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Home My WebLink AboutResolutions R24-09-713 - 09/04/2024 - Powers of Eminent Domain Parcel 4 Big Creek GreenwaySTATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. R24-09-713 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 Samuel V. Moore and Susan Bosman Moore , 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. I ,+h RESOLVED this _7 __ day of September 2024. Pw_jcct Nll.: 00150 7 8 Big Cn.:ck (ircc11\\a) --l'arcel ,-! lfZj /lOZ3 .-...uu1T m X J: CJ -~ )> ~un OJilJ ,.,.,oa1llu•C¥P•MI 1•, fOl>lllll _fll.<Jtt ,_,.,.,. 0 0 :i: BEGIN CONSTR STA . Jl6+o0 .00 N 1490917 .873 f 2263580 160 <> <> • .. ......... •-··-···-·····-·····-········ ...... ----~ --· -- ElIST R/W ~-,, SEE SHT M · - ~ I, STEPHEN IUCHAADSON PROPEKTY AND EXISTING RJW LINE REW/ RED R/W LINE CONSTRUCTION l1"/TS EASEHENT FOR CONSTR & NAINrENANCE OF SlOPES EASEIIENT FOR CONSTlt OF SLOPES EASEHENT FOR CO#STR OF DRIVES 0" o • JAi l<ADIIE KRISHNA EKfERPRISES L.LC SEE SHT 26 --C---..,-· cz:zzz::J ~ IXXXXl BEGIN l/lUT OF N:CESS . .. . . • BLA ENO UIUT OF JCCESS ... ELA EXISTING LflflT OF ACCESS ---000--- REQ 'O LOUT OF ICCESS EXISTING l/#IT OF N:CESS ~ R/W -·-·-W---· REO 'O LIMIT Of ACCESS 'R/W ORJHGE BAAR I ER FENCE ESA • EM/ SENSITIVE M£A m /CH~ NEEI..Nf & fHNI I./JII SEE SHT 26 DATE REVISIONS N 1490B89. 792 E 2263778 179 GJ NOOltE SAIIJfL V SEE SHT 26 1/UJlOlJ PNICt'Lf J , 2 . AND S JIEMIOV'f'D l'tl'E ro Rf#AIN PmO \ CON5T PIIC Ill LTO# I.LC SEE SHT 6 . 26 ~ : : i I ~ ~ ~ ! 0 ,~ STATE OF GEORGIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP ,1t0 JECT NO ; 0015071 CWNT'r ,FU<TON t:::::Jt:::::::::::::::::::::::::::::::_.i--------s"'c°"A"c""e-,"N,....,F""EET=------~f: ~fsr'fli:/0;' 60-0005 GNO l 20 40 80 JW Dlfl "U Sit S OF JS IGD'-1T: P I No , 0 01 .5 0 78 11111 ,,.... • •• .. PARCEL 3 DEI3 EASM'T . FOR CONST . OF SLOPES PffT DEJO DE9 DE22 DE21 DE10 REQD EASMT REQD EASMT OFFSET I 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/ BEARING 116+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' 10 ' 19 .41 "E 116+41 . 243 SF ACRES AL/GNMEffT Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• PARCEL 4 DE/4 f{9;9.~,, ..............................•...................... PNT DE6 DE7 DEB DE9 OFFSET/ DIST STATION/ BEARING 17 .710 R 117+59.107 122 .503 581'49 '50 .47 'E 17 .643 R 118+81 .684 2 .357 508'10 '09 .52 'W 20 .000 R 118+81 .690 122 .503 N81 '47 '56 .72 'W 20 .000 R 117+59 .103 2 .290 NOB'/0'/B .B/'E DE6 17 .710 R 117+59 .107 ALIGNMEffT Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd REOD R/W = 284.62 SF REOD R/W = 0 .007 N:RES TTL : 0.997 +/-AC REMAINDER = 0.99 +/· N:RES ························································-····· PARCEL 4 DE15 EASM'T . FOR CONST . OF SLOPES PNT DE9 DEB DE7 DE/4 DE27 DE26 DE25 DE24 DE23 DE22 DE9 REOD EASKr REDD /!4<:111" OFFSET/ DIST 20 ,000 122 .503 20 .000 2 ,357 17 .643 12 .905 17 .609 12 .239 29 .848 4 .138 31 ,647 31 .137 47 ,235 12 .386 58 .191 1.637 59 .790 110.780 60 .000 40 .000 20 .000 R R R R R R R R R R R ... 4811 . 98 ., 0 11D STATION/ BEARING 117+59 .103 581'47 '56 .72'E 118+81 .690 NOB' 10 '09 . 52'E 118+81. 684 581'49 '50 .59 "E 118+94 .589 508'09 '56 .24 'W 118+94.622 572'33 '14 .19 'W 118+90 .896 568'16 '45 .74 'W 118+63 . 941 519'28 '58 . IS'E 118+69 .719 504'05 ' 15 .99 'E 118+70 . 070 NBI' 55 ' 12 . 92'W 117+59 .039 N08 '10 ' 18 .81 'E 117+59 .103 SF ACRES AL/GNMEffT Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd Webb Rd DATE REVISIONS STATE OF GEORGIA DEPARTMENT OF TRANSPORTATION I ,AND 5 REl>IDVED RIGHT OF WAY MAP ----------------1-----------------------1 PROJECT NO : 0015078 --------------+----1---------------------tCOUNTY :FULTON LAND LOT NO : NIA ---------------1----1--------------------ILAND DISTRICT : 2 --------------+----1---------------------1GMD I DATE 01/16 /23 SH 260F 35 DRNI/NG No 60-0026 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 $34,200.00 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 l'rcijcct \h: 00 I '.'078 Bi)!. Crcck (,rec1rnay -l'arl·<.>I 4 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 Ch ristopher .I. l!amilton 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 Condemnor Pr()jccl N1).: 0015078 f3ig Creek Uree1rnay -Parcel 4 2 ORDER OF TUE CITY OF MILTON, GEORGIA TO CONDEMN PROPERTY FOR PURPOS .ES OF CONSTR TING 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 527010480461, 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 0.07 Acres (284.62 Square Feet) of Fee Simple Right of Way and 4,811.98 Square Feet (0.110 Acres) of Temporary Easement for Construction of Slopes. Samuel V. Moore and Susan Bosman Moore Parties: None known. NOW THEREFORE, in accordance with O.C .G.A. § 32-3-6(b)(6) and (c), it is hereby fow1d 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 rrojcct No .: 001 :1078 Big Cr0d. C,recm1 a> -Parcel '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. SO ORDERED by the City of Milton, Georgia, this L/-f-..b day of September 2024. ATTEST: APPROVED AS TO FORM : /s/i hristopher J. 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 Project Nu.: ()() 14078 Big Creek Greenway -l'arccl 4