HomeMy WebLinkAboutResolutions 20-09-544 - 09/21/2020 - Disposition of Fee Simple to Abutting Property OwnerSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 20-09-544
A RESOLUTION BY THE CITY OF MILTON AUTHORIZING DISPOSITION OF
FEE SIMPLE TO ABUTTING PROPERTY OWNER
PURSUANT TO O.C.G.A. SECTION 36-37-6(g)
WHEREAS , the Milton City Charter, 2006 Ga. L. 3554, provides in Section 1.12(b)(22)
thereof that the City of Milton (the "City ") may dispose of any real , personal , or mixed property,
in fee simple or lesser interest, inside or outside the property limits of the City; and
WHEREAS , the City requires certain right of way and easements collectively designated
as "Parcel 7" of the City 's Hopewell Road at Thompson Road roundabout project (the "Project"),
which Parcel 7 is owned by Robert K. Yarbrough and Melissa R. Yarbrough (collectively
"Owner"); and
WHEREAS , as reflected on the purchase agreement attached hereto a s Exhibit "A,"
Owner has requested that as part of the consideration for Parcel 7 , the City convey its interest in a
portion of that 0.444 acres of fee simple right of way designated as "Parcel SR" of the Project and
defined more particularly on Exhibit "B " attached hereto; and
WHEREAS , O.C.G.A . Section 36-37-6(g) and Section 2-390(e) of the City of Milton
Code of Ordinances permit the disposal of small or narrow strips of land , whether owned in fee or
used by easement, that are so shaped or so small as to be incapable of being used independently to
abutting property owners without first submitting the conveyance to the process of an auction or
the solicitation of sealed bids ; and
WHEREAS , the City has determined that there is no longer a need for Parcel SR, which
consists of a small strip of land of approximately 0.444 acres, more or less , which is incapable of
being used independently and which was acquired as an uneconomic remnant to Parcel 5 of the
Project; and
WHEREAS , Owner is the only property owner abutting Parcel SR , and Owner, by
requesting that the City convey Parcel SR to Owner, has actual notice of the proposed disposition
described herein ; and
WHEREAS , the City has determined it is in the best public interest to relieve the City
from further maintenance obligations with respect to Parcel SR , and would facilitate enjoyment of
the highest and best use of Owner's property to convey said property to Owner as part of the
closing on Parcel 7 ; provided , however, that to accommodate the Project, the City must reserve
8,611.22 square feet of temporary construction easement over Parcel SR as reflected on Exhibit
"C" as a condition of this disposition.
Page J of9
NOW, THEREFORE, BE IT RESOLVED , that the City of Milton does hereby authorize
disposition of Parcel SR to Owner, with a reservation of 8,611.22 square feet of temporary
construction easement for the Project, by quitclaim deed in a form substantially similar to the form
attached hereto as Exhibit "D ."
Be it resolved this 21st day of September 2020 .
CITY OF MILTON, GEORGIA
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Attest:
Sudi
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AMG~rdon , City Clerk
EXHIBIT "A "
Purchase Agreement
EXHIBIT "B"
Parcel SR
0.444 acres
Survey and Legal Description
COUNTY:
Project Number.:
PARCEL NO .:
LAST REVISED:
Fulton County
MIL-006
SR
August 3 , 2020
All that tract or parcel of land lying and being in Land Lot 534 of the 2 nd Land District, 2nd Section
of Fulton County, Georgia, being more particularly described as follows:
PARCELSR,REMNANTPARCEL
Beginning at a point 28 .21 feet left of and opposite station 602+ 34.22 on the construction
centerline of Thompson Rd Centerline on City of Milton project number MJL-006 ;running thence
N .3 °00'00.0" E a distance of 140.00 feet to a point 165.81 feet left of and opposite station
603+01.89 on said construction centerline laid out for CL Thompson Rd WEST; thence S
87 °55'57. l" Ea distance of 158.04 feet to a point 76.64 feet left of and opposite station 604+50.00
on said construction centerline laid out for CL Thompson Rd WEST ; thence S 87 °55'57.4" E a
distance of 96.56 feet to a point 56.23 feet left of and opposite station 605 +20.38 on said
construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 174.82 feet
along the arc of a curve (said curve having a radius of 414 .50 feet and a chord distance of 173.53
feet on a bearing of S 59 °48' 16.6" W) to the point 26.50 feet left of and opposite station 603 +76.04
on .said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 114.32
feet along the arc of a curve (said curve having a radius of 173.50 feet and a chord distance of
112.27 feet on a bearing of S 66 °35'54.6" W) to the point 26.50 feet left of and opposite station
602+44.26 on said construction centerline laid out for CL Thompson Rd WEST; thence N
81 °54'55.7" W a distance of8.83 feet back to the point of beginning.
Containing 0.444 acres more or less.
EXHIBIT "C"
Temporary Construction Easement over Parcel SR
8,611.22 Square Feet
Survey and Legal Description
COUNTY:
Project Number.:
PARCEL NO .:
LAST REVISED:
Fulton County
MIL-006
SR
August 3, 2020
All that tract or parcel of land lying and being in Land Lot 534 of the 2nd Land District, 2nd Section
of Fulton County, Georgia , being more particularly described as follows:
TEMPORARY EASEMENT
Granted is the right to execute certain construction over and upon my land abutting on and adjacent
to the right of way in such manner as said City may deem proper to support or accommodate the
improvement of said road , including the right to slope the adjacent ground to tie in with the
roadway or sidewalk elevations and to construct any required slopes and fence within the easement
area described below and shown on the attached plats. Any slopes or fence constructed will remain
in place and the City of Milton will cease to maintain said slopes and fence upon expiration of said
easement. Said easement is to become effective at the beginning of construction of the above
numbered project and will expire upon completion and final acceptance of said project by the City
of Milton.
Beginning at a point 28.21 feet left of and opposite station 602+ 34.22.00 on the construction
centerline of Thompson Rd Centerline on City of Milton project number MIL-006 ; running thence
N 3°00'00.0" Ea distance of 31.92 feet to a point 60.00 feet left of and opposite station 602+ 37.92
on said construction centerline laid out for CL Thompson Rd WEST; thence N 74°43'33. l" E a
distance of 78.97 feet to a point 55.00 feet left of and opposite station 603+50.00 on said
construction centerline laid out for CL Thompson Rd WEST; thence N 47°01 '49.2" Ea distance
of 119.47 feet to a point 76 .64 feet left of and opposite station 604+50.00 on said construction
centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.4" Ea distance of 96.56 feet
to a point 56.23 feet left of and opposite station 605 +20.38 on said construction centerline laid out
for CL Thompson Rd WEST; thence southwesterly 174.82 feet along the arc of a curve
(said curve having a radius of 414.50 feet and a chord distance of 173.53 feet on a bearing of S
59 °48'16.6" W) to the point 26 .50 feet left of and opposite station 603+76.04 on said construction
centerline laid out for CL Thompson Rd WEST; thence southwesterly 114.32 feet along the arc of
a curve (said curve having a radius of 173.50 feet and a chord distance of 112.27 feet on a bearing
of S 66 °35'54 .6" W) to the point 26.50 feet left of and opposite station 602+44.26 on said
construction centerline laid out for CL Thompson Rd WEST ; thence N 81 °54'55.7" W a distance
of 8.83 feet back to the point of beginning.
Containing 0.198 acres (8 ,611.22 square feet) more or less.
EXHIBIT "D"
Quitclaim Deed
Please return to:
Sarah Van Volkenburgh
Jarrard & Da vis, LLP
222 Webb Street
C umming, GA 30040
STA TE OF GEORGIA
COUNTY OF FULTON
QUIT CLAIM DEED
TIDS INDENTURE , made thi s ___ day of ______ 2020 , between CITY OF
MILTON, GEORGIA, a municipal corporation of the State of Georgia, hereinafter called "Grantor"
and , ROBERT K. YARBROUGH and MELISSA R. YARBROUGH, hereinafter called "Grantee";
WITNESSETH: That Grantor, for the consideration of the s um of Ten and No/I 00 Dollars
($10.00) and other good and valuab le consideration , in hand paid at or before delivery of this document,
the receipt and s ufficiency of which is hereby acknowledged, does hereby grant, barga in , sell , convey,
remise, release, and forever QUIT CLAIMS unto said Grantee, all the right, title interest, c laim , or
demand which the Grantor may have had in and to the following described property :
All that tract or parcel of land ly ing and being in Land Lot 534 of the 2 nd Di strict, 2nd
Section of Fulton County, Georgia, and being more particularly described on Exhibit
"A" attached hereto and made a part hereof by this reference .
Grantor specifically reserves for itself a temporary construction easement more
particularly described on Exhibit "B" attached hereto and made a part hereof by
thi s reference.
TO HA VE AND TO HOLD the said premi ses to Grantee, so neither Grantor nor any perso n or
perso ns claiming under Grantor s hall at any time, by any means or ways, have, claim or demand any
right or title in or to said premi ses or appurtenances , or any rights thereof. Where the context requires
or permits , "Grantor" and "Grantee" s hall in c lud e their respective heirs , successors, and assigns.
IN WITNESS WHEREOF, Grantor ha s executed thi s Deed under Seal on the date above written.
Signed, sea led , and delivered thi s
__ day of ______ 2020 ,
in the pre se nce of:
Witness
Notary Public
My Commission expires:
CITY OF MILTON, GEORGIA
By: __________ (SEAL)
Joe Lockwood , Mayor