HomeMy WebLinkAbout03-07-11 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, March 7, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Michael DeBusk, Crabapple First Baptist Church, Milton, Georgia
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 041)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the February 23, 2011 Regular Minutes.
(Agenda Item No. 11- 042)
(Sudie Gordon, City Clerk)
2. Approval of Execution of Closing Documents for the Purpose of Real Property Located
at Webb Road/Deerfield Parkway, Milton, Georgia; Portion of Tax Parcel No. 22-5430-
1046-047-8, between the City of Milton and First Citizens Bank and Trust Company, Inc.
(Agenda Item No. 11- 043)
(Chris Lagerbloom, City Manager)
6) REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing Arbor Day.
(Agenda Item No. 11- 044)
(Presented by Mayor Lockwood)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 7, 2011
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
7) FIRST PRESENTATION
1. RZ11-01 – To Adopt the Corrected City of Milton Zoning Map as indicated on the
Geographical Information System (GIS) Including All Zoning Actions Prior to
January 1, 2011 as Shown on “Current Zoning Map Dated January 2011”.
(Agenda Item No. 11- 045)
(Lynn Tully, Community Development Director)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATIONS
1. Approval of the Issuance of an Alcohol Beverage License to J & D Murphy
Enterprises, Inc. d/b/a Bottles and Corks located at 12990 Highway 9, Suite 118,
Milton, Georgia 30004. The Applicant is James Murphy for Package Retail –
Wine, Malt Beverages & Distilled Spirits.
(Agenda Item No. 11- 046)
(Stacey Inglis, Finance Director)
2. Approval of the Issuance of an Alcohol Beverage License to LAK Murphy
Enterprises, Inc. d/b/a The Tasting Room located at 12990 Highway 9, Suite 116,
Milton, Georgia 30004. The Applicant is Darla J. Murphy for Consumption on
Premises – Wine, Malt Beverages and Distilled Spirits.
(Agenda Item No. 11- 047)
(Stacey Inglis, Finance Director)
3. Approval of the Issuance of an Alcohol Beverage License to Zola, Inc. d/b/a Zola
Italian Bistro located at 2955 Bethany Bend, Suites 300 & 400, Milton, Georgia
30004. The Applicant is Adriano Baldelli for Consumption on Premises – Wine,
Malt Beverages and Distilled Spirits.
(Agenda Item No. 11- 048)
(Stacey Inglis, Finance Director)
4. Approval of the Issuance of an Alcohol Beverage License to Premier Brands
#215, LLC d/b/a Dickey’s Barbeque Pit #215 located at 13075 Highway 9, Suite
120, Milton, Georgia 30004. The Applicant is Wayne Langston for Consumption
on Premises – Malt Beverages.
(Agenda Item No. 11- 049)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 7, 2011
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
11) NEW BUSINESS (None)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS (None)
14) EXECUTIVE SESSION (None)
15) ADJOURNMENT
(Agenda Item No. 11- 050)
The minutes will be
Provided
electronically
JARRARD 0 DAVIS,LLF)
KEN E. JARRARD
ANGELA E. DAVIS
JOSEPH C, PEAKE, III
PAUL N. HresEE, JR.
CHRISTOPHER J. HAM1LToN
Chris Lagerbloom, City Manager
City of Milton
1300 Deerfield Parkway
Suite 107 A -G
Milton, Georgia 30004
A Limited Liability Partnership
105 Pilgrim 'Village Drive, Suite 200
Cumming, Georgia 30040
TELEPHDNE: 678.45 5.7150
FACSMLE: 678.455.7149
PHIGBEE LARBARD-DAViS.COM
February 3, 2011
PAUL J. DZIKOWSKI
PAUL B. FRicKEY
THOMAS MONDELLI
STEPHEN G. SMITH
KARA L. WEBB
Re: First Citizens Sank and Trust Compgny, Inc. Sale to City of Milton
Dear Chris:
Enclosed for your records please find the closing binder containing original closing
documents in the above -referenced acquisition.
Sincerely,
JARRARD & DAVIS, LLP
vi IL�� '_� /
F
Paul N. Higbee, Jr.
PNH:rlh
Enclosures
cc: (W/Enc.) Stacey Inglis, Finance Director
119000a NONE Samoa
FIRST CITIZENS BANK AND TRUST
COMPANY, INC.
SALE TO
CITY OF MILTON, GEORGIA
Property Webb Road/Deerfield Parkway
Milton, Fulton County, Georgia
Portion of Tax Parcel No.
22-5430-1046-047-5
1.004 Acres
Date of Closing: November 59 2010
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9 a 9 A 9 111. 1111 A I
TABLE OF CONTENTS
Tab No.
Agreement for'the Sale of Realty .................................................... 1
BrokerEstoppel Letter.................................................................. 2
ClosingStatement................................................................. 3
Limited Warranty Deed................................................................. 4
Representation/Disclosure Affidavit .............................................. S
Buyer/Seller Certification................................................................ 5
Seller Certification 7
Seller's Affidavit ............................... . ............................ 8
Affidavit of Exemption from Withholding ..................................... 9
Title Insurance.................................................................. 10
AGREEMENT FOR SALE OF REALTY
THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and
entered into this 1�3 IL�' day of September, 2010, by and between the CITY OF MILTON,
GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws
of the State of Georgia -(the "Buyer"), and FIRST CITIZENS SANK AND TRUST
COMPANY, INC., a South Carolina bank (referred to herein as "Seller").
AGREEMENT
1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land shown
on Exhibit A, attached hereto and incorporated herein by reference, and containing a total of
1.004 acres, more or less; and including all structures, fixtures and appurtenances attached
thereto (hereinafter referred to as the "Property").
?. Purchase Price. The purchase price for the Property shall be One Hundred Sixty
Thousand Dollars and Zero Cents ($160,000.00) to be paid at closing.
3. Earnest Money. Not applicable.
4. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to
the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall
mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances
of any kind or nature whatsoever other than the Permitted Exceptions; (ii) insurable by a
reputable title insurance company at then -current standard rates under the standard form of
ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted
and without exception other than for permitted exceptions expressly agreed to in writing by
Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title
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disclosed to the Buyer as of the date of closing and as presented in accordance with this
Agreement.
5. Inspection ,Period. Buyer shall have sixty (64) days after. the date of this
Agreement (the "Inspection Period") to inspect the Property, and during the Inspection Period
Buyer may terminate this Agreement either for any reason or for no reason at all.
6. Due Diligence. Within fifteen (15) days after the date of this Agreement, Buyer
shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is
good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion,
shall notify Seller of any defects or unacceptable exceptions thereto at least five (5) days after
receiving such title opinion. Seller shall have ten (10) days from the date of Buyer's exceptions
notification to issue a letter (such letter being, the "Seller Response Letter") to Buyer in response
to such notification stating whether Seller shall satisfy such defects or unacceptable exceptions
on or before the closing of the transaction contemplated by this Agreement. In the event the
Seller Response Letter indicates Seller is unwilling or unable to satisfy one or more of such
defects or unacceptable exceptions to title indicated by Buyer, Buyer shall have the right to
terminate this Agreement whereupon neither party shall have any further rights, obligations or
duties hereunder. The Parties hereto agree that this express grant of a right to terminate in favor
of the Buyer in no way abrogates the general right of the Buyer to terminate this Agreement with
or without cause during the Inspection Period. In the event Buyer does not terminate this
Agreement in response to the Seller Response Letter within ten (1 D) days after Buyer receives
the Seller Response Letter, Buyer shall be deemed to have consented to and accepted all such
defects or unacceptable exceptions and such matters shall be referred to herein as the "Permitted
Exceptions".
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7. Warranty. The Seller hereby affirmatively warrants that to the actual knowledge
of J. Reeves Skeen, Assistant Vice President, without due diligence or inquiry, it has no actual
knowledge of any latent or patent physical condition(s), hazard(s) or feature(s) of, on or below
the Property that will in any material way impede or frustrate the reasonable use of the Property
by Buyer. Moreover, the Seller further warrants that it has no knowledge of any condemnation
or compelled acquisition of all or any part of the Property by any entity.
8. Public Hearin.. Prior to closing on the Property, the Seller acknowledges that the
Buyer may hold a public hearing with respect to this purchase wherein the details of said
purchase may be revealed in an open forum.
9. Closing Date. A closing shall be conducted no later than at 5:00 p.m. on the date
which is the last day of the Inspection Period at the offices of Seller's counsel, Busch, Slipakoff
& Schuh, LLP, 3350 Riverwood Parkway, Suite 1550, Atlanta, Georgia 30339. At the closing,
the Seller shall deliver to the Buyer a Limited Warranty Deed to the Property conveying good,
insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and
appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens,
encumbrances, or exceptions on all or any part of the Property, except for the Permitted
Exceptions, if any, easements, restrictions, and other exceptions of record, together with all right,
title, and interest of the Seller in and to the Property. Buyer during the Inspection Period may
procure, at its own expense, a survey specifically setting forth the metes and bounds and acreage
of the Property, and any such survey shall provide the legal description of the Property to be used
in a quitclaim deed with respect to the Property while the legal description used for the Limited
Warranty Deed shall be the same as that set forth on the foreclosure deed by which Seller took
3
title to the Property recorded in the Fulton County, Georgia records at Deed Book 48800, Page
174.
10. Taxes. All taxes, assessments, and encumbrances which are a lien against the
Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of
record by the Seller at or before the transfer of title. Seller shall be entitled to use the cash
portion of the Purchase Price at the Closing to satisfy any such taxes, assessments and
encumbrances. Real estate taxes which are a lien (but are not yet due and payable) will be
prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or
transfer, conveyance or recordation tax, assessment or charge, if any.
11. Risk of Loss_ All risk of loss or damage to the property will pass from the Seller
to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing,
the Buyer may, without liability, refuse to accept the conveyance: of title, or it alternatively may
elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver
possession of the Property to the Buyer at the time of closing.
12. Right of Entry. The Buyer may enter upon the Property at reasonable times for
surveying and other reasonable purposes related to this transaction from the date of execution of
this Agreement, through and including the time of delivery of possession of the Property to the
Buyer by the Seller. The Buyer's entry upon the property in accordance with the paragraph shall
be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing
operations or in such a manner as would do permanent or long-term damage to the Property.
13. Preservation of Propert_y_. The Seller agrees that the Property shall remain as it
now is until the delivery of possession of the Property by the Seller to the Buyer, and that the
Seller will make reasonable efforts to prevent and refrain from any use of the Property for any
4
purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the
property in the future; provided, however, that Seller shall not be responsible or liable for any act
or omission of any third party whatsoever with respect to the Property except those acts or
omissions which adversely affect the Buyer's use and enjoyment of the Property in the future by
agents or contractors of Seller only. Seller hereby acknowledges that Buyer's intended use of the
Property is for a public park, but that Buyer shall retain full discretion to utilize the Property for
any purpose for which a Georgia municipality may lawfully use property.
14. Specific Performance. The parties agree that in the event of a breach hereof by the
Seller (i.e. the refusal to execute the deed at closing or to deliver possession of the Property to
the Buyer at the appointed time), damages will be inadequate, and therefore the court having
jurisdiction herein may award the Buyer specific performance in lieu of damages or any other
remedies allowed by law and the remedy of specific performance shall be Buyer's sole and
exclusive remedy; provided and so long as Buyer brings an action for such remedy no later than
six (6) months after the expiration of the Inspection Period.
15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs,
executors, administrators, successors, personal representatives and assigns of the Seller.
16. Final Agreement. This Agreement terminates and supersedes all prior
understandings or agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duly executed by both parties.
17. Severability. if any paragraph, subparagraph, sentence, clause, phrase, or any
portion of this Agreement shall be declared invalid or unconstitutional by any court of competent
jurisdiction or if the provisions of any part of this Agreement as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
5
shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby
declared to be the intent of the parties to provide for separable and divisible parts, and they do
hereby adopt any and all parts hereof as may not be held invalid for any reason.
18. Governing Law. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws
principles.
19. Property Conveyed As Is, Where Is. Notwithstanding anything contained in this
Agreement to the contrary:
a. Buyer acknowledges that Buyer has had and will have prior to the expiration of the
Inspection Period under this Agreement, full and adequate right and opportunity to
inspect and review the Property. Buyer's decision not to terminate this Agreement
prior to the expiration of the Inspection Period and Buyer's completion of Closing
shall each constitute evidence that Buyer is satisfied with the condition of the
Property and title to the Property. In Closing and completing this transaction, Buyer
will have relied exclusively upon its own inspections and reviews, and not upon any
representation or warranty of Seller, or its agents or employees, except as set forth in
Paragraph 7 of this Agreement or in case of fraud or active concealment.
b. Buyer understands and agrees (i) that Seller has made no representation, warranty or
guaranty, express or implied, oral or written, regarding (a) the condition or state of
repair of any improvements upon the Property, (b) the use, generation, storage,
release, disposal or presence of any pollutants, contaminants or other dangerous or
hazardous substances upon, beneath or near the Property, (c) compliance of the
Property with any applicable law, regulation or ordinance, including, but not limited
6
to, any land use, zoning or environmental regulation or building code, or (d) any other
matter regarding the condition of the Property or title to the Property, (ii) that Seller is
not obligated to alter, repair or improve the Property in any manner, and (iii) to accept
the Property in its "AS-ISIVyHERE-1S" condition, with all present and future faults or
defects, and without any representation or warranty of Seller.
c. Buyer (and any party claiming through or under Buyer) hereby agrees that following
Closing, Seller shall be fully and finally released from any and all claims or liabilities
against the Seller relating to or arising on account of the condition of the Property.
20. Except for Resource Real Estate Partners LLC, who shall be paid a commission by
Seller by separate agreement, Buyer and Seller each represent to the other that no party is
entitled to a commission upon the sale of the Property, and each agree, to the extent, if any,
allowed by law, to indemnify and hold harmless the other against any and all claims of real estate
agents or brokers claiming to have been engaged by the indemnifying party, for commissions or
claims for similar fees incurred in any action, suit, proceeding or claim arising out of or in
connection with the transaction contemplated by this Agreement. The foregoing indemnities
shall extend to all court costs and attorney's fees in connection with such claims. The foregoing
indemnities shall survive the closing or the termination of this Agreement (as the case may be)
until that date which is sixty (60) days after the expiration date of the applicable statutory period
for filing a commission claim with respect to the transaction contemplated by this Agreement,
for the purpose of making a claim under a foregoing indemnity, and, with respect to any claim
timely made under a foregoing indemnity, the indemnity shall survive until the resolution of such
matter and the payment in full of the indernnitor's obligations to the indemnitee thereunder.
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[Remainder of this page intentionally left blank; signatures on the next following page_]
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF
REALTY as of the day and year first above written.
BY:
Toe- i
SELLER:
FIRST CITIZENS BANK AND TRUST
COMPANY, INC. 17
J. ReevegSkeen, Assistant Vice President
[AFFIX BANKSEAL]
BUYER:
CITY OF MILTON, GEORGIA
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Exhibit A
All that tract or parcel of land lying and beiag in Land Lot 1046 in the 2nd Section, 2rnd Lang#
]district of Fulton County, Georgia, and being mors particularly described as follows:
BEGINNING at the nor'tbernrnost point formed by the mitered intersection of the southern right of,
way line of Webb Road and the soutbwestern right of way line of Deerfield Parkway (having a
variable right of way); tbence leaving the southern right of way line of Webb Road, run
soufbeasterly alrsrtg tlae mitered intcraeCEioai al the svutliiwesi rigl-�ift+a' line"'afil'eer iet€i _._.
Parkway, south 37 degrees 54 minutes 52 seconds east 112.54 fmt to a point located on the -western
right'of way line of Deerfield Parkway; the -nee leaving the afore -said mitered intersection, run along
the westera and northwestern right of way lines of Deerfield Parkway the following four (4) courses
and distances and following the curvature thereof; (1) south iib degrees 42 minutes 26 seconds vest
a distance of 31.44 feet to a point; (2) south 12 degrees 22 minutes 16 seconds west a distance of
93.45 feet to a point; (3) south 19 degrees 16 minutes 43 seconds west a distance of 93.45 feet to a
point; (4) south 30 degrees 01 mbiuics 46 seconds west a distartmx: of 12.42 feet to a point, thence
Icaving thc said western and northwesicrn right of way lines of Deerfield parkway run thence north
31 degrees 54 minutes 26 seconds west a distance of 388.85 feet to a point on the southern right of
way line of Webb Road; thence run along thr soutbcrn right of way line of Webb (toad and
following the curvature thereof along the arc of a 5,73li.75 foot mdius c:urvc to the right having an
art distance of 198.37 feet (said are subtended by a ch.nrd lying to the south thereof bearing south
86 degrm 34 minutes 55 seconds cast) a distanco of 198.36 feet to a point at the mitered inter-3e010a
of the southern right of way of Webb Road and the southavcstera right of �vay of Deerfield
Parkway, said print being the TRUE POINT OF BEGINNING,
The above-described property is designated a� Tract 3, Containing 1,004 acres (43,749 square feet),
more or less, and is shown on anti described according to the certain ALTA(ACSM Survey
prepared for Deerfield Park, LLC awd William R. [firkin by Frontline Surveying and Mapping, Inc.
(Thomas Edward Nay, Jr., Georgia Roistered Lane] Surveyor No. 2402), dated July 20,1998, last
revised January 29, 1999, which survey -is incorporated herein by the reference and madc aE part of
this diescription,
to
BROKER ESTOPPEL LETTER
STATE OF GEORGIA
COUNTY OF FULTON
PERSONALLY appeared before the undersigned attesting officer, duly authorized by law
to administer oaths, the undersigned representative of Resource Real Estate Partners, LLC
(hereinafter "Broker"), who being first duly sworn, deposes and says on oath as follows:
Broker is a licensed Georgia real estate broker who have rendered brokerage services to
First Citizens Bank and Trust Company, Seller, in connection with the sale and purchase of the real
property being more particularly described on Exhibit "A" attached hereto and incorporated herein
by reference and being the subject of a Limited Warranty Deed of even date from Seller to City of
Milton, Georgia, Purchaser.
As an inducement to .larrard and Davis to close the transfer of the subject property, and to
any title insurance company insuring any aspect of the subject matter transaction, the undersigned
Broker represents and warrants that all compensation due or to become due to the undersigned has
been paid, and the undersigned has not filed or caused to be filed any lien or claim of lien against
the subject matter property, and waives any claim of lien.
Sworn to and subscribed before
the undersigned this the
day of November, 2010.
I
N6tary Public '
"►►lll[1l]#1 F1f�11�I
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My Commissio �R. uraN' Ft{"f''•
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G APR
2011
(NOTA1�l
Resource Real Estate Partners,
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Scott McGregor
(SEAL)
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Exhibit A
All that tract or parcel of land lying and being in Land Lot 1046 in the 2nd Section,
2nd Land District of Fulton County, Georgia, and being more particularly described
as follows:
BEGINNING at the northernmost point formed by the mitered intersection of the
southern right of way line of Webb Road and the southwestern right of way line of
Deerfield Parkway (having a variable right of way); thence leaving the southern right of
way line of Webb Road, run southeasterly along the mitered intersection of the
southwestern right of way line of Deerfield Parkway, south 37 degrees 54 minutes 52
seconds east 112.64 feet to a point located on the western right of way line of Deerfield
Parkway; thence leaving the aforesaid mitered intersection, run along the western and
northwestern right of way lines of Deerfield Parkway the following four (4) courses and
distances and following the curvature thereof: (1) south 06 degrees 42 minutes 26 seconds
west a distance of 39.44 feet to a point; (2) south 12 degrees 22 minutes 16 seconds west
a distance of 93.45 feet to a point; (3) south 19 degrees 16 minutes 43 seconds west a
distance of 93.45 feet to a point; (4) south 30 degrees 01 minutes 46 seconds west a
distance of 12.42 feet to a point; thence leaving the said western and northwestern right of
way lines of Deerfield parkway run thence north 31 degrees 54 minutes 26 seconds west a
distance of 388.85 feet to a point on the southern right of way line of Webb Road; thence
run along the southern right of way line of Webb Road and following the curvature
thereof along the are of a 5,730.75 foot radius curve to the right having an arc distance of
198.37 feet (said are subtended by a chord lying to the south thereof bearing south 86
degrees 34 minutes 55 seconds east) a distance of 198.36 feet to a point at the mitered
intersection of the southern right of way of Webb Road and the southwestern right of way
of Deerfield Parkway, said point being the TRUE POINT OF BEGINNING.
The above-described property is designated as Tract 3, containing 1.004 acres (43,749
square feet), more or less, and is shown on and described according to the certain
ALTAIACSM Survey prepared for Deerfield Park, LLC and William B. Orkin by
Frontline Surveying and Mapping, Inc. (Thomas Edward Peay, Jr., Georgia Registered
Land Surveyor No. 2402), dated July 20, 1998, last revised January 29, 1999, which
survey is incorporated herein by the reference and made a part of this description.
CLOSING STATEMENT
PURCHASER: City of Milton, Georgia
SELLER: First Citizens Bank and Trust Company, Inc.
PROPERTY: Webb Road & Deerfield Parkway, Milton, Fulton County, Georgia
Portion of Tax Parcel No. 22-5430-1046-047-5
1.004 acres
DATE: November 5, 2010
Purchase Price $ 160,400.00
Broker's Commission (6%) Resource Real Estate Partners, LLC $ 9,600.00
Deerfield Owners Association Fees $ 965.05
NET DUE SELLER S 149,434-95
Purchaser:
City o tpn, Georgia
1
By:
Chris lr gez oo City Manager
Seller: r
r
J. Reeves Skeen, Assistant Vice President
CLOSING STATEMENT
PURCHASER: City of Milton., Georgia
SELLER: First Citizens Bank and Trust Company, Inc.
PROPERTY: Webb Road & Deerfield Par"ray, Milton, Fulton County, Georgia
Portion. of Tax Parcel No. 22-5430-1046-047-8
1.004 acres
DATE: November 5, 2010
Purchase Price $ 160,000.00
Broker's Comrinission (6%) Resource Real Estate Partners, LLC $ 9,600.00
Deerfield Ov-ners Association Fees $ 965.05
NET DUE SELLER _ S 149,434.95
Purchaser:
Citypof;Milton, Georgia
, J C 11 I.
City Manager
Seller: ---=- --
r
J_ Reeves Skeen, Assistant Vice President
Deal Estate Transfer, tax 40.00
Cathelene Robinson
Clerk of Superior Court
Fultan Count Y, Georgia
Space Above This Line For Recording Data
STATE OF GEORGIA Atter Recordhig, Please Weturn to:
COUNTY OF COBB
1ofe
Cross Reference: Deed Book 48800, Page 174
LIMITED WARRANTY DEED
THIS INDENTURE is made and entered into as of the day of November,
2010, by and between FIRST CITIZENS BANK AND TRUST COMPANY, INC., a
South Carolina bank (hereinafter referred to as "Grantor"), and the CITY OF MILTON,
an instrumentality of the State of Georgia (hereinafter referred to as "Grantee") (the
words "Grantor" and "Grantee" to include their respective successors,
successors -in -title and assigns where the context requires or permits).
WITNESSETH THAT Grantor, for and in consideration of the sum of TEN AND
N01100 DOLLARS ($10.00) and other good and valuable consideration, in hand paid at
and before the sealing and delivery of these presents, the receipt and sufficiency of
which are hereby acknowledged, and pursuant to proper authority, has granted,
bargained, sold, aliened, conveyed and confirmed, and by these presents does grant,
bargain, sell, alien, convey and confirm unto Grantee the real property more particularly
described on that certain Deed Under Power dated February 2, 2010 by Reunion Park,
LLC in favor of First Citizens Bank and Trust Company, Inc. recorded in Deed Book
48800, Page 174, Official Records of the Clerk of Superior Court of Fulton County,
Georgia (the "Property") L K j b,, +
TO HAVE AND TO HOLD the Property, together with all and singular the rights,
privileges, easements, members, appurtenances belonging or thereto appertaining, to
the only proper use and benefit of Grantee and its successors and assigns forever in
Deed Book 496 53 p� ae-7
FEE SIMPLE, subject only to the matters set forth on Exhibit A, attached hereto and
made a part hereof.
AND GRANTOR will neither warrant nor forever defend the right and title to the
Property except against the claims of parties claiming by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has signed and sealed this instrument as of
the day and year first above written.
Signed, sealed and delivered
in the presence of:
Uno 'tial Witness
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Notdry Public` -
My Commission Expires:
(NOTARIAL SEAL)
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GRANTOR:
FIRST CITIZENS BANK AND TRUST
COMPANY, INC., a South Carolina bank
By:
Print Name-'
Print Title:
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ed Book 49653 Pg 388
EXHIBIT A
1. All taxes for the years subsequent to 2010 as well as past taxes coming due in
the future due to unapproved tax digests.
2. All matters of record as of the date of this deed.
3. All matters which would be disclosed by a current and accurate survey and
careful visual inspection of the property.
4. Riparian rights, if any, affecting the property.
5. All zoning laws and ordinances affecting the property.
6. Street and sanitary liens not properly placed of record.
7. Title to that portion of the property within the bounds of any public road.
8. Pay as you enter water and sewer lines which will be payable upon connection.
wed EVW4c3�3 �� 8 m
}'xhibit A t
All that tract or parcel of land lying and being in Land Lot 1046 in the 2nd Section,
2nd Land District of Fulton County, Georgia, and being more particularly described
as follows:
BEGINNING at the northernmost point formed by the mitered intersection of the
southern right of way line of Webb Road and the southwestern right of way line of
Deerfield Parkway (having a variable right of way); thence leaving the southern right of
way tine of Webb Road, run southeasterly along the mitered intersection of the
southwestern right of way Iine of Deerfield Parkway, south 37 degrees 54 minutes 52
seconds east 112.64 feet to a point located on the western right of way line of Deerfield
Parkway; thence 'teaving the aforesaid mitered intersection, run along the western and
northwestern right of way lines of Deerfield Parkway the following four (4) courses and
distances and following the curvature thereof. (1) south 06 degrees 42 minutes 26 seconds
west a distance of 39.44 feet to a point; (2) south 12 degrees 22 minutes 16 seconds west
a distance of 93.45 feet to a point; (3) south 19 degrees 16 minutes 43 seconds west a
distance of 93.45 feet to a point; (4) south 30 degrees 01 minutes 46 seconds west a
distance of 1.2.42 feet to a point; thence leaving the said western and northwestern right of
way lines of Deerfield parkway run thence north 31 degrees 54 minutes 26 seconds west a
distance of 388.85 feet to a point on the southern right of way line of Webb Road; thence
run along the southern right of way line of Webb Road and fallowing the curvature
thereof along the arc of a 5,730.75 foot radius curve to the right having an arc distance of
198.37 feet (said arc subtended by a chord lying to the south thereof bearing south 86
degrees 34 minutes 55 seconds east) a distance of 198,36 feet to a point at the mitered
intersection of the southern right of way of Webb Road and the southwestern right of way
of Deerfield Parkway, said point being the TRUE POINT OF BEGINNING.
The above-described property is designated as Tract 3, containing 1.004 acres (43,749
square feet), more or less, and is shown on and described according to the certain
ALTA.IACSM Survey prepared for Deerfield Park, LLC and William B. Orkin by
Frontline Surveying and Mapping, Inc. (Thomas Edward Peay, Jr., Georgia Registered
Land Surveyor No. 2402), dated. July 20, 1998, last revised January 29, 1999, which
survey is incorporated herein by the reference and made a part of this description.
Q
Deed Book 49653 Rg 390
First (Oftens-
RESOLVED,
that the Board of Directors of First Citizens Bank and Trust Company,
lnG. lathe "Bank") does hereby authorize any Sank Officer to execute on behalf of the Bank
any and all documents deemed necessary or desirable: related to the perfection and
discharge of the Bank's security interest in any and all collateral taken in conjunction with the
granting of credit by the Bank, and includes any release, satisfaction, termination,
mociffication, extension, or renewal of the credit, and includes, taut is not limited to, third -party
pledge agreements with stock brokers and other brokers, and agreements related to a
perfection of security interest in annuities, insurance contracts and other related insurance
Products.
4 Gertify that the foregoing is a true and con ect copy of resolutions adopted by the
Board of Directors of First Citizens Bank and Trust Company, Inc. ("Ban1 j, at which a
quorum was present and voting, held April 23, 2009 and has not been revoked or
rescinded.
March 22, 2010
-- -Melissa A. Mendenall -
corporate Secretary
I Certify that the following is an officer of the Bank, having been duly elected to such
offices respectively and now hold the -same:
"title Print Name Signature
Assistant We President J. Reeves Skeen
and that the signature set opposite his name is his genuine signature.
used vn 4�3� 53 -Aso t
���9WAuppil4�ii�iuiuu
LIMITED POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the FEDERAL DEPOSIT
INSURANCE CORPORATION, a corporation organized and existing under an Act of Congress,
hereafter called. the "FDIC", -hereby designates the following employees(s) of First Citizens Bank
and Trust Company, Inc., set out below (the "Attorney(s)-in-Fact") for the -sole purpose of
executing the documents outlined below:
Caric Martin
Cathy Malone
Rebecca Abraham
Jerry Ragan
Richard Spink
David Beasley
Katie Silva
Reeves Skeen
Julia Hendricks
Johanna Huggins
WHEREAS, the undersigned has full authority to execute this instrument on behalf of the
FDIC under applicable Resolutions of the FDIC's Board of Directors and redelegations thereof.
NOW THEREFORE, the FDIC grants to the above-named Attorneys) -in -Fact the
authority, subject to the limitations herein, as follows:
I , To excoute, acknowledge, seal and deliver on behalf of the FDIC as receiver of
Georgian Bank, ("Receiver") all instruments of transfer and conveyance, including but not
limited to deeds, assignments, satisfactions, and transfers, appropriately completed, with all
ordinary or necessary endorsements, acknowledgments, affidavits and supporting documents as
may he necessary or appropriate to evidence the sale and transfer of any asset of Georgian Bank
including all loans formerly held by Georgian Bank to First Citizens Bank and Trust Company,
Inc., pursuant to that certain Purchase and Assumption Agreement, dated as of September 25,
2009, between Receiver, and First Citizens Bank and Trust Company, Inc_.
2. Regarding indebtedness previously owned by the former Georgian Bank that had
been paid off or otherwise satisfied prior to batik failure, authority is granted to the Attorneys) -
in -Fact to execute, acknowledge, seal and deliver on behalf of the Receiver any and all lien
releases that may be necessary for the completion of the documentation obligations of the former
Georgian Bank, in connection with such paid -off lo=ins or other debt obligations. All Iien
releases and related documents prepared in connection with this Limited Power of Attorney shall
be appropriately completed with all ordinary or necessary endorsements, acknowledgments,
affidavits and supporting documents as may be necessary or appropriate to evidence the release
of the collateral and satisfaction of the debt.
Attorneys -in -Fact shall undertake to complete all appropriate due diligence necessary to
verify the full and final payment and satisfaction of all indebtedness secured by the collateral
being released._
Limited Power of Attorney Page i of 4
First Citizens Bank and Trust Company, Inc. .lune, 2010
Prepared by Darlene Wailer, Federal Deposit Insurance Corporation, Dallas Regional Office, Legal Division
Deed Bnak 49€ 53 P 392
The form which the Attorney(s)-in-Fact shall use for endorsing promissory notes or preparing
allonges to promissory notes is as follows:
Pay to the order of
Without Recourse
FEDERAL DEPOSIT INSURANCE CORPORATION
as Receiver of Georgian Bartle
Name:
Title:
Attorney -in -Fact
All other documents of assignment, conveyance, or transfer shall contain this sentence: "This
assignment is made without recourse, representation or warranty, express or implied, by the
FDIC in its corporate capacity or as Receiver."
3. FDIC further grants to each Attorney -in -Fact full power and authority to
do and perform all acts necessary to carry into effect the powers granted by this Limited Power
of Attorney as fully as FDIC might or could do with: the same validity if all and every such act
had been herein particularly stated, expressed, and especially provided. for.
This Limited Power of Attorney shall be effective from September 25, 2009, and shall
continue in full force and effect through September 30, 2011, unless otherwise terminated by an
official of the FDIC authorized to do so by the Board of Directors C'Revocation"). At such time
this Limited Power of Attorney will be automatically revolted. Any third party may rely upon
this document as the named individual(s)' authority to continue to exercise the powers herein
granted, unless a Revocation has been recorded in the public records of the jurisdiction where
this Limited Power of Attorney has been recorded, or unless a third party has received actual
notice of a Revocation.
Limited Power of Attorney Page 2 of 4
First Citizens Bank and Trust Comparry, Inc. June, 2010
Prepared by Darlene Waiicr, Federal Deposit Insurance Corporation, Dallas Regional Office, Legal Division
Deed Book 4965Zi Pg a B3
IN Wl'MESS WBEREOF, the FDIC, by its duly authorized officer ompowcred
by appropriate resolution of its Board of Directors, has caused these presents to be subscribed in
its name this,. r day of .lane, 2010.
FEDERAL DEPOSIT INSURANCE CORPORATION
Sy: �Lf
Name: Set Holston-Okae
Title: Resolutions & Closings Mana er
Dallas Regional Office
Limited Power of Attorney Page 3 of 4
t^irst Citizens Bank and Trust Company, Inc. JW)O, 2010
Prepared by Darlene Waller, Federal Deposit Insurance Corporation, Dallas Regional Office, Legal Division
Deed Book 4"j- & 2i lig 3'-j#
U.-itheleine Rohinsan
Clerk of 5uperier Court
Fulton County, Georgia
STATE OF TEXAS
COUNTY OF DALLAS
On thisday of June, 2010, before roe, a Notary Public in and For the State of Texas
appeared Bettye olston-Okae, to Yoe personally known, who, being by me first duly sworn did
depose that she is Resolutions & Closing Manager, Dallas Regional Office of the Fedcral
Deposit Insurance Corporation (the "Corporation"), in whose name the foregoing Limited Power
of Attorney was executed and subscribed, on behalf of the said Corporation by due authority of
the Corporation's Board of Directors, and the said Bettye Holston-Okae, acknowledged the said
Limited Power of Attorney to be the free act and deed of said Corporation. -
AM
• �p euMu+�SStaHEifPif�L�S
Decarnlrar 17, 2012
STATE OF TEXAS
COUNTY OF DALLAS
A01"ublie
My Commission expires.:
On this mi=l- day of June, 2010, before me, a Notary Public in and for the State of Texas
appeare (witness #1 )
and (witness #2), to me personally known to be
the persons whose names are sub a as witness to the foregoing instrument of writing, and
after being duly sworn by me stated on oath that they saw Bettye Holston-Okae, Resolutions &
Closings Manager, Dallas Regional Office of the Federal Deposit Insurance Corporation, the
person who executed the foregoing instrument, subscribe the same, and that they had signed the
same as a witness at flie request of the person who executed the same,
-----�1 UotWaryv Public
'e �gj{�45HAV 41U vdN stwt4rit :� My Commission expires:
{ MY G i�att7H EXRK"' -1
Zia
Filed and Recorded
Official Public Records
John F. Warren. County Clerk
Dallas County, TEXAS
061251204 11:13:04 AM
$28.00
.Limited Power of Attorney Page 4 of 4
f=irst Citizens Bank and Trust Company, Inc, Jurle, 2010
Prepared by Darlone Wailcr, Federal Deposit Insurance Corporation, Dallas Regional Office, Lega[ Division
�� M M== M i= i M== M
REPRESENTATION/DISCLOSURE AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly. authorized by law to
administer oaths, J. Reeves Skeen, Assistant Vice President of First Citizens Bank and Trust
Company (hereinafter "Seller"), and Chris Lagerbloom, City Manager of City of Milton, Georgia
(hereinafter "Buyer") who, being first duly sworn, depose and say on oath as follows:
Buyer is the purchaser of that real property more particularly described in a Limited
Warranty Deed of even date herewith from Seller to Buyer.
As an inducement Buyer to close on the transfer of the subject property, and to any title
insurance company insuring any aspect of the subject matter transaction, and. their respective
attorneys, the undersigned represent that the only broker which has been engaged by either party
with regard to the management, sale, purchase, lease, option or other conveyance of any interest in
the subject real estate is Resource Real Estate Partners, LLC, representing Seller.
Seller and Buyer further represents that neither has received notice of any lien for services
as described herein.
Sworn to and subscribed
before me this -�_ day
of November, 2010.
� ` A
Public�Tq
{NOTARY SEA��("LAR)o
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PU
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%.w
Sworn to and subscribed
before me this — day
of November, 2010.
Notary Public
(NOT
;it
For Seller:
J. Reeves Skeen, Assistant Vice President
Pk For Buyer:
�Q104La
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�60m, tity of Milton City Manager
- , � e i � � i � i►
BUYERISELLER CERTIFICATION
Buyer: CITY OF MILTON, GEORGIA
Seller: FIRST CITIZENS BANK AND TRUST COMPANY, INC.
Settlement Agent: JARRARD & DAVIS, LLP
(678)455-7150
Place of Settlement: 13000 DEERFIELD PARKWAY, SUITE 107A
MILTON, GA 30004
Settlement Date: NOVEMBER 5. 2010
Property Location: WEBB ROADIDEERFIELD PARKWAY, MILTON, FULTON COUNTY,
GEORGIA
PORTION OF TAX PARCEL NO. 22-5430-1046-047-8
1.004 ACRES
The Buyer and Seller this date have checked, reviewed and approved the figures appearing on
the Closing Statement. Seller acknowledges payment in full of the proceeds due Seller from the
settlement.
As part of the consideration of this sale, the contract between the parties is by reference
incorporated herein and made a part hereof, with the parties noting that, except as expressly
contained on said contract, Buyer's purchase of the property described therein is cn an AS -IS,
WHERE -IS basis and WITH ALL FAULTS and that Seller's obligations to Buyer under said
contract, end upon delivery of the limited warranty deed contemplated therein, except as
expressly set forth in said contract.
I have carefully reviewed the Closing Statement and to the best of my knowledge and belief, it is
a true and accurate statement of all receipts and disbursements made on my account or by me in
this transaction. I further certify that I have received a copy of the Closing Statement.
CITY OF MILTON, GEORGIA
BY. Y
ibis Lag
Jerbloom, City Manager
WITNESS:
FIRST CITIZENS BANK AND TRUST COMPANY,
INC.
-`�
BY' �
J. Rees Skeen, Assistant Vice President
To the best of my knowledge, the Closing Statement which I have prepared is a true and accurate account of the funds
which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction,
i.
JARRARD & AVIS, LL,
Settlement Agent
SELLER CERTIFICATION
DATE: November 5 2010
Name
First Citizens Bank and Trust Company, Inc.
Address
3300 Cumberland Boulevard. Suite 300
Atlanta, Georgia 30339
Request for Taxpayers Identification
Social Security or Taxpayer I.D. number: _57-0115220
Certification — Under penalties of perjury, 1 certify that:
(1) The number shown on this form is my correct taxpayer identification number (or I
am waiting for a number to be issued to me), and
(2) 1 am not subject to backup withholding because: (a) I am exempt from backup
Withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that I am
subject to backup withholding as a result of a failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding.
11. Section 1445 Certification
1. Section 1445 of the Internal Revenue provides that a Purchaser of a U.S. real
Property interest must withhold tax if the Seller is a foreign person. To inform the
Purchaser that withholding of tax is not required upon this disposition of a U.S. real
property interest. The undersigned Seiler hereby certifies the following
a. Seiler is not a nonresident alien for purposes of U.S. income taxation.
2. This certification may be disclosed to the Internal Revenue Service by Purchaser
and that any false statement made herein could be punishable by fine, imprisonment or
both.
3. Under penalties of perjury Seller declare that Seller has examined this
Certification and to the best of Seller's knowledge and belief it is true, correct and
complete.
Ill. Affidavit of Georgia Residency: (0.C.G.A. Section 48-7-128)
Seller(s) are exempt from withholding on the sale of this property because:
First Citizens Rank and Trust Company, Inc.
Seller is resident of Georgia.
Seller is not a resident of Georgia, but is deemed a resident for purposes of withholding by virtue of
the following:
Seller is a nonresident who has filed Georgia tax returns for the
preceding two years; and
s, Seller is an established business in Georgia and will continue and will continue
substantially the same business in Georgia after the sale OR the seller has real
property in the State at the time of closing of equal or greater value that the
withholding tax liability as measured by the 100% property tax assessment of
such remaining property; and
Seller will report the sale on a Georgia Income Tax return for the current year and
file by its due date; and
If seller is a corporation or limited partnership, seller is registered to do business in
Georgia. Under penalty of perjury, I swear that the above certification and to the
best of my knowledge and belief, true, correct, and complete.
_ Seller's personal residence.
J. Reeves keen, Assistant Vice President�Q,*, i
N fury Publidj
My commission expires
UB!` .a
SELLER'S AFFIDAVIT
GEORGIA, F'ULTON COUNTY
PERSONALLY appeared before the undersigned Notary Public, J. Reeves Sheen
("Deponent"), Assistant Vice President of First Citizens Bank and Trust Company (hereinafter
"Seller"), who being first duly sworn, deposes and says on oath as follows:
That he knows the facts contained herein to his actual knowledge but has made no diligence
or inquiry to confirm any of said facts and is duly authorized and is qualified to make this Affidavit,
and makes this Affidavit for the purpose of inducing City of Milton, Georgia (hereinafter
"Purchaser") to purchase from Seller the hereinafter described property and for the further purpose
of inducing a title insurance company of Purchaser's choice to issue a policy or policies of title
insurance on said property in favor of the Purchaser.
2.
To Deponent's actual knowledge, Seller is the owner of the marketable fee simple title to
real property (the "Property") located in Fulton County, Georgia, which property is more
particularly described in Exhibit "A" attached hereto. Deponent avers that to his actual knowledge
said Property is free of all liens and encumbrances other than those specifically set forth in
Deponent's Exhibit "B" attached hereto.
3
To Deponent's actual knowledge, Seller has not contracted for, has not allowed, and is not
aware of any improvements or new construction on said Property nor any contracts entered into
within ninety five (95) days for labor, materials or services with respect to improvements or new
construction which would be the basis of a lien against said Property under Georgia law, including
architect's fees, any such improvements or new construction having been paid for in full at the
agreed price, including payment for any appliances or fixtures that are located upon said Property.
4.
Deponent further states to his actual knowledge that there are no outstanding or unpaid
notes, security instruments or financing statements covering appliances or fixtures located upon or
affixed to said Property.
5.
Deponent further states that, to his actual knowledge, there are no outstanding or unpaid
judgments, executions, alimony decrees, bankruptcy or other insolvency proceedings against Seller
anywhere in the United States nor, any tax assessments or liens of any kind other than current year
taxes against said Property and those items specifically set forth in Exhibit "B".
Deponent fixrther states that, to his actual knowledge, the lines and corners of said Property
are clearly marked and there are no disputes concerning the location of the lines and corners of the
subject Property. To Deponent's actual knowledge, all improvements on said Property are located
within the boundaries of said Property and are not in violation of any applicable zoning regulations,
covenants or restrictions,
7.
Deponent further states that, to his actual knowledge, except for rights arising pursuant to
any matters set forth on Exhibit B, there are presently no persons or entities which have a
possessory right to said Property, or are in actual possession, other than Seller.
8.
Deponent further states that to his actual knowledge, Seller is not surety on any bond that
through default of the principal therein a lien would be created on said Property.
9.
Seller will deliver possession of said Property to Purchaser no later than day of closing.
Sworn to and subscribed
before me this day
of November, 2014.
No4 Public
(NOTARY SEAL)
J
Skeen
t. SE ".
s
(SEAL)
Exhibit A
All that tract or parcel of land lying and being in Land. Lot 1446 in the 2nd Section,
2nd Land District of Fulton County, Georgia, and being more particularly described
as follows:
BEGINNING at the northernmost point formed by the mitered intersection of the
southern right of way line of Webb Road and the southwestern right of way line of
Deerfield Parkway (having a variable right of way); thence leaving the southern right of
way line of Webb Road, run southeasterly along the mitered intersection of the
southwestern right of way line of Deerfield Parkway, south 37 degrees 54 minutes 52
seconds east 112.64 feet to a point located on the western right of way line of Deerfield
Parkway; thence leaving the aforesaid mitered intersection, run along the western and
northwestern right of way lines of Deerfield Parkway the following four (4) courses and
distances and following the curvature thereof: (1) south 06 degrees 42 minutes 26 seconds
west a distance of 39.44 feet to a point; (2) south 12 degrees 22 minutes 16 seconds west
a distance of 93.45 feet to a point; (3) south 19 degrees .16 minutes 43 seconds west a
distance of 93.45 feet to a point; (4) south 30 degrees 01 minutes 46 seconds west a
distance of 12.42 feet to a point; thence leaving the said western and northwestern right of
way lines of Deerfield parkway run thence north 31 degrees 54 minutes 26 seconds west a
distance of 388.85 feet to a point on the southern right of way line of Webb Road; thence
run along the southern right of way line of Webb Road and following the curvature
thereof along the are of a 5,730.75 foot radius curve to the right having an arc distance of
198.37 feet (said are subtended by a chord lying to the south thereof bearing south 86
degrees 34 minutes 55 seconds east) a distance of 198.36 feet to a point at the mitered
intersection of the southern right of way of Webb Road and the southwestern right of way
of Deerfield Parkway, said point being the TRUE POINT OF BEGINNING.
The above-described property is designated as Tract 3, containing 1.004 acres (43,749
square feet), more or less, and is shown on and described according to the certain
ALTAIACSM Survey prepared for Deerfield Park, LLC and William B. Orkin by
Frontline Surveying and Mapping, Inc. (Thomas Edward Peay, Jr., Georgia Registered
Land Surveyor No. 2402), dated July 20, 1998, last revised January 29, 1999, which
survey is incorporated herein by the reference and made a part of this description.
3
L'xhibit B
1. All taxes for the years subsequent to 2010 as
well as past taxes coming due in the future due to unapproved tax digests.
2. All matters which would be disclosed by a
current and accurate survey and careful visual inspection of the property.
3
4.
property.
5.
of record.
Riparian rights, if any, affecting the property.
All zoning laws and ordinances affecting the
Street and sanitary liens not properly placed
6. Title to that portion of the property within the
bounds of any public road.
7. Pay as you enter water and sewer lines which will be payable upon
connection.
8. Reservations and agreements as contained in Limited Warranty Deed from
William B. Orkin to Deerfield Park, LLC dated September 4, 1998 filed
September 8,1998 in Deed Book 25097, page 4.
9. Master Declaration of Protective Covenants and Owner's Association for Deerfield
dated January 10, 1997 filed January 13, 1997 in Deed Book 22035, page 183, as
amended.
10. Reciprocal Easement Agreement between Deerfield Park, LLC and Bright Horizons
Children's Centers, Inc. dated September 4, 1998 filed September 8, 1998 in Deed
Book 25097, page 67.
11. Sanitary Sewer Easement Agreement between Highwoods Realty Limited
Partnership and Deerfield Park, LLC dated March 31, 1999 filed April 8, 1999 in
Deed Book 26400, page 2.
12. Flood Plain Indemnification Agreement with Fulton County filed December 20,
1999 in Deed Book 28205, page 250.
4
13_ Permit for Anchors, Guy Poles and Wires to Georgia Power Company filed
November 12, 1996 in Deed Book 21762, page 19.
14. Right of Way Deed to Fulton County dated duly 11, 1974 in Deed Book 6116, page
489.
15. Right of Way Easements to Sawnee Electric Membership Corporation:
a. Dated February 29, 1960 in Deed Book 3549, page 689;
b. Dated August 30, 1961 in Deed Book 3767, page 561;
c. Dated February 5, 1965 in Deed Book 4380, page 293;
d. Dated May 12, 1969 in Deed Book 5070, page 216.
16. Agreements as contained in Limited Warranty Deed from Deerfield Park, LLC to
Reunion Park, LLC dated September 9, 2004 and recorded in Deed Book 38393,
page 60.
5
A" 2 a a =� Z a = =
Purchaser's Name: City of Milton, Georgia
Closing Date: November 5, 2010
AFFIDAVIT nF ENEMPTION FROM WITHHOLDING
First Citizens Bank and Trust Compan_Y, Inc.
SS or Fed ID # 57-0 1 15220
3300 Cumberland Baulevar Suite 300
Atlanta Geax is 30339
Street Address r gain on the ,
1f seller is not exempt, 3% of the sales pr
llers are ey-emptonly if the
ice 0
criteria outlined below. Seller is not required t withhold f this affidavit withheld.sfer must be el
t is submitted to the Department of Revenue in Lieu at the
withholding tax return. (INITIAL WHERE APPLICABLE)
I RESIDENCE EXEMPTION: because:
Seller is exempt from withholding on the sale of property
(INITIAL WHERE APPLICABLE)
Seller is a resident of Georgia
Seller is a non resident of Georgia, but is deemed a resident for proposes of withholding by virtue of the following. ' y
(ALL MUST APPLY) ,-_ s `0
Seller is a non resident who has filed Georgia Tax Returns for the preceding two years; and
Seller t e established al property
to nGeorgia at hand e of closing ocontinue fequalally the same business in Georgia after the or greater value than thew withholding tax liability a
sale of the seller has real p p rty
measured by the 100% property tax assessment of such remaining property
and
Seller will report the sale on a Georgia Income Tax return for the current year and file by its due date; and
if selter is a corporation or limited partnership, Seller is registered to do Business in Georgia.
2, OTHER QUALIFYING EXEMPTION:
This is to certify that the seller of this property is not a resident of Georgia, but is exempt from the withholding provisions of
O.C.G.A. 48-7-128 by virtue of the following:
The property being sold is the seller's principal residence.
mortgaged property to a mortgagee in foreclosure or in a transfer of lieu
The seller is a mortgagor conveying the
of foreclosure with no additional consideration.
The seller is an agency or authority of the U.S.A.
The seller is the Federal National Mortgage Association.
The seller is the Governmental National Mortgage Association.
The seller is a private mortgage insurance company.
The purchase price of the property is less than $20.00
The seller is subject to withholding under O.C.G.A. 48-7-i29, and a composite return has been filed on the seller's
behalf.
3, AFFIDAVIT OF SELLER'S GAIN (IF NOT EXEMPT)
UNDER PENALTY OF PERJURY, I SWEAR THAT THE ABOVE INFORMATION IS, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, TRtFErCORRECT, AND COQ iLiTE
Y TA%��i� First Citizens Sank a Trust Co any, Inc.
�p i
Witness s
'Ved I j. Reeves een, Assistant Vice President
Sworn and subscribed before me
This tt' da of Novep�ler, 2010.
manna �M= mmmm��
Fidelity National Title Insurance Company
POLICY NO.: GA2917-10-30.G 1050-2011.2730610-82531975
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
,Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the
address shown in Section 78 of the Conditions.
COVERED RISKS
SUBJECT TO THE ExcL uSIONS FROM CO VERA GE, THE E,YCEPTIONS FROM COVERA CONTAINED IN SCHEDULE B. AND THE CONDITIONS,
FIDF_LITYNATION4L TITLE INSURANCE COMPANY, a California corporation (the "Company') insures, as of bate of Policy and, to the extent stated in
Covered .Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of.
Title being rested other than as stated in Schedule A.
?. .An1v defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue injiuence, duress, incompetency, incapacity, or impersonation,,
(ri) faihn e of any person or Entity to have authorized a transfer or conveyance;
(it) a document affecting Title not properly created, executed, witnessed seated, acknowledged, notarized, or delivered;
(rv) failure to perform those acts Necessary to create a document by electronic means authorized by law;
(v) a document executed under a folsifted, expired, or otherwise invalid power ofattorney;
(v+) a document not properly fled, recorded, or indexed in the Public Records including failure to perform those acts by electronic gleans authorized by lcnv; or
(vii} a defective judicial or administrative proceeding.
(b) The lien of real estate tares or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) ARV encroachment, encumbrance, violation, variation, or adverse circumstance ajfectingthe Title that would be disclosed by an accurate and complete landsio I o
the Land. The term "encroachment " includes encroachments ofexisting improvements located on the Land onto adjoining land, and encroachments onto the Land o
existing improvements located on adjoining land
I Unmarketable Title,
A. No right of access to andfrom om the Land
5. The wolatron or enforcement of annv Imp, w-dinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating
prohibiting, or relating to
(a) the occupancy, use, or enjownenr orthe Land.-
(b)
and;(b) the character, dimensions, or location of any in+pr•oven+ent erected on the Land;
(c) the subdivision afland, or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, brit only to the extent cf the violation c
enforcement referred to in that notice.
b. An enforcement action based on the exercise ofa governmental police power not covered by Covered Risk 5 ifa notice ofthe enforcement action, describing any part o jrlr
Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of rhe exercise, describing any part of the Land, is recorded in the Public Records,
S. Anv taking by a governmental body that has occurred and is binding on the rights ofa purchaserfor value without Knowledge.
9. Trtle being vested other than as stated Schedule .A or being defective
(aj as a r•esuk of the avoidance in iuhole or in parr, orfrortr a co urt order providing an alternative remedy, ofa transfer ofall or• any part of rhe title to or any interest r
the Land occurring prior to the transaction vesting Title as shown in Schedale A because that prior transfer constituted afrandulent or preferential tronsfer undt
federal bankruptcy, state insolvency, or similar credaors'rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, stale insolvency, or similr
creditors' rights laws by reason of the farlur•e of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to o purchaserfor value or to a judgment or lien creditor.
10. Anv defect in or lien or encumbrance an the Title or other matter included in Covered Risks l through 9 that has been created or attached at- has been filed or recorded
the Public Records subsequent to Dare of Policy and prior to the recording oJ'the deed or other instrument of transfer in the Public Records that vests Title as .shown
Schedule A.
The Company will also pay the coals, attorneys' fees, and expenses incurred in defense ofanv matter insured against by this Pol ic:v, but only to the extent providf
in the Conditions.
IN WITNESS WJIEREOF; FI ELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized off icer
F [DE I.l'rY N.Vll(:1NAL'i rmE. iN5( R.kNCE COMPANY
Cauntersignad:
Authorized Sig tory r
Spencer Ga y1.--
GA2917 30.G1050
Atlanta Land 'Title Services, Inc.
8302 Dunwoody P! Ste 355 G
Atlanta, GA 30350
Tel:(770) 998-1997
Fax:{770) 998-1967
?730610(6106)
ALTA Owner's Policy with Georgia Modifications (6117AX
M i � i M � � i � � � '_ ' +
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' lees, or expenses that arise by reasoner--
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location ofany improvement erected on the Land;
(iii) the subdivision of ]and; or
(iv) environmental protection;
or the effect of any violation ofthese laws, ordinances, or govemmental regulations. This Exclusion i (a) does not modify or limit the coverage provided under Covered Risk
(b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain• This Exclusion does not mod ily or limit the coverage provided under Covered Risk 7 or S.
Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suttered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the
Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10): or
(e) resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title.
Any claim, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed
or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean
(a) "Amount of Insurance The amount stated in Schedule A, as may be increased
or decreased by endorsement to this policy, increased by Section 8(b), or decreased by
Sections 10 and 11 of these Conditions.
(b) "Date of Policy". The date designated as 'Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other
similar legal entity.
(d) "insured". The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(IB) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of
actual valuable consideration conveying the Title .
(1) if the stack, shares, memberships, or other equity interests of the
grantee are who]ly-owned by the named Insured,
(2) ifthe grantee whol ly owns the named Insured,
(3) ifthe grantee is wholly-owned byan affiliated Entity ofthe named
Insured, provided the affiliated Entity and the named Insured are both wholly-owned by
the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a
written instrument established by the Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and
defenses as to any successor that the Company would have had against any predecessor
Ensured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known", Actual knowledge, not constructive knowledge or
notice that may be imputed to an Insured by reason of the Pubic Records or any other
records that impart constructive notice oFmatters affecting the Title.
(g) "Land". The land described in Schedule A, and affixed improvements that by
law constitute real property. The term"Land" does not include any property beyond the
lines of the area described in Schedule A, nor any right, title, interest, estate, or easement
in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not
modify or limit the extent that a right of access to and from the land is insured by this
pol icy.
(h) "Mortgage Mortgage, deed of -trust, trust deed, or other security instrument,
ineIudtrig one evidenced by electronic means authorized by law•
(i) "Public Records Records establ is bed understate statutes at Date of Policy for
the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without Knowledge. With respect to Covered Risk 5(d),
"Publ is Records" shall also ineiude environmental protection liens filed in the records of
the clerk of the United States District Court for the district where the Land is located.
The estate or interest described in Schedule A.
(k) "Unmarketable Title': Title affected by an alleged or apparent malter that would
permit a prospective purchaser or lessee of the Title or lender on the Title to be released
from the obligation to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of
an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an obligation secured by a purchase money Mortgage given by a purchaser from
the Insured, or only so long as the Insured shall have liability by reason of warranties in
any transfer or conveyance of the Tifie- This policy shall not continue in force in favor
of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 5(a) of these Conditions, (it) in rase Knowledge shall
come to an Insured hereunder ofany claun of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by
virtue ofthis policy, or (iii) ifthe Title, as insured, is rejected as Unmarketable Title, If
the Company is prejudiced by the failure of the Insured Claimant to provide prompt
notice, the Company's ] iabiIity to the Insured Claimant under the pol icy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the
Company may, at its option, require as a condition of payment that the Insured Claimant
Furnish a signed proof of loss. The proof of loss must describe the detect, lien,
encumbrance, or other matter insured against by this policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in
Section 7 ofthese Conditions, the Company, at its own cost and without unreasonable
delay, shall provide for the defense of an Insured in litigation in which any third party
asserts a el aim covered by this policy adverse to the Insured. This obligation is limited to
only those stated causes of action alleging matters insured against by this pol icy. The
Company shall have the right to select counsel of its choice (subject to the right of the
Insured to oh ject for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be Iiable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by the Insured in the defense
of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in
Section 7 of these Conditions, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desirable to
establ ish the Title, as insured, or to prevent or reduce loss or damage to the Insured. 'rhe
Company may take any appropriate acti on under the terns of this policy, whether or not
it shall be liable to the Insured, The exercise of these rights shall not be an admission of
2730610 (6106) ALTA Owner's Policy with CrevrSia Modifications (6117/06)
liability or waiver of any provision of this policy. if the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or
permitted by this policy, the Company may pursue the litigation to a final determination
by a court of competent jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense ofany action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the Company's expense,
shall give the Company all reasonab le a id (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action at proceeding, or effecting settlement, and (ii) ill
any other Iawful act that in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company is prejudiced by the
failure of the Insured to fumish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to the matter or matters
requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company and to
produce for examination, inspection, and copying, at such reasonable times and places
as may be designated by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or damage. Further, if
requested by any authorized representat ive of tile Company, the Insured Claimant shall
grant its permission, in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or control ofa third parry
that reasonably pertain to the loss ordainage. Ail information designated as confidential
by the Insured Claimant provided to the Company pursuant to this Section shall not be
d iscIosed to others unless, in the reasonable judgment of the Company, it is necessary in
the administration of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from third parties as required in
this subsection, unless prohibited by laworgovemmental regulation, shalt terminate any
IiabiIity of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OT)IFRWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or "Fender Payment of the Amount ❑I' [nsurance.
To pay or tender payment of the Amount of Insurance under this policy together
with any costs, attorneys' fees, and expenses incurred by the I nsured Claimant that were
authorized by the Company up to the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exereise by the Company ofthis option, all liability and obligations of the
Company to the Insured under this policy, other than to make the payment required in
this subsection, shall terminate, including any Liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the
Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an
Insured Claimant any claim insured againsttinder thia policy. In addition, the Company
will pay any costs, attorneys' fees. and expenses incurred by the insured Claimant that
were authorized by the Company up to the time of payment and that the Company is
obligated to pay: or
(ii) To pay or otherwise settle with the Insured Claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees, and expenses
Incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or(ii), the Company's obligations to the Insured under this pol icy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation.
S. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy_
(a) The extent of liability ofthe Company for loss or damage under this policy shall
not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the val ue of the Title as insured and the value of the
Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shalt be increased by 10%, and
(ii) the insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured Claimant or as of the
date it is settled and paid.
(c) In addition to the extent of liabil ity under (a) and (b), the Company will also pay
those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7
of these Conditions.
9. LIMITATION OF LIABILITY
(a) if the Company establishes the Title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the Land, or cures the
claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it shall have fully
performed its obligations with respectto that matter and shall not be liable far any loss
or damage caused to the Insured.
(b) In the event ofany litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability For loss or damage until there
has been a final determination by acourt ofcompetentjurisdiction, and dispositian of all
appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability
voluntarily assumed by the Insured in settling any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made forcosts, attorneys' fees, and
expenses, shall reduce the Amount of Insurance by the amount of the payment.
I1. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under
any policy insuring a Mortgage to which exception is taken in Schedule B or to which
the Insured has agreed, assumed, or taken subject, or which is executed by an Insured
atter Date of Policy and which is a cbar ge or lien on the Title, and the amount so paid
shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid aclaim under this policy, it
shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all
other rights and remedies in respect to the claim that the Insured Claimant has against
any person or property, to the extent of the amount of any loss, costs, attomeys' fees,
and expenses paid by the Company. [f requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the Company of these rights and
remedies. The Insured CIaimantshalI perm i I. the Company to sue, compromise, or settle
in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured
Claimant, the Company shall defer the exercise of its right to recover until after the
Insured Claimant all a]I have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policiesofinsurance, orbonds, notwithstanding any terms
or conditions contained in those instruments that address subrogation rights.
14_ THIS SECTION INTENTIONALLY DELETED.
15. LLABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT'
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract bcv.veen the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any
action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by Schedule A of this
policy.
(d) Each endorsement to this policy issued at anytime is made apartofthis policy
and is subject to all of its terms and provisions_ Except as the endorsement expressly
states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance.
2730610 (5106) ALTA Owner's Policy with Georgia Modifications (6t 17106)
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full
[force and eiTect,
17, CHOICE OF LAW; FORUM
(a) Choice of Law; The Insured acknowledges the Company has underwritten the
risks covered by this policy and determined the premium charged therefor in reliance
upon the law afiecting interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the jurisdiction where
the Land is located.
Therefore, the court gran arbitrator shall apply the law ofthejurisdiction where the
Land is located to detennine Ilio validity of clairns against the Title that are adverse to
2730610(6/06)
the Insured and to interpret and en farce the terms o£this policy, In neither case shall the
court or arbitrator apply its con fl. icis of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
against the Company must be filed only in a state or federal court within the United
States ofAmerica or its territories having appropriatejurisdiction.
18, NOTICES, WHERE, SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at Fidelity
National Title Insurance Company, Attn: Claims Department, P. D. Box 45023,
Jacksonville, Florida 32232-5023.
ALTA Owner's Policy with Georgia Modifications (6117106)
snow ■ ow ■r■�I w ti■ir� lrlrrri W tww� r
Fidelity National Title
insurance Company
SCHEDULE A
Policy No.: GA2917-10-30.61050-2011.2730610-82531975
File No.: 30.G1050
Address reference: Deerfield Parkway and Webb Road, Milton,
Fulton County, Georgia
Amount of Insurance: $160,000.00
Premium: $500.00
Date of Policy: December 13, 2010 at 7:36 a.m
1. Name of Insured:
City of Milton, an instrumentality of the State of Georgia
2. The estate or interest in the Land that is insured by this policy is Fee Simple, under and by virtue of by
Limited Warranty Deed from First Citizens Bank and Trust Company, Inc. to Forsyth County, Georgia
recorded in Deed Book 49653, page 386, Fulton County, Georgia records.
3. Title is vested in:
City of Milton, an instrumentality of the State of Georgia
4. The Land referred to in this policy is described as follows:
SEE EXHIBIT "A'' ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY TF SCHEDULE 5 IS ATTACHED
1
ALTA Owner's Policy (6/17106)
1icy GA 1D -F; 105 1217717 Q-8To7 It75
File No.: MG1050
Fidelity National Title
Insurance Company
1iT
LEGAL DESCRIPTION
Exhibit A
All that tract or parcel of land lying and being in Land Lot 1046 in the 2nd Section,
2nd Land District of Fulton County, Georgia, and being more particularly described
as follows -
BEGINNING at the northernmost point formed by the mitered intersection of the southern
right of way line of Webb Road and the southwestern right of way line of Deerfield
Parkway (having a variable right of way); thence leaving the southern right of way line of
Webb Road, run southeasterly along the mitered intersection of the southwestern right of
way line of Deerfield Parkway, south 37 degrees 54 minutes 52 seconds east 112.64 feet
to a point located on the western right of way line of Deerfield Parkway; thence leaving
the aforesaid mitered intersection, run along the western and northwestern right of way
lines of Deerfield Parkway the following four (4) courses and distances and following the
curvature thereof: (1) south 06 degrees 42 minutes 26 seconds west a distance of 39.44
feet to a point; (2) south 12 degrees 22 minutes 16 seconds west a distance of 93.45 feet
to a point; (3) south 19 degrees 16 minutes 43 seconds west a distance of 93.45 feet to a
point; (4) south 30 degrees 01 minutes 46 seconds west a distance of 12.42 feet to a
point; thence leaving the said western and northwestern right of way lines of Deerfield
parkway run thence north 31 degrees 54 minutes 26 seconds west a distance of 388.85
feet to a point on the southern right of way line of Webb Road; thence run along the
southern right of way line of Webb Road and following the curvature thereof along the arc
of a 5,730.75 foot radius curve to the right having an arc distance of 198.37 feet (said arc
subtended by a chord lying to the south thereof bearing south 86 degrees 34 minutes 55
seconds east) a distance of 198.36 feet to a point at the mitered intersection of the
southern right of way of Webb Road and the southwestern right of way of Deerfield
Parkway, said point being the TRUE POINT OF BEGINNING.
The above-described property is designated as Tract 3, containing 1.004 acres (43,749
square feet), more or less, and is shown on and described according to the certain
ALTAIACSM Survey prepared for Deerfield Park, LLC and William S. Orkin by Frontline
Surveying and Mapping, Inc. (Thomas Edward Peay, Jr., Georgia Registered Land
Surveyor No. 2402), dated July 20, 1998, last revised January 29, 1999, which survey is
incorporated herein by the reference and made a part of this description.
ALTA owner's Policy (6117106)
'i � � i■�i i� �� �■ b�icy�rri Gw'�".�-�o��o�-i.z�'':�o-a-r5��►
File No.: 30.G1050
Fidelity National Title
Insurance Company
ria a v
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
1. Taxes for 2011 and subsequent years, not yet due and payable.
2. Reservations and agreements as contained in Limited Warranty Deed from William B. Orkin to
Deerfield Park, LLC dated September 4, 1998 filed September 8,1998 in Deed Book 25097,
page 4-
3. Master Declaration of Protective Covenants and Owner's Association for Deerfield dated January
10, 1997 filed January 13, 1997 in Deed Book 22035, page 183, as amended.
4. Reciprocal Easement Agreement between Deerfield Park, LLC and Bright Horizons Children's
Centers, Inc. dated September 4, 1998 filed September 8, 1998 in Deed Book 25097, page 67.
5- Sanitary Sewer Easement Agreement between Highwoods Realty Limited Partnership and
Deerfield Park, LLC. dated March 31, 1999 filed April 8, 1999 in Deed Book 26400, page 2.
6. Flood Plain Indemnification Agreement with Fulton County filed December 20, 1999 in Deed
Book 28205, page 250.
7. Permit for Anchors, Guy Poles and Wires to Georgia Power Company filed November 12,
1996 in Deed Book 21762, page 19.
8. Right of Way Deed to Fulton County dated July 11, 1974 in Deed Book 6116; page 489.
9. Right of Way Easements to Sawnee Electric Membership Corporation:
a. Dated February 29, 1960 in Deed Book 3549, page 689;
b. Dated August 30, 1961 in Deed Book 3767, page 561;
c. Dated February 5, 1965 in Deed Book 4380, page 293;
d. Dated May 12, 1969 in Deed Book 5070, page 216.
10. Agreements as contained in Limited Warranty Deed from Deerfield Park, LLC to Reunion
Park, LLC dated September 9, 2004 and recorded in Deed Book 38393, page 60.
11. All matters as depicted on that plat of survey for City of Milton, by Frontline Surveying & Mapping,
Inc., dated October 25, 2010, under seal of Thomas Edward Peay, Jr., GRLS No. 2402.
12- No insurance is provided with respect to amount of acreage.
NOTE: The laws of the State of Georgia prohibit insurers from unfairly discriminating against any person
based upon his or her status as a victim of family violence.
ALTA Owner's Policy (6117106)
cÜÉvÄtÅtà|ÉÇ
ARBOR DAY
WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees; and
Whereas, This holiday called Arbor day, was first observed with the planting of more than a
million trees in Nebraska; and
Whereas, Arbor Day is now observed throughout the nation and the world; and
Whereas, the Tree City USA program sponsored by the National Arbor Day Foundation,
provides direction, technical assistance, public attention, and national recognition
for urban and community forestry programs in thousands of towns and cities that
more than 93 million Americans call home; and
Whereas, The City of Milton has been recognized as a Tree City in 2010; and
Whereas, trees are among Milton’s most beautiful natural resources and bestow fine
opportunities for aesthetic appreciation and are indispensible to our ecology as
providers of wildlife habitat, erosion control, air filters, moderators of temperature
and noise inhibitors; and
Whereas, as citizens of Milton, we enjoy the beauty and benefits of our natural environment
which increases property values, enhances the economic vitality of business areas;
and
Whereas, it is the responsibility of each of us to safeguard the environment and make choices
athat have a positive impact on our environment and the world in which we live; nd
Whereas, the City of Milton and our citizens are committed to the observation and
stewardship of our natural resources; and
Now, Therefore, we, the mayor and council of the City of Milton hereby recognize and proclaim the
third Saturday in March as Milton Arbor Day and urge all citizens to support efforts to protect our
trees and our environment and make Milton an even greater place to live, work, and raise a family,
and Further, we urge all citizens to plant trees to gladden the heart and promote the well‐being of
this and future generation.
Given under my hand and Seal of the City of Milton, Georgia on this 7th day of March, 2011.
_________________________
Seal) Joe Lockwood, Mayor
(
___________
City of Milton
13000 Deerfield Parkway, Suite 107F Milton, GA 30004
To: Honorable Mayor and City Council
From: Robyn MacDonald, Community Development
Date: February 22, 2011
Agenda Item: RZ11-01 - To adopt the corrected City of Milton Zoning Map as
indicated on the Geographical Information System (GIS) including all zoning
actions prior to January 1, 2011 as shown on “Current Zoning Map Dated
January 2011”.
CMO (City Manager’s Office) Recommendation:
To approve the corrected City of Milton Zoning Map which includes all zoning actions prior to
January 1, 2011.
Background:
It is prudent and necessary to adopt zoning maps by reference. In addition, to effectively adopt
the Zoning Map by reference the document must be sufficiently identified, be made a public
record, be accessible to members of the public affected by it, and the adopting ordinance must
give notice of accessibility.
Discussion:
It is the Community Development Department’s responsibility to maintain both the zoning
ordinance and zoning maps (Sec 64-392 of the Zoning Ordinance) for the City of Milton. In
addition, at the beginning of each calendar year, Staff will check that all zonings from the prior
year are correctly reflected on the map. By certifying the zoning map, any potential litigation as it
pertains to the zoning map, should not have any basis.
Staff notes that there have been no zoning actions in 2011 that would change the zoning map
included in the ordinance. The attached Zoning Map along with an adopting Ordinance is
included for your review.
Alternatives:
There are no recommended alternatives to this ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
STATE OF GEORGIA ORDINANCE# _____
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE CORRECTED CITY OF MILTON CURRENT ZONING
MAP DATED JANUARY 2011
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on March 21, 2011 at 6 p.m. as follows:
SECTION 1. The City of Milton, Georgia is hereby divided into zones or districts
consistent with those zones or districts as shown on the “Current Zoning Map of the City of
Milton,” dated January 2011. Together with all explanatory matter thereon, is hereby adopted
by reference as a part of the City of Milton Zoning Ordinance;
SECTION 2. This is to certify that the zoning map referred to in the City of Milton Zoning
Ordinance, Section 64-392, as adopted on March 21, 2011 is amended through this date;
SECTION 3. This Ordinance is effective March 21, 2011and;
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 21st day of March, 2011.
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
Page is too large to OCR.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: March 7, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to J & D Murphy
Enterprises, Inc d/b/a Bottles and Corks
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to J & D Murphy Enterprises, Inc d/b/a
Bottles and Corks for package retail of wine, malt beverages and distilled spirits.
Background:
City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: J & D Murphy Enterprises, Inc d/b/a Bottles and Corks
Contact Name: James Murphy
Business Address: 12990 Highway 9 Ste 118, Milton, GA 30004
Type of License to be Issued: Package Retail – Wine, Malt Beverages & Distilled Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: March 7, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to LAK Murphy
Enterprises, Inc d/b/a The Tasting Room
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to LAK Murphy Enterprises, Inc d/b/a
The Tasting Room for consumption on premises of wine, malt beverages and distilled spirits.
Background:
City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: LAK Murphy Enterprises, Inc d/b/a The Tasting Room
Contact Name: Darla J. Murphy
Business Address: 12990 Highway 9 Ste 116, Milton, GA 30004
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages & Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: March 7, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Zola, Inc d/b/a Zola
Italian Bistro
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to Zola, Inc d/b/a Zola Italian Bistro for
consumption on premises of wine, malt beverages and distilled spirits.
Background:
City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Zola Italian Bistro is moving to a new location. The ordinance allows for a transfer of location
without requiring the applicant to pay all of the fees associated with obtaining a new license as
long as the current license is still active. However, the applicant is required to submit a survey of
the new location and is subject to a public hearing.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Zola, Inc d/b/a Zola Italian Bistro
Contact Name: Adriano Baldelli
Business Address: 2955 Bethany Bend, Stes 300 & 400, Milton, GA 30004
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages & Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: March 7, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Premier Brands
#215, LLC d/b/a Dickey’s Barbeque Pit #215
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to Premier Brands #215, LLC d/b/a
Dickey’s Barbeque Pit #215 for consumption on premises of malt beverages.
Background:
City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Premier Brands #215, LLC d/b/a Dickey’s Barbeque Pit #215
Contact Name: Wayne Langston
Business Address: 13075 Highway 9, Ste 120, Milton, GA 30004
Type of License to be Issued: Consumption on Premises – Malt Beverages
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
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