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Home My WebLink AboutRESOLUTION NO 07-05-42f.`fl ". 0 DKII OK" DLtl:ZlI Ell COUNTY OF FULTON RESOLUTION NO. 07-05-42 A RESOLUTION REGARDING THE SETTLEMENT OF LITIGATION STYLED AS FULTON COUNTY v. 0.009 ACRES OF LAND; CERTAIN EASEMENT RIGHT LOCATED IN LAND LOT 1135 OF THE 2nd LAND DISTRICT OF FULTON COUNTY, GEORGIA; THOMAS G. STATHAM, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF PEARL GOBER STATHAM, DECEASED, AND INDIVIDUALLY; BE G. STATHAM; E. FLOYD STATHAM; and, ARTHUR FERDINAND, FULTON COUNTY TAX COMMISSIONER. The Council of the City of Milton hereby resolves while in regular session on the 3rd day of May, 2007 at 7:00 pm.: SECTION 1: On December 29, 2005, Fulton County initiated a condemnation action styled: "FULTON COUNTY v. 0.009 ACRES OF LAND; CERTAIN EASEMENT RIGHTS; LOCATED IN LAND LOT 1135 OF THE 2nd LAND DISTRICT OF FULTON COUNTY, GEORGIA; THOMAS G. STATHAM, as Executor of the Last Will and Testament of Pearl Gober Statham, Deceased, and Individually; BEN G. STATHAM; E. FLOYD STATHAM; and, ARTHUR FERDINAND, FULTON COUNTY TAX COMMISSIONER, FILE NO. 2005 CV 110507 in the Superior Court of Fulton County, Georgia; and SECTION 2: The purpose of this action was to procure 372 square feet of land located at the corner of Broadwell Road and Mayfield Road, at the corner of the property known as 735 Birmingham Highway in the center of the area known as "Crabapple Crossroads" in what was then unincorporated Fulton County, and which, as of December 1, 2006 became a part of the City of Milton upon its incorporation by action of the General Assembly; and SECTION 3: The purpose for which the condemnation of the subject property by Fulton County was effected was to install streetscape improvements for the purpose of enhancing, improving and beautifying the streetscape of the "downtown" Crabapple Crossroads area in accordance with the Crabapple Master Plan as approved by the Fulton County Commissioners; and SECTION 4: On January 2, 2007, the City of Milton purchased the Crabapple Community House property, which is located on Broadwell Road directly to the south of the 735 Birmingham Highway, the subject property; and SECTION 5: The parties to Fulton County v. 0.009 Acres of Land et al., being desirous of settling the matter, have asked for the assistance of the City of Milton in effecting a settlement of the condemnation action; and SECTION 6: Settlement of Fulton County v. 0,009 Acres of Land et al. is in the best interests of the City of Milton, its residents and taxpayers as all will directly benefit once the title of the condemned land, which was transferred to the City of Milton upon incorporation, is settled; and SECTION 7: The parties to the action have agreed to the settlement of the condemnation, in consideration of the payment of moneys to the Condemnees by Fulton County, the payment of the sum of $1,000.00 to the City of Milton by the Condemnees, and certain concessions to the Condemnees by the City of Milton as set forth below; and SECTION 8: In consideration of the above, the Council of the City of Milton hereby grants to the Condemnees in the above entitled action the following: A permanent sewer easement in favor of 735 Birmingham Highway only across the Crabapple Community House property as more fully described in the legal description and plat attached hereto as Exhibit "A"; and SECTION 9: In further consideration of the above, the Council of the City of Milton hereby grants to Condemnees a non-exclusive parking license for the benefit of 755 Mid Broadwell for 25 (twenty-five) years, subject to renewal, running from an iron pin located at the northwest corner of the right of way of Broadwell Road at the property line between the Crabapple Community House property and 755 Mid Broadwell (the point of beginning) due east 57 (fifty-seven) feet, thence due south 17 (seventeen) feet, thence due west 57 (fifty-seven) feet to the right of way of Broadwell Road, thence due north to the point of beginning; and SECTION 10: In further consideration of the above, the Council of the City of Milton hereby grants an easement across the right of way of Broadwell Road and Mayfield Road for maintenance and upkeep access for the building at 755 Mid Broadwell; and SECTION 11: In further consideration of the above, the Council of the City of Milton hereby grants a variance from applicable setbacks and the right of way to allow the re -construction of a historically existing awning on Condemnees' building located at 755 Mid Broadwell across the fagade along the right of way over the sidewalk along both Broadwell and Mayfield Roads to a maximum, encroachment of 8 (eight) feet, construction subject to Design Review Board and staff review, along with a similar variance to allow the pre-existing corner signage on the building to encroach into the right of way over the sidewalk adjacent to the immediate corner of Broadwell and Mayfield Roads. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 3rd day of May, 2007. Attest: r. Q lerk (Seal) Approved as to form: City Attorney Approved: Mayor N8�°o9'os "w s 57.50' -� �❑LA�ro 0 � il 0 F[rLToN Gounlrl� " - G.Q.4.B.4 CCrH/t'TLlr!/IrY C��/T�'.2 � :T = t;�-, 03-7 5.F = O. 1386 AGQ�— N.G. S. kronluMEw�7- FfklA'�J N7TN�N 5Ciq' CF }'RJPE'R7'r, Iwrr, N0/ Ck .0 Ert/a Or~ A20C.4: 01ALG 4.G.�f1rE' BRUMBELOW - REESE a ASSOC., INC. LANE] SURVEYING SERVICES GEORGIA REGISTRATION NO. 207: P-0 BOX 7I3 ALPHARETTA, GEORGIA 3020E PHONE; 475- 581 7 THE FIELD D4T4 UFCkv WNICH 7-,415 LEGEND ONEt' 1. 1 PS - i RON PIH SET �rrE RECISION OF pG7 (1/2" REINFORCING BAR) � �,-6'f FEET AAD ANA Ala)4 A& R. I P F. IRON PIN FOUND ENRL.v OF t3";�rRY NA'6t e P4YNT 3, C/T CRIMP TOP PIPE 4. O/T _ OPEN TOP PIPE * Na. 207aaa 5. RJB _ REINFORCING EAR a-WPAS'S R{rte" 6. LLL _ LAND LOT LINE. 7- t" _ PROPERTY LINE cl U S. _ CENTERLINE 9- --P-_ POWER LINE yY�� dj� c1 �Y 10. -T- _ TELEPHONE LINE 11. ---x-_ FENCE MEM5ER 12- CH. _ CHORD SURVEYING AND 4�4PP)N,' 13. R/W _ RIGHT OF WAY S6+f.'IF r r LIF [iEG'•i'G�a 14 -,_ STREAM 19. N.G. S. kronluMEw�7- FfklA'�J N7TN�N 5Ciq' CF }'RJPE'R7'r, Iwrr, N0/ Ck .0 Ert/a Or~ A20C.4: 01ALG 4.G.�f1rE' BRUMBELOW - REESE a ASSOC., INC. LANE] SURVEYING SERVICES GEORGIA REGISTRATION NO. 207: P-0 BOX 7I3 ALPHARETTA, GEORGIA 3020E PHONE; 475- 581 7 THE FIELD D4T4 UFCkv WNICH 7-,415 (' ❑ ONEt' �rrE RECISION OF pG7 ¢�v�S7Ek�nQ � �,-6'f FEET AAD ANA Ala)4 A& ENRL.v OF t3";�rRY NA'6t e P4YNT AVD WA5 ADJUSTEp USr.vG 7•n.= * Na. 207aaa a-WPAS'S R{rte" cl U THIS PLAT H45 BEEN CAC CUG ATED FOR CC C? SUR: ANO I5 FOUND ]L :,:rE A.:'CUkArE WTHW ONE FOOT PV yY�� dj� c1 �Y MEM5ER fxIIPMEi'r USE[? FOR MEf ASCiRE- SURVEYING AND 4�4PP)N,' AjE ATT S6+f.'IF r r LIF [iEG'•i'G�a Df'%rale• - TOTAL Sr4r)OA'- fir:' .• u ❑ lc:' .:{c? - C� r _..... .-.. ..-u RAAHIC SCALE rtwC 1) ..-...-_...--------- 3CALE;I"7 erg' i'JOOB No. LEGAL DESCRIPTION FOR CITY OF MILTON BROADW ELL ROAD ALL THAT TRACT OR PARCEL OF LAND LYING AI D BEING INLAND AND LOT 1134, OF THE 2'°d DISTRICT 2"d SECTION, FULTON COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' PERAIAN.ENT 10 FOOT SEWER EASEMENT: z%REA: AREA= 988.21 SQUARE FEET COMMENCING AT AN IRON PIN (PROPERTY CORNER) LOCATED AT THE EASTERN CORNER OF THE MURF'S APPLECART PROPERTY AND ALSO BEING. THE WESTERN RIGHT OF WAY OF MID BROADWELL ROAD, SAID POINT ALSO REFERRED HEREIN AS P.O.B. (PORI T OF BEGINNING) THENCE CONTINUING ALONG THE SOUTH EASTERN PROPERTY LINE OF THE MURF' S APPLECART PROPERTY S 39'49'20"W, A DISTANCE OF 51.94 FEET TO A POINT, THENCE; S 89°06.16"W, A DISTANCE OF 2.68 FEET TO A POINT, SAID POINT ALSO REFERRED HEREIN AS (TEMPORARY POINT OF BEGINNING) THENCE CONTINUING, S 89°06'16"W, A DISTANCE OF 10.00 FEET TO A POINT, THENCE; S 0"54'37"E, A DISTANCE OF 103.96 FEET TO A POINT THENCE; N 43'37'26"r--, A DISTANCE OF 14.26 FEET TO A POINT THENCE; N 0'54'37"W, A DISTANCE OF 93.79 FEET TO THE ABOVE MENTIONED (TEMPORARY PONT OF BEGINNING) AND CON`rAININI G 988.21 SQUARE FEET i^ .. �� x NO -_ iSrj JV' n00 m C] Ln XUD .9 •` j. LO ti w < H$ 9 V) �dO cry f co a m a C7�� i O Li] 6� un C+ 0.mtllt �7 r N � -i- `° ; D - N 'S4'37'W N7 p C; iD3 96' 4 Li C. � O < � J za LAJ w V? F 0 Vl S Ld i^ .. �� x NO -_ iSrj JV' n00 m C] Ln XUD .9 •` j. LO ti w < H$ 9 V) �dO cry f co a m a C7�� i O Li] 6� un C+ 0.mtllt �7 r N � -i- `° ; D - N 'S4'37'W N7 p C; iD3 96' 4 Li C. � O < � J za LAJ w V? F 0