HomeMy WebLinkAboutRESOLUTION NO 15 07 345STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-07-345
A RESOLUTION RATIFYING CONFIRMATION OF TRANSFERABLE
DEVELOPMENT RIGHTS BETWEEN ROBERT A. BRANNON
AND THE CITY OF MILTON, GEORGIA
BE IT RESOLVED by the City Council of the City of Milton, Georgia, while in regular session
on the 20th day of July, 2015 at 6:00PM, as follows:
WHEREAS, on June 25, 2015 , the Mayor of the City of Milton executed a document entitled
"Confirmation of Transferable Development Rights," a copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, the City Council of the City of Milton finds the Confirmation of Transferable
Development Rights to be in the best interest of the public health, safety, and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MIL TON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF
SAID COUNCIL:
The City of Milton does hereby ratify the Confirmation of Transferable Development Rights
attached hereto as Exhibit "A" and execution of the same by the Mayor of the City of Milton on
June 25, 2015.
RESOLVED this 20th day of July, 2015.
Attest:
Sudie AM Gordon, City Clerk
..
CROSS REFERENCE TO:
RETURN TO:
Deed Book 50644, Page 97,
Deed Book 51741, Page 294, and
Deed Book 53269, Page 543.
Fulton County, Georgia Records.
STATE OF GEORGIA
COUNTY OF FVL TON
AFTER RECORDING,
Mr. Robert A. Brannon
15144 Taylor Road
Milton, Georgia 30004
CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS
THIS CONFIRMATION OF TRANSFERABLE_~VELOPMENT RIGHTS
(herein referred to as this "Conf1m1ation'') is made this ~y of June, 2015, by and
between ROBERT A. BRANNON, his personal representatives, beneficiaries, heirs,
successors, and assigns, having an address at 15144 Taylor Road, Milton, Georgia 30004
("Brannon") and THE CITY OF MIL TON, GEORGIA, a political subdivision of the
State of Georgia. its successors and assigns having an address at 13000 Deerfield Parkv..-ay,
Suite 107, Milton, Georgia 30004 ("Milton").
WITNESSETH:
WHEREAS, in accordance with the City of Milton's Transferable Development
Rights Program, Chapter 64, Article XIX, Section 1.7.1, et seq., of the City of Milton,
Georgia Municipal Code (the "Milton Code"), Brannon has subjected 5.00 acres more or
less to a conservation easement (the "Conservation Easement Property'"')~ and
WHEREAS, as material inducement for Brannon subjecting the Conservation
Easement Property to the easement, Brannon bas applied to Milton for, and Milton has
granted to Brannon, five (5) transferable development rights (collectively, the "TDRs" and
individually, a ''TDR"}; and
WHEREAS, Brannon is the owner of that certain improved real property as more
particularly described on Exhibit "A," attached hereto and incorporated herein by this
reference (the "Property"): and
(CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS
CONTINUES ON FOLLOWING PAGE.]
, · ·EX:t:IIBIT . · . ···.A
. ..:· . ··:-.
LCONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS
CONTINUED FROM PREVIOUS PAGE.)
WHEREAS, Brannon and Milton desire to confinn and evidence the creation of
TDRs from the Conservation Easement Property through recording this Confinnation in the
Real Estate Records of the Clerk of Superior Court of fulton Count. Georgia.
NOW, THEREFORE, tor and in consideration of the sum of Ten and No! I 00
dollars and/or other good and valuable consideration in hand paid, the receipt whereof is
hereby acknowledged, the undersigned parties acknowledge, covenant and agree as follows:
As of the date hereof, Milton has approved the Conservation Easement Propeny as
an open space sending site pursuant to Chapter 64, Article XIX, Section 1.7.3, of the
Milton Code, and any subsequent ordinance regulating IDRs (collt:ctivdy, :said code and
all amendments, replacements or any subsequent ordinances are referred to as the "TDR
Program") that Milton may adopt from Lim~ tu time. In accordance with the TOR
Program, Milton acknowledges and agrees that Brannon has been issued five (5) TDRs.
Milton further iiCkoowledges and agrees that Brannon may at any time, and from time to
time, for purposes of the TOR Pr0!,'11l111, transfer one or more TDRs (including partial
TORs comprising less than one (1) whole TOR) to a TOR receiving site in accordance with
the TDR Program and without the necessity or requirement of Brannon making and
entering intQ any recQrdable instruments with the purchascr(s) of the TDRs. The City
makes no representations ·with respect to the legal requirements for documentation and
notice of transfer of the TDRs other than with respect to compliance with the TDR
program.
IN WITNESS WHEREOF, Brannon and Milton have executed this Confinnation
as of the day and year ftrst above written.
BRANNON:
Robbie A. Brannon
Si ed, sealed, and delivered in the presence of:
(Notary Seal)
[SJGNATURES CONTINl1ED ON FOLLOWING PAGE.]
CITY OF MILTON:
CITY OF MILTON, :;:litical su4?Me of Georgia
[ts: M---1 ,./"'
u, sealed and delivered in the presence of:
r
My Commission Expires: .JJCviJ'Y1bef l L ~Q L5
[SIGNATURES CONTINUED ON FOLLOWING PAGE.]
-----------------------------------~
Branch Banking and Trust Company ('•BB&T") joins this Confirmation for the sole
purpose of acknowledging and consenting to the creation and recording of this
Confirmation. .
BRANCH BANKING AND TRUST COMPANY
ayC\s~n '""'roro c..e Name:C:o.,~r·~ e. Sc:.n-...01 m f'l'""l Q.Q_
Title: lf'~JO'-'ce..:\-Lee.~~ P..vfl
Signed, sealed and dt:livered in the pr~eoce uf;
~~ Unofficial Witness ___________ _
My Commission Expires:
(Notary Seal)
[SIGNATURES CONTINUED ON FOLLOWING PAGE.]
Mortgage Electronic Registration Systems, Inc. as nominee for Branch Banking and Trust
Company ("MERS") joins this Confirmation for the sole purpose of acknowledging and
consenting to the creation and recording of this Confirmation ..
MORTGAGE ELECTRONJC REGISTRATION SYSTEMS, INC.
as nominee for Branch Banking and Trust Company
By: '1-~-
Name: metre, C{.
Title: V . P.
Signed, sealed and delivered in the presence of:
Notary Public c:o:;l'=jl\ 'fj;.rbu..S
STATEOF~~
COUNTY OF~ ly
M..l:.fommission Expires:
~ t0 1 .;).etC\
(Notary Seal)
[END OF SIGNATURE PAGES TO CONFIRMATION OF TRANSFERABLE
DEVELOPMENT RIGHTS]
[EXIDBIT BEGINS ON FOLLOWING PAGE.]
EXHIBIT A
DESCRIPTION OF BRANNON PROPERTY
All that tract or parcel of land lying and being located in Land Lots 561 and 562, District 2,
Section 2. Fulton County. Georgia. within the City of Milton. and being more particularly
described as follows:
Beginning at an iron pin found (I" CJT) at the northwest corner of Land Lot 562. said
comer being the common comer of Land Lots S 18. 519. 562, and 563;
THENCE South 88 degrees 30 minutes 50 seconds East for a distance of 568.65 feet
along the north line of Land Lot 562 to a point;
THENCE continuing. South 88 degrees 30 minutes 50 seconds East for a distance of
740.32 feet along the north line of Land Lot 562 to an iron pin found (I" orr, tall) at the
northeast comer of Land Lot 562, said comer being the common comer of Land Lots 519,
520, 561. and 562;
THENCE leaving said north I ine of Land Lot 562, South 02 degrees 09 minutes 10
seconds West for a distance of 414.00 feet along the east line of Land Lot 562 to an iron
pin found (3/4" C/T);
THENCE leaving said east line of Land Lot 562, South 87 degrees 09 minutes 31
seconds East for a distance of686.52 feet to an iron pin found (2 .5" pipe, tall);
THENCE South 06 degrees 54 m inutcs 21 seconds East for a distance of 163.12 feet to
an iron pin fotmd (1/2" RIB);
THENCE South 86 degrees 01 minutes 50 seconds East for a distance of 385.52 feet to
an iron pin found (1" Cf f) on the west right of way line of Old Taylor Road (a 30' RJW);
THENCE South 13 degrees 38 minutes 44 seconds West for a distance of 66.70 feel
along the west right of \vay line of Old Taylor Road (a 30' RJW) to an iron pin found (112"
R/13);
THENCE leaving said west right of way line of Old Taylor Road, North 27 degrees 56
minulc::s 44 seconds \Vest for a distance of 49.57 feet to au iron pin found (1 /2" RID);
THENCE North 86 degrees 07 minutes 39 seconds West for a distanc-e of 336.69 feet to
an imn pin found (1/2" RIB);
THENCE North 46 degrees 36 minutes 27 seconds West for a distance of 38.24 feet to
an iron pin found (1/2" RiB);
THENCE North 07 degrees 05 minutes 38 seconds West for a distance of 124.48 feet to
an iron pin found (1 /2" RIB);
TIIENCE North 47 degrees 08 minutes 54 seconds West for a distance of 19.29 feet to
an iron pin found ( 112" RiB);
1HENCE North 87 degrees 08 minutes 50 seconds West for a distance of 655.65 feet to
an iron pin found ( 112" RIB);
THENCE North 80 degrees 39 minutes 25 seconds West for a distance of 400.03 feet to
an iron pin found ( 112" RIB);
THENCE North 68 degrees 29 minutes 18 seconds West for a distance of 413.97 feet to
an iron pin found ( 1/2" RIR);
THENCE South 55 degrees 08 minutes 18 seconds West for a distance of 471 .61 feet to
an iron pin found (1/2" RIB):
THENCE North 51 degrees 49 minutes 59 seconds West for a distance of 173.97 feet to
an iron pin found {1 /2" R/B) on the west line of land Lot 562;
TH E~CE North 01 degrees I 8 minutes 40 seconds East for a distance of 420.78 feet
along the west line of Land Lot 562 to an iron pin found ( l" CIT) at the northwest comer of
Land Lot 562 and the point ofbegirming.
Together with and subjet:t to covenants, easements. and restrictions of record.
Said property contains 12 .090 acres and is more fully shov.11 as Tract "A" and Tract
"B" on a Survey for Robert A. Brannon. by Brumbelow-Reese and Associates. Inc., dated
January 26. 2015. revised 3-27-20 I 5. bearing their job number 2015-006, and being
identified as draw·ing BRANNON-TOR 1.