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HomeMy WebLinkAboutResolutions R23-09-663 - 09/06/2023 - Amend Previous Condemnation - Morris Road Widening Parcel 10' STATE OF GEORGIA RESOLUTION NO. R23-09-663 COUNTY OF FULTON 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 AND TO AMEND A PREVIOUS PETITION FOR CONDEMNATION FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and WHEREAS, on April 24, 2023, the City of Milton, Georgia, a municipal corporation of the State of Georgia ("City of Milton"), through its Governing Authority, the City of Milton, Georgia's City Council ("City Council"), determined that it was necessary to exercise 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 public road and/or other transportation purposes; and WHEREAS, as a result of the direction given by the City Council in the aforementioned Resolution, a Petition for Condemnation, Civil Action File No. 2023CV380045, was filed in the Superior Court of Fulton County, Georgia on May 12, 2023, to acquire said interests contained inter alia, a Declaration of Taking and Order of the City Council for the acquisition of said interests; and ' WHEREAS, due to a change in circumstances from the time of filing Civil Action File No. 2023VC380045, it is now necessary to exercise its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. to acquire additional interests in the same property for public road, utility and/or other transportation purposes; and 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 amend the previously filed petition and 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 City of Milton, said property interests now or formerly vested in Morris Lake Townhome Association Inc., and its successors or assigns. It is further resolved that payment of just and adequate compensation 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 an Amended Declaration of Taking and Amended Order of the City of Milton, Georgia to Condemn Property for Purposes of Constructing and Improving a Public Transportation Project. RESOLVED by the City of Milton, Georgia's City Cc \Irani, R";I(I\\ldl I)In�, ProICcI I,:nrcl 10 EXHIBIT "A" AMENDED DECLARATION OF TAKING WHEREAS, on May 12, 2023, the City of Milton, Georgia, a municipal corporation, ("City of Milton") filed a Petition for Condemnation with the Superior Court of Fulton County, Georgia, Civil Action File No. 2023CV380045, containing, inter alia, a Declaration of Taking and certain appendices thereto; and WHEREAS, on the same date, the City of Milton deposited $133,700.00 in the Fulton County Superior Court Registry as its estimate of just and adequate compensation for the rights described in said Petition; and WHEREAS, on September 6, 2023, the City of Milton made and passed a Resolution finding it necessary, in connection with the completion of the project described in the May 12, 2023 Petition, to acquire certain additional interests in property for public road, utility and/or other transportation purposes as fully described in said order to condemn contained in the Resolution, a certified copy/duplicate original of which is attached to this Declaration as Appendix A to Exhibit "A," and made a part hereof, under O.C.G.A. §§ 32-3-1 et seq.; and WHEREAS, said additional interests in property are for public purposes upon, across, and over the tract of land in said county, as fully described in the attachment hereto identified as Appendix B to Exhibit "A," and made a part hereof; and WHEREAS, the City of Milton has caused an investigation and report to be made by a competent, independent land appraiser upon which to estimate the sum of additional money to be deposited in the Court as just and adequate compensation for the aforementioned additional interests; a copy of the appraiser's sworn statement being attached here to identified as Appendix C to Exhibit "A," and made a part hereof; and Morris Road Widening Project —Parcel 10 Amended Declaration of Taking WHEREAS, in consequence of the sworn statement, Appendix C to Exhibit "A," the City of Milton estimates an additional $3,700.00 be deposited for a total of $137,400.00, as just and adequate compensation to be paid for said interests in property, as fully described in Appendix B to Exhibit "A" which is attached hereto and made a part hereof and now deposits said sum in the Court to the use of the persons entitled thereto. NOW, THEREFORE, the premises considered, the City of Milton, under authority of the Official Code of Georgia Annotated §§ 32-3-1 et seq. and O.C.G.A. § 22-3-140, hereby declares that the additional property and interests as described in Appendix B to Exhibit "A," which is attached hereto and made a part hererof this Amended Declaration of Taking, is taken for purposes of locating, constructing, maintaining, repairing, replacing, extending, expanding, and/or installing infrastructure for a public road or other transportation purposes. JPon ayor ATTEST: ammy Lowit. ity ,le c Morris Road Widening Project — Parcel 10 Amended Declaration of Taking AMENDED ORDER OF THE CITY OF MILTON, GEORGIA TO CONDEMN PROPERTY FOR PURPOSES OF CONSTRUCTING AND IMPROVING A PUBLIC TRANSPORTATION PROJECT WHEREAS, on May 12, 2023, the City of Milton, Georgia, a municipal corporation ("City of Milton'), filed a Petition for Condemnation with the Superior Court of Fulton County, Civil Action File No. 2023CV380045 containing, inter alia, a Declaration of Taking and Order of the City of Milton, Georgia to Condemn Property for Purposes of Constructing and Improving a Public Transportation Project; and WHEREAS, on the same date, the City of Milton deposited $133,700.00 in the Fulton County Superior Court Registry, as its estimate of just and adequate compensation for the rights described in said Petition; and WHEREAS, the City Council for the City of Milton ("City Council') has laid out and determined to construct a public transportation facility in the City of Milton at Tax Parcel Identification No(s). 22 543010432972 and a portion of 22 543010443532, being more fully described and shown in the description and drawing attached as Appendix B to the original Declaration of Taking (Exhibit "A" to the May 12, 2023, Petition for Condemnation). WHEREAS, the City Council has determined that additional interests and rights in property are necessary in order to complete the project; and WHEREAS, the tract of property and other rights, as described and listed below, shown of record as owned by the persons named herein, all as described and shown in Appendix B to the Amended Declaration of Taking (Exhibit "A" to the Amended Petition for Condemnation), incorporated herein by reference and made a part of this Order, are essential for the construction of said project: Morris Road Widening Project —Parcel 10 Amended Order to Condemn Property Property/Rights: 0.034 acres of fee simple right of way; 23,918.80 square feet of temporary construction easement and temporary easement for the restoration of detention pond and installation of culvert; and one (1) driveway easement. Owners: Morris Lake Townhome Association Inc. Potentially Mortgage Electronic Registration Systems, Inc. as nominee for Interested Wachovia Mortgage Corporation n/k/a Wells Fargo Bank, Parties: N.A.; Wachovia Bank, N.A. n/k/a Wells Fargo Bank, N.A.; Sawnee Electric Membership Corporation; Comcast of Georgia/Virginia, Inc.; Fulton County, Georgia; Georgia Transmission Corporation; Hon. Arthur E. Ferdinand, Tax Commissioner of Fulton County, Georgia, and Hon. Kenya M. Johnson, Probate Court Judge, Fulton County, Georgia. NOW THEREFORE, in accordance with O.C.G.A. § 32-3-6(b)(6) and (c), it is hereby found by the City Council for the City of Milton, Georgia that the circumstances are such that it is necessary that the property as described in Appendix B to Exhibit "A" of the Amended Declaration of Taking, and not otherwise previously acquired by the May 12, 2023 Petition for Condemnation, be condemned under the provisions of O.C.G.A. § 32-3-1 et seq. for public road and/or other transportation purposes. IT IS ORDERED that the City of Milton proceed to acquire the title, estate or interest in the lands hereinafter described in Appendix B of the Amended Declaration of Taking (Exhibit "A" to the Petition for Condemnation ) by condemnation under the provisions of said Code, and City Attorney Ken Jarrard or his designees are authorized and directed to file an Amended Petition for Condemnation, including an Amended Declaration of Taking, to acquire said title, estate, or [SIGNATURES ON THE FOLLOWING PAGE] Morris Road Widening Project —Parcel 10 Amended Order !o Condemn Property interest in said lands and to deposit in the Court the sum estimated as just compensation all in accordance with the provisions of said law. SO ORDERED by the City Council for the City of Milton, Georgia, this _ day of September 2023. ey n Ja , Mayor APPROVED AS TO FORM: E«u os4ma by: p4rd o��eamxt��m Christopher J. Hamilton Georgia Bar No. 320853 Priya M. 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