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Home My WebLink AboutResolutions R24-09-715 - 09/04/2024 - Dispose of a Small Narrow Strip of Land Abutting Property Owner - Warren Kirk AndersonSTATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. R24-09-715 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MILTON TO DISPOSE OF A SMALL OR NARROW STRIP OF LAND TO AN ABUTTING PROPERTY OWNER WHEREAS , the Official Code of Georgia Annotated ("O .C .G.A.") § 36-37-6(g) provides , in part, that, " ... the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land , so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances , or as streets , whether owned in fee or used by easement, to abutting property owners where such sale s and conveyances facilitate the enjoyment of the highest and best use of the abutting owner 's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids ... "; and WHEREAS , the City of Milton 's Code of Ordinances provides , at Section 2-390 (Transfer or disposal of assets; notice), at subsection (e), in part, that, " ... the city may sell and convey [its interest in real property] ... so long as the sale complies with O.C.G .A. § 36-37-6(g), this section , and with any additional conditions that the council may impose by resolution "; and WHEREAS , the City of Milton is the owner of approximately 137 acres of land formerly known as the Milton Country Club (now referred to a s the Milton City Park and Preserve or "MCPP ") located off Dinsmore Road , Milton , Fulton County , Georgia, and a portion of which is assigned TPN 22 441006000798 (the "City Property "); and WHEREAS , Warren Kirk Anderson is the owner of certain real property abutting the City Property bearing situs addre ss 795 Quarterpath Lane , Milton , Fulton County , Georgia (assigned TPN 22 441006250906) (the "Anderson Property "); and WHEREAS , the City of Milton is agreeable to sell and convey a small strip of land abutting the Anderson Property as depicted on the exhibit attached hereto marked "Exhibit A " (the "Subject Property Area") to the abutting property owner to facilitate the enjoyment of the highest and best use of the abutting owner 's property; and WHEREAS , the Subject Property Area is so shaped or so small as to be incapable of being used independently as zoned or under applicable s ubdivi s ion or other development ordinances , or as streets ; and , WHEREAS , based on the City of Milton 's acquisition cost associated with the Subject Property Area, the sale price will be calculated at $0.78 per square foot; and WHEREAS, the sale and conveyance of the Subject Property Area to the abutting property owner must be conditioned such that there will be no adjustment or modification to the Anderson Property setback requirements as such requirements exist prior to adding the Subject Property Area into the Anderson Property area; and WHEREAS , the sale and conveyance of the Subject Property Area to the abutting property owner must be further conditioned such that, with the exception of fencing and landscaping, no other constructed improvements will be allowed or permitted within the Subject Property Area; and WHEREAS , this Resolution shall manifest the consent of the City of Milton to sell and convey the Subject Property Area to the abutting property owner, Warren Kirk Anderson , and that such sale and conveyance, upon the terms and conditions set forth in this Resolution , facilitates the enjoyment of the highest and best use of the abutting owner 's property. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that , 1. The above recitals are hereby incorporated as if fully set forth herein. 2. The approximate Subject Property Area is more particularly shown on the exhibit attached at Exhibit A hereto. 3. There will be no adjustment or modification to the Anderson Property setback requirements as such requirements exist prior to incorporating the Subject Property Area into the Anderson Property area. 4 . No constructed improvements other than fencing and /or landscaping will be allowed or permitted within the Subject Property Area . 5. The recipient of the Subject Property Area must have the area surveyed to establish an accurate square footage and legal description for the conveyance deed and to incorporate into a combination plat to establish the abutting property owner 's adjusted parcel boundary. A final copy of the plat shall be filed with the City of Milton. 6. Upon receipt of the full purchase price from the abutting property owner, calculated at $0.78 per square foot and multiplied against the square footage as determined by the survey referenced above , the Mayor is authorized to execute a quitclaim deed to convey the City 's interest in the Subject Property Area in the form attached hereto marked Exhibit B in accordance with the terms and conditions as stated herein. (remainder of this page intentionally left blank) (signature page follows) 2 , l +/.i THIS RESOLUTIO N is here by ado pted and effecti ve thi s _T __ day of ~/..l:..<l\,1---!--i..a..JLJ<V 20 24 , th e publi c health , safety , and ge nera l we lfar e de ma ndin g it. 3 1/2"RB BENTF~ -~ Pc.~\_~ ~ \ ~o EXHIBIT A @ G) > 1k (9~ ~ 4Z 795 QUARTERPATH LN 1 1/2"RB W/ \ CAP "W&B"\ 8 FND \ PARCEL 22 441006250906 1/2"RB W/ CAP "W&B" ~ --- FND ON LINE ~ 795 QUARTERPATH LN EXHIBIT REQUESTED AREA FOR DISPOSITION JULY 30, 2024 EQUESTED AREA 7,782.81 SF > SCALE 1 "=50' 0 50 100 EXHIBITB AFTER RECORDING , PLEASE RETURN TO: Jeffrey M. Strickland, Esq . Attorney at Law Jarrard & Davis , LLP 222 Webb Street Cumming , Georgia 30040 STATE OF GEORGIA COUNTY OF FULTON QUIT CLAIM DEED THIS INDENTURE is made this __ day of _____ , 2024, between the CITY OF MILTON, a Georgia municipal corporation, (hereinafter, the "Grantor"), and WARREN KIRK ANDERSON (hereinafter, the "Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid , the receipt and legal sufficiency of which are hereby acknowledged , has bargained , sold , and does by these presents sell , remise , convey , release and forever QUIT CLAIM to Grantee, Grantee 's successors and assigns , all of Grantor's interest in that certain property and improvements and /or appurtenances thereunto attached or serving, to wit: [legal description of subject property area to be conveyed] (the "Subject Property Area") TO HA VE AND TO HOLD the described premises unto Grantee so that neither Grantor nor Grantor's successors or assigns , nor any other person or persons claiming under Grantor shall at any time, by any means or ways , have claim or demand any right , title , or interest to the aforesaid described premises or appurtenances , or any rights thereof. 1 The conveyance of the Subject Property Area described herein shall be subject to the following conditions : 1. Upon incorporation into the Grantee 's abutting property , there shall be no adjustment or modification to the Grantee Property setback requirements as suc h requirements exist prior to adding the Subject Property Area into the Grantee Property area. The setback requirements will be calculated and app li ed based on the original property boundary lines of Grantee 's abutting property. 2. No constructed improvements other than fencing and/or landscaping will be allowed or permitted within the Subject Property Area. IN 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: Unofficial Witness Notary Public My commission expires: (Affix Notaiy Seal) GRANTOR: CITY OF MILTON, GEORGIA By: ___________ (SEAL) Peyton Jamison , Mayor Attest: ------------- Tammy Lowit, City Clerk (Affix City Seal) 2