HomeMy WebLinkAboutRESOLUTION NO 13 09 266STATE OF GEORGIA
11 COUNTY OF FULTON
RESOLUTION NO. 13-09-266
RESOLUTION TO ABANDON PUBLIC RIGHT-OF-WAY
A PORTION OF BLACK OAK ROAD
WHEREAS, The City of Milton, Georgia desires to abandon 58,381 sq. ft. of Black Oak Road
(the "Road"), which is situated in Land Lots 183, 250 and 251 of the 2nd District, 2"d Section of Fulton
County, Georgia; and,
WHEREAS, a plat and a legal description have been tendered and are attached hereto as Exhibit
"A" showing the location of the Road which has been requested to be abandoned; and,
WHEREAS, Section 32-7-2(c) of the Official Code of Georgia Annotated authorizes a City to
abandon a section of the City Road system that no longer serves a public purpose or when in the best
public interest after notice to property owners located thereon; and,
WHEREAS, said Georgia Code Section provides that upon the certification by the City, recorded
in its minutes, accompanied by a plat or sketch, after notice to property owners located thereon, the
City may declare that section of Road to no longer be a part of the City Road system, and the rights
of the public in and to the section of Road as a public Road shall cease; and,
WHEREAS, the owners of all property that abuts the Road sought to be abandoned have
received actual notice of the proposed abandonment described herein, and no other legitimate objection
thereto has been made.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, and it is hereby resolved and
certified by the authority of the same, as follows:
That abandonment of the Road, as shown on the attached legal description and copy of plan is
in the best public interest and that the Road no longer serves a substantial public purpose.
2. That the abandonment of the Road herein described be and is approved.
That the best interest of The City of Milton, Georgia would be served by conveyance of said
property to the property owners along said Road pursuant to O.C.G.A. § 32-7-4(a) so that it may
thereupon be subject to taxation by The City of Milton, Georgia.
4. That a deed of abandonment, in the form attached hereto as Exhibit '"B," therefore be executed
by The City of Milton, Georgia conveying the City's interest in the Road as shown on the
attached legal description and copy of plan to the owners of all property that abuts the Road,
IL their assigns, transferees and successors in interest. The City shall be paid thirteen thousand
four hundred dollars ($13,400.00) in exchange for the deed of abandonment pursuant to
O.C.G.A. § 32-7-4(a)(2).
THIS RESOLUTION is hereby adopted this 4'h day of September 2013, the public health, safety and
general welfare demanding it.
Approved:
Joe Lockwoo , M or
ATTEST:
Sudie AM Gordon, City Vlerk
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Exhibit A
Survey
ABANDONED ROAD TRACT DESCRIPTION
BLACK OAK ROAD - 60' R/W
ALL THAT TRACT or parcel of land lying and being in Land Lot 183,
250 and 251 of the 2nd District, 2nd Section of Fulton County, Georgia,
and being more particularly described as follows:
Beginning at the intersection of land lot lines of 182, 183, 250 and 251
north 73 degrees 45 minutes 49 seconds west a distance of 418.01 feet to a
point; said point being the TRUE POINT OF BEGINNING;
Thence south 28 degrees 51 minutes 30 seconds west a distance of 60.00
feet to a point; Thence along a curve to the right an arc distance of 133.75
feet, said curve having a radius of 134.38 feet and being subtended by a
chord of 128.30 feet, at south 32 degrees 37 minutes 43 seconds east to a
point; Thence south 04 degrees 06 minutes 49 seconds east a distance of
49.11 feet to a point; Thence along a curve to the left an arc distance of
277.06 feet, said curve having a radius of 276.01 feet and being subtended
by a chord of 265.57 feet, at south 32 degrees 52 minutes 08 seconds east
to a point; Thence south 61 degrees 37 minutes 27 seconds east a distance
of 139.21 feet to a point; Thence along a curve to the left an arc distance of
105.31 feet, said curve having a radius of 563.09 feet and being subtended
by a chord of 105.16 feet, at south 66 degrees 58 minutes 50 seconds east
to a point; Thence south 72 degrees 20 minutes 13 seconds east a distance
of 155.94 feet to a point; Thence along a curve to the left an arc distance of
74.50 feet, said curve having a radius of 90.00 feet and being subtended by
a chord of 72.39 feet, at south 83 degrees 43 minutes I 1 seconds east to a
point; Thence north 60 degrees 00 minutes 27 seconds east a distance of
51.46 feet to a point; Thence north 29 degrees 59 minutes 33 seconds west
a distance of 60.00 feet to a point; Thence south 60 degrees 00 minutes 27
seconds west a distance of 51.46 feet to a point; Thence along a curve to
the right an arc distance of 24.83 feet, said curve having a radius of 30.00
feet and being subtended by a chord of 24.13 feet, at south 83 degrees 43
minutes 09 seconds west to a point; Thence north 72 degrees 20 minutes
13 seconds west a distance of 156.07 feet to a point; Thence along a curve
to the right an arc distance of 94.10 feet, said curve having a radius of
503.09 feet and being subtended by a chord of 93.96 feet, at north 66
degrees 58 minutes 50 seconds west to a point; Thence north 61 degrees 37
minutes 27 seconds west a distance of 139.21 feet to a point; Thence along
a curve to the right an arc distance of 216.83 feet, said curve having a
radius of 216.00 feet and being subtended by a chord of 207.84 feet, at
north 32 degrees 52 minutes 08 seconds west to a point; Thence north 04
degrees 06 minutes 49 seconds west a distance of 48.49 feet to a point;
Thence along a curve to the left an arc distance of 194.08 feet, said curve
having a radius of 194.37 feet and being subtended by a chord of 186.12
feet, at north 32 degrees 32 minutes 06 seconds west to a point; said point
being the TRUE POINT OF BEGINNING.
Said tract or parcel of land containing 58,381 sq. ft. (1.3402 acres).
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Exhibit B
Deed of Abandonment
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STATE OF GEORGIA
COUNTY OF FULTON
[Space Above Provided For Recording Data]
DEED OF ABANDONMENT
THIS INDENTURE, dated and effective as of the �0 day of/ 2013, between CITY OF
MILTON, GEORGIA, a municipal corporation of the State of Georgia, asarty of the first part (hereinafter
referred to as "Grantor"), and The Ryland Group, Inc., as party of the second part (hereinafter referred to as
"Grantee")(the words "Grantor" and "Grantee" to include the respective heirs, executors, legal representatives,
successors and assigns of said parties where the context requires or permits);
WITNESSETH:
THAT Grantor, for and in consideration of the sum of THIRTEEN THOUSAND FOUR HUNDRED
DOLLARS ($13,400.00) and other good and valuable consideration in hand paid at and before the sealing and
delivery of these presents, the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold,
aliened, conveyed and confirmed, and by these presents does bargain, sell, remise, release and forever quitclaim
unto said Grantee, all the right, title, interest, claim or demand which the said Grantor has, or may have had, in
and to the following described property, to -wit:
All that tract or parcel of land lying and being in Land Lots 183, 250 and 251 of the 2" d District and 2nd
Section of Fulton County Georgia being more particularly described in Exhibit "A," attached hereto
and incorporated herein by this reference.
TO HAVE AND TO HOLD the said described premises unto the said Grantee, so that neither the said
Grantor, nor any other person or persons claiming under Grantor shall at any time claim or demand any right,
title or interest to the aforesaid described premises or its appurtenances.
This deed is given pursuant to that certain Resolution to Abandon Public Right of Way duly adopted by
the Mayor and Council of the City of Milton, Georgia, at a public meeting following a public hearing thereon,
held on the 4th day of September, 2013, it being determined that abandonment of said Road is in the best public
interest.
This deed is also given to divest the Grantor of any interest it may ever have acquired in said property to
make a right of way for a city maintained Road.
IN WITNESS WHEREOF, Grantor has executed this instrument under seal, as of the date first above written.
Signed, sealed and deliveratr -
tkheprese
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Notary Public /iIV
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My Commission Expires:
(NOTARIAL SEAL)
GRANTOR: CITY OF MILTON, GEORGIA
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City Clerk
Joe Lockwood, Mayor
[CITY SEAL]
Exhibit "A"
ABANDONED ROAD TRACT DESCRIPTION
BLACK OAK ROAD - 60' R/W
ALL THAT TRACT or parcel of land lying and being in Land Lot 183,
250 and 251 of the 2nd District, 2nd Section of Fulton County, Georgia,
and being more particularly described as follows:
Beginning at the intersection of land lot lines of 182, 183, 250 and 251
north 73 degrees 45 minutes 49 seconds west a distance of 418.01 feet to a
point; said point being the TRUE POINT OF BEGINNING;
Thence south 28 degrees 51 minutes 30 seconds west a distance of 60.00
feet to a point; Thence along a curve to the right an arc distance of 133.75
feet, said curve having a radius of 134.38 feet and being subtended by a
chord of 128.30 feet, at south 32 degrees 37 minutes 43 seconds east to a
point; Thence south 04 degrees 06 minutes 49 seconds east a distance of
49.11 feet to a point; Thence along a curve to the left an arc distance of
277.06 feet, said curve having a radius of 276.01 feet and being subtended
by a chord of 265.57 feet, at south 32 degrees 52 minutes 08 seconds east
to a point; Thence south 61 degrees 37 minutes 27 seconds east a distance
of 139.21 feet to a point; Thence along a curve to the left an arc distance of
105.31 feet, said curve having a radius of 563.09 feet and being subtended
by a chord of 105.16 feet, at south 66 degrees 58 minutes 50 seconds east
to a point; Thence south 72 degrees 20 minutes 13 seconds east a distance
of 155.94 feet to a point; Thence along a curve to the left an arc distance of
• 74.50 feet, said curve having a radius of 90.00 feet and being subtended by
a chord of 72.39 feet, at south 83 degrees 43 minutes 1 I seconds east to a
point; Thence north 60 degrees 00 minutes 27 seconds east a distance of
51.46 feet to a point; Thence north 29 degrees 59 minutes 33 seconds west
a distance of 60.00 feet to a point; Thence south 60 degrees 00 minutes 27
seconds west a distance of 51.46 feet to a point: Thence along a curve to
the right an arc distance of 24.83 feet, said curve having a radius of 30.00
feet and being subtended by a chord of 24.13 feet, at south 83 degrees 43
minutes 09 seconds west to a point; Thence north 72 degrees 20 minutes
13 seconds west a distance of 156.07 feet to a point, Thence along a curve
to the right an arc distance of 94.10 feet, said curve having a radius of
503.09 feet and being subtended by a chord of 93.96 feet, at north 66
degrees 58 minutes 50 seconds west to a point, Thence north 61 degrees 37
minutes 27 seconds west a distance of 139.21 feet to a point, Thence along
a curve to the right an arc distance of 216.83 feet, said curve having a
radius of 216.00 feet and being subtended by a chord of 207.84 feet, at
north 32 degrees 52 minutes 08 seconds west to a point; Thence north 04
degrees 06 minutes 49 seconds west a distance of 48.49 feet to a point:
Thence along a curve to the left an are distance of 194.08 feet, said curve
having a radius of 194.37 feet and being subtended by a chord of 186.12
feet, at north 32 degrees 32 minutes 06 seconds west to a point; said point
being the TRUE POINT OF BEGINNING.
Said tract or parcel of land containing 58,381 sq. ft. (1.3402 acres).
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