HomeMy WebLinkAboutResolutions R24-09-711 - 09/04/2024 - Powers of Eminent Domain Parcel 3 Big Creek GreenwaySTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R24-09-711
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 Neelam Khan and Adnan Khan, their successors or
assigns. It is further resolved that payment of just and adequate compensation therefore be made to
the person or persons, entity or entities 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.
Lf+_h RESOLVED this day of September 2024.
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l'rojecl Nl).: 0015078
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PROPERTY ANO Ell'ITING R/W LINE
l4EQUIREO Rtw LINE
C!lll'IT/11/CT JON ll#/TS
EASfHENr FOR CONSTR
• 1W lfTENNICE Of SLOPES
EASElfENT FOR CONSTR OF SLOPES
EASEltlEHT FOR CONSTR Of ~IVES
N 1490917 873
E 2263580 160
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fXISTING LIIUT Of J/CCESS ---000----
IIEO 'O L.INIT OF ACCESS
EXl'ITIHG Ll#IT OF JCCESS ,1, R/f/ ---
REO 'O UNIT OF KCESS & R/'I
ORANGE BARRIER FENCE
ESA • EM/ SENS ITIVE AREA
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N 1490B89. 792
E 2263778 .179
lHAN NEEUM &, lHAN AIJNNt
SEE SHT 26
IIOORE SNIIJEL V
SEE Slfr 26
DATE REV /5/0NS
PIPE TO RENAi#
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PIC HJ LTON LLC
SEE SHT 6 . 26
STlfTE OF GEORGIA
DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP
AN.,N~• , ..... ,_ , ,,,_ PROJECT NO , 001S078
l"'t-::::~~::::::::::::::::::::::::::::::~1-----l'!;;;;;~s~clA~L"E;-f[~-y,~F~.,{~-~-~-~-~-~----l~.W-::Ju~'."';a.s LANI) DIS'TfUCT : 2
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****••························································ PARCEL 3
DE1 2
REO 'D R/W
······················-······································· PNT OFFSET/ STATION/ ALJGNHENT
DIST BEARING -. --...... -............................ --. -.... -....... -...... -............... -.. -~
DES 17 ,521 R 116+41 .247 Webb Rd
117 .860 581 '49 ' 4 I . 00 ' E
DE6 17 .710 R 117+59 . 107 Webb Rd
2 .290 SOB'I0 '/8 .Bl 'W
DE9 20 .000 R 117+59 .103 Webb Rd
117 .860 NBI '55 ' 12 . 92 'W
DEIO 20 .000 R 116+41 . 243 Webb Rd
2 .479 NOB' 10 ' I 9 . 41 'E
DES 17 ,521 R I 16+41 . 247 Webb Rd
REQO R/W . 28 I . 03 SF TTL: 1.306 +/-AC REQD R/W -0 .006 N:RES
REHA/NDER 1.3 N:RES
IIMIT OF ACCESS ............ BLA DATE REVISIONS
IT OF N:CESS .............. ELA
PARCELS 1 . 2 .
~
.G LIMIT OF ACCESS ---000---7 Z6 ZOZJ
/MIT OF N:CESS --000--
·1NG LIMI T OF ACCESS & R/W ------if+-------
l LIH/T OF N:CESS & R/W ... ...
;E BARR I ER FENCE
. ENV . SENSITIVE AREA
PARCEL 3
DE/3
EASM'T. FOR CONST . OF SLOP ES
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
PNT
DElO
DE9
DE22
DE21
DEIO
REOD EAS/r/T
REOD EAS/r/T
OFFSET/
DIST
20 .000
117 .860
20 .000
40 .000
60 .000
117 . 860
60 .000
40 .000
20 .000
R
R
R
R
R .. 4714 .42 .. 0 . 108
STATION/
BEAR ING
I 16+41. 243
581'55 ' 12 .92"E
117+59 .103
508'10 '18 .81 'W
117+59 . 039
N81 '55' 12 .92 'W
116+41. 178
NOB' IO ' 19 . 4 I 'E
116+41 . 243
SF
ACRES
ALIGN/r/ENT
Webb Rd
Webb Rd
Webb Rd
Webb Rd
Webb Rd
·······················~······································ PARCEL 4
DE14
REO 'D R/W ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
PNT OFFSET!
DIST
STATION/
BEARING
ALIGNHENT
DE6 17 .710 R 117+59 .107 Webb Rd
122 .503 S81'49 '50 .47 'E
DE7 17 .643 R 118+81 .684 Webb Rd
2 .357 508"10 '09 .52 'W
OE8 20.000 R 118+81 .690 Webb Rd
122 .503 N81'47 '56 .72 'W
OE9 20 .000 R 117+59 .103 Webb Rd
2.290 N08'10 '18 .81 'E
DE6 17.710 R 117+59 .107 Webb Rd
REQD R/W 284 .62 SF
REQD R/W = 0 .007 ACRES
REMAlNDER = 0 .99 +/-ACRES
························~•~···················•·~·•··,·•·#··•4 PARCEL 4
DEIS
EASH 'T . FOR CONST. OF SLO PES
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
PNT OFFSET/
DIST
STATJON/
BEARING
ALJGNHENT
.. -............ --------................... -............ -...... -.. -.. -_,_ --. --... ..
DE9 20 .000 R 117+59 .103 Webb Rd
122 .503 581'47 '56.72 'E
DEB 20 .000 R 118+81. 690 Webb Rd
2 .357 NOB' 10 '09 . 52"E
DE7 17.643 R 118+81.684 Webb Rd
12 .905 S81'49 '50 .59 'E
DE14 17 .609 R 118+94 .589 Webb Rd
12 .239 508'09 '56 .24 'W
DE27 29 .848 R 118+94 . 622 Webb Rd
4 . 138 572'33 ' 14 .19 "W
DE26 31 .647 R 118+90 .896 Webb Rd
3 I. 137 568' 16 '45.74 'W
OE25 47.235 R 118+63 . 941 Webb Rd
12.386 Sl9'28 '58 .IS 'E
DE24 58. 191 R 118+69. 719 Webb Rd
1.637 504'05'15 .99 "E
DE23 59 .790 R 118+70. 070 Webb Rd
110.780 NB/'55 ' 12 .92 'W
DE22 60 .000 R 117+59 .039 Webb Rd
40 .000 NOB' 10 ' 18 .Bl 'E
DE9 20 .000 R 117+59 . 103 Webb Rd
REQD EASMT = 4811 . 98 SF
RFDD EASMT = 0 110 N:~ES
DATE REVISIONS
AND 5 REMOV ED
EXHIBIT "A"
DECLARATION OF TAKING
WHEREAS, the City of Milton, Georgia , has made and passed a Resolution finding that
the circumstances in connection with acquiring certain interests in property and easements for
public (municipal) road or other transportation purposes are such that it is necessary to acquire
title, estate, or interest in the lands 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 interests in property and easements 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, Georgia, has caused an investigation and report to be
made by a competent land appraiser upon which to estimate the sum of money to be deposited in
the Court as just and adequate compensation for the right-of-way and easements, referenced
above, a copy of the appraiser 's sworn statement being attached hereto identified as Appendix C
to Exhibit "A," and made a part hereof; and
WHEREAS, in consequence of the sworn statement, Appendix C to Exhibit "A," the
City of Milton, Georgia estimates $3 3,000.00 as just and adequate compensation to be paid for
said right-of-way and easements, 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, Georgia, under
authority of the Official Code of Georgia Annotated§§ 32-3-1 et seq. and O.C.G .A. § 22-3-140
1
Project No . 00 I "107X
[31g ( 'red (rrce11w.iy l':.m:el
hereby declares that the property and interests as described in Appendix B to Exhibit "A," which
is attached hereto and made a part hereof of this Declaration, is taken for purposes of locating,
constructing, maintaining , repairing , replacing, extending, expanding, and/or installing
infrastructure for a public (municipal) road or other transportation purposes.
APPROVED AS TO FORM :
Isl Christo ph er J Ham ilton
Christopher J. Hamilton
Georgia Bar No. 320853
Brittany P. Taylor
Georgia Bar No . 420227
JARRARD & DA VIS, LLP
222 Webb Street
Cumming, Georgia 30040
(678) 455-7150 -telephone
(678) 455-7149 -facsimile
Attorneys for Condemner
Project l\o : 00 I 5078
Big Creek Circenway Parcel 1
2
ORDER OF THE CITY OF MILTON, GEORGIA TO CONDEMN PROPERTY FOR
PURPOSES OF CONSTRUCTING AND IMPROVING A PUBLIC TRANSPORTATION
PROJECT
WHEREAS, the City of Milton, Georgia, through its Mayor and City Council, has laid out
and determined to construct a public transportation facility for the City of Milton at Fulton County
tax parcel identification number 22 527010480230, being more fully described and shown in the
description and drawing attached as Appendix B to the Declaration of Taking (Exhibit "A" to the
Petition for Condemnation).
WHEREAS, the tract of property and other rights as herein described and as listed below
shown of record as owned by the person named herein, all as described and shown in Appendix B
to the Declaration of Taking (Exhibit "A" to the Petition for Condemnation) incorporated herein
by reference and made a part of this Order are essential for the construction of said project:
Property/Rights :
Owner:
Potentially Interested
0.006 Acres (281.03 Square Feet) of Fee Simple Right of Way and
4,714.42 Square Feet (0.108 Acres) of Temporary Easement for
Construction of Slopes.
Neel am Khan and Adnan Khan
Parties: None known.
NOW THEREFORE , in accordance with O.C.G .A. § 32-3-6(b)(6) and (c), it is hereby
found by the City of Milton that the circumstances are such that it is necessary that the property as
described in Appendix B to Exhibit "A" of the Declaration of Taking be acquired by condemnation
under the provisions of O.C .G.A. § 32-3-1 et seq. for public road purposes or other transportation
purposes.
IT IS ORDERED that City of Milton proceed to acquire the title, estate , or interest in the
lands hereinafter described in Appendix B of the Declaration of Taking (Exhibit "A" to the Petition
for Condemnation) by condemnation under the provisions of said Code, and City Attorney Ken
Project \Jo.: 00 I 5078
131g. C 'reek Grcc1may l'arccl 1
Jarrard or his designees are authorized and directed to file condemnation proceedings, including a
Declaration of Taking, to acquire said title, estate, or 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.
l i+_b
SO ORDERED by the City of Milton, Georgia, this _=:t_ day of September 2024.
ATTEST:
APPROVED AS TO FORM:
ls/Christoph er .f Hamilton
Christopher J. Hamilton
Georgia Bar No. 320853
Brittany P . Taylor
Georgia Bar No. 420227
JARRARD & DA VIS, LLP
222 Webb Street
Cumming, Georgia 30040
678-455-7150 (telephone)
678-455-7149 (facsimile)
Attorneys for City of Milton, Georgia
Pro,1ect No.: 00 I )078
Big Creek Gr.:e1rnay-P'm:el 1