Box 1, Folder 20, Document 63

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September 12, 1969

City Law Department

JACK C. DELIUS * . 3 ‘
Gekennl Wankoe 2614 First National Bank Building

STANLEY T. MARTIN, JR. Atlanta, Georgia 30303

MeL Cen takes Attention: Mr. Ferrin Y, Mathews, Assistant City Attorney

CARL W. RYALS, JR. ‘Mr. Thomas F, Choyce, Associate City Attorney

DIR. OF RECREATION Dear Ferrin and Tom:

This letter concerns a problem we are having with Fulton County
involving certain County and City property known as the Adamsville
Health/Recreation Center, and dlso land now owned by Fulton County
(and sometimes referred to as the "Nelson property") adjacent to
Bagley Park in the Northeast section of our City; finally, as part
of the overall package, this letter also concerns an undeveloped
park site in Northwest Atlanta, known as the Sandy Creek Park Site,
The latter is adjacent to the Fulton County Airport.

Let me say at the onset that the Parks Committee is aware that

‘Mr. Choyce is the Attorney assigned to the Parks Department, but
they feel since considerable amount of research apparently was done
by Mr. Mathews in rendering a decision concerning Adamsville, that
this letter should be addressed to both of you gentlemen,

I am enclosing Xerox copies of the entire Adamsville, Bagley, and
Sandy Creek Park files, I have asked my secretary to place these
copies in chronological order and, to further simplify the matter, I
have attempted to extract from the Adamsville file all the pertinent
information as to who said what, and when, It is included as an
enclosure to this letter,

To summarize the Adamsville Health/Recreation Center situation, there *
exists at 3404 Del Mar Lane, S. W., a small parcel of property which
contains two buildings connected by a breezeway. One of the, buildings
is a recreation center operated by the City of Atlanta ever since the
Plan of Improvement. The other is a now recently vacated Fulton County |
Health Clinic. We contend that we already own half of the property--
namely, the Recreation Center, and would like to acquire the other
half from Fulton County at some reasonable value, Fulton County
generally claims that we have no interest in this property because of
a twenty-year covenant placed on it in 1949 to secure Federal and
State Health money, said covenant expiring in 1969, Note that the
covenant was placed on the property prior to the Plan of Improvement,

Messrs, Ferrin Y, Mathews, Assistant City Attorney 9/12/69
Thomas F, Choyce, Associate City Attorney

Page 2

You have rendered a legal opinion stating that we do own half the
property, and your opinion has been substantiated by a legal opinion
rendered to Mr. Paul Ivey by Mr. Ralph Jenkins, of your office. The
County Attorney has advised me that he is in the process of selling
this property to a private individual for its recently appraised
value of $85,000.00 if we don't make up our minds quickly as to what
we intend to do about buying it ourselves. He made it clear that his
position is the City has no interest in the property. However,
shortly before Mr. Earl Landers' retirement, Mr. Landers contacted
the County Attorney and apparently worked out an agreement where the
City would have to pay for only half the appraised value. You will
note, among the Xerox copies attached, my copy of Mr. Landers' letter
to Mr. Harold Sheats.

Problem No. 2 involved a small parcel of land adjacent to Bagley Park,
which for years we thought belonged to the City of Atlanta. .Some time
ago, prior to discovering who really owned the land, my department in-
stalled a number of white-way poles which.lie on the property by a
matter of a few inches, By the time we discovered that we did not own
the land, Fulton County let it be known that they were going to widen
Pharr Road. Mr. Paul Ivey, our Land Agent, reached an agreement with
the County whereby the County would buy this private property, generally
known as the "Nelson property," and would take off the front of it that
which they needed for the widening of Pharr Road, then would transfer
this property to the City of Atlanta at their net cost, In turn, the
City would transfer to the County the frontage of Bagley Park, also
needed for the widening of Pharr Road, The net results of this trans-
action would be that the City of Atlanta would pay to Fulton County
approximately $2,500.00. Ever since 1964 Mr. Ivey has been making
repeated efforts to get Fulton County to go ahead and prepare a deed to
transfer the "Nelson property" to the City. Mr. Ivey has let it be
known that the City is ready to buy the property, However, Mr. Ivey
reports that he has been put off on numerous occasions by various repre-
sentatives of the County. The County hasnow contacted Mr. Ivey and is
asking, "Why in the world doesn't the City go ahead and buy it,* and
have now placed the value at $3,500.00. The County's representative
says that the land is now worth that amount and, if we wish to buy it,
that is what it is going to cost us,

Thrown into this is a small and rather minor situation where the County
desires to acquire from the City what we call the Sandy Creek Park Site
in Northwest Atlanta. The County needs the land to expand their clear
zone for the Fulton County Airport. We are perfectly willing to accommo-
date Fulton County in selling them Sandy Creek Park Site at the appraised
value so that they might expand the runways. The property was deeded to
the City of Atlanta with a number of restrictions and easements and is

in the flood plains; therefore we would not be losing any particularly
valuable piece of park property,

Messrs, Ferrin Y, Mathews, Assistant City Attorney 9/12/69
Thomas F. Choyce, Associate City Attorney

Page 3

What the City of Atlanta would like to do is to purchase from Fulton
County their half of the Adamsville/Health Recreation property for
approximately $42,500.00, to pay them approximately $2,500.00 for

the "Nelson property" adjacent to Bagley Park, and to sell the County
the Sandy Creek Park Site for its appraised value. What the County
apparently proposes to do is to sell the City Adamsville for $85,000.00,
the "Nelson property" for $3,500.00, and to pay the City the exact
appraisal for the Sandy Creek Park Site property.

It is the opinion of the Parks Committee of the Board of Aldermen that
every possible effort has been made to settle the above in a friendly
and fair manner and we wish to do nothing whatsoever that would disrupt
friendly relations between our sister government. However, the Parks
Committee apparently has grown quite weary of the discussions and
‘problems arising from these transactions and has instructed me to pro-
;ceed to turn the matter over to you to be settled from the legal stand-


| Alderman Leftwich has expressed a willingness on his part to go with
;you to Fulton County and attempt to settle this matter; however the
\Parks Committee is so disgusted with the whole affair that they would
ibe perfectly happy to let the courts decide the Adamsville and Bagley
situation, Apparently, at this point, we are under no legal compulsion
to sell the Sandy Creek Park Site to Fulton County although possibly
they have the right of condemnation in the expansion of their public

I know both of you gentlemen are busy and so we particularly appreciate
your assistance, and I am .


‘ ‘ fon.

_ Jack C. Delius
\General Manager of
Enclosures Parks and Recreation
JCD: jw

cc: Aldermanic Parks Committee
Mr. Paul Ivey, City Land Agent
Mr. Dan Sweat, Mayor's Office —
Mr. Stanley T. Martin, Assistant General Manager of Parks
Mr. Catl Ryals, Senior Administrative Assistant
Mr, A. P. Brindley, Parks Engineer

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