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Agenda Packet CC - 08/05/2019 - Regular Council Meeting Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, August 5, 2019 City Council Meeting Agenda 6:00 PM INVOCATION – Father Reginald Simmons, St. Aidan’s Episcopal Church, Milton, Georgia 1)CALL TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-165) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 5, 2019 Page 2 of 3 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the July 8, 2019 City Council Meeting Minutes. (Agenda Item No. 19-166) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending June 2019. (Agenda Item No. 19-167) (Bernadette Harvill, Finance Director) 3. Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. (Agenda Item No. 19-157) (Deferred at the July 22, 2019 City Council Meeting) (Sara Leaders, Interim Public Works Director) 4. Approval of an Amendment to an Agreement between the City of Milton and Civic Plus, LLC to Provide Registration Software and On-Line Payment Processing to Support the Operation of the Parks and Recreation Department. (Agenda Item No. 19-168) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Memorandum of Understanding between the City of Milton and Taylor Morrison of Georgia, LLC for Storm Water Facility Development and Dedication to the City. (Agenda Item No. 19-169) (Sara Leaders, Interim Public Works Director) 7) REPORTS AND PRESENTATIONS 1. Discussion of Property Tax Exemptions Relative to Greenspace Bond. (Ken Jarrard, City Attorney) 2. Discussion of Dockless Electric Scooters in the City of Milton. (Rich Austin, Chief of Police) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 5, 2019 Page 3 of 3 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of Resolution to Condemn Property Rights Needed for Hopewell Road at Thompson Road Roundabout Project (1.04 Acres of Fee Simple Right of Way; Owner: 158 Creamer Road, LLC). (Agenda Item No. 19-170) (Ken Jarrard, City Attorney 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Parks & Recreation 2. Police 3. IT 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-171) MILTON, ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE CITY COUNCIL AGENDA ITEM City Council DATE: July 30, 2019 Steven Krokoff, City Manager, Approval of the Financial Statements and Investment Report for the Period Ending June 2019. Monday, August 5, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (vKAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (4,NO CITY ATTORNEY REVIEW REQUIRED: () YES (INO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: 4� bi('0701 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info9cityofmiltonga.u5 I www.cityofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 28, 2019 for the August 5, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 9 – June 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.53% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $21,200,889 and are 6.42% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $14,653,037, capital expenditures-to-date total $6,284,633. Please note that the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,909,605 36,702 119,252 (82,550) 11,769,253 11,551,841 217,413 Motor Vehicle Tax 462,045 45,231 38,168 7,064 380,104 309,297 70,807 Intangible Tax 215,000 22,582 17,917 4,665 146,215 143,333 2,882 Real Estate Transfer Tax 100,000 7,245 8,333 (1,088) 63,095 66,667 (3,571) Franchise Fees 2,125,933 88,275 - 88,275 1,264,153 1,230,163 33,990 Local Option Sales Tax 9,350,000 799,760 779,167 20,593 6,479,336 6,233,333 246,002 Alcohol Beverage Excise Tax 310,000 36,138 25,833 10,304 218,215 206,667 11,548 Business & Occupation Tax 810,000 18,014 - 18,014 771,087 810,000 (38,913) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 45,738 - - - 45,738 35,726 10,012 Penalties & Interest 22,000 5,429 2,975 2,455 30,322 18,775 11,548 Alcohol Beverage Licenses 170,582 - 1,550 (1,550) 165,386 170,582 (5,196) Other Non-Business Permits/Licenses 24,900 5,101 2,049 3,052 31,933 18,345 13,588 Zoning & Land Disturbance Permits 75,350 42,750 6,279 36,471 107,555 56,510 51,045 Building Permits 335,000 22,741 33,500 (10,759) 248,655 241,200 7,455 Intergovernmental Revenue - - - - - - - Other Charges for Service 508,300 23,450 36,648 (13,198) 389,597 398,871 (9,274) Municipal Court Fines 350,000 35,875 29,155 6,720 334,004 262,395 71,609 Interest Earnings 276,000 38,330 6,331 31,999 331,383 256,977 74,406 Contributions & Donations 7,244 - - - 8,722 7,244 1,478 Other Revenue 65,448 3,424 4,541 (1,116) 61,493 51,789 9,704 Other Financing Sources 10,000 - - - 10,892 7,500 3,392 Total Revenues 29,173,145 1,231,047 1,111,697 119,351 22,857,140 22,077,215 779,925 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 13,184 23,053 (9,869) 101,954 129,437 (27,483) City Clerk 231,569 12,348 17,366 (5,018) 129,914 167,655 (37,741) City Manager 742,616 39,865 56,269 (16,404) 487,816 543,641 (55,826) General Administration 65,899 1,936 5,351 (3,415) 41,246 49,822 (8,576) Finance 554,705 29,639 33,752 (4,113) 371,845 425,501 (53,656) Legal 295,000 950 - 950 217,139 196,667 20,472 Information Technology 1,128,520 74,715 69,943 4,772 806,802 880,838 (74,037) Human Resources 326,577 27,773 22,582 5,191 207,596 248,517 (40,920) Risk Management 272,707 24,810 27,054 (2,244) 182,876 217,512 (34,635) General Government Buildings 222,928 12,649 16,029 (3,380) 147,181 174,762 (27,581) Communications 286,891 15,162 22,399 (7,236) 136,869 212,641 (75,772) Community Outreach & Engagement 137,324 7,075 8,796 (1,721) 85,329 105,693 (20,364) Municipal Court 463,582 41,350 43,136 (1,786) 321,260 348,916 (27,657) Police 5,153,840 348,666 377,131 (28,465) 3,439,581 3,838,707 (399,126) Fire 7,306,581 523,724 502,613 21,111 5,199,982 5,485,392 (285,410) Public Works 2,322,379 197,412 205,655 (8,243) 1,462,671 1,612,344 (149,674) Parks & Recreation 1,436,693 108,363 103,531 4,833 1,081,966 1,156,403 (74,437) Community Development 1,408,987 87,421 92,522 (5,101) 819,797 882,734 (62,936) Economic Development 258,509 19,814 16,064 3,751 175,879 195,526 (19,647) Debt Service 852,436 - - - 852,144 852,144 - Operating Transfers to Other Funds 7,399,275 822,744 822,744 - 4,931,043 4,931,043 - Operating Reserve 233,768 - - - - - - Total expenditures 31,279,015 2,409,600 2,465,989 (56,390)21,200,889 22,655,894 (1,455,006) Net Income/(Loss)(2,105,870)(1,178,552)1,656,251 Fund Balance - Beginning 10,271,476 10,271,476 Fund Balance - Ending 8,165,606 11,927,727 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ -$ 2,744$ 2,744$ Summer Event Vendor Fee - - - - Interest Revenues - 3 19 19 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 107 1,180 1,180 Total revenues 17,000$ 110$ 17,318$ 318$ EXPENDITURES Current: Special Events 104,348$ 856$ 75,689$ 28,659$ Total Expenditures 104,348$ 856$ 75,689$ 28,659$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 75,000 7,511$ 53,778 (21,222) Total other financing sources and uses 75,000$ 7,511$ 53,778$ (21,222)$ Net change in fund balances (12,348)$ (4,594)$ Fund balances - beginning 57,600 57,600 Fund balances - ending 45,252$ 53,006$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - 14,825 14,825 Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 27 27 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 3$ 18,351$ 18,351$ EXPENDITURES Current: Police 83,815$ -$ 8,150$ 75,665$ Total Expenditures 83,815$ -$ 8,150$ 75,665$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 10,201$ Fund balances - beginning 83,820 83,820 Fund balances - ending 5$ 94,021$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ 87,279$ 622,931$ (327,069)$ Total revenues 950,000$ 87,279$ 622,931$ (327,069)$ EXPENDITURES Current: Public Safety 950,000$ 87,279$ 622,931$ 327,069$ Total Expenditures 950,000$ 87,279$ 622,931$ 327,069$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ (0)$ Fund balances - beginning 0 0 Fund balances - ending 0$ 0$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 75,000$ 7,511$ 53,778$ (21,222)$ Total revenues 75,000$ 7,511$ 53,778$ (21,222)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 7,511$ 53,778$ (21,222)$ Total other financing sources and uses 75,000$ 7,511$ 53,778$ (21,222)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ -$ 71,264$ 71,264$ (38,736)$ Infrastructure Maint Penalty & Interest - - - 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - 8,700 - 8,700 8,700 - Tree Recompense - 3,328 - 3,755 3,755 427 Landfill Host Fees 150,000 48,000 - 24,692 24,692 (23,308) Interest Revenue - - - 229 229 229 Realized Gain or Loss on Investments - - - - - - Donation Revenue/Parks & Recreation - - - 17,000 17,000 17,000 Cell Tower Lease 79,404 79,404 1,719 60,166 60,166 (19,238) Insurance Proceeds/Public Safety - 8,175 16,916 27,571 27,571 19,396 Total revenues 339,404$ 257,607$ 18,635$ 213,742$ 213,742$ (43,865)$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ -$ 1,306$ 1,306$ 908,188$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 526,824 - 396,381 454,690 72,133 General Govt Bldg 482,739 482,739 - 437,393 437,393 45,347 Police 250,644 258,819 - 243,791 243,791 15,028 Fire 1,684,088 1,768,431 4,174 601,385 663,601 1,104,831 Public Works 7,081,087 7,576,370 1,483,010 4,099,015 5,514,161 2,062,209 Parks & Recreation 1,350,420 2,184,420 2,395 336,884 406,627 1,777,793 Community Development 611,668 682,177 3,486 168,478 442,832 239,345 Total Capital Outlay 13,096,726$ 14,653,037$ 1,493,065$ 6,284,633$ 8,164,401$ 6,488,636$ Excess of revenues over expenditures (12,757,322)$ (14,395,430)$ (1,474,429)$ (6,070,891)$ (7,950,659)$ (6,532,500)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 6,833,582$ 744,605$ 4,599,766$ 4,599,766$ (2,233,816)$ Transfers in from Capital Grant Fund - 75,000 15,000 30,000 30,000 (45,000) Transfer in from Impact Fee Fund/Parks - 3 - 3 3 - Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 6,808,414$ 759,605$ 4,629,769$ 4,629,769$ (2,178,645)$ Net change in fund balances (7,588,990)$ (7,587,016) (1,441,121)$ (3,320,890)$ Fund balances - beginning 7,587,016 7,587,016 7,587,016 7,587,016 Fund balances - ending (1,974)$ 0$ 6,145,894$ 4,266,126$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 7 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,671,839$ 1,768,793$ 5,139$ 1,756,901$ 1,756,901$ (11,892)$ Real Property Tax-Prior Year - - 147 305 305 305 Public Utility Tax-Current Year - 13,220 - 13,208 13,208 (12) Personal Property Tax-Current Year 28,684 28,684 2 28,234 28,234 (450) Personal Property Tax-Prior Year - - 10 60 60 60 Motor Vehicle Tax 8,903 8,903 765 7,348 7,348 (1,555) Penalties & Interest - Real Property - - 380 2,969 2,969 2,969 Penalties & Interest - Personal Property - - 0 113 113 113 Intergovernmental Revenues - - - - - - Interest Revenue (Regions)100,000 200,000 30,653 262,649 262,649 62,649 Interest Revenue (SunTrust)- - 3 155 166 166 Bond Proceeds - - - - - - Total revenues 1,809,426$ 2,019,600$ 37,099$ 2,071,941$ 2,071,952$ 52,352$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 20,359,167$ 5,786,972$ 11,026,315$ 11,039,665$ 9,319,503$ Bond Principal 810,000 810,000 - 810,000 810,000 - Bond Interest 899,375 899,375 - 899,375 899,375 - Total Capital Outlay 22,068,542$ 22,068,542$ 5,786,972$ 12,735,690$ 12,749,040$ 9,332,852$ Excess of revenues over expenditures (20,259,116)$ (20,048,942)$ (5,749,873)$ (10,663,749)$ (10,677,087)$ 9,385,193$ Net change in fund balances (20,259,116)$ (20,048,942) (10,663,749)$ (10,677,087)$ Fund balances - beginning 20,860,987 20,860,987 20,860,987 20,860,987 Fund balances - ending 601,871$ 812,045$ 10,197,238$ 10,183,899$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 8 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 6,000,000$ 558,231$ 4,466,180$ 4,466,180$ (1,533,820) Interest Revenues - - 87 552 552 552 Realized Gain or Loss (GA Fund 1)10,800 185,800 19,067 151,186 151,186 (34,614) Total revenues 6,010,800$ 6,185,800$ 577,385$ 4,617,919$ 4,617,919$ (1,567,881)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 12,369,842$ 52,785$ 498,676$ 3,757,622$ 8,612,220 Total Capital Outlay 12,369,842$ 12,369,842$ 52,785$ 498,676$ 3,757,622$ 8,612,220$ Excess of revenues over expenditures (6,359,042)$ (6,184,042)$ 524,600$ 4,119,243$ 860,296$ 7,044,338$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ -$ Net change in fund balances (6,359,042)$ (6,184,042)$ 4,119,243$ 860,296$ Fund balances - beginning 8,631,592 8,631,592 8,631,592 8,631,592 Fund balances - ending 2,272,551$ 2,447,551$ 12,750,835$ 9,491,889$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 9 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 162,350$ 162,350$ -$ 162,350$ 162,350$ -$ Recreation Trail Program - 200,000 - - - (200,000) Land & Water Conservation Grant - 200,000 - - - (200,000) LMIG Funds 405,528 405,528 - 405,528 405,528 0 LCI Funds - 96,000 - - - (96,000) Interest Revenues - 100 22 189 189 89 Contributions & Donations - - - - - - Total revenues 567,878$ 1,063,978$ 22$ 568,067$ 568,067$ (495,911)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 1,116,514$ 1,041,514$ -$ 36,301$ 512,917$ 528,596$ Parks & Recreation - 641,693 - 4,550 4,550 637,143 Community Development - 120,000 - - - 120,000 Total Capital Outlay 1,116,514$ 1,803,207$ -$ 40,851$ 517,467$ 1,285,739$ Excess of revenues over expenditures (548,636)$ (739,229) 22$ 527,215$ 50,599$ 789,828$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 565,693$ 78,139$ 331,277$ 331,277$ (234,416)$ Transfer Out to Capital Projects Fund - (75,000) (15,000) (30,000) (30,000) (45,000) Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 300,000$ 490,693$ 63,139$ 301,277$ 301,277$ (279,416)$ Net change in fund balances (248,636)$ (248,536)$ 828,492$ 351,876$ Fund balances - beginning 248,602 248,602 248,602 248,602 Fund balances - ending (34)$ 66$ 1,077,094$ 600,478$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 10 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 27,000$ 3,389$ 27,894$ 27,894$ 894$ Law Enforcement Fund 13,000 13,000 1,423 11,762 11,762 (1,238) Fire Fund 72,500 72,500 8,154 67,383 67,383 (5,117) Road Fund 120,000 100,000 10,175 92,386 92,386 (7,614) Park Fund 650,000 650,000 93,227 758,242 758,242 108,242 Interest Revenues/Admin Fund - - 4 25 25 25 Interest Revenues/Law Enforcement Fund - - 2 11 11 11 Interest Revenues/Fire Fund - - 10 60 60 60 Interest Revenues/Road Fund - - 12 81 81 81 Interest Revenues/Park Fund - - 109 682 682 682 Total revenues 882,500$ 862,500$ 116,504$ 958,526$ 958,526$ 96,026$ EXPENDITURES General Government Buildings 57,967$ 58,485$ -$ -$ -$ 58,485$ Police - - - - - - Fire 237,926 242,902 - - - 242,902 Public Works 208,778 193,219 - - 40,252 152,967 Parks & Recreation 2,081,985 2,215,415 - 12,760 12,760 2,202,655 Community Development - 29,980 - - 4,130 25,850 Total Capital Outlay 2,586,655$ 2,740,001$ -$ 12,760$ 57,142$ 2,682,859$ Excess of revenues over expenditures (1,704,155)$ (1,877,501) 116,504$ 945,766$ 901,384$ 2,778,885$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 27,000$ -$ -$ -$ (27,000)$ Transfer Out to General Fund/Admin (27,000) - - - - - Transfer Out to Capital Projects Fund/Park - (3) - (3) (3) - Total other financing sources and uses (27,000)$ 26,997$ -$ (3)$ (3)$ (27,000)$ Net change in fund balances (1,731,155)$ (1,850,504) 945,762$ 901,381$ Fund balances - beginning 1,877,503 1,877,503 1,877,503 1,877,503 Fund balances - ending 146,348$ 26,999$ 2,823,266$ 2,778,884$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 15,000,000$ 7,967$ 130,649$ 394,375$ 14,605,625$ Fire 2,000,000 - - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay 17,000,000$ 7,967$ 130,649$ 394,375$ 16,605,625$ Excess of revenues over expenditures (17,000,000)$ (7,967)$ (130,649)$ (394,375)$ 16,605,625$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 17,000,000 - - - (17,000,000) Total other financing sources and uses 17,000,000$ -$ -$ -$ (17,000,000)$ Net change in fund balances -$ (130,649)$ (394,375)$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ (130,649)$ (394,375)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,293,066 25%2.49% GA Fund 1 11,816,305 40%2.41% GA Fund 1 (TSPLOST)10,180,798 35%2.41% Grand Total Investment Portfolio 29,290,169 100% Current Month YTD Current Month YTD Interest earned 38,326 330,382 19,067 151,186 Budgeted interest 22,917 206,250 15,483 139,350 Variance over/(under)15,409 124,132 3,584 11,836 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending June 30, 2019 13 of 13 TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 30, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of an Amendment to an Agreement between the City of Milton and Civic Plus, LLC to Provide Registration Software and On -Line Payment Processing to Support the Operation of the Parks and Recreation Department. MEETING DATE: Monday, August 5, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BY CITY ATTORNEY: (j,,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: "V'( e" zviq 2006 Heritage Walk Milfon, GA P: 678.242.25001 F: 678.242.2499 info@dfyofmilfonga.us I www.dtyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 07/24/2019 for the 08/05/2019 Regular Council Meeting Agenda Item: Approval of an Amendment to an Agreement between the City of Milton and Civic Plus, LLC. to Provide Registration Software and On-line Payment Processing to support the Operations of the Parks and Recreation Department _____________________________________________________________________________________ Department Recommendation: Staff recommends the approval of an amendment to an agreement between the City of Milton and Civic Plus, LLC. to provide registration softw are and on-line payment processing services to support the operations of the Parks and Recreation Department. Executive Summary: On September 21, 2015, the Mayor and Council approved a contract with Cirilian, Inc. for registration software and on-line payment processing services. On December 30, 2016, Cirilian, Inc. was acquired by Civic Plus, LLC. This summer, Civic Plus, LLC announced a price increase that requires an amendment to the existing agreement. Staff conducted a search of other software companies that provide similar services in an effort to mitigate the impact of the cost increase. In reviewing other options, it was discovered that despite the price increase, Civic Plus, LLC provides the best combination of features, on-line interfaces and value for use by the City of Milton. In negotiation with Civic Plus, LLC, they have agreed to a reduction of their requested increased price by $700.00 annually. This moves the cost of this software and processing service from $1,200.00 annually to $3000.00 annually. In addition, they have agreed to not charge the increased fees until October 2019, allowing the City to align the price increase with the FY20 budget year. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-6110-523850103 Requisition Total: $3,00.00 Vendor DBA: Civic Plus, LLC Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, July 25, 2019 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, July 8, 2019 Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Amendment to the Agreement between the City of Milton and Civic Plus, LLC. to Provide Registration Software and On-line Payment Processing to support the Operations of the Parks and Recreation Department Amendment to the Agreement City of Milton, GA Page 1 of 1 CivicPlus • 302 South 4th St., Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 AMENDMENT TO THE AGREEMENT THIS AGREEMENT AMENDMENT (this “Amendment”) is agreed to this ____ day of ____________ , 2019 (“Effective Date”) by and between CivicPlus, LLC, d/b/a CivicPlus (“CivicPlus”) and City of Milton, GA (“Client”) (jointly, “Parties”) and shall be effective as of the date set forth above. RECITALS WHEREAS, Client entered into the Online Registration and Servicing Agreement dated September 2015 for the use of the software registration system, with Cirillian, Inc. dba Rec1 (the “Agreement”); WHEREAS, CivicPlus acquired Rec1 and all customers, contracts and obligations on December 30, 2016, and has since been providing all services under the Agreement to Client; WHEREAS, thus far CivicPlus has maintained the Agreement’s original payment terms, yet the cost of providing the services, maintenance, upgrades and service providers associated with the software has increased; and WHEREAS, CivicPlus and Client have agreed to alter certain terms as set forth in the Agreement by this written instrument duly executed by the Parties, the modification of terms as specified in this Amendment. NOW, THEREFORE, the Parties hereto mutually agree for good and valuable consideration, the receipt and adequacy of which is hereby agreed as follows: 1. “CivicPlus” shall hereby replace any mention of “Rec1” throughout the Agreement. 2. CivicPlus is shifting Client from a monthly billing cycle to an annual licensing subscription fee , to be paid once annually, on each anniversary of the Agreement signing date, as set forth in this Amendment. 3. Beginning October 1, 2019, the variable "Basic Software Agreement Fees" described in subsection 5.a. of the Agreement shall be replaced with a lump sum Annual Service Fee in the amount of $3,000, to be billed on October 1, 2019. Subsequent years of service shall be invoiced October 1 of each year. The Annual Service Fee shall be independent of any Merchant Processing Fees described in subsection b below. 4. The Annual Service Fee, which includes without limitation hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in the second year of service following this Amendment. 5. CivicPlus reserves the right (but not the obligation) to audit Client once every 12 months to determine Client’s actual transaction processing volume (“Actual Processing Volume”). In the event Client’s Actual Processing Volume increases from prior year’s Actual Processing Volume, CivicPlus will notify client within 30 days of the audit of the Actual Processing Volume and the applicable increase in the Annual Fees resulting from such Actual Processing Volume. The increase in the Annual Fees shall be implemented the first of the month following the notice. 6. CivicPlus and the Client acknowledge that it is prohibited for any person to offer, give, or agree to gi ve any Client employee or official, or for any Client employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. CivicPlus and Client further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime contractor or subcontractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 7. All other terms and conditions of the Agreement, not modified herein, shall remain in full force and effect. TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 31, 2019 Steven Krokoff, City Manager(. AGENDA ITEM: Approval of a Memorandum of Understanding Between the City of Milton and Taylor Morrison of Georgia, LLC for Storm Water Facility Development and Dedication to City MEETING DATE: Monday, August 5, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.1YES () NO CITY ATTORNEY REVIEW REQUIRED: (41YES () NO APPROVAL BY CITY ATTORNEY: (,.,VIAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C06S7 20ci 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 29, 2019 for the August 5, 2019 Regular City Council Meeting Agenda Item: Approval of a Memorandum of Understanding Between the City of Milton and Taylor Morrison of Georgia, LLC for Storm Water Facility Development and Dedication to City _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Mayfield Road Regional Storm Water Management Facility will, once improved by Taylor Morrison, satisfy all requirements of a regional facility to be available as an off-site storm water facility to developments. that will tie into the system through infrastructure installed by the city’s Charlotte Drive Extension roadway project and Taylor Morrison’s Lakeside at Crabapple development project. This agreement is for the storm water facility improvements, dedication to the City and accommodation of other users. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jeff Strickland – Jarrard & Davis (4/5/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): MOU Taylor Morrison After recording, please return to: Jeff M. Strickland, Esq. Jarrard & Davis, LLP 222 Webb Street Cumming; Georgia 30040 STATE OF GEORGIA COUNTY OF FULTON Cross References: Deed Book 55759, Page 50 Deed Book 58862, Page 5 Deed Book 58862, Page 9 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("Agreement") made this day of 2019, by and between the CITY OF MILTON, a Georgia municipal corporation ("City"), and TAYLOR MORRISON OF GEORGIA, LLC, a Georgia limited liability company ("Developer"), and/or its successors and assigns, is made under and shall be construed according to the laws of the State of Georgia. WITNESSETH WHEREAS, Developer is the owner of certain real property located in Land Lots 1099, 1100, 1133, and 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following current Fulton County Tax Assessor parcel numbers: 22-416011001031, 22-416011001023, 22-416011000660, 22- 416111340388, 22-416111340370, and 22-416111340107; totaling approximately 15.85 acres; as legally described in those certain Limited Warranty Deeds recorded at Deed Book 55759, Page 50; Deed Book 58862, Page 5; and Deed Book 59962, Page 9, in the Fulton County Superior Court Clerk Real Property Records; and as described as Developer Parcel on the map attached hereto marked Exhibit A, incorporated herein by this reference ("Property"); and WHEREAS, the Property is located within and is subject to the provisions of the City's Code of Ordinances, Chapter 64 (Zoning), Article XIX (Crabapple Form -Based Code); WHEREAS, Developer is prepared to develop the Property as shown on those certain plans submitted to the City on , 20_, ("Plans"), as evidenced by the City's receipt stamp, related to LAKESIDE AT CRABAPPLE, a master planned residential development (hereinafter the "Development"), which Plans, as approved by the City and as may be amended and further approved by the City, are hereby incorporated by reference into this Agreement; and WHEREAS, Developer and the City acknowledge that the Agreement herein burdens and benefits the Property, as well as certain lands surrounding the Property, and that as such this Agreement shall run with the land to be binding upon Developer, its successors and assigns; and WHEREAS, as part of the City's storm water management program, the City requires that all new developments provide for storm water management, which may include, for example, but rat Limited to: drainage easements; detention ponds, retention ponds, storm sewers; and other storm water management infrastructure ("Storm Water Facilities") as may be necessary to manage the storm water issues resulting from the impervious surfaces created by the respective development; and WHEREAS, as part of the Plans, Developer proposes a Storm Water Management Plan to include certain storm water management infrastructure which includes, among other things, a detention pond that will have capacity for the Development as well as other local, third -party developments; and WHEREAS, the parties desire to set forth herein certain agreements regarding the repairs, maintenance, liability, replacement, allocation of costs, use, access and future conveyances associated with the Storm Water Facilities in order to further the public's interest and protect the public's health, safety and welfare. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and in consideration of One Dollar ($1.00) and other good and valuable consideration mutually exchanged this date between the parties hereto, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Storm Water Facility Development; Dedication to City 1.1 Detention Pond Improvements; Dedication to the City: Accommodation for Other Users Developer has submitted storm water management plans to the City, which provide for adequate means necessary to properly collect and dispose of all storm water resulting from and related to the Development and any other development of the Property ("Storm Water Management Plans") and which facilitate the collection of storm water from other properties outside the Development. The Storm Water Management Plan provides for storm water management facilities and equipment, hereinafter collectively referred to as "Storm Water Facilities," which include but are not limited to a detention pond. The detention pond portion of the Storm Water Facilities, constructed and/or improved as part of the Development, will be a ":regional stormwater management facility" designed to collect storm water quantity from multiple properties, including but not limited to the Development; whereby the requirement for onsite controls may be either eliminated or reduced amongst the multiple parcels to be served by the detention pond facility. All users of the detention pond will be required to provide for water quality controls within their own property boundaries before such storm water leaves their property and enters the detention pond. The City of Milton Code of Ordinances (the "Code") provides, at Section 20-287(f), that the City Community Development Department, in lieu of an inspection and maintenance agreement, may expressly accept in writing a dedication of any existing or future stormwater management facility for maintenance; provided such facility meets all the requirements of the Code, Chapter 20 (Environment), Article IV (Storm Water Management), and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. Following Developer's construction and/or improvement of the Storm Water Facilities, including those improvements to be made to the detention pond, and following City's inspection and approval of same, Developer shall convey, by limited warranty deed, substantially in the form attached hereto marked Exhibit B and by this reference incorporated herein, a five (5) acre, more or less, parcel containing the detention pond (the legal description of which is included in Exhibit B) and additional area around the detention pond, to the City, in fee, whereupon the City shall thereafter operate and maintain the detention pond and surrounding area as a municipal regional stormwater management facility. At the request of the City, Developer shall execute one or more agreements with other area property owners to facilitate the transmission of post -development storm water drainage from those properties across the Development allowing the collection of such storm water to drain into the detention pond. Such permanent storm waterdrainage easement shall be granted and conveyed in accordance with the form of agreement attached hereto marked Exhibit C ("Mayfield Road Regional Storm Water Management Facility Use Agreement") and by this reference incorporated herein. 1.2 Construction of Storm Water Facilities All Storm Water Facilities, including the development and improvement of the detention pond parcel, shall be constructed in accordance with the Storm Water Management Plans, as approved by the City. 1.3 Inspection, Maintenance Repair and Bonding of Storm Water Facilities Any and all maintenance, repair and/or replacement of the Storm Water Facilities within the Development; and any and all costs related thereto, shall be performed by and/or be the obligation of the Developer, with the exception of the detention pond, but only after the City accepts the conveyance of the detention pond parcel. 1.4 Easement and Right of Entry Granted to City Pursuant to this Agreement, the City is hereby granted an easement and right of entry to the Property for the purpose of inspecting the Storm Water Facilities to ensure that such are properly functioning and to conduct all necessary repairs and maintenance of the same in the event that Storm Water Facilities are not properly maintained by Developer. Nothing contained in this paragraph shall create a duty of the City to inspect, repair or maintain the Storm Water Facilities, excepting the detention pond following its conveyance from the Developer to the City. 1.5 Failure of Proper Maintenance, Repair or Operation of Storm Water Facilities In the event that the City determines by inspection that the Storm Water Facilities, or any portion thereof, are not properly maintained or are not in good order, repair or operation, the City shall issue a written notice to the entity responsible for the Storm Water Facilities at the pertinent time describing such determinations and findings. Upon receipt of such notice, the responsible entity shall perform all such maintenance and/or repairs as are determined necessary by the City to ensure proper maintenance, repair and operation of the Storm Water Facilities. In the event that the responsible entity fails to take such necessary actions within thirty (30) days (or less in the event of an emergency as determined by the City) of receiving such notice, the City may at its discretion, conduct all repairs or maintenance of the Storm Water Facilities, as it deems necessary and appropriate at the expense of the responsible entity. 1.6 Assessment of Costs In the event the City undertakes the maintenance and/or repairs of the Storm Water Facilities pursuant to the terms above, any related costs associated with such actions shall be assessed against the entity responsible for such under the terms of this Agreement at the time the maintenance and/or repairs are performed. Such assessment shall be deemed a lien against the Property until all charges are paid and satisfied, and Developer for itself, its heirs and assigns expressly consents to the creation of this hien. The City may proceed to foreclose upon this lien as it would a lien for unpaid taxes. 1.7 Dedicated Civic Space; Transferable Development Rights In accordance with the Crabapple Regulating Plan, adopted by the City concurrently with the Crabapple Form -Based Code on April 27, 2015, the five (5) acre, more or less, parcel containing the detention pond and additional area around the detention pond referenced in section 1.1 above is suitable for "civic space" (an outdoor area dedicated for public use). Upontitle transfer from the Developer to the City, this five (5) acre parcel shall be deducted from the Development and the Community Development Director shall issue Transferable Development Rights as credits to the Developer. Following such dedication to the City, Developer will not be responsible for the payment of any maintenance fees as such fees are imposed by the City on users of the detention pond calculated to cover a 30 -year period from January 1, 2019 through December 31, 2048. However, beginning January 1, 2049, Developer will be obligated to pay a proportionate maintenance fee as may be imposed by the City on all users of the detention pond at that time. Section 2. Legal Matters 2.1 Recording The City and Developer agree that this Agreement shall be recorded as a restriction and encumbrance against the Property and shall run with the Property such that upon taking title, all respective future owners shall be deemed to have assumed the obligations of Developer as set forth in this Agreement. Further, it is the intent of the parties that this Agreement should be cross-referenced in all vesting deeds to future landowners of any or all portions of the Property. However, the foregoing notwithstanding, the failure of any cross-reference called for in this paragraph shall not affect the enforcement of this Agreement against all parties bound by it, to include but not limited to the future owners of the Property or any portion thereof. 2.2 Representations and Warranties Developer represents and warrants that: 2.2.1 It is the owner of the fee simple interest of the Property and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.2.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement. 2.3 Successors and Assigns. Third -Parties This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their successors and assigns. Whenever the parties are identified in this document, it shall include their successors and assigns unless specifically set forth to the contrary. Specifically, but without limitation on the foregoing, this Agreement shall be a covenant running with the Property, binding upon all subsequent purchasers of the Property or any portion thereof. 2.4 Indemnification Developer and any other party responsible for Storm Water Facilities under this Agreement or any future assignment, shall indemnify, defend and hold harmless the City, its agents and representatives against any and all claims, actions, liabilities, fines, losses, costs, damages or expenses, including, without limitation, reasonable attorney's fees, arising out of, resulting from, or related to the undertaking of the performance of the obligations under this Agreement. 2.5 Enforcement Each of the parties to this Agreement shall be entitled to enforce its rights under this Agreement by reason of any breach of any provision of the Agreement. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may, in that party's sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce any violations of the provisions of this Agreement. The prevailing party in any such proceeding shall be entitled to its reasonable attorney's fees and costs of litigation. 2.6 Additional Instruments Each party shall properly endorse, execute and deliver any instruments or documents as may be reasonably necessary from time to time to effectuate the provisions of this Agreement. 2.7 Entire Aueernent; Severability; Binding Effect Each party agrees that this Agreement contains the entire understanding of the parties, there being no representation, promise, warranty, covenant or undertaking other than those expressly set forth herein. The covenants and conditions of this Agreement are to be construed together but, should any part or parts of this Agreement be interpreted or construed to be unenforceable, void or without meaning, the remaining part or parts shall continue in full force and effect. This Agreement shall apply to, bind and be obligatory upon the parties, and upon their heirs, assigns, personal representatives, administrators, and executors. 2.8 Mutual Cooperation and Notice Each of the parties hereto shall cooperate fully with the other party to ensure that the provisions of this Agreement are executed and carried out in good faith. This Agreement shall be effective upon execution hereof by each party. All notices required herein shall be addressed and delivered as follows: CITY City of Milton Attn: Community Development Department Director Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 DEVELOPER Taylor Morrison of Georgia, LLC Attn: St -,a clo„ (ZrcL,�sor, 4400 North Pointe Pkwy, Suite 295 Alpharetta, Georgia 30022 IN WITNESS WHEREOF, the parties have caused these present to be executed in its name by its duly authorized officers, this�� day of 2019. Signed, sealed and delivered in the presence of: ness NotaryP k •`'-T A � j- (il•( R61A . November 11, 2019 i� �UB1.<<: o'''' ���UHnmiaulN�"�a`e�aaaa; Signed, sealed and delivered in the presence of. Witness Notary Public [Affix Notary Stamp] DEVELOPER/PROPERTY OWNER: TAYLOR MORRISON OF GEORGIA, LLC s al) 7obertemacher, Vice President [AFFIX CORPORATE SEAL] CITY OF MILTON Joe Lockwood, Mayor [AFFIX CITY SEAL] (seal) Exhibit A N N .r N II ➢oma � U ri L � ZZ N L N C ,3 C W c^ M ` N a It; 11 - ~ O � V � 60 1�1 M 0 Zi o V N N N 4 i U - Exhibit B After recordine, please return to: .Teff M. Strickland, Esq. Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 STATE OF GEORGIA COUNTY OF FULTON LIMITED WARRANTY DEED Cross References: Deed Book 55759, Page 50 Deed Book 58862, Page 5 Deed Book 58862, Page 9 THIS INDENTURE is hereby made this day of 20, between TAYLOR MORRISON OF GEORGIA, LLC, a Georgia limited liability company ("Grantor"), and CITY OF MILTON, a Georgia municipal corporation ("Grantee"). WITNESSETH; That Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration to Grantor in hand paid, at and before the sealing and delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed and does by these presents grant, bargain, sell and convey to Grantee all of the following described land and interests in land, estates, easements, rights, improvements, property, fixtures, equipment, and appurtenances (hereinafter collectively referred to as the "Premises), more particularly described as follows: [insert legal description of detention pond parcel or refer to Exhibit A here] TOGETHER WITH a permanent drainage easement totaling approximately 0. 15 acre for the benefit of the Premises conveyed to Grantee herein as a buffer and/or flood zone area to accommodate additional water pool, as needed, onto Grantor's adjoining property along the northwestern boundary line of the Premises as depicted and as described on the attached Exhibit (3 and by this reference incorporated herein. Grantee, and the successors and assigns of Grantee, shall have non-exclusive, perpetual access to the permanent drainage easement area to inspect and maintain such area as may be necessary in Grantee's sole discretion to facilitate the beneficial use of the Premises conveyed herein. FURTHER, TOGETHER WITH a public pedestrian access easement across any and all sidewalks, paths or trails and any other common area constructed or developed in conjunction with the development and/or improvement of the remainder of Grantor's real property described in the Fulton County Superior Court Clerk Real Property Records at Deed Book 55759, Page 50; Deed Book 58862, Page 5; and Deed Book 58862, Page 9, to facilitate public egress and ingress across Grantor's property to allow public access to the Premises conveyed by Grantor to Grantee herein. TO HAVE AND TO HOLD the Premises and all parts, rights, members and appurtenances thereof, to the use; benefit and behoof of Grantee and the successors and assigns of Grantee, IN FEE SIMPLE, forever; and Grantor covenants and warrants that Grantor is lawfully seized and possessed of the Premises, as aforesaid, and has good right to convey the same, that the same is unencumbered, excepting those matters properly reflected in the Fulton County Superior Cowl Clerk Real Property Records as of the day and year first written above; and that Grantor does warrant and will forever defend the right, title and interest in and to said Premises unto Grantee, and the successors and assigns of Grantee, against the claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and affixed Grantor's seal the day and year first above written. Signed, sealed and delivered TAYLOR MORRISON OF GEORGIA, LLC, on the day of a Georgia limited liability company 20_, in the presence of - Unofficial Witness Notary Public (NOTARY SEAL) M. [insert name here], Manager 2 EAL) LEGAL DESCRIPTION EXHIBIT A ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot(s) 1099 & 1100 of the 2°d District, 2" d Section, Fulton County, Georgia and being more particularly described as follows: Beginning at an iron pin found (1.5" rod) at the Land Lot Corner common to Land Lots 1099, 1100, 1133 & 1134, said point being the TRUE POINT OF BEGINNING; thence leaving said Land Lot Corner, North 60 degrees 22 minutes 5 seconds East a distance of 287.35 feet to a point; thence North 16 degrees 0 minutes 8 seconds East a distance of 173.44 feet to a point; thence North 3 degrees 25 minutes 52 seconds East a distance of 66.59 feet to a point; thence North 24 degrees 30 minutes 42 seconds West a distance of 58.16 feet to a point; thence North 60 degrees 21 minutes 0 seconds East a distance of 64.85 feet to a point; thence North 77 degrees 37 minutes 12 seconds East a distance of 129.87 feet to a point; thence North 8 degrees 54 minutes 8 seconds East a distance of 35.43 feet to a point; thence South 74 degrees 01 minute 55 seconds East a distance of 344.50 feet to a point on the northwesterly right-of-way line of Mayfield Road (50' R/W); thence along said right-of-way line the following courses and distances: South 32 degrees 25 minutes 28 seconds West a distance of 185.00 feet to a point; thence South 32 degrees 45 minutes 58 seconds West a distance of 110.05 feet to a point; thence 307.27 feet along an arc of a curve to the right, said curve having a radius of 2,730.27 feet and,a chord bearing and distance of South 34 degrees 45 minutes 16 seconds West 307.11 feet to a point; thence leaving said right-of-way line, North 60 degrees 10 minutes 42 seconds West a distance of 116.00 feet to a point; thence North 87 degrees 24 minutes 42 seconds West a distance of 210.00 feet to a point; thence North 87 degrees 56 minutes 24 seconds West a distance of 153.19 feet to a point and the TRUE POINT OF BEGINNING. Said tract containing 4.959 acres (216,023 square feet). FA � N, 'Nk, " , (E —TYYHE SYS) YVI7H,?,L VW (T —TYYHE HZE) HMI7HJL VIW Q) 64 E )MO OO g�N 9, LLI I-- LLJ 0 U z 0 > U U < z 0 � Y 0 LLJ V a- Z U < < U - J) LU LU Q z < < > ci L Z 5 Z C4 Z() OE ZZ U WLli = U < Z < LLJ LU Z Q 1 OUliOcn � O O 0 00 O LLI I-- LLJ 0 U z 0 > U U < z 0 � Y 0 LLJ V a- Z U < < U - J) LU LU Q z < < > ci L Z 5 Z C4 Z() OE ZZ U WLli = U < Z < LLJ LU Z Q 1 No Text No Text Exhibit C After recordins, please return to: Jeff M. Strickland, Esq. Jarrard & Davis; LLP 222 Webb Street Cumming, Georgia 30040 Cross References: Deed Book 55759, Page 50 Deed Book 58862, Page 5 Deed Book 58862, Page 9 Deed Book , Page _ STATE OF GEORGIA COUNTY OF FULTON MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT THIS MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT ("Agreement") made this day of 20 by and between the CITY OF MILTON, a Georgia municipal corporation ("City"), and ("Owner"), and TAYLOR MORRISON OF GEORGIA, LLC, a Georgia limited liability company ("Developer"), is made under and shall be construed according to the laws of the State of Georgia. Reference herein to City, Owner, or Developer shall include their successors and assigns. WITNESSETH WHEREAS, Developer is the owner of certain real property located in Land Lots 1099, 1100, 1133, and 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following current Fulton County Tax Assessor parcel numbers: 22-416011001031, 22-416011001023, 22-416011000660, 22- 416111340388, 22-416111340370, and 22-416111340107; totaling approximately 15.85 acres, as legally described in those certain Limited Warranty Deeds recorded at Deed Book 55759, Page 50; Deed Book 58862, Page 5; and Deed Book 59962, Page 9, in the Fulton County Superior Court Clerk Real Property Records; and as described as Developer Parcel on the map attached hereto marked Exhibit A, incorporated herein by this reference ("Developer Parcel"); and WHEREAS, Owner is the owner of certain real property located in Land Lot[s 1133 and] 1134, Second District,. Second Section, City of Milton, Fulton County, Georgia; made up of the following current Fulton County Tax Assessor parcel number(s): ; as legally described in that certain Limited Warranty Deed recorded at Deed Book , Page , in the Fulton County Superior Court Clerk Real Property Records; and as shown on Exhibit A marked "Owner Parcel"; and WHEREAS, Developer Parcel and Owner Parcel are subject to federal, state and local laws, rules, and regulations ("Applicable Laws"), including but not limited to the City's Code of Ordinances ("Code"), Chapter 20 (Environment), Article IV (Storm Water Management) and Article VI (Soil Erosion, Sedimentation and Pollution Control); and Chapter 64 (Zoning), Article XIX (Crabapple Form -Based Code); and WHEREAS, as part of the City's storm water management program, the City requires that all new developments provide for storm water management; which may include; for example, but not limited to: drainage easements, detention ponds, retention ponds, storm sewers, and other storm water management infrastructure ("Storm Water Facilities") as may be necessary to manage the storm water issues resulting from the impervious surfaces created by the respective development; and WHEREAS, pursuant to the Code, future development of Owner Parcel will require applications; plans and other information to be submitted to the City for review and approval ("Plans") and WHEREAS, as part of the Plans, Owner's Storm Water Management Plan shall provide for storm water management infrastructure to collect and route storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel which easement and detention pond have capacity for the storm water drainage from Owner Parcel as well as other parcels near Developer Parcel; and WHEREAS, the drainage easement and detention pond on Developer Parcel shall only be used for storm water quantity detention purposes and water quality shall be addressed by Owner in accordance with all Applicable Laws before any storm water drains from Owner Parcel; and WHEREAS, Owner and Developer acknowledge that this Agreement shall run with the land to be binding upon Owner and Developer and their respective successors and assigns,; and WHEREAS, Developer and City have entered into a separate agreement whereby Developer has agreed to convey a five -acre parcel, to include the detention pond, as dedicated civic space to the City, following certain required improvements to be made by Developer, and City will thereafter manage the detention pond as the Mayfield Road Regional Storm Water Management Facility. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and in consideration of One Dollar ($1.00) and other good and valuable consideration mutually exchanged this date between the parties hereto, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Storm Water Management Design,, Plans and Permits 1.1 Storm_ Water Management Design, Regional Facilitv Access, Plans. Permits and Fees In accordance with the Code, Section 20-290(a) provides that storm water may be managed through a regional facility in lieu of onsite management. The City acknowledges that the Mayfield Road Regional Storm Water Management Facility will, once improved by Developer; satisfy all requirements of a regional facility to be available to Owner as an off-site facility as such terms are defined in Code Section 20-238. Prior to any future development of Owner Parcel, Owner shall submit proposed storm water management plans to the City, which shall provide for adequate means necessary to properly collect and dispose of all storm water resulting from and related to the Owner Parcel development ("Storm Water Management Plan"). The Storm Water Management Plan shall provide for storm water management facilities and equipment, hereinafter collectively referred to as "Storm Water Facilities, which shall include the collection and routing of storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel. The Storm Water Management Plan shall be reviewed and approved by the City as a condition of receiving any permits related to the land disturbance or the general development of the Owner Parcel, which approval shall be fi-eely given so long as the Storm Water Management Plan provides for the propermanagement of storm water related to the Owner Parcel development and is otherwise satisfactory to the City. Owner shall pay a facility maintenance fee to the City for the access and use of the Mayfield Road Regional Storm Water Management Facility in lieu of developing and maintaining an on-site facility within the Owner Parcel development. Such fee shall be calculated based on the square footage of all impervious surface as shown on the Development Plans and as approved by the City in accordance with the following formula: $36,753,64 per impervious acre (43,560 sq. ft.) or $0.84374747 per impervious square foot The City will not issue any land disturbance permit to Owner until such fee is paid in full by Owner to the City. The maintenance fee covers a thirty (30) year period from January 1, 2019, through December 31, 2048. The maintenance fee is valued as of January 1; 2019, and the fee shall increase each year thereafter, based on the applicable Consumer Price Index ("CPP'); until it is paid. At or prior to the end of the 30 -year term, a new maintenance fee will be calculated and assessed against Owner Parcel for the continued use of the regional storm water facility after that time. If, after payment of the any maintenance fee, additional impervious surface is approved and constructed within Owner Parcel, Owner will be responsible to pay an additional maintenance fee for the additional impervious surface area calculated based on the formula written above. If, however, after payment of any maintenance fee, the amount of impervious surface within Owner Parcel is decreased, Owner will not be entitled to a refund of any portion of the maintenance fee(s) previously paid. 1.2 Developer Grant of Drainage Easement Upon Owner's request, and before any future development of Owner Parcel, Developer shall grant and convey to the Owner a perpetual, non-exclusive easement on, over and across a portion of Developer Parcel to facilitate storm water drainage from the Owner Parcel onto and across the Developer Parcel and into a detention pond on Developer Parcel which has been or will be improved by Developer for these purposes. 1.3 Construction of Storm Water Facilities All Storm Water Facilities shall be constructed in accordance with the Storm Water Management Plan, as approved by the City. No building permits shall be issued by the City until the Storm Water Management Plan is approved by the City. 1.4 Maintenance and Repair of Storm Water Facilities Any and all maintenance, repair and/or replacement of the Storm Water Facilities within the Owner Parcel development, and any and all costs related thereto, shall be performed by and/or be the obligation of the Owner. 1.5 Inspection, Easement and Riaht of Entry Granted to Citv Pursuant to this Agreement, the City is hereby granted an easement and right of entry to the Owner Parcel for the purpose of inspecting the Storm Water Facilities to ensure that such are properly functioning and to conduct all necessary repairs and maintenance of the same if the Storm Water Facilities are not properly maintained by Owner. Nothing contained in this paragraph shall create a duty of the City to inspect, repair or maintain the Storm Water Facilities. 1.6 Failure of Proper Maintenance, Repair or Operation of Storm Water Facilities If the City determines by inspection that the Storm Water Facilities, or any portion thereof, are not properly maintained or are not in good order, repair or operation, the City shall issue a written notice to the entity responsible for the Storm Water Facilities at the pertinent time describing such determinations and findings. Upon receipt of such notice, the responsible entity shall perform all such maintenance and/or repairs as are determined necessary by the City to ensure proper maintenance, repair and operation of the Storm Water Facilities. In the event that the responsible entity fails to take such necessary actionswithin thirty (30) days (or less in the event of an emergency as determined by the City), of receiving such notice, the City may at its discretion, conduct all repairs or maintenance of the Storm Water Facilities, as it deems necessary and appropriate at the expense of the responsible entity. 3 1.7 Assessment of Costs If the City undertakes the maintenance and/or repairs of the Storm Water Facilities pursuant to the terms above, any related costs associated with such actions shall be assessed against the entity responsible for such under the terms of this Agreement at the time the maintenance and/or repairs are performed. Suchassessment shall be deemed a lien against the Owner Parcel until all charges are paid and satisfied, and Owner for itself, its heirs and assigns expressly consents to the creation of this lien. The City may proceed to foreclose upon this lien as it would a lien for unpaid taxes. Section 2. Legal Matters 2.1 Recording The City and Owner agree that this Agreement shall be recorded as a restriction and encumbrance against the Owner Parcel and shall run with the Owner Parcel such that upon taking title, all respective future owners shall be deemed to have assumed the obligations of Owner as set forth in this Agreement. Further, it is the intent of the parties that this Agreement should be cross-referenced in all vesting deeds to future landowners of any or all portions of the Owner Parcel. However, the foregoing notwithstanding, the failure of any cross-reference called for in this paragraph shall not affect the enforcement of this Agreement against all parties bound by it, to include but not limited to the future owners of the Owner Parcel or any portion thereof. 2.2 Owner Representations and Warranties Owner represents and warrants that: 2.2.1 It is the owner of the fee simple interest of the Owner Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.2.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement. 2.3 Developer Representations and Warranties Developer represents and warrants that: 2.3.1 It is the owner of the fee simple interest of the Developer Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2,3.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement; and 2.3.3 Upon request by Owner, Developer shall execute a permanent drainage easement agreement, in a form acceptable to the City and consistent with the terms and conditions herein, which agreement shall include the following restrictions and limitations as to the Developer Parcel: 2.3.3.1 No buildings or other permanent structures will be constructed upon, over or across the Drainage Easement area; and 2.3.3.2 The grade or amount of dirt upon; over and across the easements will not be altered without the prior permission of the Owner; and 2.3.3.3 No changes will be made to the surface within or adjoining the Drainage Easement that would create a condition whereby standing water would accumulate upon, over or across the easement area without the prior permission of the Owner. 2.4 Successors and Assigns; Third -Parties This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their successors and assigns. Whenever the parties are identified in this document, it shall include their successors and assigns unless specifically set forth to the contrary. Specifically, but without limitation on the foregoing, this Agreement shall be a covenant running with the Owner Parcel, binding upon all subsequent purchasers of the Owner Parcel or any portion thereof. 2.5 Indemnification Owner and any other party responsible for Storm Water Facilities under this Agreement or any future assignment, shall indemnify, defend and hold harmless the City, its agents and representatives against any and all claims, actions, liabilities, fines, losses, costs, damages or expenses, including, without limitation, reasonable attorney's fees; arising out of, resulting from, or related to the undertaking of the, performance of the obligations under this Agreement. 2,6 Enforcement Each of the parties to this Agreement shall be entitled to enforce its rights under this Agreement by reason of any breach of any provision of the Agreement. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may, in that party's sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce any violations of the provisions of this Agreement. The prevailing party in any such proceeding shall be entitled to its reasonable attorney's fees and costs of litigation, 2.7 Additional Instruments Each party shall properly endorse, execute and deliver any instruments or documents as may be reasonably necessary from time to time to effectuate the provisions of this Agreement. 2.8 Entire Agreement, Severability; Binding Effect Each party agrees that this Agreement contains the entire understanding of the parties, there being no representation; promise, warranty; covenant or undertaking other than those expressly set forth herein. The covenants and conditions of this Agreement are to be construed together but, should any part or parts of this Agreement be interpreted or construed to be unenforceable, void or without meaning, the remaining part or parts shall continue in full force and effect. This Agreement shall 'apply to, bind and be obligatory upon the parties, and upon their heirs, assigns, personal representatives, administrators, and executors. 2.9 Mutual Cooperation and Notice Each of the parties hereto shall cooperate fully with the other party to ensure that the provisions of this Agreement are executed and carried out in good faith. This Agreement shall be effective upon execution hereof by each party. All notices required herein shall be addressed and delivered as follows: CITY OWNER DEVELOPER City of Milton Attn: Community Development Attn: Department Director Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 Taylor Morrison of Georgia, LLC Attn: 4400 North Point Pkwy, Suite 295 Alpharetta, Georgia 30022 IN WITNESS WHEREOF, the parties have caused these present to be executed in its name by its duly authorized officers, this day of 12019. Signed, sealed and delivered in the presence of Witness Notary Public [Affix Notary Stamp] Signed, sealed and delivered in the presence of Witness Notary Public [Affix Notary Stamp] Signed, sealed and delivered in the presence of.- Witness f Witness Notary Public [Affix Notary Stamp] 6 CITY: CITY OF MILTON (seal) Joe Lockwood, Mayor 79VA N"t By (seal) [insert name here], [Title] DEVELOPER: TAYLOR MORRISON OF GEORGIA, LLC By: (seal) [insert name here], Manager Amendment to the Agreement City of Milton, GA Page 2 of 1 CivicPlus • 302 South 4th St., Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Acceptance We, the undersigned, agreeing to the conditions specified in this Amendment, understand and authorize the provision of services outlined in this Amendment. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: Approval as to form: X City Attorney New Address: CivicPlus® 302 South 4th Street, Suite 500 Manhattan, Kansas 66502 TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 31, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Resolution to Condemn Property Rights Needed for Hopewell Road at Thompson Road Roundabout Project (1.04 Acres of Fee Simple Right of Way; Owner: 158 Creamer Road, LLC) MEETING DATE: Monday, August 5, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (JIPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (ql"(ES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY. (q1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 4"ZI vs 11-0 A 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 40 FA To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 30, 2019 for the August 5, 2019 Regular City Council Meeting Agenda Item: Consideration of a Resolution to Condemn Property Rights Needed for Hopewell Road at Thompson Road Roundabout Project (1.04 Acres of Fee Simple Right of Way; Owner: 158 Creamer Road, LLC) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road and Thompson Road. The City has made a fair and reasonable offer to acquire the right of way necessary for the construction of the intersection improvements on Parcel 5 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 5. Funding and Fiscal Impact: The appraised value of the right of way is $132,600. Alternatives: The project constraints require impacts to this parcel and any further design changes would delay the project and increase the project costs. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (7/28/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Condemnation Resolution RESOLUTION A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, 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 real property in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of the City of Milton, Georgia, a municipal corporation 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 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 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 the City of Milton, Georgia, said property now or formerly vested in 158 Creamer Road, LLC, its successors or assigns. It is further resolved that payment of just and adequate compensation therefor be made to the person or persons entitled to such payment. The Mayor may sign any documents and/or pleadings required for proper filing under the aforementioned code sections including a Declaration of Taking and Order of the City Council. RESOLVED this ___ day of _______________, 2019. Approved: ____________________________________ Joe Lockwood, Mayor Attest: ____________________________ Sudie AM Gordon, City Clerk (Seal) .ea.35 w EPLOf-VB OWI. EOn Ia'�e1e.y � IIIIIYIIYIe-YII-10.101 YIII�YI`Y-6w 1. Ya YIL-PM �••� DE20105 704650.00 CD .ODaEG1' AU/R�E'LCA �P'1S/�E5Y 00 h?°• ♦,r ,% SEE ` ♦ 158 CREAMER ROAD LLC `; ;`. EASYT FOR THE , . ! CONST OF THE P/ '•.a`,� •` •: AREA •P 50 +60 00 53. 10' LT 8 602 9 p6 E SHEET 60-0008 pEWELLTRON t11 TIE i0 EXISTING FENCE DE20145 505+50.00 0020080``` STA 503+44.90 THOYPSON RD STA 505.04 77 OFFSET 38'•LT 65.00' LT 605+31.00 `;f`,;`.;•, STA 605.79.88 6.29' L7 THOYPSON RO 0020110 DEP0115 0020125 504+50.00 505.50.00 STA 610+00.00 N 15/07/0.5120 504+28.00 78.00' IT 63.00' LT 45.00' LT 0020025 0030��-501144.44 ?260656.9067 ,:` 0140------ D/YERS/F/fD PIMP? 11 86.00' 92 �,�:: __ 505+05.00 --- f ;y 20035X97. /NVESJYENJ ilia.0 ,t, ;\ y�;.�.� TIE TO EXISTING FENCE STA 503+81.40 __ 65.00' L7 TlE TO EXISTING��ENC CROUP LL .7.88' RTS 10097 7.88' 502+28.6? ` •� S. L `;��`,,`,, OFFSET 7220' LT STA 505.5237 3B' Li:,••'"�,� PANC'E[ P2 / 6 11.34' LT E SA£EJ 60-0008 '� y 1 `.:' `` ` `` /'0020085 504.50.00 / 37.00' LT EASYT FOR THE ��FjOSET , CONST OF DRIVES EASY& FOR , 0£20020 _THEfANSF-� `.�; `• 1501.40.00 "OOFF' SLOPES 015 \85.00' LT ;; ` ` - n 1, `A`•; STA 504.50.226 •;, ., OffSET 38' L 505+59 0 g"•� AREA •E 45 ,.. -• _ I \ 53. +0' LT 111 ;\ `;;, ; - ,RE ;; ,, ,, `` 0500809i -10•Do--= � , 00200051 10063 501.60.53 1000 504 OE' ` p; >r,: ` . T 581332 LT ` 11 •t(1 ?5.00' LT 1.50 LT o [}- � ____---------- ♦ EXIST. flN/ • - - _ _. . �' 8 10135 Ol.00 Ogg B. 1T ' LT € --------- o dvl - R/Y T _,• 107 e 505.55.00 JL108_07 - RT CEXIST_ - - �Tr. 501+60.00 ) `.` :: •: `: `'`' 29.83' R&`, , .`, `, y'•,``: `: `.`•.`.,�. `"` `:f`•'�. `.. `,.,, `,•. i, t--,•`,`.`.`.` `F`"' DE 0190 •.\ •^: •�1r ` `'\ :r . 1 EASYT FOR THE ♦\ CONST OF SLOPES IO5 AREA •3 DEP0240 502 75.00 501+60.00 44. PI' RT 1014 34151 7 n, \ 09.03 505+45500 ♦ .28 RT 52.00' RT ♦ 53 57.00' RT EASYT FOR THE ♦ ,`�,'•.,<•, / // DE20165 \ CONST OF SLOPES A I •z, 611.55.04 106.33' EX�� O' 1 (((1llll��piiip 99• 97' LT LT _ 0160 _ _ _ 505 00.00 EASVT FOR THE 54.35' RT ` % \�\ CONS AT.OPF SLOPES APPROXIMATE AT&T EASEMENT DE201910195 610+46.39 6t LT bp� o• DE20235 54.00' Ri 31�. •.,.•' 522001.00 DE20195 ' , ., ' 611+16.33 _ 6 3 DE20236 ® 610147.44 C/JY OF MC TON RT 24.00' RT EASYT FOR THE - A9 5727 PC 3 535 �C1.p 6�/ 87.00' CONST OF SLOPES Cb0• • PAACEL2///9 E'%, £ 60-0008 SEE SAEEI 6p-I000B '�A 1SEE '` SCALE IN FEET _ 6150.T3 %�C/71 Q` M/CTS• b\! 52 00' RT (' DB 5CJ4/.ppPC 6i1 ! O eD 4p BO � SEEA/KE T 60CTo PROPERTY AND EXISTING RAI LINE------P----- BEGIN LIMIT OF ACCESS............ BEA DATE REVISIONS DATE NEVISIONS CITY OF MILTON REOUIRED R/W LINE END LIMIT OF ACCESS..............ELA DEPARTMENT OF PUBLIC WORKS RIGHT Of WAY YAP CONSTRUCTION LIMITS _-,G-_-F-_ EXISTING LIMIT OF ACCESS --- --- EASEMENT FOR COMSFRREO'D ® LIMIT OF ACCESS PROJECT NO, MIL-006 & MAINTENANCE OF SLOPES EXISTING LIMIT OF ACCESS & RAI------N1------- COUNTY, FULTON EASEMENT FOR CONSTR OF SLOPES © REO'D LIMIT OF ACCESS & R/W Hi LAND LOT "' 474, 475.534, 535 ownwixc xI. LAND DISTRICT: P EASEMENT FOR CONSTR OF DRIVES ® ORANGEEBA LER FEN CE 60-0004 E AREA DGMD ATEN/A SH 4 OF 9 .1656 W EPLOi-Y6 terY 6 pIIPINrder-VIl-Po. 6IOIPo6-60-0666. dpe 11I MPLY P.1. YIL-606 Ya JOEL COCNRAN `' EAyy4 v LIMIT OY CENSTRUCTION HOPEWELL RD%SO THBOUND TO D8 N/A PC N/A ,wLIA A9 4PiI5. THOMPSOH RD WESTBOUND ;ST 100.00.00 PARY'EL 22/306 i( 9FL PARG'EL py/.i10 SEE SI�EF 60-0008,' jI ;N 1 10644.7674 i ; E 60206.5164 / 6 60-0009 i; 1% ALQ£L007T5 ® ..IIY00 5 �y 1/ 165,81 ; L /58 AY R ROAD LC SEE SNEET 60-0008 .OD jjM�\a ii' DE20055 601 00' 75.00 43.LT S l¢ 0£20050 601 •I6.00 t ' 602009. 602.09. 00 46.00' LT LIMIT HO PROJECT THOYPSON RD 30.35' LT 1 i ;� DE20070 602.09.00 STA 600.00.00 ` 'P�P'`•� EASYT OR pp 30.35' LT N 1510646.5844 E 2260105.8153 �`-., r >, '.1... • �.., Y •`-.,..-- "'-f,,, \�'`,. '�•_„ 1• F._. � THE Sr OF pq VES , EASYT FOR THE ARCA •1 ; CONST OF SLOPES AREA •1 r r LIMIT OF CONSTRUCTION ir �'>' OYPSO i I ROADTH DE20065 4.00' LT 4602.F3.5.._8..1 cv P STA0.00 E 078719 % `F✓•is`,, _ - - l ______.__22602. >• 10006 $r LIMIT OF CONSTAUTION, .'I'HOYPSON RD EAST ND TO '�,^ , 602.34.22 '{m ••'' 28.21' LT 11 HOPEWELL BUD S61O0UT "� QFj' TA2 Y•� ez £SNR';D2152'0. 9938 2274 �'v; LIMIT OF HM ADUISITION PppJECT VII, -006 601+ 6.00 ____f-'-•_ gSTA. E 7560622.6652 OE200 -'•f._, 603•IP. 00 `.jO.PO' RT " iY CONSTMOFFORIVES` DE20040 iY it 603.07.00 83.00' RT �- DIVERSIFIED ESTNENTr GROUP LLC PRESM# 8 ✓OM COLLEFF % YP l/ B[EP22f/C I C C!g „� /6 �#8 ENA3F, T 60-0008 P EL PP/4 SCALE IN FEET iI O 2D 40 BO CP{ PROPERTY AND EXISTING RM LIME ------ 8----- BEGIN LIMIT OF ACCESS. ........... BLA DATE REVISIONS DATE REVISIONS CITY OF MILTON DEPARTMENT OF PUBLIC WORKS REWIRED RM LINE EMD LIMIT OF ACCESS .............. ELA__ LIMI CONSTRUCTION LIMITS _�_.;__ EXISTING LIMIT OF ACCESS ----- RIGHT Of WAY YAP EASEMENT FOR TR ® REO'D LIMIT OF ACCESS -�- PROJECT NO, MIL -006 & MAINTENANCE OF SLOPES © EXISTING LIMIT OF ACCESS L RM ------RF------ REO'D LIMIT OF ACCESS 4 RIW COUNTY, FULTON LAND LOT NO, 475,534 DUM Ne. EASEMENT FOR CONSTR OF SLOPES EASEMENT FOR CONSTR OF DRIVES ® ORANGE BARRIER FENCE DISTRICT: 2 G ND NIA 60-0006 ESA -ENV. SENSITIVE AREA DATE SH 6 OF 9 Par I (22/2041 REDD R/W .............................. DEIlO STATION/ PNT OFFSET/ STATION/ ALIGNMENT ALIGNMENT DIST BEARING BEARING DE20190 44.21 R 502+75.00 Hopewell Rd CIL 610+46.39 87. I6 N 24'39'14.0' E Rd CIL 10149 3.45 L 610+41.75 Thompson Rd CIL DE20192 2.92 N 75'33'21.8' E DE20192 4.31 L 610+44.55Thompson Rd CIL N 75'33'21.8' E 58.34 S 0'43'25.0' W 10150 DE20191 54.00 R 610+46.39 Thompson Rd CIL HOPEWELL RD CIL 44.11 S 60'39'46.6' W S 23'16'43.7' W DE20190 44.21 R 502+75.00 Hopewell Rd CIL REDD R/W _ 1212.48 SF 78.42 REDD R/W 0.028 ACRES DE20191 REMAINDER +/- 2 57 ACRES Rd CIL Par l !22/2041 REDD ESM'T FOR CONSTR OF SLOPES -AREA '1 DE115 PNT OFFSET/ STATION/ ALIGNMENT DE20245 29,83 R __________________________________ 501+60.00 Hopewell Rd CIL DE20190 44.21 R 502+75.00 Hopewell Rd CIL DE20191 54.00 R 610+46.39 Thompson Rd CIL DE20236 87.00 R 610+47.44 Thompson Rd CIL DE20235 72.00 R 502+64.00 Hopewell Rd C/L DE20240 57.00 R 501+60.00 Hopewell Rd C/L DE20245 29.83 R 501+60.00 Hopewell Rd CIL REDD EASUT AREA = 3888.76 SF 611+16.33 ........................................................... Par 2 (22/1961 REO'D R/W OE50 PNT PNT -------------- OFFSET/ _______________________________________________ STATION/ ALIGNMENT DE20000 19.47 L501+00.00 Thompson Hopewell Rd CIL DE20005 25.00 L 501+60.53 Hopewell Rd CIL 1006318.33 L 501+62.09 Hopewell Rd CIL DE20000 19.47 L 501+00.00 Hopewell Rd CIL REDDR/W 202.97 SF 19.40 R REDD R/W 0.005 ACRES 10104 REMAINDER +/- 1.62 ACRES, DE20085 37.00 L Par P !22/1961 REO'D ESM'T FOR CONSTR OF SLOPES - MEA •1 DE55 PNT OFFSET/ STATION/ ALIGNMENT DE20010 __________________________________P 25.00 L 501+00.00 _____________ Ha :well Rd CIL OE20015 33.00 L 501+53.00 Hopewell Rd CIL DE20020 85.00 L 501+40.00 Hopewell Rd CIL 0£20025 86.00 L 501+44.44 Hopewell Rd Cl L DE20005 25.00 L 501+60.53 Hopewell Rd CIL DE20000 19.47 L 501+00.00 Hopewell Rd CIL DE20010 25.00 L 501+00.00 Hopewell Rd C/L REDD EASUT AREA • 678.18 SF Par P !22/1961 REO'D ESM'7 FOR CONSTR OF DRIVES OE60 PNT OFFSET/ STATION/ ALIGNUENT _____________________________________________________________ DE20040 83.00 R 603+07.00 Thompson Rd 'IL OE20045 10.20 R 603+12.00 Thompson Rd CIL DE20030 97.78 R 603+39.00 Thompson Rd CIL DE20035 107.88 R 603*33.00Thompson Rd CIL DE20040 83.00 R 603+07.00 Thompson Rd CIL .............................................................. Por 3 (22/348) REO'D R/W ........................E140 D ... STATION/ PNT PNT OFFSET/ ..... .............................. STATION/ ALIGNMENT ------------------------------------------------------------- DIST BEARING 10006 28.21 L DE20191 54.00 8 610+46.39 Thompson Rd CIL Rd CIL 56.34 N0 '43'25.0' E 603+01.89 Thompson Rd CIL DE20192 4.31 L 610+4455 Thompson Rd CIL 56.29 L 57.08 N 75'33'21.8' E Thompson Rd CIL 54.60 10150 20.97 L 610+99.23 Thompson Rd CIL HOPEWELL RD CIL 48.12 S 21'08'35.0' E S 23'16'43.7' W 610+47.44 SF DE20195 24.00 R 611+16.33 Thompson Rd CIL 261.89 78.42 S 69'19'22.3' W 10006 28.21 L DE20191 54.00 R 610+46.39 Thompson Rd CIL REDD R/W • 3493.41 SF 1.040 +/- n M ACRES en NFC REDD R/W 0.080 ACRES Par 4 (22/173) .............................................................. REBID R/W REMAINDER +/- 3.45 ACRES HOPEWELL RD CIL 146.19 .............................................................. Por 3 (22/348) REDID ESM'T FOR CONSTR OF SLOPES - AREA •1 DE135 .............................................................. Par 5 (22/3211 REO'D R/W OE! STATION/ PNT OFFSET/ STATION/ ALIGNMENT ------------------------------------------------------- DIST BEARING PNT 10006 28.21 L 602+34.22 Thompson Rd CIL 54.00 R 140.00 N 3'00'00.0' E Rd CIL DE20075 165.61 L 603+01.89 Thompson Rd CIL DE20195 268.36 S 87'55'57.1' E Thompson DE20080 56.29 L 605+31.00 Thompson Rd CIL Thompson Rd CIL 54.60 S 87'55'57.1' E 611+23. T3 10007 21.50 L 504+06.52 HOPEWELL RD CIL 613+13.00 179.60 S 23'16'43.7' W 610+47.44 SF 10097 11.34 L 502+28.62 HOPEWELL RD CIL 613+59.05 613+56.66 261.89 N 81'54'57.2' W 52.00 R 10006 28.21 L 602+34.22 Thompson Rd CIL REDD R/W 45313.61 SF .............................................................. REDD R/W NFYAJYnFR 1.040 +/- n M ACRES en NFC REDD EASMT AREA - 689.25 SF PNT OFFSET/ STATION/ ALIGNMENT Par 6 (22/2401 REO'D ESY'T FOR CONSTR OF SLOPES - MEA •/ DEIOS DE20236 87.00R 610+47.44 Thompson Rd CIL PNT OFFSET/ STATION/ ALIGNMENT DE20191 54.00 R 61046.39 Thompson Rd CIL -_____--""--""""""'-'- 19.40 R 613+18.00 ---- DE20195 24.00 R 611+16.33 Thompson Rd CIL 0£20175 47.29 L 612+93.00 Thompson Rd CIL DE20230 52.00 R 611+23. T3 Thompson Rd CIL DE20180 50.00 L 613+13.00 Thompson Rd CIL DE20236 87.00 R REDD EASMT AREA - 2536.43 610+47.44 SF Thompson Rd CIL DE20185 10008 40.00 L 30.34 L 613+59.05 613+56.66 Thompson Rd CIL Thompson Rd CIL DE20230 52.00 R 611+23.73 Thompson Rd CIL DE20175 47.29 L 612+93.00 Thompson Rd CIL .............................................................. 506+75.00 Hopewell Rd CIL RADIUS 747, 08 REDD EASMT AREA - 689.25 SF Par 4 (22/173) .............................................................. REBID R/W DE120 10135 23.17 L 505+53.23 HOPEWELL RD CIL 146.19 S 23'35'50.5' W DEGREE • 9'04'48.5' PMT OFFSET/ STATION/ ALIGNMENT N 87'55'57. 1' W DE20135 45.00 L DE20080 56.29 L 605+31.00 THOMPSON RD CIL REDD R/W 5045.53 DIST BEADINGPar REDD R/W 0.116 REMAINDER +/- 8.97 ACRES ACRES 6 (22/2401 REO'D ESM'T FOR CONSTR OF SLOPES - MEA •2 DE100 DE20195 24.00 R 611+16.33 ........ ____ Thompson ... __ Rd CIL PNT OFFSET/ STATION/ ALIGNMENT 10150 48.12 20.97 L N 21'08'35.0' W 610,99.23 Thompson Rd CIL _____________________________________ DE20165 106.33 L 611+55.04 _____ THOMPSON RD CIL RADIUS639.00 207.68 N 75'33'24.4' E DEED170 67.01 L 612+61.52 THOMPSON RD CIL DE20200 19.40 R 613+18.00 Thompson Rd C/L 10104 77,95 L 612+25.08 THOMPSON RD CIL DE20085 37.00 L 111.43 S 50'46'04.4' W 5 85, 15 L 611+74.88 THOMPSON RD CIL DE20205 25.00 R 612+07.00 Thompson Rd CIL 01 0£20165 106.33 L 611+55.04 THOMPSON RD CIL REDD EASMT AREA . 6182.69 SF 100.91 S 74'56'51.6' W REDD EASMT AREA • 582.17 SF DE20195 REDD R/W 24.00 R - 726522 611+16.33 SF Thompson Rd CIL REDD RIW 0.167 ACRES REMAINDER +/- 0.83 ACRES j Par �4f(221173) REBIDfESM'T FOR CONSTR OF SLOPES- AREA •I + +DE125 PST ...... OFFSET/ ....... STATION/ ------------------------- ALIGNMENT DE20230 52.00 R 611+23.73 Thompson Rd CIL DE20195 24.00 R 611+16.33 Thompson Rd CIL DE20205 25.00 R 612+07.00 Thompson Rd CIL DE20200 19.40 R 613+18.00 Thompson Rd CIL 10154 24.56 R 613+71.01 Thompson Rd CIL DE20216 34.00 R 613+68.48 Thompson Rd CIL DE20220 38.00 R 612+98.00 Thompson Rd CIL DE20225 54.00 R 611+99.00 Thompson Rd CIL 0£20226 55.00 R 611+74.00 Thompson Rd CIL DE20230 52.00 R 611+23.73 Thompson Rd CIL REDD EASMT AREA • 6189.79 SF CHORD BEM N 17'22'01.7' CHORD BEM S 15'54'32.0' W REVISIONS .............................................................. Por 6 (22/240) REDD ESMI FOR CONSTR OF SLOPES - AREA •3 DE95 Par 7 (22/3301 REO'D R/W ................................ DEBO STATION/ PNT OFFSET/ STATION/ ALIGNMENT DIST _____________________________________________________________ BEARING Rd CIL DE20080 56.29 L 605+31.00 THOMPSON RD CIL 72.79 N 53'18'16.1- E DE20065 DE20085 37.00 L 504+50.00 HOPEWELL RD CIL 108.92 N 24'11'46.9' E 28.21 L DE20090 37.00 L 505+58.92 HOPEWELL RD CIL ARC LENGTH 97.44 30.35 L 602+09.00 CHORD BEAR N 19'49'40.2' E Rd CIL LNTH CHORD 97.35 Hopewell Rd CIL DE20115 63.00 L DE20120 53.10 L RADIUS639.00 HOPEWELL RD CIL HOPEWELL'CIL CHORD BEM N 17'32'51.1' DEGREE • 8'57'59.3' DE20125 45.00 L DE20093 37.00 L 506+62.00 HOPEWELL RD CIL 55.05 N 4'39'19.5' E DE20130 45.00 L BEE0135 45.00 L 507+20.00 HOPEWELL RD CIL 17.03 S 79'2T'23.7' E MC LENGTH 150.28 DE20100 27.97 L 507+20.00 HOPEWELL RD CIL ARC LENGTH • 160.63 CHORD BEM N 17'22'01.7' CHORD BEM S 15'54'32.0' W LNTH CHORD 160.32 506+75.00 Hopewell Rd CIL RADIUS 747, 08 DEGREE 7'40'09.5' RADIUS 631.00 10135 23.17 L 505+53.23 HOPEWELL RD CIL 146.19 S 23'35'50.5' W DEGREE • 9'04'48.5' 10007 21.50 L 504+06.52 HOPEWELL RD CIL 54.80 N 87'55'57. 1' W DE20135 45.00 L DE20080 56.29 L 605+31.00 THOMPSON RD CIL REDD R/W 5045.53 SF DE20093 37.00 L REDD R/W 0.116 REMAINDER +/- 8.97 ACRES ACRES .............................................................. Por 7 (22/3301 REO'D ESM'T FOR CONSTR OF SLOPES - MEA 'I DE70 PNT _____________________________________________________________ .............................................................. OFFSET/ STATION/ ALIGNMENT DE20070 30.35 L602+09.00 Hopewell Rd CIL Thompson Rd CIL DE20060 46.00 L 602+09.00 Thompson Rd CIL DE20065 44.00 L 602+35.87 Thompson Rd CIL 10006 28.21 L 602+34.22 Thompson Rd CIL DE20070 30.35 L 602+09.00 Thompson Rd CIL REDD EASMT AREA • 334.24 SF Hopewell Rd CIL DE20115 63.00 L DE20120 53.10 L PNT OFFSET/ STATION/ ALIGNMENT ................. ........................................... ,. Por 7 (22/3301 REO'D ESM'T FOR CONSTR OF SLOPES - MEA •2 DE85 DE20150 27.67 R 506+75.00 Hopewell Rd CIL PNT OFFSET/ STATION/ ALIGNMENT DE20155 52.00 R 505+45.00 Hopewell Rd CIL DE20160 54.35 R 505+00.00 Hopewell Rd CIL DE20105 76.64 L 604+50.00 THOMPSON RD CIL 10106 33.28 R 505+09.03 Hopewell Rd CIL DE20110 78.00 L 504+28.00 HOPEWELL RD CIL 10107 31.80 R MC LENGTH • 125.14 505+55.00 Hopewell Rd CIL DE20115 63.00 L DE20120 53.10 L 504+50.00 505+05.00 HOPEWELL RD CIL HOPEWELL'CIL CHORD BEM N 17'32'51.1' E DE20125 45.00 L 505+50.00 HOPEWELL RD CIL LNTH CHORD 125.00 DE20130 45.00 L 505+59.00 HOPEWELL RD CIL RADIUS - 747.08 MC LENGTH 150.28 DEGREE - 7'40'09.5' CHORD BEM N 17'22'01.7' E DE20150 27.67 R 506+75.00 Hopewell Rd CIL LNTH CHORD = 149.93 REDD EASMT AREA • 1883.78 SF RADIUS 631.00 DEGREE • 9'04'48.5' DE20135 45.00 L 507+20.00 HOPEWELLRD CIL DE20093 37.00 L 506+62.00 HOPEWELL RD CIL MC LENGTH 97.44 CHORD BEM S 19'49'40.2' W LNTH CHORD 97.35 RADIUS639.00 DEGREE • 8'57'59.3' DE20090 37.00 L505+58.92 HOPEWELL RD CIL DE20085 37.00 L 504+50.00 HOPEWELL RD CIL DE20080 56.29 L 605+31.00 THOMPSON RD CIL DE20105 76.64 L 604+50.00 THOMPSON RD CIL REDD EASMT AREA . 6182.69 SF REVISIONS DEPARTMENT OF PUBLIC WORKS 60