrees 05' 55"
west a distance of 112.70 feet to an iron pin found; thence
north 76 degrees 26' 39" west a distance of 270.30 feet to an iron
pin set; thence north 83 degrees 26' 20" west a distance of 825.50
feet to an 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
89 degrees 55' 31" west a distance of 277.34 feet to an iron pin
set; thence south 88 degrees 17' 01" west a distance of 172.40 feet
to an iron pin set; thence south 47 degrees 39' 13" west a distance
of 122.80 feet to an iron pin found; thence south 38 degrees 45'
39" west a distance of 149.29 feet to an iron pin set;
thence south 20 degrees 14' 55" west a distance of 95.89 feet to a
point on the easterly right-of-way line of Pasadena Boule-
vard (having a 60-foot right-of-way); thence northeasterly,
northerly and northwesterly along said easterly, south-
easterly and northeasterly right-of-way line of Pasadena
Boulevard the following courses and distances: north 06 degrees
02' 59" east a distance of 139.10 feet to an iron pin set;
northeasterly along the arc of a 1870.44-foot radius curve
an arc distance of 389.43 feet to an iron pin set (said arc
being subtended by a chord which lies to the southeast of
said arc and which has a bearing of north 12 degrees 00' 43" east,
a distance of 388.73 feet); north 17 degrees 59' 44" east a dis-
tance of 55.57 feet to an iron pin set; northeasterly along
the arc of a 1437.66-foot radius curve an arc distance of
156.88 feet to an iron pin set (said arc being subtended by
a chord which lies to the southeast of said arc and which
has a bearing of north 21 degrees 06' 18" east, a distance of
156.80 feet); north 24 degrees 13' 52" east a distance of 80.64
feet to an iron pin set; northeasterly along the arc of
1083.46-foot radius curve an arc distance of 186.67 feet to
an iron pin set (said arc being subtended by a chord which
lies to the southeast of said arc and which has a bearing of
north 29 degrees 10' 02" east, a distance of 186.44 feet); north
34 degrees 06' 11" east a distance of 1130.73 feet to an iron pin
set; northeasterly along the arc of a 1177.00-foot radius
curve an arc distance of 559.26 feet to an iron pin set
(said arc being subtended by a chord which lies to the
northwest of said arc and which has a bearing of north 20 degrees
29' 27" east, a distance of 554.02 feet); north 06 degrees 52' 42"
east a distance of 544.80 feet to an iron pin set; north-
westerly along the arc of a 990.876-foot radius curve an arc
distance of 558.01 feet to an iron pin set (said arc being
subtended by a chord which lies to the west of said arc and
which has a bearing of north 09 degrees 15' 17" west, a distance
550.67 feet); north 25 degrees 23' 15" west a distance of 799.84
feet to an iron pin set; northwesterly along the arc of a
2111.008-foot radius curve an arc distance of 534.53 feet to
an iron pin set (said arc being subtended by a chord which
lies to the southwest of said arc and which has a bearing of
north 32 degrees 38' 30" west, a distance of 533.10 feet); north
39 degrees 53' 44" west a distance of 528.0 feet to an iron pin
at the intersection of said,northeasterly right-of-way line
of said Pasadena Boulevard with said southeasterly right-
of-way line of Roswell Smyrna Road; thence north 49 degrees 54'
east along said southeasterly right-of-way line of Roswell
Smyrna Road a distance of 177.53 feet to a point; thence
northeasterly along the arc of a 5364.647-foot radius curve
and along said southeasterly right-of-way line of Roswell
Smyrna Road an arc distance of 690.98 feet (said arc being
subtended by a chord which lies to the southeast of said arc
and which has a bearing of north 53 degrees 36' 13" east, a dis-
tance of 690.50 feet) to an iron pin set being the TRUE
POINT OF BEGINNING.
The above -described property contains 213.18 acres and is
shown as Parcel "A" and Parcel "C" on Sheets 1, 2, and 3 of
Three Sheets of that certain Plat of Survey prepared for
Post Villages Northwest, prepared by Planners and Engineers
Collaborative, Robert L. White, Georgia Registered Land
of
set
49"
Page 3
Surveyor No. 2080,
incorporated herein
this descr:sption.
PARCEL 2
dated December 11, 1978, which Plat is
by this reference and made a part of
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land
Lots 705, 706, 707, 708, 734, 735, and 736 of the 17th
District, Second Section of Cobb County, Georgia and being
more particularly described as follows:
BEGINNING at an iron pin set at the intersection of the
southeasterly right-of-way line of Roswell Smyrna Road
(having a 40-foot right-of-way) with the southwesterly
right-of-way line of Pasadena Boulevard (having a 60-foot
right-of-way); run thence southeasterly, southerly and
southwesterly along said southwesterly, westerly and north-
westerly right-of-way line of said Pasadena Boulevard the
following courses and distances: South 39 degrees 53' 44" east a
distance of 527,80 feet to an iron pin set; southeasterly
along the arc of a 2051.008-foot radius curve an arc dis-
tance of 519.33 feet to an iron pin set (said arc being
subtended by a chord which lies to the southwest of said arc
and which has a bearing of south 32 degrees 38' 30" east, a dis-
tance of 517.95 feet); south 25 degrees 23' 15" east a distance of
799.84 feet to an iron pin set; southeasterly along the arc
of a 930.876-foot radius curve an arc distance of 524.22
feet to an iron pin set (said arc being subtended by a chord
which lies to the west of said arc and which has a bearing
of south 09 degrees 15' 17" east, a distance of 517.32 feet); south
06 degrees 52' 42" west a distance of 544.80 feet to an iron pin
set; southwesterly along the arc of a 1117.00-foot radius
curve an arc distance of 530.75 feet to an iron pin set
(said arc being subtended by a chord which lies to the
northwest of said arc and which has a bearing of south 20 degrees
29' 27" west, a distance of 525.77 feet); south 34 degrees 06' 11"
west a distance of 746.44 feet to an iron pin set; thence
leaving said northwesterly right-of-way line of Pasadena
Boulevard north 53 degrees 51' 48" west a distance of 158.83 feet
to an iron pin set; thence south 86 degrees 49' 12" west a distance
of 141.0 feet to an iron pin found; thence north 26 degrees 29' 18"
west a distance of 249.0 feet to an iron pin set; thence
south 85 degrees 25' 41" west a distance of 50.0 feet to an iron
pin set; thence north 42 degrees 44' 19" west a distance of 120.00
feet to an iron pin set; thence north 48 degrees 29' 19" west a
distance of 62.0 feet to an iron pin set; thence north 41 degrees
44' 19" west a distance 120.00 feet to a point; thence north
04 degrees 04' 19" west a distance of 146.,00 feet to a point on the
land lot line common to Land Lots 705 and 706, aforesaid
district and county; thence north 88 degrees 57' 35" east along
said land lot line common to said Land Lots 705 and 706 a
distance of 397.30 feet to an iron pin found; thence north
00 degrees 23' 48" west a distance of 1300.65 feet to an iron pin
found on the land lot line common to Land Lots 706 and 707,
aforesaid district and county; thence north 01 degrees 08' 43" west
a distance of 661.36 feet to an iron pin found; thence south
89 degrees 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,
aforesaid district and county (said iron pin set being
located north 00 degrees 48' 24" west a distance of 25.87 feet from
a U.S. concrete monument); thence north 00 degrees 48' 24" west
along said land lot line common to said Land Lots 662 and
707 a 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 707 with said southeasterly right-of-way line of
Roswell Smyrna Road (said iron pin set being located south
00 degrees 48' 24" east a distance of 51.70 feet from a U.S. con-
crete monument located at the land lot corner- common' to Land
Lots 661, 662, 707 and 708, aforesaid district and county,
said U.S. concrete monument also being shown on a survey for
Cobb County by Douglas D. Middleton, dated February 15,
1977); thence north 49 degrees 52' 59" east along said south-
easterly right-of-way line of Roswell Smyrna Road a distance
of 408.02 feet to a point; thence north 49 degrees 54' 49" east
continuing along said southeasterly right-of-way line of
Roswell Smyrna Road a distance of 334.17 feet to an iron pin
set being the TRUE POINT OF BEGINNING.
The above described property contains 69.32 acres and is
shown as Parcel "B" on Sheets 1 and 2 of Three Sheets of
that certain Plat of Survey prepared for Post Villages
Northwest, prepared 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 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:
BEGINNING at a concrete monument located at the intersection
of the northerly right-of-way line of Spring Road (having a
100-foot right-of-way) with the easterly right-of-way line
of Roosevelt Drive (having a 60-foot right-of-way); run
thence north 34 degrees 13' 15" west along said easterly right-of-
way line of Roosevelt Drive a distance of 35.77 feet to a
concrete monument; thence north 00'degrees 59' 41" west continuing
along said easterly right-of-way line of Roosevelt Drive a
distance of 209.37 feet to an iron pin set at the inter-
section of said easterly right-of-way line of Roosevelt
Drive with the southerly right-of-way line of Teasley Drive
(having a 60-foot right-of-way); thence southeasterly and
northeasterly along said southerly and southeasterly right-
of-way line of Teasley Drive the following courses and
distances: South 87 degrees 12' 38" east a distance of 367.27 feet
to a point; northeasterly along the arc of a 602.98-foot
radius curve an arc distance of 286.23 feet to a point (said
arc being subtended by a chord which lies to the north of
said arc and which has a bearing of north 79 degrees 11' 25" east,
a distance of 283.55 feet); north 65 degrees 35' 28" east a dis-
tance of 458.99 feet to a point; northeasterly along the arc
of a 983.95-foot radius curve an arc distance of 210.76 feet
(said arc being subtended by a chord which lies to the
southeast of said arc and which has a bearing of north 71 degrees
43' 39" east, a distance of 210.36 feet) to an iron pin set
at the intersection of said southeasterly right-of-way line
of Teasley Drive with the westerly right-of-way line of
Pasadena Boulevard (having a 60-foot right-of-way); thence
south 06 degrees 02' 59" west along said westerly right-of-way line
of Pasadena Boulevard a distance of 134.20 feet to a point;
thence south 63 degrees 06' 59" west a distance of 151.80 feet to
an iron pin set; thence south 61 degrees 32.1� 55" west a distance of
435.40 feet to an iron pin found; thence south 64 degrees 50' 24"
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" west along said northerly right-of-way line of
Spring Road a distance of 417.50 feet to a concrete monu-
ment; thence northwesterly along the arc of a 2606.70-foot
radius curve and along said northerly right-of-way line of
Spring Road an arc distance of 27.34 feet (said arc being
subtended by a chord which lies to the south of said arc and
which has a bearing of north 88 degrees 50' 55" west, a distance of
27.34 feet) 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
certain Plat of Survey prepared for Post Villages Northwest,
prepared by Planners and Engineers Collaborative, Robert L.
White, Georgia Registered Land Surveyer No. 2080, dated
December 11, 1978, which Plat is incorporated herein by this
reference and made a part of this description.
PARCEL 4
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 corner common to Land Lots 632, 633, 664
and 665, aforesaid district and county; run thence south 01 degrees
46' 39" east along the land lot line common to said Land
Lots 632 and 665 a distance of 39.48 feet to a point on the
southwesterly right-of-way line of Hester Park Drive (having
a 50-foot right-of-way); thence southeasterly along the arc
of a 305.88-foot radius curve and along said southwesterly
and southerly right-of-way line of Hester Park Drive an arc
distance of 327.68 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 point at the intersection of said southerly
i right-of-way line of Hester Park Drive with the north-
westerly right-of-way line of Teasley Drive (having a
60-foot right-of-way); thence south 88 degrees 39' 34" east and
crossing said Teasley Drive a distance of 61.14 feet to a
point at the intersection 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 and southeasterly right-of-way line of
Teasley Drive a distance of 370.00 feet to an iron pin found
being the TRUE POINT OF BEGINNING: FROM THE TRUE POINT OF
BEGINNING as thus established, run thence south 77 degrees 23' 48"
east a distance of 160.06 feet to an iron pin set; thence
north 12 degrees 30' 00" east a distance of 200.07 feet to an iron
pin found; thence north 32 degrees 30' 00" west a distance of 70.70
feet to an iron pin set; thence north 12 degrees 05' 30" east a
distance of 108.44 feet to an iron pin set on the south-
westerly right-of-way line of said Hester Park Drive; thence
southeasterly along the arc of a 490.87-foot radius curve
and along said southwesterly right-of-way line of Hester
Park Drive 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 northwesterly right-of-way line of Turpin Road;
thence south 56 degrees 57' 32" west along said northwesterly
right-of-way line of Turpin Road a distance of 80.50 feet to
an iron pin set; thence southwesterly, southerly, south-
easterly, and northeasterly along the arc of a 50.0-foot
radius curve and along.said northwesterly, westerly and
southerly right-of-way line of the cul-de-sac of Turpin Road
an arc distance of 157,08 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 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 of a creek; thence southerly and southeasterly
along said centerline of said creek and following the mean-
derings thereof a distance of 329.0 feet, more or less, to a
point (said centerline of said creek being traversed by a
line bearing south 52 decfrees , 37' '24 east, - a._distance of ,316.67
feet); thence north 61 degrees 00' 00" east a distance of 19.05
feet to a point; thence north 18 degrees 58' 00" east a distance of
114.10 feet to a point; thence south 74 degrees 20' 00" east a dis-
tance 211.48 feet 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, westerly, northwesterly and northeasterly along said
northerly, northwesterly and northeasterly right-of-way line
of said Teasley Drive the following courses and distances:
south 65 degrees 35' 28" west a distance of 306.28 feet to a point;
southwesterly along the arc of a 542.98-foot radius curve an
arc distance of 257.75 feet to a point (said arc being
subtended by a chord which lies to the northwest of said arc
and which has a bearing of south 79 degrees 11' 25" west, a dis-
tance of 255.33 feet); north 87 degrees 12' 38" west,a distance of
384.25 feet to an iron pin set; northwesterly along the arc
of a 171.62-foot radius 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 37 degrees 23' 10" west, a distance of 262.26
feet); north 12 degrees 26' 18" east a distance of 70.76 feet to an
iron pin found being the TRUE POINT OF BEGINNING.
The above described property contains 7.22 acres, more or
less, and is shown as Parcel "E" on Sheet 3 of Three Sheets
of that certain Plat of Survey prepared for Post Villages
Northwest, prepared 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 5
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,':
BEGINNING at an�.iron pin found at the intersection of the
northerly right-of-way line of Spring Road (having a
100-foot right-of-way) with the land lot line common to Land
Lots 632 and 665, aforesaid district and county; run thence
north 01 degrees 46' 39" west along said land lot line common to
said Land Lots 632 and 665, a distance of 1132.21 feet to a
Page 7
point. located at the intersection of said land lot line
common to said Land Lots 632 and 665 with the southwesterly
right-of-way line of Hester Park Drive (Having a 50 foot
right-of-way) (said point being located south 01 degrees 46' 39"
east a distance of 39.48 feet from the land lot corner
common to Land Lots 632, 633, 664 and 665, aforesaid dis-
trict and county); thence southeasterly along the arc of a
305.88 foot radius curve and along said southwesterly and
southerly right-of-way line of said Hester Park Drive an arc
distance of 327.68 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 point located at the intersection of said south-
erly right-of-way line of Hester Park Drive with the north-
westerly righ-of-way line of Teasley Drive (having a
60-foot right-of-way); thence south 12 degrees 26' 18" west along
said northwesterly right-of-way line of Teasley Drive a
distance of 428.99 feet to a iron pin set; thence southeast-
erly along the arc of a 231.62-foot radius curve and along
said northwesterly, westerly and southwesterly right-of-way
line of Teasley Drive an arc distance of 359.26 feet (said
arc being subtended 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 northerly right-of-way line of said Spring Road; thence
southwesterly along the arc of a 2606.703-foot radius curve
and along said northerly right-of-way line of Spring Road an
arc distance of 294.93 feet (said arc being subtended by a
chord which lies to the south of said arc and which has a
bearing of south 83 degrees 36' 57" west, a distance of 294.77
feet) to an iron pin found being the TRUE POINT OF BEGIN—
NING.
The above described property contains 5.43 acres and is
shown as Parcel "F" on Sheet 3 of Three Sheets of that
certain Plat of Survey prepared for Post Villages Northwest,
prepared 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 6
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:
TO FIND THE TRUE POINT OF BEGINNING commence at an iron pin
set at the land lot corner common to Land Lots 632, 633, 664
and 665, aforesaid district and county; run thence north 89 degrees
40' 31" east along the land lot line common to said Land
Lots 664 and 665 a distance of 48.04 feet to a point at the
intersection of said land lot line common to Land Lots 664
and 665 with the northeasterly 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 distance of 180.25 feet to an iron pin found; thence
south 23 degrees 11' 33" west a distance of 129.90 feet to an iron
pin found on said northeasterly right-of-way line of said
Hester Park Drive; thence northwesterly along the arc of a
245.88-foot radius curve and along said northeasterly right-
of-way line of Hester 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-
pared 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 7
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot
704 of the 17th District, Second Section of Cobb County,
Georgia and being more particularly described as follows:
BEGINNING at an iron pin set located at the intersection of
the westerly right-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 subtended by a chord which lies to the south of said
arc and which has a bearing of south 75 degrees 55' 26" west, a
distance of 109.95 feet ); thence north 07 degrees 34' 26" west a
distance of 120.00 feet to an iron pin set; thence north 78 degrees
49' 42" east a distance of 139.13 feet to an iron pin.set on
said westerly 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
arc and which has a bearing of south 07 degrees 08' 12" west, a
distance of 73.23 feet); thence south 06 degrees 02' 59" west and
continuing along said westerly right-of-way line of Pasadena
Boulevard a distance of 46.76 feet to an iron pin set being
the TRUE POINT OF BEGINNING.
The above described property contains 0.33 acre and is shown
as Parcel "H' on Sheet 2 of Three Sheets of that certain
Plat of Survey prepared for Post Villages Northwest, pre-
pared 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.
Page 9
PARCEL 8
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land
Lots 704, 705, 707, 708, 734, 735 and 736 of the 17th Dis-
trict, Second Section of Cobb County, Georgia, and being
shown as Pasadena Boulevard (having a 60-foot right-of-way)
on that certain Plat of Survey (consisting of 3 sheets)
prepared for Post Villages Northwest, prepared by Planners
and Engineers Collaborative, Robert L. White, Georgia Regis-
tered Land Surveyor No. 2080, dated December 11, 1978, which
Plat is incorporated herein by this reference and made a
part of this description.
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, Georgia, and being shown as Teasley Drive
(having a 60-foot right-of-way) on that certain Plat of
Survey (consisting of 3 sheets) prepared for Post Villages
Northwest, prepared 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.OR PARCEL OF LAND lying and being in Land Lot
665 of the 17th District, Second Section of Cobb County,
Georgia, and being shown as Hester Park Drive (having a
50-foot right-of-way) on that certain Plat of Survey (con-
sisting of 3 sheets) prepared for Post Villages Northwest,
prepared by Planners and Engineers Collaborative, Robert L.
Whtie, 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 11
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 shown as Roosevelt Drive (having a
60-foot right-of-way) on that certain Plat of Survey (con-
sisting of 3 sheets) prepared for Post Villages Northwest,
prepared 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 12
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land
Lots 781, 780, 804, 805, 806, 850, 851, 875, 876 and 877 of
the 17th District, 2nd Section, Cobb County, Georgia, more
particularly described as follows:
Page 10
BEGINNING at the corner formed by the intersection of the
southeasterly right-of-way of Windy Hill Road and the north-
easterly right-of-way of U.S. 41 Highway, running thence
southeasterly along the northeasterly right-of-way of U.S.
41 Highway a distance of 3,534 feet to an iron pin (which
iron pin is located 184 feet southeasterly as measured along
the northeasterly right-of-way of U.S. Highway 41 from a
concrete monument on the northeast right-of-way of U.S.
Highway 41);' running thence easterly at an interior angle of
146 degrees 23 minutes with the preceding course a distance
of 88.7 feet to an iron pin; running thence northeasterly at
an interior angle of 133 degrees 10 minutes with the pre-
ceding course a distance of 100 feet to an iron pin; running
thence northwesterly along a line which forms an interior
angle of 80 degrees 56 minutes with the preceding course a
distance of 273.2 feet to an iron pin; running thence north
51 degrees 42 minutes east a distance of 1,423.1 feet to an
iron pin; running thence south 37 degrees 24 minutes 45
seconds east a distance of 125.9 feet to an iron pin; thence
south 43 degrees 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
south 76 degrees 8 minutes 30 seconds east a distance 27
feet to 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 seconds west a distance of 295.6 feet to an
iron pin; thence north 28 degrees 46 minutes west a distance
of 326.7 feet to an iron pin; continuing thence north 28 de-
grees 46 minutes west a distance of 130 feet to the inter-
section of the southwesterly right-of-way of Interstate 75
and the southeasterly right-of-way of Windy Hill Road;
running thence southwesterly, westerly, northwesterly and
westerly along the southeasterly, southerly, southwesterly
and southerly right-of-way of Windy Hill Road and following
the curvature thereof a distance of 2,279.61 feet to an iron
pin at the northeast corner of original lot 23 of the Rolling
Acres Subdivision according to plat recorded in Plat Book 4,
Page 119, Cobb County Records; continuing thence northwesterly
along the southwesterly right-of-way of Windy Hill Road a
distance of 184 feet to an iron pin; thence south 50 degrees
52 minutes 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 an iron pipe on the southeast line of original lot 26,
Rolling Acres Subdivision; running thence northeasterly along
the southeast line of said original lot 26 a distance of 321
feet to an iron pipe on the southerly right-of-way of Windy
Hill Road; running thence westerly and southwesterly along the
southerly and southeasterly right-of-way of Windy Hill Road
and following the curvature thereof, a distance of 1,117 feet
to an iron pin on the northeast right-of-way of U.S. 41 Highway
and the POINT OF BEGINNING.
Page 11
PARCEL 13
ALL THAT TRACT OR PARCEL OF LA14D lying and being in Land Lot
666 of the 17th District and 2nd Section of Cobb County,
Georgia and being more particularly described as follows:`
TO FIND THE POINT OF BEGINNING commence at the original
intersection of the southern side of Spring Street with the
western side of Elmwood Drive which point is the northeast
corner of Lot 22 and the northwest corner of Lot 23 of the
East Smyrna Subdivision, as shown by plat by Gordon Naley
Engineer, dated June 15, 1940 which is recorded in Plat Book
4, Page 125, Cobb County Records; running thence in a south-
erly direction along the western side of the Elmwood Drive,
as shown on survey for Petty Bregman by R. Dan Lord, Sur-
veyor, dated May 27, 1965, which is recorded in Plat Book
35, Page 25, Cobb County Records, a distance of 38.5 feet to
a point which is the new intersection of the southern side
of Spring Street with the Western side of Elmwood Drive,
created by a condemnation by Cobb County of a certain por-
tion of land as shown in Case #20911 of the Cobb County
Superior Court, the judgment thereof recorded in Minute Book
4F, Page 334, Cobb County Georgia Records, said point of
intersection being the POINT OF BEGINNING: thence running
south 02 degrees 37 minutes 10 seconds west along the west-
ern right-of-way of Elmwood Drive a distance of 161.50 feet
to an iron pin; thence running south 89 degrees 09 minutes
02 seconds west a distance of 98.70 feet to an iron pin;
thence running north 00 degrees 50 minutes 59 seconds west a
distance of 181.60 feet to an iron pin on the southern side
of Spring Street; thence running north 87 degrees 00 minutes
38 seconds east along the southern side of Spring Street a
distance of 74.17 feet to a right-of-way monument; thence
running south 48 degrees 57 minutes 25 seconds east a dis-
tance of 34.65 feet to the point of beginning, being im-
proved property as shown on survey for the Southland Corpo-
ration dated January 27, 1975 prepared by Thomas Leonard
Grist, registered land surveyor No. 873, and reinspected on
November 18, 1976.
PARCEL 14
�9=of-t9
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot
666 of the 17th District, 2nd Section, Cobb County, Georgia
and being more particularly described as follows:
BEGINNING at a point formed by the intersection of the
southeastern side of the right-of-way of Spring Street and
the eastern side of the 40-foot right-of-way of Elmwood
Drive; running thence northeasterly along the southeastern
side of Spring Street 39.10 feet to a point; running thence
easterly along the southern side of Spring Street 54.12 feet
to a point; running thence northerly 5 feet to a point on
the southern side of the 100-foot right-of-way of Spring
Street; running thence easterly along the southern side of
Spring Street 116.80 feet to an iron pin; running thence
south 0 degrees 02 minutes 30 seconds west, 185.95 feet to
an iron pin; running thence south 88 degrees 06 minutes 30
seconds west 200 feet to an iron pin on the eastern side of
Elmwood Drive; running thence northerly along the eastern
side of Elmwood Drive 162.15 feet�to the point of beginning;
all as shown on Plat of Survey for Humble Oil & Refining
Company by Higginbotham & James Associates, dated January 3,
1967 and recorded in Plat Book 42, Page 93, Cobb County,.
Georgia Records.
Page 12
PARCEL 15
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land
Lots 733, 779 and 780 of the 17th District, 2nd Section,
Cobb County, Georgia, more particularly described as fol-
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 point; thence northwesterly a distance of 278 feet
to a point marked 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 (600) 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 (600) of the land area above described by acreage:
POST VILLAGES NORTHWEST, LTD., a
Georgia limited partnership
BY: NORTHWEST ASSOCIATES, LTD., a
Borgia limited partnership,
as its sole general partner
By:• )
A. Do 1 1 Ba
By:
L. ^arry Teo
ams, General Partner
tes, General Partner
,/General Partner