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Home My WebLink AboutResolutions 19-06-509 - 09/03/2019 - correct Mins of 12.16.13 meeting RZ13-16/VC13-06STATE OF GEORGIA RESOLUTION NO. 19-06-509 COUNTY OF FULTON A RESOLUTION TO CORRECT THE MINUTES OF THE DECEMBER 16, 2013 REGULAR MEETING OF THE CITY COUNCIL AND TO CORRECT THE ORDINANCE APPROVED BY THE CITY COUNCIL WITH RESPECT TO REZONING AND VARIANCE APPLICATION RZ13-16NC13-06 SUBMITTED BY ARROWHEAD REAL ESTATE PARTNERS IN ORDER TO ACCURATELY REFLECT THE DISCUSSION, ACTIONS AND DECISIONS OF THE CITY COUNCIL AT THE MEETING WHEREAS, on December 16, 2013, the Mayor and City Council of the City of Milton (the "Council") met in regular session to consider business properly before it; WHEREAS, at the Council's December 16, 2013 regular meeting the Council considered a rezoning application with a concurrent variance submitted by Arrowhead Real Estate Partners given application number RZ13-16NC13-06, considered Agenda Item No. 13-286 and shown as Zoning Agenda Item # 1 ("Arrowhead Application"); WHEREAS, upon review of the December 16, 2013 meeting video, it appears that the minutes do not accurately capture the discussion of the Council at the meeting with respect to the Arrowhead Application; WHEREAS, upon review of the December 16, 2013 meeting video, it appears that the minutes do not accurately capture the actions of the Council at the meeting with respect to the Motion and Vote on the Arrowhead Application insofar as the Motion and Vote on the Arrowhead Application occurred as follows: Motion and Vote: Councilmember Lusk moved to approve Agenda Item 13-286 as recommended by Staff with the following conditions: • Section (1)(b) — No more than 27 total dwelling units at a maximum density of 2.97... • Section (3)(e) — Minimum heated floor area per units — 2,800 square feet, minimum average would be 3,000 square feet. • Section(3)(h) — Minimum side yard setback — 7 feet. • Remove Section (3)0) which results in denial of VC13-06. • Section (3)(1) — After "City Architect" add the verbiage "with a minimum of 7 homes to have front brick elevations and 360 -degree architecture." Councilmember Kunz seconded the motion. The motion passed (5-2). Councilmember Mohrig and Councilmember Hewitt were opposed. Page 1 of 9 WHEREAS, the purpose of official minutes is to accurately reflect the actions and decisions of the meeting by the agency for which they are prepared; WHEREAS, the Council desires to amend the minutes of the Council's December 16, 2013 meeting in order to fully and accurately capture the actions of the Council with respect to the Arrowhead Application; WHEREAS, the Council desires to correspondingly correct Ordinance No. 13-12-192 to read as shown in Exhibit `B" in order to fully and accurately reflect the decision of the Council with respect to the Arrowhead Application; and WHEREAS, this corrective action by the Council is not an amendment to zoning such as requires adherence to the Zoning Procedures Law and/or applicable zoning requirements of the City of Milton Code; rather, this action is merely administrative in nature to ensure that the minutes and related Ordinance pertaining to the Arrowhead Application accurately reflect what transpired at the meeting. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The minutes of the December 16, 2013 regular meeting of the Mayor and City Council of the City of Milton are hereby deemed amended and corrected to incorporate the language attached hereto as Exhibit "A" beginning with Mayor Lockwood's comment "going once" through and including the final statement by Mayor Lockwood: "Okay, any other discussion? Alright, all in favor please say aye. Any opposed? (Councilmember Hewitt and Councilmember Mohrig raised their hand) That's S in favor, 2 opposed;" 2. The Clerk is hereby authorized to physically place an asterisk on the December 16, 2013 regular meeting minutes - at the agenda item pertaining to the Arrowhead Application - that provides that the meeting minutes and related Ordinance are deemed amended and corrected by and through the present Resolution, with the asterisk text providing sufficient cross-reference information that a reviewing party can easily locate the present Resolution (such as, "See Resolution No. 19-06-509 which corrects the Minutes pertaining to below agenda item 13-286."); 3. The minutes of the December 16, 2013 regular meeting of the Mayor and City Council of the City of Milton are hereby further deemed amended and corrected to revise the "Motion and Vote" portion of the Council's consideration of the Arrowhead Application to read: Motion and Vote: Councilmember Lusk moved to approve Agenda Item 13-286 as recommended by Staff with the following conditions: • Section (1)(b) — No more than 27 total dwelling units at a maximum density of 2.97... • Section (3)(e) — Minimum heated floor area per units — 2,800 square feet, minimum average would be 3,000 square feet. • Section(3)(h) — Minimum side yard setback — 7 feet. • Remove Section (3)0) which results in denial of VC13-06. Page 2 of 9 • Section (3)(1) — After "City Architect" add the verbiage "with a minimum of 7 homes to have front brick elevations and 360 -degree architecture." Councilmember Kunz seconded the motion. The motion passed (5-2). Councilmember Mohrig and Councilmember Hewitt were opposed. 4. The Clerk is hereby authorized to physically place an asterisk on the December 16, 2013 regular meeting — at the location of the actual motion regarding the Arrowhead Application - that provides that the meeting minutes, text of the pertinent motion, and related Ordinance are deemed amended and corrected by and through the present Resolution, with the asterisk text providing sufficient cross-reference information that a reviewing party can easily locate the present Resolution (such as, "See Resolution No. 19-06-509 which corrects the Minutes pertaining to below agenda item 13-286."); 5. Ordinance No. 13-12-192 is hereby corrected to read as shown in Exhibit `B" in order to fully and accurately reflect the decision of the Council with respect to the Arrowhead Application. 6. Notwithstanding the adoption of this corrective Resolution, the date of the conditional approval of the Arrowhead Application shall be and remain December 16, 2013. 7. Other than the asterisk(s) and cross-referencing text identified above, no other modification of the December 16, 2013 minutes is authorized by this Resolution. SO RESOLVED, this 16th day of June 2019. Joe Loc w od, Mayor Attest: Sudie AM Gordon, Ci Clerk 1 Page 3 of 9 Mayor Lockwood Exhibit A Going once. Councilmember Lusk Let me figure out how to craft this. Mayor Lockwood Alright, Bill. Councilmember Lusk I make a motion to approve RZ 13 -16/North, without VC13-06, Northeast corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to rezone from AG -1 Agricultural to NUP Neighborhood Unit Plan to develop 27 single family homes at a density of 2.86, 2.97 units per acre. Two, with a seven -foot side setback, 2,800 square foot minimum heated living area with a 3,000 square foot average heated living area, 25% of the units to be 3 sides brick... Councilmember Thurman Conditions as stated by staff in the report Councilmember Lusk And the conditions other conditions stated by... Mayor Lockwood And, can I make a clarification? Councilmember Longoria Yea go ahead. Councilmember Mohrig You need to deny the.... Page 4 of 9 1 Mayor Lockwood I think the 2,800 to 32, you know, was the range, I don't think that, you know, in the discussions that we heard, a 3,000 average it was 2,800 to 3,200 to 2,800 being the minimum. Councilmember Lusk Okay. Councilmember Longoria Bill, the other question I would ask is do we really want to get into explaining or deciding what materials were going to be used. I thought that the conversation opted out at let the builder build something, a product that's going to sell as opposed to try to dictate what's going to sell but, I mean, it is your motion, you do what you want. Councilmember Lusk Oh, I think Mr. Hicks, and correct me if 1 am wrong, agreed to 25% of units to be 3 -sided brick. Is that correct, sir? Curtis Hicks, applicant Basically, it's a mixture of materials it be at least 25% will have brick fronts and they may have cedar shake on other sides around them, but we had agreed just to be brick fronts with again the Crabapple product has been approved by the staff it has some siding and some cedar shake as a combination of elements wrapping the house. Councilmember Mohrig Question. Mayor Lockwood You could do a 25% parts you know if could be a brick or stone, you know. Councilmember Mohrig And, Bill are you going to suggest that we deny the variance of the width between the homes reducing.... Page 5 of 9 Councilmember Lusk I am going to address that.... Councilmember Mohrig Okay. Councilmember Lusk So, going back to clarify 25% of the units to have brick fronts. Curtis Hicks Correct, brick elevations, yes, front elevation, brick on front elevation. Councilmember Lusk Front elevation and you captured that. Mayor Lockwood You want to restate it Bill? Let's clean it up and let's restate it. City Manager Lagerbloom Could you yea give me 60 seconds to kind of summarize the thoughts of what I think he just did, and I'll try to read back what I think we captured that would make it that would capture your motion. And, I'll start that then I'll have Ken maybe explain how you can get rid of, if you want to, the variance. I think what I heard you say was to approve RZ13-16 with staff's recommended conditions amending condition 1(b) to change the number 28 to number 27, to change 3.08 to 2.97, further amending 3(h) to change 5 feet to 7 feet, further amending 3(e) by adding that the average square footage would be a minimum of 3,000 square feet, and changing 3(1) to include after assistance from the city architect with a minimum of 7 seven homes having brick elevations. I will turn it over to the city attorney as to how you could structure doing away with the variance. Councilmember Lusk Excuse me, could you clarify the 3,000 square foot number? I believe you said 3,000 square foot average. City Manager Lagerbloom Page 6 of 9 I think that's what I heard you say. Councilmember Thurman A 2,800 square foot minimum with 3,000 square foot average. City Manager Lagerbloom Correct, yes, to keep it as it was but add to it that, add to the 2,800 square feet minimum that an average would be 3,000. Mayor Lockwood Kathy, do you want to just clarify because I know there was some conversation and I think you had said 2,800 minimum, and again I'm... Kathy Field Yes, our condition was 2,800 minimum the technical report that Curtis quoted me saying which is contained in there says that it would be an average of 3,000 because there would be a minimum of 2,800 and up to 3,200. If I might also in terms of the brick, I think that what needs to be captured is front brick elevation and then or alternatively is the city architect sitting behind me has suggested is that we just put in there something along the lines of a mandated 360 architecture so that all sides are designed and captured so there is no back side or whatever so that is another alternative just to put into the mix. City Manager Lagerbloom So, I guess I just need to hear you articulate what you're intending to do and then we will put the words around it. Councilmember Lusk I agree with Kathy's last explanation and definition of the use of brick. City Manager Lagerbloom Okay, so let me take one more stab at this then. So, I believe the motion would be to approve RZ13-16 and deny VC13-06 with the following amended conditions: to make condition 1(b) to change the number 28 to 27 and to change 3.08 to 2.97, further amending condition 3(h) to change the number 5 to the number 7, further changing condition 3(e) by adding after the minimum heated floor area per units of 2,800 square feet to include a minimum average of 3,000 Page 7 of 9 square feet and amending 3(1) to indicate that after the words with the assistance from the city architect, to have a minimum of 7 homes have front brick elevations. Councilmember Thurman And, 360 -degree architecture... City Manager Lagerbloom And, 360 -degree architecture. Mayor Lockwood Which to clarify, I think means all sides would be equal.... City Manager Lagerbloom It would have to have architectural review. Mayor Lockwood Okay. Is that your motion? Councilmember Lusk That is my motion. Mayor Lockwood Okay, do I have a second? Councilmember Kunz Second. Mayor Lockwood Okay, we have a motion as read into the record from Councilmember Lusk and a second by Councilmember Kunz. Is there any discussion? Page 8 of 9 1 Councilmember Hewitt I've just got one thing to say. Four or five years ago we passed a sewer map and this lot wasn't included on it and I supported that map and in the past when we have had others that have come forward, I haven't supported those and for that reason I won't support this one either. I do think it is a little too dense. I don't think I have heard from the neighbors arguing that they can see the roof tops or any of that kind of stuff so that's why I am not going to support it. Mayor Lockwood Okay, any other discussion? Alright, all in favor please say aye. Any opposed? (Councilmember Hewitt and Councilmember Mohrig raised their hand) That's 5 in favor, 2 opposed. Page 9 of 9 1 EXHIBIT B STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-12-192 PETITION NO. RZ13-16NC13-06 A CORRECTED ORDINANCE TO REZONE FROM AG-1(AGRICULTURAL) TO NUP (NEIGHBORHOOD UNIT PLAN) FOR A 27 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED AT THE NORTHEAST CORNER OF BETHANY BEND AND COGBURN ROAD CONTAINING 9.0911 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 17, 2019 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at the Northeast Corner of Bethany Bend and Cogburn Road, consisting of a total of approximately 9.0911 acres as described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 832 of the 2°a District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 24 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance, which reflect correction pursuant to Resolution No. 19-06- 509. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 17th day of June 2019. Page 1 of 13 1 1 1 Attest: Sudie AM Gordon, City Cr"rk Page 2 of 13 Approved: Joe Locl ood, Mayor 1 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Bethany Bend Road with a frontage of approximately 1,371 feet should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner's agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 27 total dwelling units at a maximum density of 2.97 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 12, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Page 3 of 13 3) To the owner's agreement to the following site development considerations: a) Minimum lot size - 4,750 square feet b) Maximum building height - 40 feet c) Minimum lot width- 47 feet d) Minimum lot frontage - 45 feet e) Minimum heated floor area per units - 2,800 square feet, minimum average of 3,000 square feet. f) Minimum front yard setback - 20 feet g) Minimum side yard setback adjacent to street- 10 feet h) Minimum side yard setback- 7 feet i) Minimum rear yard setback- 20 feet j) Provide a 20 foot wide landscape strip along Bethany Bend and Cogburn Road interior to the 10 foot Milton Trail, landscape design along Bethany Bend and Cogburn Road shall be substantially consistent with the renderings submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. i) Provide an equestrian style, four or five board fence not to exceed 55 inches in height interior to the Milton Trail. ii) Provide a minimum five (5) foot pervious walkway along the front of homes adjacent to Bethany Bend Road (interior to equestrian fence) and provide interconnectivity with the Milton Trail as approved by the Community Development Director. k) Construction and design of residential structures shall have 360 -degree architecture and substantially consistent with the photos submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect, with a minimum of 7 homes to have front brick elevations All single-family residential structures will be reviewed and approved by the Community Development Director with assistance from the City Architect. 1) All front porches shall be a minimum of eight (8) feet in depth. m) All structures located on a corner shall provide additional architectural design of elevations facing the secondary street/driveway as approved by the Community Development Director with assistance from the City Architect. Page 4 of 13 n) Provide a 75 foot undisturbed natural buffer and 10 foot wide improvement setback along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility and limited grading as shown on the grading plan received by the Community Development Department on November 18, 2013. In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. p) Provide a maximum eight (8) foot equestrian style fence wrapped with hog wire along the north property line or as needed to avoid specimen trees. q) The subject site shall not be allowed to be a "sending" or "receiving" area for "Transfer of Development Rights. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013. Graded areas shall be replanted as approved by the City Arborist. 4) To the owner's agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following as required and approved by the Public Works Department: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Road a. Modification to signal mast arm (match existing in like kind) at northeast corner intersection to accommodate turn lane and sidewalk improvements 2) East Bound Left Turn Lane on Bethany Bend at new Page 5 of 13 access drive 3) West Bound Right Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross -access easement free of any structures or above ground utilities for future vehicular and pedestrian inter -parcel access on the east property line as required and approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan and the proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. Reservation shall be approved by City of Milton Public Works Department. d) The 130 foot wide greenway/passive park along Coburn Road shall remain undeveloped with residential structures and be included as "Common Area" in the final plat. In addition, the future owner shall make the "Common Area" a permanent conservation easement. e) Apply deed restrictions to the "Common Area" preventing future sewer easements through said property. f) Relocate above ground power line to an underground easement and new power service to 13965 Cogburn Road with no interruptions. 5) To the owner's agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five -board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or Page 6 of 13 1 1 Page 7 of 13 deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. 11 [1 1 1 1 1 1 1 1 1 1 1 1 1 Page 8of13 I � EFS 4 'APPROX. _c\ 0 4 ^I 1 IPF 1/2 OT' 30'R., IJ _ It PPAO'i. ll. I / '3.99, t05 y i \� Lndat Co RoadCtAND ENGINEERS COLLABORATIVE � MMORE� �,CNLD fxO�lHU�G.IAIO LIIVfYNL x REVISED SITE PLAN SUBMITTED ON NOVEMBER 12, 2013 "kAREJ L --RANNER 1pf,i/2-Rg /W m '> PROJECT CONTACT BRYAN FLINT@ 404-867-3572 N— r ForMW MARY N y MARO AN N.. Formerly DEW P�, N W NRY RAMES ARAN NAIR R PPRAMESWARAN NAI -"IN�f�RA?K'U=' E;� PG. 31) 550 3! ,A2 % — — — — — — ir P� i "Milli T AREA THIS -I?ACT: 9396010 SF r .091'1 ACRES ,0 OF Ulf aI P, "I T�-c lU3NMSl0,l%TS: GRADING CONCEPT PLAN SCAM 1'-w mm S"- -MM Gl m SITE LOCATION MAP (NTS) + PROJECT CONTACT BRYAN FLINT@ 404-867-3572 N— r ForMW MARY N y MARO AN N.. Formerly DEW P�, N W NRY RAMES ARAN NAIR R PPRAMESWARAN NAI -"IN�f�RA?K'U=' E;� PG. 31) 550 3! ,A2 % — — — — — — ir P� i "Milli T AREA THIS -I?ACT: 9396010 SF r .091'1 ACRES ,0 OF Ulf aI P, "I T�-c lU3NMSl0,l%TS: GRADING CONCEPT PLAN SCAM 1'-w mm S"- -MM Gl m BETHANY BEND Q COGSURN RD '� O , r E rx px '� ` _ I _ — *4. T F tea M, a 31) O O ARROWHEAD REAL oii lMF�-_ � NE5'02'!5'L 60 67' - - N89'lD�2D" >S` 49 .37' _� - NH7'30'23'E 50-- = C - - - -- - _-� = -- - - C ESTATE PARTNERS trmowi,•,, - , '�-_, �T ,� �, -. I - 3 50 RAE CaRr- _. ----- $UE 100 NOw0106S. GA M092 . 404.86%3572 PLANNERS AND I°NuNEERS 350 RmAeai Cann NORMS, GA 30D92 �'�'•Q -_ 11. 1' 770451-2741 i �rrh' PUN VIEW ws STREETSCAPE AND PARR ALONG PRIVATE ROAD SECTION A Nor Tu S_ SPLIT RAIL FENCE WITH STONE COLumNS ALONG BETNANV BEND Na T� 5uu 1 I IAiSECTnION Ss_ I— Ann F,B Ppepn L/[ ' ]O' I.•nor,wxn Zae 75' Lrwovwrt 0urnPwwry W ]n' Iwwo ]m T6' lroM+re Bw.a I PF�onv la[ Z 0 93W W W ...a M r W CN 0 N LU M V� ZLULU W co LL.m W LA_W 0 W Z m wW E.L Q V N Z Q J 1 1 [J Proposed Architecture submitted on November 13, 2013 Proposed Architecture submitted on November 13, 2013 Page 11 of 13 1 i 1 Proposed Architecture submitted on November 13, 2013 Page 12 of 13 LEGAL DESCRIPTION AN that tract or parcel of land lying and being located In Land -ot i132 of the 2nd District, 2nd Sectlo-i, City of Mllto % Fulto:l County, feorala, being more particularly described as Mltows: Beginning at a 1' open top pipe at the corner common to l and lots -10S.826,811 and 837, said point being the TRUE P631PJT Or 13--G INNING; thence, 501'00'06* E e distance of 237.86 feet ton point on the northern R/W of Bethany Bend 130' from center); thence, Westerly, the 1`511aving courses and distances a!nr,g llwhany Bend: N 75'54'10" W a distance of 2.45 feet to r point; thence, N 79'34'24" W a distance of 53.28 fret to a point; thence, N 83'54'45" W a clstance of 51.19 feet to a paint;11'ence, N 68'12'51" W a distance of 53.09 feet to a point; thence, 5 87'43'25" W a distance of 52 72 `eet to a point; thence, S 83'31'29" W a disti+ncr ur51,26 feel to a point; Illtritt:, S 79'49'70" W d dIAMIte td 50,00 feel to a point; thence, 5 77'27'21" W a distance of 50,45 Net to a point; thence, S 76'31'36" W a distance of 50.03 feet to a point; then", S 76°01'10" W o iistance of 14G57 feet to a point; thc1ce, S 75'44'47" W a distance of 14?.63 feet to a point, thence, S 76'16'01' W a distance of 15095 feet to a po nt; .hence, S 77'44'10" W a distance of 149.40 feet t7 a point; thence. S 77`38'11" W a distance of 151.10 feet to a point; thence, 5 77'21'56" W a distance of 168.26 feet to a point at the RrW ntersectlor, of the Kortherly RIW cf Bethany Bend (36' from center) and the Easterly RJW of Cegburn Foad (30' from cL-nler}; thence, Northe iy, the followir,; courses and distances along [ohburn Road= N CO'36' 12" W a dlstanceof 32.95 feet to a point; thence, N 00'36'12" W a distance of 99A6 feetto a point; thence, N 00'59'40' W a distance of 101.01 feet to a point; thence, N 01'01'41" W 3 distance of 100.87 feel to a point; thsnce, N 00'59'06"'N a distance of 302,97 feet to a point; thence, deparringsaic R/'N, ff R9'07'4ri' Fa rlictnnrp of 7raw feet to a 1 f7"npen Mp pipe; theme, h 99'40'70" F a rftclanro of 441.17 fret :o a 1" Uinlp top 1>ipr; the gee, N 87"30'23" E e distance ur 550,35 feel to Ur. TRUE 301NT OF 2EGINNI\G Said tract contains 7.0911 Acre; RZ13-16 RECEIVED OCT 0 2 2013 CITY OF M 11 -TO N COMMUNHY DEVELOPMENT x-06 Page 13 of 13 1 1 1 LEGAL DESCRIPTION All that tract or parcel of land I},ing and being located In Land .,ot d32 of the 2nd District, 2nd Se_tlo% City of MIIto 1, Fulton County, Ceoraia, being more particularly described as follows: eeglnnln a at a i' open top pipe at the corner common to Land tats 1125, 825.831 and 932, Bald point being the TRUE POINT or 13MINNING; thence, 501'00'06' Es dMence of 237.811fret to a point on the northern R/W of eedhar5, Bend (30' from center); thence, Westerly, the foliaving courses and distances along 11whany Bend: N 75.54'10" W a distance of 1.45 feet to a pointe thence, N 79'34'24' W a distance of 53,28 feet to a point; thence. N 83'5445" W a Clstance of 51,19 feet to a point; tf ence, N 6812'51" W a distance of 53.09 feet to a point; tkence, S 67'43'25" W a distance of 52 72 �Cetto a point; thence, 5 83"31'39" W a diftancr of 51,26 Net to a pulm; Iherntx, S 79'4720" W a dibtaf .e t -r 50,00 feet to u point; thence, 5 77'27'21" W a distance of 50.x5 feet to a point thence, S 76'31'36" W a distance of 50.03 feet tc a point; thence, 5 76'81'10" W a distance of 146.57 feet to a point; thrice, S 75.4447" W a distance of 147.63 feet to a point thence, S 76'16'01' W a distance of 15095 feet to a point; :hence, S 77.4b'10" W a distance of 149.40 feet to a point; thence, S 773811" W a distance of 151.10 feet to a point; thence, 5 77'21'56"',y a distance of 168.26 feet to a point at the RMr ntersectior, of the Northerly R/W rf Bethany Bend (30' from center) and the Easterly R/W of Cogburn Foad (34' from Crider); thence, Northe -ly, the followlr,g courses and distances along Cogburn Road_ N CW35' 12' W a distance of 32.95 feet to a point; thence, N 00'36'12" W a distance of 99A6 feet to a point; thf rlwe, N M'S9'40" W a distance of 101.01 feet to a point; thence, N 01'01'41" W i distance of 100.87 feet to 0 point; thence, N W'59'06"'N a distance o1102.97feet to a point; thence, clepartinguwc R/1Al, H R9'07'45' F a HIMsnre! of 760.52 feet to a 1 /7" open tnp pipe; theme, N R9'40'7n" Fa dKianrp of 441. a7 feel .0 a 1" comp top pipe; the ice„ N 87'33'23" E ,t di"arw a of 550.35 fccl to dN_ TRUE'DINT OF I?EGINNI \G said tract contains 0.0911 Acrc:_ ! �16 6 Page 22 of 22 RECEIVED OCT 0 21013 CITY OF MILTON COMM UNIFY DEVELOPMENT