HomeMy WebLinkAboutResolutions R25-01-728 - 01/22/2025 - Directing the Sale of Certain City-Owned Property Located at Hopewell RoadSTATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. R25-01-728
A RESOLUTION B Y THE CITY COUNCIL FOR THE CITY OF MILTON,
GEORGIA DIRECTING THE SALE OF CERTAIN CITY-OWNED REAL
PROPERTY LOCATED AT HOPEWELL ROAD
WHEREAS, O.C.G.A. 36-35-3 provides that the governing authori ty of the City may
adopt clearly reasonable ordinances, resolutions and regulations relating to its property and
affairs;
WHEREAS , pursuant to the City of Mi lt on Charter (Section 1.12)(22), the City Council
is autho ri zed to acqu ire , dispose of, lease, enter into a contract for valuab le cons id eration for the
use, operation , or management of, and hold in trust or otherwise any real, personal , or mixed
property, in fee simp le or lesser interest, inside or outside the property limits of the City;
WHEREAS , pursuant to O.C.G.A. § 36-37-6(a)(l), the City Co un cil disposing of any
real property of the City shall make a ll such sa les to the highest respons ibl e bidd er, either by
sealed bids or by auction after due notice has been published once in the officia l legal organ of
the county in whic h the municipality is located or in a newspaper of genera l circulation in the
community , not less than fifteen (15) days nor more than sixty (60) days preceding the day of the
auction or, if the sale is by sealed bids , preceding the last day for the receipt of proposals , which
notice shall include a lega l description of the property to be sold , together with the conditions of
the proposed sale a nd the date, time, and place of the proposed sale; and ,
WHEREAS , the City Council has determined that it would be in the best interest of the
City for certa in real prop erty lying and being in Land Lots 909 , 964, and 965, District 2, Section
2 , Fulton County, Georgia, within the city limits of the City of Milton , totalin g 38.921 acres , more
or less , and being more particularly described in Ex hibit A attached hereto (the "Subject
Property ") to be disposed of in accordance with O.C.G.A. § 36-3 7-6(a)(l ). The Subject Property ,
to the extent required by applicable law , shall be deemed surplus property.
NOW, THEREFORE , BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF MILTON, GEORGIA THAT the City Manager, in coordination with the City Attorney
and other City staff, as needed , is hereby directed to administer the sale of the Subject Property
in accordance with O.C.G.A. § 36-37-6(a)(l);
BE IT FURTHER RESOLVED THAT the City Council desires to dispose of the
Subject Property utilizing the sea led bid method ;
BE IT FURTHER RESOLVED THAT the City Co un ci l hereby estab li shes the
fo ll owing terms and conditions governing this sealed bid land disposition opportunity :
1. The reserve for the Subject Property is set at $5.159 million ;
2. For purposes of this Resolution , the "reserve" is that minimum amount that must be bid
before the City will have an y obligation to award the bid to a bidder;
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3. Once the bid opportunity is advertised , it shall remain open for ninety (90) days ;
4. A legal ad or ads regarding this sealed bid opportunity shall be run in the legal organ
as required by law ;
5 . The successful bidder shall be obligated to tender no less than $50 ,000 in earnest
money for the City to hold until closing. Earnest money shall count toward the
acquisition price if closing is consummated. If for any reason , other than the City's
inability to convey marketable title , closing is not consummated, the City shall retain
the earnest money ;
6. Prior to the bid opportunity being advertised , City staff shall secure a soil study of
the Subject Property and make such study available to any interested bidder;
a . Interested bidders shall be placed on notice that reliance on the City's soil
study is at their own risk and no warranties or guarantees are made. Bidders
are encouraged to perform their own soil study;
b. During the ninety (90) day period when the bid opportunity is open ,
individuals or entities seeking to perform a soil study of the Subject Property
shall be given reasonable access to the Subject Property for that purpose; and ,
c . This Resolution shall serve as approval by the Council of the City's retention
of a third-party to conduct a soil study of the subject property.
7. There shall be no financing contingencies ; and ,
8. City staff are authorized to take all necessary action to consummate the direction in
this Resolution , to including closing on the Subject Property , assuming the above
conditions are satisfied.
BE IT FURTHER RESOLVED THAT the published notice shall expressly state that
the City reserves the right to reject any and all bids or offers ; and
BE IT FURTHER RESOLVED THAT following a successful auction or bid for the
Subject Property where the reserve is met and a winning bidder is selected in accord with the
dictates of this Resolution , the Mayor or City Manager shall be authorized to execute any required
documents to consummate the sale and change of title ; and
BE IT FINALLY RESOLVED THAT the effective date of this Resolution shall be the
date of adoption.
SO RESOLVED this J J. ~ day of J Q\.~ LL~ , 2025.
[signatures on following page]
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EXHIBIT A
SUBJECT PROPERTY DESCRIPTION
Tax Parcel No. 22-4780-0964-092-3 and Tax Parcel No. 22-4770-0909-008-9
Cross-Reference: Limited Warranty Deed recorded at Deed Book 66583, Page 471 (Fulton
County Property Records)
(Both tax parcels are collectively referred to on the survey referenced below as "TRACT 1" and
are more particularly described as follows:)
"TRACT l
All that tract or parcel of land lying and being located in Land Lots 909 and 964, District
2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly
described as follows:
To find the TRUE POINT OF BEGINNING , commence at an iron pin found (3/4" CIT)
at the northwest comer of Land Lot 909, said corner being the common corner of Land
Lots 891 , 892 , 909, and 91 O; thence South 00 degrees 27 minutes 25 seconds West for a
distance of 955.93 feet along the west line of Land Lot 909 to an iron pin found (1" O/T)
and the TRUE POINT OF BEGINNlNG ;
THENCE leaving said west line of Land Lot 909, North 89 degrees 10 minutes 08
seconds East for a distance of 418.63 feet to an iron pin found (1/2" RIB);
THENCE North 89 degree s 15 minutes IO seconds East for a distance of 900.05 feet to
an iron pin found (l" C/T) on the west right of way line of Hopewell Road (an 80' R/W);
THENCE along said west right of way line of Hopewell Road (an 80' R/W), a curve to
the right having a radius of 2762.77 feet and an arc length of 257.97 feet, being subtended
by a chord of South 03 degree s 46 minute s 07 seconds West for a distance of 257.88 feet to
a point;
THENCE South 06 degrees 26 minutes 37 seco nds West for a distance of24.19 feet
along said west right of way line of Hopewell Road (an 80' R/W) to a point ;
THENCE along said west right of way line of Hopewell Road (an 80' R/W), a curve to
the right having a radius of 4234.72 feet and an arc length of 259.68 feet, being subtended
by a chord of South 08 degrees 12 minutes O l seconds West for a distance of
259.64 feet to a point;
THENCE South 09 degrees 57 minute s 26 seconds West for a distance of 166.41 feet
along said west right of way line of Hopewell Road (an 80' R/W) to a point;
THENCE along said west right of way line of Hopewell Road (an 80' R/W), a curve to
the left having a radius of 1081.71 feet and an arc length of257.26 feet, being subtended by
a chord of South 03 degrees 08 minutes 38 seco nd s West for a distance of
256.65 feet to a point ;
THENCE South 03 degrees 40 minutes 09 seconds East for a distance of 8.89 feet along
said west right of way line of Hopewell Road (an 80' R/W) to a point;
THENCE along said west right of way line of Hopewell Road (an 80' R/W) a curve to
the left having a radius of l O 11.25 feet and an arc length of 432.43 feet, being subtended by
a chord of South 15 degrees 55 minutes 10 seconds East for a distance of 429.14 feet to an
iron pin set (1/2" RIB) on the east line of Land Lot 964 ;
THENCE leaving said west right of way line of Hopewell Road , South 00 degrees 04
minutes 49 seconds East for a distance of 272.29 feet along the east line of Land Lot 964 to
an iron pin found (1/2" RIB), [said pin being located North 00 degrees 04 minutes 49
seconds West for a distance of 43.33 feet along the east line of Land Lot 964, also being
the west line of Land Lot 965 , from an iron pin found (3 14" CIT) at the southwest corner of
Land Lot 965 , said corner being the common comer of Land Lots 964 ,965 ,980, and 981;
THENCE leaving said east line of Land Lot 964 , North 83 degrees 11 minutes 59
seconds West for a distance of 222 .27 feet to an iron pin found (3 14" CIT);
THENCE North 55 degrees 50 minutes 30 seconds West for a distance of 184.92 feet to
an iron pin found (314" CI T);
THENCE North 25 degrees 52 minutes 22 seconds West for a distance of I 89.75 feet to
an iron pin found (1/2" RIB);
THENCE North 48 degrees 47 minutes 55 seconds West for a distance of 135.12 feet to
an iron pin found (3 14" CI T);
THENCE North 59 degrees 23 minutes 50 seconds West for a distance of 229 .78 feet to
an iron pin found (3 14" CIT);
THENCE North 22 degrees 55 minutes 38 seconds West for a distance of 247.63 feet to
an iron pin found (314" CIT);
THENCE North 46 degrees 49 minutes 23 seconds West for a distance of 196.91 feet to
an iron pin found (3 14" CIT);
THENCE North 68 degrees 31 minutes 22 seconds West for a distance of 162.60 feet to
an iron pin found (3 14" CI T);
THENCE North 84 degrees 05 minutes 03 seconds West for a distance of 196.75 feet to
an iron pin found (l" CI T) on the west line of Land Lot 964;
THENCE North 00 degrees 20 minutes 43 seconds East for a distance of 359.66 feet
along the west line of Land Lot 964 to a point in swamp at the northwest corner of Land
Lot 964 , said comer being the common corner of Land Lots 909 ,910 , 963, and 964;
THENCE North 00 degrees 33 minutes 56 seconds East for a distance of 325.42 feet
along the west line of Land Lot 909 to an iron pin found (l" 0/T) and the point of
beginning.
Together with and subject to covenants, easements , and restrictions of record.
Said property contains 33.420 acres and is more fully shown as Tract l on the
AL TA/NSPS Land Title Survey for City of Milton , Georgia, and Fidelity National Title
Insurance Company , by Brumbelow-Reese and Associates , Inc., dated January 9, 2023 , as
last revised 2-27-2023, bearing their job number 2022-154 , under seal of Rodney H. Reese
GRLS No. 2072."
(Subject Property description continued on following pages)
Tax Parcel No. 22-4780-0964-091-5
Cross-Reference: Limited Warranty Deed recorded at Deed Book 66583, Page 471 (Fulton
County Property Records)
(This tax parcel is referred to on the survey referenced below as "TRACT 2" and is more
particularly described as follows:)
"TRACT 2
All that tract or parcel of land lying and being located in Land Lot 965, District 2 ,
Section 2, Fulton County , Georgia, within the City of Milton , and being more particularly
described as follows:
To find the TRUE POINT OF BEGINNING , commence at an iron pin found (3 14" CIT)
at the northwest comer of Land Lot 909 , said comer being the common corner of Land
Lots 891 ,892 ,909 , and 910; thence South 00 degrees 27 minutes 25 seconds West for a
distance of 955.93 feet along the west line of Land Lot 909 to an iron pin found (l" OIT);
THENCE leaving said west line of Land Lot 909 , North 89 degrees 10 minutes 08
seconds East for a distance of 418 .63 feet to an iron pin found (1 12" RIB);
THENCE North 89 degrees 15 minutes IO seconds East for a distance of 900.05 feet to
an iron pin found (l" CIT) on the west right of way line of Hopewell Road (an 80' RIW);
THENCE a long said west right of way line of Hopewell Road (an 80' R/W), a curve to
the right having a radius of 2762.77 feet and an arc length of 257 .97 feet , being subtended
by a chord of South 03 degrees 46 minute s 07 seconds West for a distance of
257 .88 feet to a point;
THENCE South 06 degrees 26 minutes 37 seconds West for a distance of 24.19 feet
along said west right of way lin e of Hopewell Road (an 80' RIW) to a point;
THENCE along said west right of way line of Hopewell Road (an 80' R/W), a curve to
the right having a radius of 4234.72 feet and an arc length of 259 .68 feet , being subtended
by a chord of South 08 degrees 12 minutes 01 seconds West for a distance of
259.64 feet to a point;
THENCE South 09 degrees 57 minutes 26 seconds West for a distance of 166.41 feet
along said west right of way line of Hopewell Road (an 80' R/W) to a point;
THENCE along sa id west right of way line of Hopewell Road (an 80' RIW), a curve to
the left having a radius of 1081. 71 feet and an arc length of 257 .26 feet , being subtended
by a chord of South 03 degrees 08 minutes 38 seconds West for a distance of
256 .65 feet to a point;
THENCE South 03 degrees 40 minutes 09 seconds East for a distance of 8.89 feet
along said west right of way line of Hopewell Road (an 80' R/W) to a point;
THENCE along said west right of way line of Hopewell Road (an 80' RIW) a curve to
the left havin g a radius of I 011.25 feet and an arc length of 432.43 feet , being subtended
by a chord of South 15 degrees 55 minutes 10 seconds East for a distance of
429.14 feet to an iron pin set (1/2" RIB) on the east line of Land Lot 964 , also being the
west line of Land Lot 965 and the TRUE POINT OF BEGINNING;
THENCE along the southwest right of way line of Hopewell Road (an 80' R/W), a
curve to the left having a radius of 1011.25 feet and an arc length of 148.43 feet , being
subtended by a chord of South 32 degree s 22 minutes 29 seconds East for a distance of
148.29 feet to a point;
THENCE South 36 degrees 34 minute s 46 seconds East for a distance of 4.33 feet
along the southwest right of way line of Hopewell Road (an 80' R/W) to a point;
THENCE along the southwest right of way line of Hopewell Road (an 80' R/W), a
curve to the left having a radiu s of 1106.15 feet and an arc length of 190.40 feet, being
subtended by a chord of South 41 degrees 30 minutes 38 seconds East for a distance of
190.17 feet to a point;
THENCE South 46 degrees 26 minutes 31 seconds East for a distance of 43.01 feet
along the southwest right of way line of Hopewell Road (an 80' R/W) to an iron pin set
(1/2" RIB);
THENCE leaving said southwest right of way line of Hopewell Road (an 80' R/W),
North 83 degrees 11 minutes 59 seconds West for a distance of 240.50 feet to an iron pin
found (1/2" RIB) on the west line of Land Lot 965 , [said pin being located North 00
degrees 04 minutes 49 seconds West for a distance of 43.33 feet along the west line of
Land Lot 965 from an iron pin found (3 /4" CIT) at the so uthwest comer of Land Lot 965,
said corner being the common comer of Land Lots 964,965,980, and 981;
THENCE North 00 degrees 04 minutes 49 seconds West for a distance of272.29 feet
along the west line of Land Lot 965 to an iron pin set (1/2" RIB) located on the southwest
right of way line of Hopewell Road (an 80' R/W) and the true point of beginning.
Together with and subject to covenants , easements, and restrictions of record.
Said property contains 0.649 acres and is more full y sho wn as Tract 2 on the ALT A/NSPS Land
Title Survey for City of Milton , Georgia, and Fidelity National Title In surance Company , by
Brumbelow-Reese and Associat es, Inc., dated January 9, 2023 , as last revised 2-27-2023, bearing
their job number 2022-154 , bein g identified as drawing MIL TON-BA TES2 under seal of Rodney
.H. Reese GRLS No. 2072."
A copy of the survey referenced above is attached hereto marked Attachment A-1.
Tax Parcel No. 22 -4770-0909-048-5
Cross-Reference: Limited Warranty Deed recorded at Deed Book 66749, Page 597 (Fulton
County Property Records)
(This tax parcel is depicted on the survey referenced below and is more particularly described as
follows:)•
"All that tract or parcel of land lying and being located in Land Lot 909, District 2 ,
Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly
described as follows:
To find the TRUE POINT OF BEGINNING, commence at an iron pin found (3/4" CIT)
at the northwest corner of Land Lot 909 , said comer being the common corner of Land
Lots 891 , 892 , 909 , and 91 O; thence South 00 degrees 27 minutes 25 seconds West for a
distance of 955 .93 feet along the west I ine of Land Lot 909 to an iron pin found (I" O/T);
thence leaving said west line of Land Lot 909 , North 89 degrees IO minutes 08 seconds
East for a distance of 418 .63 feet to an iron pin found ( l /2" RIB) and the TRUE POINT
OF BEGINNING;
THENCE North 00 degrees 07 minute s 11 seco nds East for a distance of 235.02 feet to
an iron pin found (1/2" RIB);
THENCE North 89 degrees 15 minutes 59 seconds East for a distance of 899 .41 feet to
an iron pin found (1/2" RIB) on the west right of way line of Hopewell Road (an 80'
RIW);
THENCE South 00 degrees 02 minutes 32 seconds East for a distance of 234.79 feet
along the west right of way line of Hopewell Road (an 80' R/W) to an iron pin found (l"
CIT);
THENCE leaving said west right of way line of Hopewell Road , South 89 degrees 15
minutes 10 seconds West for a distance of 900.07 feet to an iron pin found (1 /2 " RIB) and
the point of beginning.
Together with and subject to covenants , easements, and restrictions of record.
Said property contains 4.852 acres and is more fully shown on an ALTA/NSPS Land Title Survey
for City of Milton , Georgia and Fidelity National Title Insurance Company, by Brumbelow-Reese
and Associates, Inc ., dated February 20, 2023 , bearing their job number 2023-005 , and being
identified as drawing MIL TON-HDSN."
A copy of the survey referenced above is attached hereto marked Attachment A-2.
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; ~ ~ i e AlTAINSl"SI.ANOTTTLE8Uft\lEYFOR
• i Q i ff ~ ~ ~ : CITY OF MILTON , GEORGIA
jJ~c!ilAND I i "' • fIOEUTY NATJONAL mu: INSURANCE COWPANY
i
0,.TE: FEBRUARY :20, 2023
LOCATED IN:
LAHOLOT(S):108
OISTIUCT; 2. SECTION: 2
CrTYOf•Ml.TOtt
COUNTY Of: FULTON
STAT!Of'OEOftO&A
ATTACHMENT A -2
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BRUMBELOW-REESE AND ASSOC ., INC .
lANO SUI\VEYtHO &ERvtCE8, I.AH D PlM HERS .
DEVELOPMENT COHSUl TANT8
(GEOROIAI.JCfH9lila:u:tt'l2tlll-EXF'IR.\T10N~
13815 H~Y8N
MM.TOM, G£0RGIA3Cl004-3819
PHONE:77'0-475-a11T
fl,Jl,;770-6el-4IMI
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