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Kennesaw council approves sale of abandoned right-of-way at 2995–2997 North Main Street over homeowner objections
Summary
The Kennesaw City Council voted 3–1 to approve the abandonment and sale of a portion of right-of-way at 2995 and 2997 North Main Street to the adjacent property owners for $12,300 after staff and property owners presented competing appraisals and public comment. Council Member Veyers cast the lone no vote; Council Member Madeline Ortena recused.
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Kennesaw City Council voted 3–1 to approve the abandonment and sale of a strip of right-of-way adjacent to 2995 and 2997 North Main Street, accepting a negotiated purchase price of $12,300.
Ricky Stewart, public works, told council the abandonment would cover a 25-foot depth and the full road frontage of about 98 feet and recommended the sale after staff and the property owners obtained separate appraisals. "The city had their own appraisal conducted. The opinion of that appraisal was $15,600," Stewart said; the property owners' appraisal was $9,000 and council members had previously agreed to split the difference to arrive at $12,300.
The item drew public comment from homeowners Mary Klein and Dean Klein, who live at 2995 North Main Street. Mary Klein said the slope in the right-of-way exceeds a 25 percent grade and therefore should not be assumed by homeowners for maintenance: "The right of way is greater than 35 25% grade, and therefore, it does not fall on the homeowner to maintain it," she said, reading prepared remarks. The Kleins said runoff and erosion from the strip make it difficult to maintain the private yard adjacent to the slope and described two options they plan to present if the sale moves forward: purchase and landscape the strip, or a shared-cost landscaping project with the city.
Council approved the resolution 3–1; Council Member Veyers voted no. The record shows Council Member Madeline Ortena recused herself from the discussion and vote. Councilman Farris made the motion; a second was recorded. The council's action authorizes staff to move forward with the abandonment process and the sale at the agreed price. Council and staff stated the next step is for the property owners to present a formal offer through Public Works at the next meeting, where the council will receive that offer and public comment.
City staff noted a procedural threshold in the abandonment process mentioned during the discussion: if an abandoned right-of-way has an appraised value below $75,000 it is negotiable between property owner and council. The council did not adopt any additional conditions on improvements in approving the abandonment; any landscaping, maintenance responsibilities, or installation of hardscape would be subject to separate agreements or approvals.
The council's motion and roll-call were recorded in the meeting minutes. No amendments to the approved sale price were made during the session.
