The champion newspaper. (Decatur, GA) 19??-current, March 07, 2024, Image 36

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The champion newspaper., March 07, 2024, Image 36

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Newspaper Page TextPAGE 36 THE CHAMPION LEGAL SECTION, THURSDAY, MARCH 7 - 13, 2024 garding ++4075 Old River Road, Ellenwood, Georgia 30294++ (the “Property”) TO WHOM IT MAY CON CERN: As you are aware, DeKalb County plans to expand County Line Park and must acquire the Property in conjunction with the construction and expansion of the Park. Because the County could not close on the pur chase of the Property, despite its efforts, please consider this letter to be the County's Notice of its intent to conduct a public meeting to consider a Resolu tion authorizing the exercise of eminent domain, pursuant to O.C.G.A. § 22-1-10, regarding the Property. Due to the uncer tainty of title and the inability to get the requisite Option Agree ments to proceed with closing, the County must institute legal proceedings to acquire it in stead. We regret that such ac tion became necessary, but we must proceed this way to meet our scheduled construction dates. DeKalb County will conduct a meeting on March 28, 2024, to commence after 6:00 pm., in the Maloof Auditorium (1300 Commerce Drive, Decatur, Georgia 30030) to consider a Resolution approving the exer cise of eminent domain to ac quire the Property. At least fif teen (15) days before this pub lic meeting, the County will post a sign, in the right of way adja cent to the Property, also ad vising of the time, date and place of the meeting. The County will also publish a no tice in its legal organ to advert ise this meeting, and it likewise will attempt to personally serve those owners with notice of this meeting, too. Please direct any questions you may have to the DeKalb County Government, ATTN: Caleb Wittenmyer, Recreation, Parks and Cultural Affairs, who may be contacted at (404) 687- 3733. Finally, please be advised that the County is serving or send ing a copy of this Notice to the following individuals and entit ies: Via Publication: All heirs known and unknown of the Estate of Lottie E. Mosley All heirs known and unknow of John H. Mosley All heirs known and unknow of John H. Mosley, Jr., Deceased, Heir at Law of Lottie E. Mosley All heirs known and unknown of Sylvia Gilstrap, Deceased, Heir at Law of Lottie E. Mosley All heirs known and unknown of Edward F. Mosley, Deceased, Heir at Law of Lottie E. Mosley Via Certified Mail: Burycove Capital LLC Tan Fung as Trustee of Old River Trust Jacquelyne Colclough Vincent Gilstrap Kenneth Gilstrap Ronald Gilstrap Wendell Gilstrap Derrick Gilstrap Walter Gilstrap Elgyn Mosley Harold Gilstrap Edward F. Mosley Jr. Patricia Mills 330-483026 2/22,2/29,3/7,3/14 3/21,3/28 DeKalb County’s Publication In stituting Legal Proceedings Re garding the Acquisition of the Property Located at and Known as 4083 Old River Road, Ellen- wood, GA To: (1) All heirs known and un known All heirs known and un known of the Richards Lin Kawng Li, Deceased; (2) Johnny T. Li; (3) David T. Li; (4) Edward Li; (5) Elizabeth Li; (6) Jimmy Mills and Jeannette Leach; (7) Elgyn Mosley; (8) Harold Gilstrap; (9) Edward F, Mosley Jr; (10) Tameka Willi ams; (11) Any and All others having or claiming an interest in 4083 Old River Road Re: DeKalb County - County Line Park Expansion (the “Park") O.C.G.A. § 22-1-10 Notice of DeKalb County’s proposed ex ercise of eminent domain re garding ++4083 Old River Road, Ellenwood, Georgia++ (the “Property”) TO WHOM IT MAY CON CERN: As you are aware, DeKalb County plans to expand County Line Park and must acquire the Property in conjunction with the construction and expansion of the Park. Because the County could not close on the pur chase of the Property, despite its efforts, please consider this letter to be the County’s Notice of its intent to conduct a public meeting to consider a Resolu tion authorizing the exercise of eminent domain, pursuant to O.C.G.A. § 22-1-10, regarding the Property. Due to the uncer tainty of title and the inability to get the requisite Option Agree ments to proceed with closing, the County must institute legal proceedings to acquire it in stead. We regret that such ac tion became necessary, but we must proceed this way to meet our scheduled construction dates. DeKalb County will conduct a meeting on March 28, 2024, to commence after 6:00 pm., in the Maloof Auditorium (1300 Commerce Drive, Decatur, Georgia 30030) to consider a Resolution approving the exer cise of eminent domain to ac quire the Property. At least fif teen (15) days before this pub lic meeting, the County will post a sign, in the right of way adja cent to the Property, also ad vising of the time, date and place of the meeting. The County will also publish a no tice in its legal organ to advert ise this meeting, and it likewise will attempt to personally serve those owners with notice of this meeting, too. Please direct any questions you may have to the DeKalb County Government, ATTN: Caleb Wittenmyer, Recreation, Parks and Cultural Affairs, who may be contacted at (404) 687- 3733. Finally, please be advised that the County is serving or send ing a copy of this Notice to the following individuals and entit ies: Via Publication: All heirs known and unknown of the Richards Lin Kawng Li, De ceased Via Publication, In-Person Server, Certified and Regular Mail: Johnny T. Li David T. Li Edward Li Elizabeth Li Jimmy Mills and Jeannette Leach Elgyn Mosley Harold Gilstrap Edward F. Mosley Jr. Tameka Williams 330-483274 2/29,3/7 ABANDONED MOTOR VEHICLE ADVERTISEMENT NOTICE You are hereby notified, in ac cordance with OCGA § 40-11 - 19(a) (2), that each of the be low-referenced vehicles are subject to a lien and a petition may be filed in court to fore close a lien for all amounts owed. If the lien is foreclosed, a court shall order the sale of the vehicle to satisfy the debt. The vehicles are currently loc ated at 2481 Old Covington Hwy SW Conyers, GA 30012 The vehicles subject to liens as stated above are identified as: ++Chrysler 2007 300 2C3KA53G37H838724++ TAG# CQK4476 GA Dodge 2011 Grand Caravan 2D4RN5DG8BR661641 TAG# TBN1444 GA Chevrolet 2020 Malibu 1G1ZD5STXLF047823 TAG# SAJ8310 GA Nissan 2006 Murano JN8AZ08T96W420892 TAG# <unknown> VOLKSWAGEN 2012 TIGUAN WVGAV7AX8C W503413 TAG# RJQ7159 GA GMC 1997 Suburban 1GKEC16R2VJ728272 TAG# <unknown> Anyone with an ownership in terest in any of these vehicles should contact the following business immediately: Quick Drop Impounding, Tow ing, and Recovery 2481 Old Covington Hwy SW Conyers GA 30012 330-483284 2/29,3/7 ABANDONED MOTOR VEHICLE ADVERTISEMENT NOTICE You are hereby notified, in ac cordance with OCGA 40-11-19 (a) (2), that each of the below- referenced vehicles are sub ject to a lien and a petition may be filed in court to foreclose a lien for all amounts owed. If the lien is foreclosed, a court shall order the sale of the vehicle to satisfy the debt. The vehicles are currently loc ated at Chancey’s Wrecker Service 539 McDaniel Mill Rd SW Conyers, Ga 30012 The vehicles subject to liens as stated above are identified as: Vehicle Make:++CHEVROLET Year:2005 ModeLTAHOE Vehicle ID # : 1GNEC13T85J257019 + + Vehicle License #: TEX1085 State:GA Picked up from: 100 Leslie Oaks Drive, Lithonia, GA, 30058 Vehicle Make:BMW Year:2004 Model:5 SERIES Vehicle ID # : WBANA53544B847618 Vehicle License #:XUR936 State:GA Picked up from: 4842 COVING TON HWY, DECATUR, GA, 30035 Vehicle Make: ACURA Year:2005 ModeLMDX Vehicle ID # : 2HNYD18865H527061 Vehicle License #: TFE5281 State:GA Picked up from: 7977 Rock bridge Rd , Lithonia , Ga, 30058 Vehicle Make:VOLKSWAGEN Year:2014 ModekJETTA Vehicle ID #:3VWD07AJ1 EM 284001 Vehicle License #:CUB1470 State:GA Picked up from: 1544 WELLBORN RD. , LITHONIA, GA, 30058 Vehicle Make: BMW Year:1997 Model:3SERIES Vehicle ID # : WBACD3326VAV19147 Vehicle License #: BQH3898 State: GA Picked up from: 6908 CHAPMAN ROAD, Lithonia, GA, 30058 Vehicle Make:MAZDA Year:1 995 Model:MX-6 Vehicle ID # : 1YVGE31C8S5358974 Vehicle License #:BQH3899 State: GA Picked up from: 6908 CHAP MAN ROAD, Lithonia, GA, 30058 Vehicle Make: BMW Year:2008 Model:3SERIES Vehicle ID # : WBAVA335X8KX84065 Vehicle License #:NO TAG Picked up from: 6908 CHAPMAN ROAD, Lithonia, GA, 30058 Vehicle Make: CHEVROLET Year:2010 ModeLIMPALA Vehicle ID # : 2G1WB5EN7A1240974 Vehicle License #:RYI9654 State:GA Picked up from: 4842 COVINGTON HWY, DEC ATUR, GA, 30035 Vehicle Make: NISSAN Year:2002 ModeLALTIMA Vehicle ID # : 1N4BL11D22C134636 Vehicle License #: TCH9301 State:GA Picked up from: 2120 LITHONIA INDUSTRIAL BLVD, Lithonia, GA, 30058 Vehicle Make:NISSAN Year: 2012 ModeLALTIMA Vehicle ID # : 1N4AL2AP3CC236993 Vehicle License #:CWD6441 State:GA Picked up from: 5354 SNAPFINGER ROAD , DEC ATUR, GA, 30035 Vehicle Make: FORD Year:2019 ModehFIESTA Vehicle ID # : 3FADP4BJ2KM122133 Vehicle License #: RSB0644 State:GA Picked up from: 4842 COVING TON HWY, DECATUR, GA, 30035 Vehicle Make:GREATDANE Year:2003 ModeLTRAILER Vehicle ID # : 1GRAA002X3B018703 Vehicle License #: NO TAG Picked up from: Lithonia Industrial Blvd, Geor gia, USA @ ROCK CHAPEL ROAD Anyone with an ownership in terest in any of these vehicles should contact the following business immediately: Business Name: Chanceys Wrecker Service Address: 539 MCDANIEL MILL RD CONYERS, GA 30012 Telephone #: (770) 483-0698 330-483292 2/29,3/7,3/14,3/21 NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT ATTENTION ALL INDIVIDU ALS WITH MOBILITY DISABIL ITIES: If you have used, or attempted to use, the pedestri an rights of way in the City of Atlanta and have encountered sidewalks that are broken, un even, improperly constructed, improperly maintained, obstruc ted by trees, utility poles, and/or construction; or en countered curb ramps and curb cuts that are missing, broken, or otherwise in a condition not suitable or sufficient for use, you may be a member of the proposed Class affected by this lawsuit. This is a court-author ized notice. A “Mobility Disability” means any physical or mental impair ment that substantially limits a person’s major life activity of ambulating, including, but not limited to a person’s ability to walk, maneuver around ob jects, or to ascend or descend steps or slopes consistent with the definition of “disability” un der Section 302 of the Americ ans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, 12102(2), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 705(20), 794(a). A person with a Mobility Disabil ity may or may not use a wheelchair, scooter, “other power-driven mobility device” as defined in 28 C.F.R. § 35.104, crutches, walker, cane, brace, orthopedic device, or similar equipment. PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED. NOTICE OF CLASS ACTION The purpose of this notice is to inform you of a proposed settle ment in a pending class action lawsuit brought on behalf of in dividuals with Mobility Disabilit ies against the City of Atlanta. The proposed class action set tlement is set out in a docu ment called a “proposed Con sent Decree.” The proposed Consent Decree, which must be approved by the United States District Court before it goes into effect, was reached in the case entitled Lawson et al. v. City of Atlanta, Georgia, Case No. 1:18-CV-02484-SDG, filed in the United States Dis trict Court for the Northern Dis trict of Georgia. BASIC INFORMATION This lawsuit alleges that the ++ City of Atlanta (the “City”) viol ated federal disability access laws by failing to install or oth erwise maintain the pedestrian rights of way++, including but not limited to sidewalks and curb ramps, to ensure that people with Mobility Disabilities can access the pedestrian rights of way. The City dis putes these allegations and denies that it has violated the law. This is a class action. In a class action, one or more “Class Representatives” sue on be half of all people who have sim ilar legal claims. In this case, the Class Representatives are Laurel Lawson, James Curtis, and James Turner, who are At lanta residents or visitors with Mobility Disabilities. In a class action, one court resolves the issues for all Class Members. United States District Judge Steven D. Grimberg is in charge of this class action. The Court has not decided in favor of either the Class Represent atives or the City in this case. Instead, both sides agreed to a settlement. THE SETTLEMENT CLASS The Settlement Class includes all people with a Mobility Disab ility who have been or will be denied equal access to the pedestrian rights of way in the City of Atlanta at any time up through the expiration of the Consent Decree as a result of the City’s policies and prac tices with regard to design, in stallation, repair, and mainten ance of its pedestrian rights of way. SUMMARY OF PROPOSED CONSENT DECREE The following is a summary of certain provisions of the Pro posed Consent Decree. To ac cess a copy of the full Consent Decree, see the “Further In formation” section below. Under the proposed Consent Decree, the City must perform a Self-Evaluation of the City’s Department of Transportation (“DOT”) Public Rights of Way (“PROW”) programs. The Self- Evaluation will identify the DOT PROW programs that are not accessible and usable by per sons with Mobility Disabilities. In turn, the Self-Evaluation will be utilized to create the City’s Transition Plan for Sidewalks which will identify, among oth er things, the various physical barriers that limit the accessibil ity of the DOT PROW pro grams and a schedule, which will be updated as progress is made, to address the physical barriers that limit the access to the DOT PROW programs. The City has committed to re moving the barriers that are identified in the Transition Plan for Sidewalks. Further, the City will adopt policies, practices and procedures to maintain on going accessibility in the PROW. The City will report its progress on an annual basis during the term of the pro posed Consent Decree to a Court-appointed Monitor to en sure compliance its obligations in the proposed Consent De cree. The Consent Decree calls for a 25-year period of monitor ing. The City will also establish a complaint intake procedure through its 3-1-1 system to al low members of the public to conveniently report barriers to accessibility to DOT such that these complaints are segreg ated from other claims that do not involve the PROW. The City has committed to DOT prioritiz ing complaints that it receives through this process. RELEASE OF CLAIMS The proposed Consent Decree resolves and releases, through the end of the Term of the pro posed Consent Decree, all claims for injunctive, declarat ive, or other non-monetary re lief arising under the Accessibil ity Laws that were brought, could have been brought, or could be brought in the future through the Term of the Con sent Decree. The proposed Consent Decree does not provide for any monetary relief to Class Members. The Re leased Claims do not include any claims to enforce the terms of the Consent Decree or any claims for individual relief for personal injuries or property damage resulting from rights of way that do not comply with the Accessibility Laws. REASONABLE ATTORNEYS’ FEES, COSTS AND EX PENSES Under the proposed Consent Decree, Class Counsel can ap ply to the Court for an award of attorneys’ fees, costs, and ex penses from the City to pay them for their work on the case and to reimburse them for the costs they put into the case. The Class and the City have stipulated that $600,000 is presumptively reasonable for the work per formed by Class Counsel through the date of the Prelim inary Approval Order. Class Counsel may apply for addition al fees in the event they need to litigate any objections from the Class, and the City may ob ject to Class Counsel's request for additional fees. Under the proposed Consent Decree, Class Counsel will also receive their reasonable attor neys’ fees and costs related to the monitoring of the City’s compliance of the Consent De cree throughout the term of the Consent Decree. Class Coun sel’s attorneys’ fees for monit oring the City’s compliance with the Consent Decree throughout the term of the Consent De cree shall be capped at $625,000. If at any time after 15 years, Class Counsel de termines that the $625,000 cap will be inadequate to provide for reasonable attorneys’ fees, then Class Counsel may peti tion the Court for an order re quiring the City to pay addition al funds, which the Court will consider upon a showing of clear and convincing evidence. Under the proposed Consent Decree, the Monitor shall re ceive all fees and expenses arising from monitoring, ad vising, consulting with, review ing and evaluating the City’s re ports required under the Con sent Decree. The total monitor fees shall not exceed $20,000 per year for years 1-12, and $10,000 per year for years 13- 25. THE COURT’S FINAL AP PROVAL/FAIRNESS HEAR ING The Court has preliminarily ap proved the proposed Consent Decree, and has scheduled a “Final Approval” or “Fairness” hearing for Tuesday, April 30, 2024 at 2:00 pm at 1701 Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303, Courtroom 1706, to decide whether the proposed settle ment is fair, reasonable, and adequate, and should be fi nally approved, as well as whether and how much to award to Class Counsel in reasonable attorneys’ fees, costs, and expenses. At the hearing, the Court will consider