HomeMy WebLinkAboutRESOLUTION NO 15 05 337STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO 15-05-337
A RESOLUTION AUTHORIZING ITS ATTORNEY
TO EXERCISE THE CITY OF MIL TON. GEORGIA'S POWERS OF
EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN
PROPERTY SITUATED IN THE CITY OF MIL TON. GEORGIA
AND IN FULTON COUNTY. GEORGIA, FOR PUBLIC ROAD
AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES
WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution,
municipalities may acquire in fee simple or in any lesser interest by eminent domain for public
purposes; and,
WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the
State of Georgia, has determined that the circumstances of this matter are such that there is a
necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et
seq. in the acquisition of certain interests in property for municipal ("City") road and/or other
transportation purposes.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City
Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to
O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that
certain property and interest therein more particularly described as Parcel 12 in Exhibit "A"
which is attached hereto and made a part hereof by reference as though fully set forth at this
point, all to the use of City of Milton, said property now or formerly vested in JW Homes, LLC its
successors or assigns. It is further resolved that payment of just and adequate compensation
there for be made to the person or persons entitled to such payment. The Mayor is authorized
to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of
Taking and Petition for Condemnation.
RESOLVED this 4TH day of May, 2015.
Sudie AM Gordon, City Clerk
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