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HomeMy WebLinkAboutAgenda Packet - CC - 10/07/2019Page 1 of 3 Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, October 7, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist 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. 19-218) 5)PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 7, 2019 Page 2 of 3 6) CONSENT AGENDA 1. Approval of a Task Order between the City of Milton and BM&K, P.C. to Provide Construction Inspection Services for Land Development Activities (Part-Time Land Development Inspector). (Agenda Item No. 19-219) (Parag Agrawal, Community Development Director) 2. Approval of Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. The Milam Group, LLC LL 481, 527, & 528 1530 Dinsmore & 15295 Freemanville Minor Plat Reconfigure 2 existing lots 2.54 0.78 Lots / acre (Agenda Item No. 19-220) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Hopewell Mustangs All Star Baseball 2018 6U and 2019 7U Team Day. (Presented by Councilmember Joe Longoria) 2. Swearing in of Firefighters David Jones and Michael Dalton. (Robert Edgar, Fire Chief) 8) FIRST PRESENTATION 1. Consideration an Ordinance Amendment to Chapter 48, Article VII, Division 3, Section 48-585 for Prohibitions and Uses in the Public-Rights-of- Way to Address Fixed Objects with the Right-of-Way. (Agenda Item No. 19-221) (Robert Drewry, Public Works Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 7, 2019 Page 3 of 3 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Update the City of Milton’s Chapter 56, Article V - Regulations Related to Parking and for Related Purposes. (Agenda Item No. 19-215) (First Presentation at September 23, 2019 City Council Meeting) (Rich Austin, Police Chief) 2. Consideration of an Ordinance of the City Milton to Revise and Update Chapter 4, Section 4-235, (5)a.3 as it Relates to the Crimes Preventing the Possession of a Pouring Permit. (Agenda Item No. 19-216) (First Presentation at September 23, 2019 City Council Meeting) (Rich Austin, Police Chief) 12) NEW BUSINESS 1. Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and United Athletics, Inc. for Fulton Tax Parcel No. 22 357010920690, 170 Cox Rd. (8.128 Acres) with a Purchase Price of $1,500,000. (Agenda Item No. 19-222) (Jim Cregge, Parks and Recreation Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Community Outreach 14) EXECUTIVE SESSION (Land Acquisition) 15) ADJOURNMENT (Agenda Item No. 19-223) TO: FROM: MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 3, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order between the City of Milton and BM&K, P.C. to Provide Construction Inspection Services for Land Development (Part -Time Land Development Inspector) MEETING DATE: Monday, October 7, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (djr'APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: kKYES () NO CITY ATTORNEY REVIEW REQUIRED: (,,,(YES () NO APPROVAL BY CITY ATTORNEY. (,,J -APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 10/07/10 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoecityofmiltonga.w I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on October 3, 2019 for the October 7, 2019 Regular City Council Meeting Agenda Item: Approval of a Task Order between the City of Milton and BM&K, P.C. to Provide Construction Inspection Services for Land Development Activities (Part-time Land Development Inspector) _____________________________________________________________________________________ Project Description: Approval of a task order to provide a part-time inspector to conduct construction inspection services for land development activities. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 100-7410-521200004 Requisition Total: $38,000 Financial Review: Bernadette Harvill, October 3, 2019 Legal Review: Sam VanVolkenburgh, September 18, 2019 Attachment(s): Task order to provide construction inspection services for land development activities MI LTON' 4 MMLI5HFD3 TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR LAND DEVELOPMENT ACTIVITIES - Part -Time Inspector THIS TASK ORDER between the parties is entered into pursuant to a pre-existing Professional Services Agreement (RFQ #17-PWOI), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. This Task Order also supplements (and does not supersede) the existing "Task Order to Provide Construction Inspection Services for Land Development Activities" current in force between the parties. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting an additional part-time inspector for construction inspection services for land development activities within the City. The services to be provided under this task order shall ensure that land development activity carried out within the City is in conformance with approved plans and permits issued by the City. The Inspector will be issued permitted drawings by the City as the basis for performing inspections. A qualified inspector shall be provided to ensure that all work and materials conform to the requirements of the approved plans, and specifications. The Consultant shall keep detailed and accurate records of the daily operations and will be required to utilize inspection and reporting software as may be required by the City. Timing: The term of this task order will begin on October 1, 2019 and end six (6) months later unless sooner terminated in writing (for any reason) by the City. Compensation: This task order shall not exceed $38,000.00 based upon an hourly rate of $72.14/hour. Attachments: The following document is incorporated by reference and compliance with this document is a material term of tlus Task Order: GDOT Specification Section 105 - Control of Work [SIGNATURES ON FOLLOWING PAGE] 2006 Heritage Walk Milton, GA 30004 P: 678:242.2500 � F: 678.242.2499 infoOcityofmiltonga.us � www.ciiyofmilionga.us 0000 M MTN'�r ESTABLISHED ]W6 Approved by City Council Mayor Date Approved as to form: City Attorney CITY OF MILTON: By: Title: Name: Date: 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info@cltyofmlitonga.us � www.cityofmiltonga.us O O © O MILTON% ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: October 2, 2019 Steven Krokoff, City Manager Approval of Subdivision Plats Monday, October 7, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.)�-APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-)'NO CITY ATTORNEY REVIEW REQUIRED: () YES (, Ao APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ; c/ C 7 1 e c fer 2006 Heritage Walk Milton, GA P. 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal , Community Development Director Date: Submitted on September 26, 2019 for the October 7, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Milam Group minor plat described herein consists of two existing parcels located at 1530 Dinsmore Road and 15295 Freemanville Road. The purpose of this minor plat is to reconfigure the existing lots. No new lots are being created. The sizes of the reconfigured lots are 1.4 and 1.1 acres, respectively. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 5 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. The Milam Group, LLC LL 481, 527, & 528 1530 Dinsmore & 15295 Freemanville Minor Plat Reconfigure 2 existing lots 2.54 0.78 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MILTON%rr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 2, 2019 FROM: Steven Krokoff, City Manager �2) AGENDA ITEM: Proclamation Recognizing Hopewell Mustangs All Star Baseball 2018 6U and 2019 7U Team Day MEETING DATE: Monday, October 7, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41 PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES ( K\10 CITY ATTORNEY REVIEW REQUIRED: (J YES (^0 APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: d L iG71 ?c, 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 Hopewell Mustangs All Star Baseball 2018 6U and 2019 7U Team Day WHEREAS, baseball is a sport that requires skillful hand-eye coordination, mental awareness and physical endurance, and; WHEREAS, the Hopewell Youth Association has provided youth baseball programming at Bell Memorial Park since 1986, and; WHEREAS, every year the Hopewell Youth Association creates summer All Star teams for multiple age groups of youth players and in 2017, they created the first ever 5U Hopewell Mustangs All Star team, and; WHEREAS, in 2018, the now 6U Hopewell Mustangs won four tournaments leading up to the very first Dizzy Dean League State Tournament Championship for a Hopewell All Star team, and finished second in the Dizzy Dean World Series, compiling a record of 31 wins and 3 losses, and; WHEREAS, in 2019, the now 7U Hopewell Mustangs won three tournaments, including their second Dizzy Dean State Championship, leading up to the very first Dizzy Dean World Series Tournament Championship for a Hopewell All Star team, compiling a record of 26 wins and 4 losses, and; WHEREAS, the 2018 6U and 2019 7U Hopewell Mustangs have a combined 2-year record of 57 wins, 7 losses and they have never lost two consecutive games, and; WHEREAS, the players on the 2018 6U and 2019 7U Hopewell Mustangs are champions not only on the field, but also in the classroom, in the community and in life; we are proud that this great team is located in Milton, Georgia. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, October 7th as “Hopewell Mustangs All Star Baseball 2018 6U and 2019 7U Team Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 7th day of October 2019 _________________________________ Joe Lockwood, Mayor TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 2, 2019 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance Amendment to Chapter 48, Article VII, Division 3, Section 48-585 for Prohibitions and Uses in the Public Rights -of -Way to Address Fixed Objects within the Right -of -Way MEETING DATE: Monday, October 7, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ('YES () NO CITY ATTORNEY REVIEW REQUIRED: (,�'YES () NO APPROVAL BY CITY ATTORNEY: (, 'APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: t 01'?1l "c' 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: Robert W. Drewry, Director of Public Works Date: Submitted on September 23, 2019 for First Reading on October 7, 2019 Regular City Council Meeting and Second Reading on October 21, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance Amendment to Chapter 48, Article VII, Division 3, Section 48-585 for Prohibitions and Uses in the Public Rights-of-Way to Address Fixed Objects within the Right-of-Way _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: The current municipal code section addresses fixed objects encroaching in the public right-of-way. However, the current code language implies that fixed objects in the right- of-way are safety hazards. Not all fixed objects and encroachments in the right-of-way constitute a safety hazard. Often times those fixed objects are within the right-of-way but, not all those fixed objects are within “clear zones” to allow the operator of a vehicle to re-enter the roadway after leaving the roadway and therefore, not all those fixed objects are foreseen as a safety hazard. Th e recommendation is to replace the ordinance language stating that “fixed objects within the right-of-way are safety hazards” with language to the effect that objects that “in the reasonable opinion of the City traffic engineer or his/her designee, may pose a safety hazard” are not allowed in the right of way. It is also recommended that language in the code providing that fixed mailboxes are not allowed in the right of way be modestly adjusted to account for the traffic engineer’s discretion regarding other objects in the right of way. The code further directs City staff to perform safety evaluations of those encroachments. Those evaluations may result in action by the City to direct the owner to remove those encroachments. Funding and Fiscal Impact: None Alternatives: 1. Amend ordinance per staff’s recommendation. 2. Not to amend ordinance. Legal Review: Ken Jarrard, Jarrard & Davis, 9/18/19 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Redline of Ordinance Revision Ordinance to Amend 48-585 Exhibit “A” to Ordinance Amendment to Chapter 48 Section 48-585 Sec. 48-585. - Location within the right-of-way. (a) A right-of -way and utility encroachment permit is required for all activities within the right-of -way including, but not limited to, the construction, installation, repair or replacement of pipe, conduit, cable or other facilities vital to the function of the utility or construction site referenced for the flow of traffic (vehicles and pedestrians) (i.e., a driveway, shoulder, or road construction) at the referenced location. Such permit shall be managed by the public works department. (b) Irrigation systems, landscaping, fences, walls, non-operable vehicles, trailers, boats, dumpsters and other fixed objects within the right-of -way are that, in the reasonable opinion of the City traffic engineer or his/her designee, may pose a safety hazard are not allowed within the right-of -way. However; certain landscaping and irrigation systems may be permitted upon the submittal of an indemnification form and other documents as may be required by the public works department. (1) New unpermitted installations of such encroachments shall be removed and shoulders dressed at the cost of the property owner within 30 calendar days of the citation plus a fine of one-half the cost of the largest permit fee for the site. Should such installations be on an active construction site, all CO's, LDP's, final plats, or other pressing applications to the city will be held until such fine is paid by the property owner. (2) Existing installations shall be subject to safety evaluations and must be relocated outside of the right-of -way when major repairs or replacement occurs. Safety evaluations by public works may result in an eviction notice and subsequent removal of such installation. Such removal shall occur within 30 calendar days; however, no fine shall be assessed for existi ng permitted installations. The burden of proof for the date of existing installations shall be by the Fulton County permit date, dated construction drawings, or receipts. Without these, a fine shall be assessed as if it was a new unpermitted installation. (3) Temporary items such as dumpsters, parked semi-trucks, and other related items as determined by the public works department shall be given a citation and will be towed from the right-of-way immediately to the subject parcel. The cost to the city will be reimbursed at a rate of 125 percent plus a $500.00 fine awarded to the property owner. An exception shall be moving to or from a house: a semi without a tractor is allowed to park on a neighborhood street when a right-of -way encroachment permit is approved and proper advance warning signage is used. The maximum length of time this permit for this application will be valid shall be 48 hours. (c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Service (USPS). In addition: (1) Single breakaway post mailboxes shall be the standard installation, placed five feet from the edge of pavement. This installation shall not require a permit. (2) Notwithstanding the discretion in section 48-585(b) for certain fixed objects in the right of way, fixed object mailboxes (i.e., brick, stone, concrete, stucco, anything other than a standard mailbox) are not allowed within the right-of -way. Installations of such mailboxes shall also be subject to other requirements of this chapter and the AASHTO Roadside Design Guide, current edition. Exhibit “A” Chapter 48, Article VII, Division 3, Section 48-585 Sec. 48-585. - Location within the right-of-way. (a) A right-of -way and utility encroachment permit is required for all activities within the right-of -way including, but not limited to, the construction, installation, repair or replacement of pipe, conduit, cable or other facilities vital to the function of the utility or construction site referenced for the flow of traffic (vehicles and pedestrians) (i.e., a driveway, shoulder, or road construction) at the referenced location. Such permit shall be managed by the public works department. (b) Irrigation systems, landscaping, fences, walls, non-operable vehicles, trailers, boats, dumpsters and other fixed objects within the right-of -way that, in the reasonable opinion of the City traffic engineer or his/her designee, may pose a safety hazard are not allowed within the right-of -way. However; certain landscaping and irrigation systems may be permitted upon the submittal of an indemnification form and other documents as may be required by the public works department. (1) New unpermitted installations of such encroachments shall be removed and shoulders dressed at the cost of the property owner within 30 calendar days of the citation plus a fine of one-half the cost of the largest permit fee for the site. Should such installations be on an active construction site, all CO's, LDP's, final plats, or other pressing applications to the city will be held until such fine is paid by the property owner. (2) Existing installations shall be subject to safety evaluations and must be relocated outside of the right-of -way when major repairs or replacement occurs. Safety evaluations by public works may result in an eviction notice and subsequent removal of such installation. Such removal shall occur within 30 calendar days; however, no fine shall be assessed for existing permitted installations. The burden of proof for the date of existing installations shall be by the Fulton County permit date, dated construction drawings, or receipts. Without these, a fine shall be assessed as if it was a new unpermitted installation. (3) Temporary items such as dumpsters, parked semi-trucks, and other related items as determined by the public works department shall be given a citation and will be towed from the right-of-way immediately to the subject parcel. The cost to the city will be reimbursed at a rate of 125 percent plus a $500.00 fine awarded to the property owner. An exception shall be moving to or from a house: a semi without a tractor is allowed to park on a neighborhood street when a right-of -way encroachment permit is approved and proper advance warning signage is used. The maximum length of time this permit for this application will be valid shall be 48 hours. (c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Service (USPS). In addition: (1) Single breakaway post mailboxes shall be the standard installation, placed five feet from the edge of pavement. This installation shall not require a permit. (2) Notwithstanding the discretion in section 48-585(b) for certain fixed objects in the right of way, fixed object mailboxes (i.e., brick, stone, concrete, stucco, anything other than a standard mailbox) are not allowed within the right-of -way. Installations of such mailboxes shall also be subject to other requirements of this chapter and the AASHTO Roadside Design Guide, current edition. STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 48 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets, sidewalks and other public places within the City of Milton; and WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s residents to amend Chapter 48 to clarify that objects in the right of way may pose a safety hazard. NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS , while in a Regular called Council meeting on the ____ day of ____________, 2019 at 6 p.m. as follows: SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances, Section 48-585 shall be amended to the Ordinance attached hereto as Exhibit “A” as if fully set forth her ein. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the _____ day of __________, 2019. Approved: ______________________________ Attest: Joe Lockwood, Mayor __________________________ City Clerk (Seal) To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on September 13, 2019 for the September 23, 2019 Regular City Council Meeting (First Presentation) and October 7, 2019 (Unfinished Business) Agenda Item: Consideration of an Ordinance to Update the City of Milton’s Chapter 56, Article V - Regulations Related to Parking and for Related Purposes _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: This is a proposed update to City’s Code Chapter 56 (Traffic and Vehicles). The purpose of this update is to add specific parking restrictions and grant authority to the Public Safety Ambassadors to issue parking tickets. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Jeff Strickland, Jarrard and Davis (September 12, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision Page 1 of 3 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO UPDATE REGULATIONS AND RESTRICTIONS RELATED TO PARKING, AND FOR RELATED PURPOSES The Council of the City of Milton hereby ordains, while in a regularly called Council meeting on the 7th day of October 2019 at 6:00 p.m., as follows: WHEREAS, pursuant to O.C.G.A. § 32-4-92(a)(7), the City is empowered to regulate and control the use of the public roads and to regulate the parking of vehicles on its municipal street system and on portions of the county road system that extends within the corporate limits of the City in order to facilitate the flow of traffic; and, WHEREAS, pursuant to O.C.G.A. § 32-6-2(3), the City is generally authorized to regulate and control the parking of vehicles on its municipal street system and on extensions of a county road system within its corporate limits; and WHEREAS, pursuant to Section 1.12(b)(14) of the City Charter, the City is authorized to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the welfare and safety of the inhabitants of the city and to prov ide for the enforcement of such standards; and, WHEREAS, the City desires to update its regulations and restrictions applicable to vehicle parking. NOW THEREFORE, the Council of the City of Milton hereby ordains that The Code of the City of Milton, Georgia, is hereby amended by adding a new Article V to Chapter 56 (Traffic and Vehicles) which article shall be titled “Parking“ and shall read as shown in Exhibit A attached hereto and incorporated herein by reference. ORDAINED this 7th of October 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk Commented [JS1]: Section 1.12(b)(17) of the City Charter relates to “Homestead exemption.” Commented [JS2]: See Code Section 1-13(c). Page 2 of 3 EXHIBIT A Parking CHAPTER 56 ARTICLE V. - PARKING DIVISION 1. - GENERALLY Sec. 56-72. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different m eaning: Parking Safety Ambassador means non-sworn personnel designated by the Chief of Police or designee, for the purpose of enforcing parking regulations, including issuance of citations and/or towing of vehicles parked in restricted areas. Sec. 56-73. - Parking not to obstruct traffic. No person shall park any vehicle upon a street in such manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic. It shall be unlawful for any person willfully and unnecessarily to fail or refuse to move such person's vehicle when it is stopped in such manner as to obstruct or impede the normal and reasonable movement of traffic on the streets . Sec. 56-74. - Vehicles not to obstruct crosswalks. No driver of a motor vehicle shall enter a marked crosswalk unless there is sufficient space on the other side of the crosswalk to accommodate the vehicle, and such driver is operating without obstructing the passage of other vehicles or pedestrians, notwi thstanding any traffic- control signal indication to proceed. Sec. 56-75. - Double parking prohibited. The parking of two or more vehicles abreast of each other is prohibited upon all streets in the city. Sec. 56-76. - Parking of specified motor vehicles, motor homes, trailers, semitrailers or truck tractors in residential zone—Prohibited. Page 3 of 3 No motor vehicle exceeding twenty (20) feet in length, and/or 10,000 pounds gross vehicle weight, or any trailer coach, motor home, trailer, semitrailer, or truck tractor, or part of such vehicle, shall be parked or stored upon the street adjacent to any lot zoned residential except: (a) Commercial vehicles, when such vehicles are being expeditiously loaded or unloaded, or equipment on such vehicles is being used to perform the special operations for which it was designed, including, but not limited to, the construction, operations, removal or r epair of utility or public utility property or facilities or public streets and rights -of -way. (b) Motor coaches, trailer coaches or motor homes when parked for a period of less than 24 hours. For the purpose of this section, the term "gross vehicle weight" sh all mean the weight of a vehicle without load plus its rated carrying capacity, as specified by the manufacturer of the vehicle. The term "trailer," when used in this section, shall include any type of wheeled vehicle, regardless of the use for which it is designed, which is designed to be pulled by a motor vehicle. The term "motor coach," when used in this section, is defined as any wheeled motor vehicle which is a single self -contained unit with motive powers, which is designated and generally used for oc cupancy by persons for residential purposes. Sec. 56-76. - Compliance with no-parking or restricted parking markings It shall be unlawful for any person to park any vehicle on any street in the city where: (1) a street or portion thereof has been designated by the city as a “No Parking” area by visible paint, sign or other marking; or (2) a street or portion thereof has been marked by the city by visible paint, sign or other marking which provide for parking, and such person fails to comply with such marking or sign which limit or condition parking in such area. Commented [JS3]: What about moving trucks? Commented [JS4]: Unless these terms are defined differently elsewhere, you might consider moving this up to the “Definitions” section. To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on September 13, 2019 for the September 23, 2019 Regular City Council Meeting (First Presentation) and October 7, 2019 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City of Milton to Revise and Update Chapter 4, Section 4-235, (5)a.3 as it Relates to the Crimes Preventing the Possession of a Pouring Permit _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: This is an update and revision to Chapter 4, specifically as it relates to crimes preventing the possession of a pouring permit. Staff recommendation is to change the restriction from Illegal possession and sales of controlled substances to that of felony possession and sale of controlled substances. Funding and Fiscal Impact: None. Alternatives: N/A Legal Review: Molly Esswein, Jarrard and Davis (September 6, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision Page 1 of 4 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE AND UPDATE THE CRIMES PREVENTING THE POSSESSION OF A POURING PERMIT, AND FOR RELATED PURPOSES The Council of the City of Milton hereby ordains, while in a regularly called Council meeting on the 23rd7th day of OctoberSeptember 2019 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to provide for the general health, safety, and welfare; and, WHEREAS, the City desires to update the crimes that prevent the possession of a pouring permit; NOW THEREFORE, Chapter 4-235 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as Exhibit A. ORDAINED this 23rd7th day of OctoberSeptember 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk EXHIBIT A Sec. 4-235. - Pouring permits required. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises, including establishments holding an incidental license, BYOB license, or limited tap licenses: (1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. (2) This section shall not be construed to include volunteer groups with nonprofit tax- exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employee s of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (3) No pouring permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security num ber. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (4) The chief of police or his or her designee shall have a complete and exhau stive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (5) Crimes preventing the possession of a pouring permit: a. The applicant shall submit to fingerprinting as part of a background investigation by the city police department in connection with the application for the permit. No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: 1. Moral turpitude; 2. Illegal gambling; 3. FelonyIllegal possession or sale of controlled substances; 4. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); Page 3 of 4 5. Keeping a place of prostitution; 6. Pandering; 7. Pimping; 8. Public indecency; 9. Prostitution; 10. Solicitation of sodomy; or 11. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. b. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application and shall be valid for use at any licensed establishment. As noted in subsection (1) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the l icensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (7) Reserved. (8) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (9) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (10) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. Page 4 of 4 (11) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. (12) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (13) Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter. MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 2, 2019 FROM: Steven Krokoff, City Manager-� AGENDA ITEM: Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and United Athletics, Inc. for Fulton Tax Parcel No. 22 357010920690, 170 Cox Rd. (8.128 Acres) with a Purchase Price of $1,500,000 MEETING DATE: Monday, October 7, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4, -?ES () NO CITY ATTORNEY REVIEW REQUIRED: (,KYES () NO APPROVAL BY CITY ATTORNEY: (..)"APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@?dtyofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted October 1, 2019 for the October 7, 2019 Regular City Council Meeting Agenda Item: Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and United Athletics, Inc. for Fulton Tax Parcel No. 22 357010920690, 170 Cox Rd. (8.128 Acres) with a Purchase Price of $1,500,000 _____________________________________________________________________________________ Department Recommendation: Staff recommends approval of the contract for the purchase of the above referenced Fulton County tax parcel. Executive Summary: The City of Milton’s Parks and Recreation Department has identified this parcel for acquisition in order to support continued growth in our lacrosse program. This is in accordance with the recommendations of the 2027 Parks and Recreation Master Plan. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 300-6110-541401401 - $ 489,150 350-6110-541401401 - $1,010,850 Requisition Total: $1,500,000 Financial Review: Bernadette Harvill, October 3, 2019 Legal Review: Jeff Strickland – Jarrard & Davis, October 1, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment: Contract to purchase AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this day of , 2019, by and between the CITY OF MILTON, a Georgia municipal corporation ("Buyer"), and UNITED ATHLETICS, INC., a Georgia corporation, fka United Futbol Academy, Inc. (referred to herein as "Seller"). AGREEMENT 1. Real Property. The Buyer agrees to buy, and the Seller agrees to sell, all that tract or tracts of land located in Land Lot 1092, 2nd District of Fulton County, Georgia, with a current property address of 170 Cox Road, Milton, Georgia, and containing a total of 8.128 acres, more or less, as more particularly described on Exhibit "A," attached hereto and incorporated herein by reference, and otherwise known as Fulton County Tax Parcel 22 357010920690, and including all structures, fixtures and appurtenances attached thereto (hereinafter referred to as the "Property"). Prior to or contemporaneous with closing this transaction, Buyer shall have prepared a survey and associated plat of the Property by a licensed land surveyor and shall make same available for Seller's prior review and approval. The final survey contemplated in this paragraph shall establish the boundary of the Property. 2. Personal Property. The parties agree that they or their representatives have conducted a joint walk-through of the Property to discuss what items of personal property, removables, furniture, and/or equipment are included in this transaction. The list of personal property items included in this transaction, and included in the definition of Property hereunder, is attached hereto at Exhibit "C." The parties agree to execute a bill of sale and receipt regarding these items at closing. ON 3. Purchase Price. The purchase price of the Property shall be ONE MILLION FIVE HUNDRED THOUSAND U.S. Dollars ($1,-500,000.00). 4. Earnest Money. Promptly following the Effective Date (defined below) of this Agreement, Buyer will pay to Seller FIFTEEN THOUSAND U.S. Dollars ($15,000.00) as earnest money ("Earnest Money") to be held by Keller Williams Commercial Atlanta Perimeter until the closing, which Earnest Money shall be applied as part payment of the purchase price of the Property at the time of closing, and in the event the sale is not closed, then in that event the earnest money shall be immediately returned to Buyer, except as otherwise provided for herein. Seller shall provide a completed IRS Form W-9 (a form of which is attached hereto marked Exhibit "B") to Buyer to facilitate the processing of any and all payments hereunder, including the Earnest Money. Buyer's obligation to pay Earnest Money shall not arise until Buyer has received a completed IRS Form W-9 from Seller. 5. Due Diligence. The Buyer shall have a ninety (90) day Due Diligence period commencing immediately upon the Effective Date (defined below) of this Agreement. During the Due Diligence period, the Buyer may enter the property and may conduct geotechnical and environmental testing, including but not limited to soil borings, and may otherwise generally inspect the Property, to include surveying same, and may terminate this Agreement with or without cause, and in the event of such termination Buyer shall receive a full refund of the Earnest Money. At the conclusion of the Due Diligence period, the Buyer's right to terminate as described in this Section shall expire. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least five (5) days prior to the end of the Due Diligence period. All issues as 2 to title defects and/or unacceptable exceptions to title shall be satisfactorily resolved by Seller prior to closing. It is agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties prior to closing. If the Buyer shall decline to accept the Property due to a title defect or other exception to title, then this Agreement shall be null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder, and Buyer shall receive a full refund of the Earnest Money. 6. Marketable Title. Seller agrees to furnish to the Buyer good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing by the Buyer; (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ALTA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in accordance with this Agreement. 7. Warranty. The Seller hereby affirmatively warrants that it has no knowledge of any latent or patent physical condition(s), hazards(s) or feature(s) of, on or below the Property that will in any material way impede or frustrate the reasonable use of the Property by Buyer. 8. Closing Date. A closing shall be conducted within ninety (90) days of the Effective Date (defined below) of this Agreement, including any extensions as contemplated herein. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall 3 rim deliver to the Buyer a Limited Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all of Seller's interest in mineral and sub -surface rights (if any), with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. 9. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied by the Seller. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 10. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability, refuse to accept the conveyance of title and receive a full refund of the Earnest Money, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 11. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. This right of entry is in addition to those Due Diligence period rights as identified in Section 5 above. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's 4 ongoing operations or in such a manner as �\ould do permanent or long-term damage to the Property. 12. Preservation and Continued Maintenance of Property. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future, and that Seller will properly maintain the Property until the closing date, whether Seller uses the Property during that entire time or not. In the event of such actions or inactions, the Buyer may, without liability, refuse to accept the conveyance of title and receive a full refund of the Earnest Money, or the Buyer alternatively may elect to accept conveyance of title to the Property. 13. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e., the refusal to execute the deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 14. BindingEffect. ffect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 15. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 16. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent 5 jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 17. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia, including but not limited to the Georgia Open Meetings Act (O.C.G.A. § 50-14-1 et seq.) and the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). 18. Public Meeting Requirement. In accordance with the Georgia Open Meetings Act, Buyer's decision to enter into this Agreement to acquire the Property must be made in an open (i.e., public) meeting where the identity of the Property and the terms of the acquisition are disclosed before the vote. See O.C.G.A. § 50-14-3(b). 19. Broker or Agent. The Seller agrees any brokerage, agent or professional service fees incurred by Seller arising from or related to this property transaction shall be the sole and exclusive obligation of the Seller and Buyer shall have no financial obligations related thereto, with Buyer's sole financial obligations being limited to those set forth with specificity in this Agreement. Seller agrees to defend, indemnify and hold Buyer harmless from and against any and all costs and liabilities, including, without limitation, attorneys' fees through all levels of proceedings, for brokerage or professional service fees claimed by any broker employed or claiming to have been employed by Seller or any party other than Buyer. The indemnification provided hereunder shall be applicable to any party claiming that it is owed a fee or other form of compensation due to or arising out of this Agreement. 6 Seller has incurred a brokerage lee anunuuing to lour percent (4'ro) ol' the sale price ($60,000.00) which shall be satisfied out of the sale proceeds otherwise payable to Seller at Closing. Seller's broker is Scott Morchower (Georgia Real Estate Commission ("GREC-) License Numbcr33 jI 2e- Director and Associate Broker at KW Commercial Atlanta Perimeter. 115 Perimeter Center Place. Suite 1 UU. Atlanta, �icorgia 3U �46. 6 - ��D X41 _,?IS 20. Authority. Donald A. Schultz, President of United Athletics. Inc.. the Seller herein, is duly authorized to conduct all ordinary hLlslneSS on behalf'ol' Seller and ntav execute and deliver on behalf of Seller this Sale Agreement and herch\ represents that such execution and dcliycry does not reyui►-c f'u►-thcr approval bN Seller's Board of Directors or shareholders. IN WITNESS WfIFREOF. the parties have executed this Agreement as of the day and year first \\ritten above (the "Ef'fcctivc Date'), shall he the date this Agreement is approved by the Milton City Council. SIGNED, SEALFI), AND DELIVERED in the presence of - \A itness otary Public My Commission Expires. �/1G2 Z SELL ER: UNITED ATHLETICS, INC. Donald A. Schultz, President Notary Public Tori Avery Forsyth County, GA Ex . A ril 10, 2023 [Signatures Continue on l"olloWing Page(s)] 7 [Signatures Continued from Previous Page] BUYER: By: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Joe Lockwood, Mayor [Crl'y This Agreement has been reviewed by the City Attorney for the City of Milton, Buyer, and is APPROVED AS TO FORM. In Jeffrey M. Strickland, City Attorneys EXHIBIT A (page 1 of 2) LEGAL DESCRIPTION OF THE PROPERTY All that tract of land lying and being in Land Lot 1092 of the 2nd District of Fulton County, Georgia, also being that same property as shown on an ALTA/ACSM Land Title Survey prepared for Wall to Wall Sports Center Milton, LLC, United Futbol Academy, Inc., Community & Southern Bank, and First American Title Insurance Company by Lowery and Associates Land Surveying, LLC, dated June 24, 2015, and further described as follows: Beginning at a 5/8 inch capped rebar set marking the intersection of the south right of way of Cox Road (variable width right of way being publicly dedicated) and the southwesterly right of way of Arnold Mill Road (variable width right of way publicly dedicated); Thence with the said right of way of Arnold Mill Road South 59 degrees 13 minutes 18 seconds East a distance of 147.84 feet to a3/4 inch open top pipe found; Thence leaving said right of way South 01 degrees 59 minutes 14 seconds West a distance of 230.28 feet to a3/4 inch open pipe found; Thence South 79 degrees 57 minutes i 1 seconds East a distance of 239.50 feet to a 1 inch square rod found; Thence South 01 degrees 26 minutes 25 seconds West a distance of 79.86 feet to a 3/4 inch crimp top pipe found; Thence South 01 degrees 46 minutes 58 seconds West a distance of 469.42 feet to an angle iron found; Thence North 89 degrees 12 minutes 07 seconds West a distance of 201.65 feet to a 3/4 inch square rod found; Thence North 89 degrees 23 minutes 09 seconds West a distance of 274.61 feet to a3/4 inch open top pipe found; Thence North 00 degrees 01 minutes 29 seconds West a distance of 865.47 feet to a 5/8 inch capped rebar set on the south right of way of said Cox Road; Thence with Cox Road North 79 degrees 36 minutes 09 seconds East a distance of 140.65 feet to a 5/8 inch capped rebar set; said rebar being the TRUE POINT OF BEGINNING. Said tract of land contains 8.128 Acres (354,058 square feet). 9 No Text -J . l a; Mol 11:7. AClTL AA�s EXHIBIT C LIST OF PERSONAL PROPERTY ITEMS INCLUDED IN TRANSACTION 13