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HomeMy WebLinkAboutRES 18-06-478 - 06/04/2018 - MILTON COUNTRY CLUB EASEMENTSSTATE OF GEORGIA RESOLUTION NO. 18-06-478 COUNTY OF FULTON A RESOLUTION TO DISPOSE OF CERTAIN GOLF COURSE EASEMENTS ACROSS PRIVATE PROPERTY PARCELS ABUTTING THE FORMER MILTON COUNTRY CLUB PROPERTY WHEREAS, on or about December 5, 2017, the City of Milton (the "City") entered into an Agreement for Sale of Realty to acquire approximately 137 acres of land formerly known as the Milton Country Club (the "Property"); WHEREAS, on or about January 19, 2018, the City closed on its acquisition of the Property; WHEREAS, prior to the City's acquisition, the Property was privately -owned and operated as a golf course; WHEREAS, when the golf course and surrounding residential subdivisions were initially developed, some of the abutting private property lots included a 50- or 75 -foot "golf course easement" to allow golf course users limited access onto such parcels for golf course -related purposes (see survey attached hereto marked Exhibit A and by this reference incorporated herein); WHEREAS, the Official Code of Georgia Annotated ("O.C.G.A.") § 36-37-6(g) provides, in part, that, "... the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids ..."; WHEREAS, the City's Charter provides, at Section 1.12 (Municipal Powers), at subsection (b)(21), in part, that the City is empowered, "To ... dispose of... any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city"; WHEREAS, the City does not use the Property as a golf course and no longer has any use for such golf course easements as the City is able to maximize the public use of the Property within the boundaries of the Property; WHEREAS, other than the City of Milton and the servient estate property owner, there are no other abutting owners with an interest in the subject easements; Page 1 of 3 WHEREAS, the golf course easements have no value to the City and it is reasonable that the highest and best use is for the City to release such easements to the benefit of the private property parcel owners upon whose property such easements run; and, WHEREAS, this Resolution shall manifest the consent of the City of Milton to convey the easement to the abutting property, and that such conveyance upon the terms set forth in this Resolution serves the best interest of the public health, welfare and safety of the citizens of the City of Milton. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The statements, representations and affirmations in the Preamble to this Resolution are restated as if set forth verbatim and are correspondingly adopted. 2. The golf course easements depicted on the survey attached at Exhibit A hereto shall be released to the benefit of the abutting private property owners upon whose property such easements run. 3. The City Attorney shall prepare appropriate documentation for the Mayor to execute to release and quit claim any and all interest of the City (as Grantor) in such golf course easements to the abutting private property owners (as Grantees) upon whose property such easements run. 4. The City Attorney shall cause such executed documents to be filed in the real property records of the Fulton County Superior Court Clerk's office. 5. The City Attorney shall cause a copy of the recorded document to be mailed to each corresponding Grantee receiving the benefit of such release. SO RESOLVED, this 4th day of June, 2018. 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