HomeMy WebLinkAboutResolutions 19-04-506 - 04/08/2019 - MCC Golf Cart EasementsSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 19-04-506
A RESOLUTION TO DISPOSE OF CERTAIN GOLF CART 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 "golf cart easement" of varying
width 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 certain of these golf cart easements, as specified more fully below;
WHEREAS, other than the City of Milton and the servient estate property owners, there
are no other abutting owners with an interest in the subject easements;
Page 1 of 3
WHEREAS, certain of the golf cart 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
easements specified below to the abutting property owners, 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 cart easements depicted on Lots 11, 11A, and 12 of Wood Valley Subdivision,
Unit Two; Lots 1, 2, 3, 4, 5, 6, 14, 67, 81, and 82 of Wood Valley at the Country Club of
North Fulton, Unit One; and Lots 22, 26, 27, 28, 29, 30, 31, 32, and 33 of Wood Valley at
the Country Club of North Fulton, Unit Three, as more particularly shown 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 cart
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 8"' day of April, 2019
Attest: 57-3,11764,1
Sudie AM Gordon, City Perk
am
Page 2 of 3
11
Exhibit A
Property Survey Depicting Golf Cart Easements
Page 3 of 3
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