HomeMy WebLinkAboutResolutions 21-04-555 - 04/12/2021RESOLUTION NO. 21-04-555
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 Donald G. Stepanek, JPMorgan Chase Bank, N.A., their 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 , 2021.
Approved:
Joe Lockwood,
(Seal)
Hopewell Road at Bethany Bend parcel 4