HomeMy WebLinkAboutResolutions R24-06-704 - 06/03/2024 - Dispose of Certain Surplus Right-of-WayST ATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. R24-06-704
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MILTON
TO DISPOSE OF CERTAIN SURPLUS RIGHT-OF-WAY
WHEREAS , pursuant to the Official Code of Georgia Annotated (''O.C.G.A.") § 32-7-3,
whenever any property has been acquired in any manner by a municipality for public road purposes
and thereafter the municipality determine s that all or part of the property is no longer needed for
such purposes , the municipality is authorized to dispose of such property in accordance with
O.C.G.A. § 32-7-4; and
WHEREAS, O.C.G.A. § 32-7-4 provides , in pertinent part , that in disposing of property
as authorized in O.C .G .A. § 32-7-3 , a municipality shall notify, in writing , the owner of such
property at the time the City acquired it , or the current owner holding title through such original
owner, of its right to reacquire the property from the City; and
WHEREAS , on or about January 30 , 2013 , the Georgia Department of Transportation
(''GDOT'') acquired a total of 3.757 acres of right-of-way area necessary for its SR
372/Birmingham Hwy @ Providence Road Roundabout Project (P.I. No. 0005448) (the ·'Project")
from the owner of Project Parcel #5 (TPN 22 396008470102), Peter Reinhardt , et al. (see GDOT
Right-of Way Deed recorded at DB 52285 , PG 361 , Fulton County Superior Court Clerk records);
and
WHEREAS , on or about February 19, 20 I 6, all owners of the remainder property (TPN
22 396008470102) separately conveyed their interests therein over to Peter Reinhardt (see four
Quitclabn Deeds recorded at DB 55917 , PG 575 ; DB 55917, PG 584; DB 55917 , PG 589; and DB
55917, PG 598; Fulton County Superior Cou11 Clerk records); and
WHEREAS, on or about February 19, 2016, Peter Reinhardt conveyed all interest in the
remainder real property (TPN 22 396008470102) to Crimipaca Farms LLC , a Georgia limited
liability company (see Limited Warranty Deed recorded at DB 559 I 7, PG 60 I , Fulton County
Superior Court Clerk records); and
WHEREAS , on or about March 7. 2022 , Crimipaca Farms LLC conveyed its interest in
the remainder real property (TPN 22 396008470102) to WAFKAM Properties LLC , a Georgia
limited liability company (see Limited Warranty Deed recorded at DB 65376, PG 422 , Fulton
County Superior Court Clerk records); and
WHEREAS , the City has determined that an area totaling approximately 1,899.216 SF
(0 .0436 acre) within the right-of-way area acquired for the Project at Project Parcel #5 is surplus
area (the ·'S urplus ROW'') which should be released back to the original owner or the current
owner holding title through the original owner due to a change in conditions; and
WHEREAS , on or about March 16 , 2023 , GDOT conveyed its interest in approximately
1.563 acres of right-of-way area related to the Project to the City and which area includes the
Surplus ROW (see GDOT Quitclaim Deed and Maintenance Agreement recorded at DB 67386,
PG 402, Fulton County Superior Cou1t Clerk records); and
WHEREAS , the legal description of the Surplus ROW is included at Exhibit A hereto and
referenced as a tract containing 0.04 acres more or less ; and
WHEREAS , the Surplus ROW is depicted on Ex hibit B hereto as being colored red and
bound on the north side by line "'L3 ,'' on the west side by line ·'L4, .. on the south side by the New
Providence Road ROW , and on the east side by line ''LT; and
WHEREAS, in accordance with O.C.G.A. § 32-7-4, the City notified WAFKAM
Properties LLC regarding its right to reacquire the Surplus ROW; and
WHEREAS , based on a recent appraisal of the remainder property (TPN 22
396008470102), the City and W AF KAM Properties LLC agree that the va lu e of the S urplu s ROW
is $11,336.00; and
WHEREAS, WAFKAM Properties LLC has agreed to purchase the Surplus ROW from
the City under the terms and conditions as stated herein.
NOW, THEREFORE, BE IT RESOLVED by the City Counci l, and it is hereby resolved
by the authority of the same, as follows :
1. The above recitals are hereby incorporated as if fully stated herein.
2. The Surplus ROW as described in Exhibit A and as depicted at Exhibit B is no longer
needed for the Project, is surplus right-of-way , and shall be sold to the current owner
of the abutting property , WAFKAM Properties LLC , a Georgia limited liability
company, and reincorporated into TPN 22 396008470102 .
3. The Mayor is authorized to execute a quitclaim deed to convey the City's interest in
the Surplus ROW in the form attached hereto marked Exhibit C in accordance with
the terms and conditions as stated herein .
THIS RESOLUTION is hereby adopted and effective this O i--_fi day of 0u N e,__ ,
2024 , the public health , safety , and general we lfare demanding it.
CITY 9lf MILTON, GEORGIA
By : <_WC~L
Carol Cookerly, Mayor Pro Te
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EXHIBIT A
Legal Description
ALL THAT TRACT OF OR PARCEL OF LAND BEING IN LAND LOT 847 OF THE 2ND DISTRICT, 2ND SECTION
OF FULTON COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW :
COMMENCE AT AN IRON PIN SET LOCATED AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-
WAY OF BIRMINGHAM HIGHWAY AND THE NORTH LAND LOT LINE OF LAND LOT 848; RUNNING THENCE
SOUTH 31°47'53 "ALONG THE NORTHEASTERLY RIGHT OF WAY OF BIRMINGHAM HIGHWAY FOR A
DISTANCE OF 706 .73 FEET TO A LIGHT POLE AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF -
WAY OF BIRMINGHAM HIGHWAY AND THE NORTHERN RIGHT-OF -WAY NEW PROVIDENCE ROAD; THENCE
SOUTH 70°29'35" EAST ALONG THE RIGHT-OF -WAY OF NEW PROVIDENCE ; SA ID POINT BEING THE POINT
OF BEGINNING. THENCE NORTH 66°25'20" WEST FOR A DISTANCE OF 27.62 FEET TO A POINT; THENCE
NORTH 13°04 '28 " EAST FOR A DISTANCE OF 61.47 FEET TO A POINT; THENCE SOUTH 82°39'18 " EAST FOR
A DISTANCE OF 30 .95 FEET TO A POINT; THENCE SOUTH 16 °03 '56 " WEST FOR A DISTANCE OF 69 .69 FEET
TO A POINT; SAID POINT BEING THE POINT OF BEGINNING .
SAID TRACT CONTAINING 0.04 ACRES MORE OR LESS .
"' f,s ;; ~ "' l'l '<f & ■ "' ■ • • ""11 0 • . ~l =<ti> ~ ' ,_ ,· 'jf// I..-;,.-----.-f. ~·. ,,.µ-•' ,, V Q_V_ERALL ARE 285.693 SO. FT. 6.559 ACRES : ,0 ·• ~ •· 0',i_O R ' = \ S 15'52'2i_"& 7110..:M' sf'.· 'f}.~i<JY'°"""' 91fl"'1~~vf>.f'l,ff-S ----· ...... - • ,. -u ··-' ~ ~ ,_, I ·'. ~I i : ·:··:. ,_ .. -:.~· r-.. -....---, \ , I \ ~I / ol'•• -····~-<~( / u( ':~-..___ ....... ·. _) ''.IC1t,IT1 ~1Ar • 1,0110 SCAlt 0 f ff~YJ effl {:)"'l l~1 t ~ ~ ;-;-:--:-.-;-~ ~ .. --:-:; -. -.. -~ .... ,, .... ' ·•· ...... ~ ... •"! •-• • •r4< ,• :.·11c:/!2-IU" a! II ~ <~ ::,; a) ~ ii . z ~~ .... , iJ O :..:i ~ r--.f✓-~..: 8ltf,~S: ~lf1BQ3 U 0Q ► l} 0 .J ... t--....l~N,JQ 3 ~ e ,~ -<( ~ 1--,)G ~ <( (l Ql U..J ~~~(L~ ~ z -On.. <(~::'It-~ ~ ~8 ~ IL •J .J ., f~ ? ® KIMrw -· below. CaH-.pooOII, ... , ... ,•-· .. ·• --, ........... , .. ► L---... , •-•--., .. ~ ... , ... I OF I
UPON RECORDING , PLEASE RETURN TO:
Re : TPN 22 396008470102
STATE OF GEORGIA
COUNTY OF FULTON
QUIT CLAIM DEED
TO DISPOSE OF SURPLUS RIGHT-OF-WAY
rd ,-
TH IS INDENTURE is dated and effective as of the r day of <JU tJ e_ , 2024,
between CITY OF MILTON , a municipal corporation of the State of Georgia, as party of the first
part (hereinafter referred to as ·'Granter'·), and W AFKAM PROPERTIES LLC , a Georgia limited
liability company, as party of the second part (hereinafter referred to as ··Grantee·'). The words
"Granter'' and ·'Grantee'' as used herein shall includ e the respective heirs , executors , legal
representatives , successors and assigns of said parties where the context requires or permits.
I
WITNESSETH:
GRANTOR, for and in consideration of the s um of TEN DOLLARS ($10.00) and other good
and valuable consideration in hand paid at and before the sealing and delivery of these presents , the
receipt of which is hereby acknowledged by Granter, has gra nted , bargained , sold , aliened, conveyed
and confirmed , and by these presents does bargain , sell , remise , release and forever quitclaim unto
said Grantee, all the right, title , interest , claim or demand which the said Granter has , or may have
had , in and to the following described property, to-w it:
All that tract or parcel of land totaling approximately 1,899.216 SF (0.0436 acre) lyi ng
and being in Land Lot 847 , 2nd District, 2nd Section , Fulton County , Georgia, and being
more particularly described in Exhibit A and as depicted in Exhibit B, such exhibits
being attached hereto and by this refere nce incorporated herein.
LESS AND EXCEPT, w ithin the area described above , the City shall retain any and
all rights associated with a 20-foot wi de drainage easement to be retained therein
under the same terms and conditions as all ot her drainage easement areas as depicted
in the Plat attached hereto at Exhibit B .
TO HAVE AND TO HOLD the described property to the use , benefit and behoof of Grantee
and neither Grantor nor any other person or person s claiming under Grantor shall at any time
following the date hereof claim or demand any right , title or interest to the aforesaid described
premises or its appurtenances.
The property referenced herein is conveyed from Grantor to Grantee pursuant to that certain
Resolution of the City Counci I of the City of M • lton to ~ose of Certain Surplus Right-of-Way,
duly adopted at a public meeting held on the 3,.. day of UN c. , 2024.
fN TESTIMONY WHEREOF , Grantor has hereunto set Grantor's hand and affixed Grantor's
seal the day and year first above written.
Signed , sealed and delivered
in the presence of:
uiJlwtfiil
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GRANTOR:
CITY OF MIL TON, GEORGIA
By (J__,_d Cvu
Carol Cookerly , Mayor Pro T