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Home My WebLink About10-15-2012-PacketPage 1 of 4 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. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, October 15, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Dr. Ollie Wagner, Pastor at Alpharetta Presbyterian Church. 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. 12-261) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the September 17, 2012 Regular Council Meeting Minutes. (Agenda Item No. 12-262) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 15, 2012 Page 2 of 4 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. 2. Approval of the October 1, 2012 Regular Council Meeting Minutes. (Agenda Item No. 12-263) (Sudie Gordon, City Clerk) 3. Approval of the Acquisition of 2,992.54 SF of Right of Way, and 3,901.46 SF of Permanent Construction and Maintenance Easement at 12650 Arnold Mill Road from Varnell T. Rucker for a Total Combined Purchase Price of $38,500. (Agenda Item No. 12-264) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of 5,568.43 SF of Right of Way, 475.00 SF of Permanent Construction and Maintenance Easement, and 9,888.44 SF of Temporary Construction Easement at 12690 Arnold Mill Road from Varnell T. Rucker et al for a Total Combined Purchase Price of $38,300. (Agenda Item No. 12-265) (Carter Lucas, Public Works Director) 5. Approval of the Acquisition of 9,774.90 SF of Right of Way, and 6,427.77 SF of Permanent Construction and Maintenance Easement at 12625 Arnold Mill Road from City of Milton for a Purchase Price of $34,300. (Agenda Item No. 12-266) (Carter Lucas, Public Works Director) 6. Approval of a Resolution Ratifying Closing Documents for and the City’s Acquisition of Real Estate Relative to all that Tract of Land being Known as Fulton County Tax Parcels No. 22-5040-0535-017-3 and 22-4880-0534-020-4 and 22-5040-0535-034-8, Collectively Containing a Total of 7.06 Acres, more or less, from Michael and Sheryl Bell (Wilson) for the Purchase Price of $517,500. (Agenda Item No. 12-267) (Chris Lagerbloom, City Manager) 7. Approval of a Resolution Ratifying Closing Documents for and the City’s Acquisition of Real Estate Relative to Fulton County Tax Parcel No. 22-5040-0535-0298-8 Containing a Total of 3.04 Acres, more or less, from Larry and Susan T. Hopkins for the Purchase Price of $425,000. (Agenda Item No. 12-268) (Chris Lagerbloom, City Manager) 8. Approval of a Lease Contract between the City of Milton, Georgia and Larry Hopkins and Susan T. Hopkins for a Residence Located at 15260 Bell Park Drive, Milton, Georgia 30009 for a Term of Six (6) Months. (Agenda Item No. 12-269) (Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 15, 2012 Page 3 of 4 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. Approval of a Lease Contract between the City of Milton, Georgia and Doug Smith for a Residence located at 15315 Thompson Road, Milton, Georgia 30004 for a Term of Three (3) Months. (Agenda Item No. 12-270) (Chris Lagerbloom, City Manager) 6) REPORTS AND PRESENTATIONS 1. Presentation of Certificates of Recognition to Captain John Cunningman, FAO Fred Barnes and Firefighter Paramedic Walker Mann for Outstanding Performance. (Robert Edgar, Fire Chief) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Approval of the Issuance of an Alcohol Beverage License to I Love N.Y. Pizza & Attila’s Grill located at 980 Birmingham Road, Suite 200, Milton, Georgia 30004. The Applicant is Anar Gafarzada – Consumption on Premises Wine and Malt Beverages. (Agenda Item No. 12-271) (Stacey Inglis, Finance Director) 2. Consideration of the Approval of the Issuance of an Alcohol Beverage License to Mr. Jing Inc. d/b/a Ru Sans located at 13085 Highway 9, Suite 440, Milton, Georgia 30004. The Applicant is Jing Bo Li – Consumption on Premises Wine and Malt Beverages. (Agenda Item No. 12-272) (Stacey Inglis, Finance Director) 9) ZONING AGENDA 1. RZ12-10 – To Create a Definition for “Exotic Animals” and/or Other Related Definitions within Section 64-1. (Agenda Item No. 12-255) (First Presentation at October 1, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 15, 2012 Page 4 of 4 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. 2. RZ12-09 – To Amend Article VI, Division 2 – AG-1 (Agricultural District) as it Relates to Allowing Exotic Animals within the AG-1 (Agricultural District). (Agenda Item No. 12-256) (First Presentation at October 1, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) 3. RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. (Agenda Item No. 12-257) (First Presentation at October 1, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) 4. RZ12-14 – To Amend Article IX, Administrative Permits and Use Permits, Division 3 Administrative Permits, Subdivision II, Minimum Standards, Sec. 64-1609, Swimming Pool, Private. (Agenda Item No. 12-258) (First Presentation at October 1, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 1. Presentation of Progress Partners. (Al Nash, Executive Director, Progress Partners of North Fulton Atlanta ) 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-273) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 4, 2012 Council Meeting Date: October 15, 2012 Agenda Item: Approval of the Acquisition of 2,992.54 SF of Right of Way, and 3,901.46 SF of Permanent Construction and Maintenance Easement at 12650 Arnold Mill Road from Varnell T. Rucker for a Total Combined Purchase Price of $38,500. Discussion: To provide for intersection improvements at SR 140/Arnold Mill Rd and New Providence Rd, the acquisition of 2,992.54 SF of right of way, and 3,901.46 SF of permanent construction and maintenance easement is required. The combined purchase price is $38,500. Staff is recommending approval of the acquisition of right of way and easements in the amount of $38,500. Legal Review: N/A Financial: Funding for this acquisition is available in the SR140/Arnold Mill Rd at New Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Attachments: Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # _H PPOO-0000-00(533) P. I. Number _0000533 Parcel # 3. Tax Parcel ID # 23-3710-1140-006-5 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1140 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ _29, 0 , the un rsigned agrKslo execute and deliver to City of Milton/Georgia Department of Tra ortation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "N'. The following conditions are imposed upon the grant of this option: 1 j This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 2.992.537 Square Feet of Right of Way —0—Linear Feet of Limited Access 3,901.462 Square Feet of Construction and Maintenance Easement 0 Square Feet of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quitclaim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is ached hereto and incorporated herein by reference. 6 �1� "f-ke r"ID Witness my hand and seal this 2, i day of-�Ee4t,_,1210 Signed, Sealed and Delivered in the presence of: Lao ae, 7 /_ , _ Z � Seal fitness tell 141E (Seal) Notary Public„ C) =x %% DOT DOT 663 -A -LG Rev 08-01.-2010 i�V 0Jr— tL_--d tJ � s : �a i o.eSdtio�.i �i+o "¢�• N aa2 'Y_• �pspssgsq qsq : q : � +pp+ppgppv 9 :�:„�:�4$00000FoCg�r�o ti. tip i dr-�o-Y t . i N yy5 i G 66650��6tio �4 i �•'nn N•�j�MNM� . . 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Nv�• m�wA$ � 22 •- , z ^� mf y q o q y '-I --r -+y'+�7❑� � - H w � � momma a.,�$ y A A bnoo�� Ntq vO M1E7j � "` qq b xry,4Ar�_�o �ti q�e�n m ham 6$ �a �,R ❑ ❑`�"x be zwwan•m S�^ new. �=9$• � H aA A y tiR A 214N gqF1.w� AA pp A ;aO b Slav age ,� 7 i L � iy �• lf;. I A� '•�by Ivw / ' Pa rj Rz .•I � � y la*I .Ci 2Cry �� L� •tea-.; � ... d � _ mA62 L1� • ;y�� A$ �' 1 pN A p� b �y'a/ �' ! • M g'�� gA� f(��F,.:, �iNbb 4 p a $ a oy rrLa O� 4N A Yy~ x a :to r om hKim a� — w V-1 .1 44 J r � z5a "- I ronq, aNA NA ADDENDUM TO "AGREEMENT TO PURCHASE REAL ESTATE" HPP-00-0000-00(533) Fulton County Parcel 3 1. Trees # 3 and # 4, as identified on the attached sketch, will be removed from property by the roadway contractor as part of construction of the above project. 2. Precaution will be taken during construction of the above project by the City of MiltonlGeorgia Department of Transportation, or its roadway contractor, to protect Trees 1, 2, 5 and 6 as identified on the attached sketch. 3. If one, or if all of, trees 1, 2, 5 & 6 die, or show signs of decay within 36 months after the construction period of the above project„ the City of Milton agrees to remove said tree, or trees, from subject property at the City of Milton's Expense. 4. It will be the property owner's responsibility to report to the City of Milton if one or all of Trees 1, 2, 5, or 6 die. 5. If the City of Milton has to remove any one, or all of the identified trees (Trees 1, 2, 5, or 6), the property owner will grant any necessary temporary easement for the City to enter the property to remove the trees at no cost to the City for said temporary easement. The above referenced Items Nos. 1 thru 5 are set forth for the benefit of the Seller and Purchaser. Said Items shall survive the Closing and the delivery of the Right of Way Deed, and shall not merge into the documents executed at Closing. (Exhibit showing trees attached) :.� . ri��•t - . mac:{• ::s cv . � • v�tiEv - sv• vv a ...::........ .. ... .._..__....... .. .... .. �: �`: _..... -:-Vis.::_: ............... =' :L..^ . :: .: { r :' :'1 M. .. --------------------- • ••Y��rNi•I+K . ._•. ... - - --•I,��ri `ti i'1 :�i.•i�: nl• ... _ . - . fes:: � :ti;:;`:ti �- � '•.''''.•.`•''r:�:.:;::`;._:. _ .�. __::�::::: City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 4, 2012 Council Meeting Date: October 15, 2012 Agenda Item: Approval of the Acquisition of 5,568.43 SF of Right of Way, 475.00 SF of Permanent Construction and Maintenance Easement, and 9,888.44 SF of Temporary Construction Easement at 12690 Arnold Mill Road from Varnell T. Rucker et al for a Total Combined Purchase Price of $38,300. Discussion: To provide for intersection improvements at SR 140/Arnold Mill Rd and New Providence Rd, the acquisition of 5,568.43 SF of right of way, 475 SF of permanent construction and maintenance easement, and 9,888.44 SF of temporary construction easement is required. The combined purchase price is $38,300. Staff is recommending approval of the acquisition of right of way and easements in the amount of $38,300. Legal Review: N/A Financial: Funding for this acquisition is available in the SR140/Arnold Mill Rd at New Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Attachments: Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # _NPP00-0000-00(533) P. 1. Number -0000533 Parcel # 5 Tax Parcel I D # 23-3710-1140-006-5 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of MiltonlGeorgia Department of Transportation an option to acquire the following described real estate; Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1140 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Ey gibit"A" attached h r 't nd m,� a part hereof by reference. For the sum of $ 00the undersigned agrees to execute and deliver to City of Milton/Georgia Department of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The fallowing conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 5568.429 Square Feet of Right of Way Linear Feet of Limited Access _475 Square Feet of Construction and Maintenance Easement 9888.441 Square Feet of Temporary Construction Easement 3) A Cost to Cure for the Septic System in the amount of $.09. 4) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 5} The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 6) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by I � � �►► i 5 C D urMr .Lence.� "p� 1Y1A'e Witness my hand and seal this 9 67 day of 20 Signed, in the p AL Notary ra DOT 663 -A -LG Rev 08-01-2010 (Seal) (Seal) y a x.$ rY•� ��c�i � �nrnx�$n arnr-ma pin Z •]Y�y p [nV Iq0 m pGV Vo 9 ~ �N�ti m Y # pp $ ^ � n i r_2 2�a x�eb Lnb-�i�uc$ �� N4r.,LL� ��W VmfyryG NNS .o A eri � Nom+ 1A 71 9 rc7•r n �� ., AA � -til � ��` •P O 4' Y•�I \ r r 1`■� N y r] r � •' b A � g ocn—r''':s,s r a ry4 ZZ 14, ro INK zo i' Bryn o AfATCN LINE STA No s Nmaa N LM1b�� !V r \O �rv19+00 �b a �^ Ve4j rn gi= O •ssnNa $a �,00 �a 1Pn m a' w z� �Aj 1 O y a� • 4&��$g$m x i �i �$ro$garo �' � • sss�a$$$�sg$omro�isa w s+w 4Itz 9 S e B g Ll a ry M1 2 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 4, 2012 Council Meeting Date: October 15, 2012 Agenda Item: Approval of the Acquisition of 9,774.90 SF of Right of Way, and 6,427.77 SF of Permanent Construction and Maintenance Easement at 12625 Arnold Mill Road from the City of Milton for a Purchase Price of $34,300. Discussion: To provide for intersection improvements at SR 140/Arnold Mill Rd at New Providence Rd, the acquisition of 9,774.90 SF of right of way, and 6,427.77 SF of permanent construction and maintenance easement is required from the property where Fire Station #41 is located. The combined purchase price is $0; however, the $34,300 value of the real property can be applied to the city’s share of the required matching funds for this project. Staff is recommending approval of the donation of right of way and easements. According to Federal Code 23 CFR 710.507, real property owned by State and local governments incorporated within a federally funded project can be used as a credit toward the State matching share of total project cost. A credit cannot exceed the State's matching share required by the project agreement. A contribution by a unit of local government of real property which is offered for credit, in connection with a project eligible for assistance under this title, shall be credited against the State share of the project at fair market value of the real property. Financial: The property at 12625 Arnold Mill Road was appraised and the value was approved by Georgia Department of Transportation on June 14, 2012. The fair market value of the acquisition was determined to be $34,300. This value will count toward the City’s 20% local match on project HPP00-0000-00(533) SR 140/Arnold Mill Rd at New Providence Rd. Legal Review: N/A Attachments: Purchase Agreement Donation Form AGREEMENT T4 PURCHASE REAL ESTATE GA DOT Project # HPP00-0000-00(533) LOCAL P. I. Number 0000533 Parcel # 4 Tax Parcel ID # 22 371011400495 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot _1140_ of the _2nd_ District, _2nd Section or GMD of FULTON County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ _DONATION the undersigned agrees to execute and deliver to City of Milton/Georgia Department of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 9,774.90, Square Feet of Right of Way Linear Feet of Limited Access 6,427.771 Square Feet of Permanent Construction and Maintenance Easement Square Feet of Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 6) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. 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Number 0000533 Parcel # 4 Tax Parcel ID # 22 371011400495 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot _1140_ of the _2nd_ District, _2nd Section or GMD of FULTON County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ _DONATION the undersigned agrees to execute and deliver to City of Milton/Georgia Department of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 9,774.90, Square Feet of Right of Way Linear Feet of Limited Access 6,427.771 Square Feet of Permanent Construction and Maintenance Easement Square Feet of Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 6) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. 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A RESOLUTION RATIFYING CLOSING DOCUMENTS FOR AND THE CITY’S ACQUISITION OF REAL ESTATE WHEREAS, the City of Milton closed on the acquisition of certain property from Michael Bell and Sheryl B. Wilson on October 2, 2012 as reflected in the closing documents attached hereto and incorporated herein by reference as Exhibit “A” (the “Closing Documents”); WHEREAS, the Mayor and City Council had previously approved the City’s acquisition of the property described in the Closing Documents; and WHEREAS, out of an abundance of caution, the Mayor and City Council now desire to ratify and approve the execution of the Closing Documents on behalf of the City and the City’s acquisition of property thereby. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, that the execution of the Closing Documents on behalf of the City and the City’s acquisition of property as memorialized by the Closing Documents are both hereby ratified and approved by the governing body of the City. RESOLVED this 15th day of October, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) wwW.bllowgroup.com Corporate Olflce 178 Soulh Main street. Suite 250 Alpharetta, Georgia 30009 TEL:77~64-6699 Fox: 77~64·99B9 bl®bllowgroup.com File No.: A120199 Closing Date: October 2nd, 2012 Borrower(s): City of Milton, Georgia Seller{s): Business Location: H. Michael Bell and Sheryl B. Wilson 13000 Deerfield Parkway, Suite 107, Milton, GA 30004 Collateral: 15165 & 15315 Hopewell Road and 0 Bell Park Drive, Milton, GA 30009 I. LOAN DOCUMENTS 1. Closing Statements ll. ANCILLARY DOCUMENTS 2. Legal Representation Acknowledgment 3. Error and Omissions/Compliance Agreement 4. Survey Ill. SELLER'S DOCUMENTS 5. Georgia Department of Revenue and Affidavit of Exemption from 3% Withholding 6. Affidavit of Seller 7. Limited Warranty Deed and Quitclaim Deed IV. MISCELLANEOUS 8. Release and Affidavit from Brokers 9. Title Commitment 10. Photo Identification File Number: A 120199 Settlement Date: 10/02112 Proration Date: 10/02112 SELLER(S): H. Michael Bell and Sheryl B. Wilson PURCHASER(S): City of Milton, Georgia LENDER: Loan Number: PROPERTY: 15165,15315 Hopewell Rd & 0 Bell Park Dr, Milton, GA 30009 7.05 acres, Land Lot 534 & 535, Oistr 2, Sect 2, Fulton Co., CASH DUE FROM PURCHASER(S) 511,243.75 TOTAL CHARGESICREDITS 521,617.94 521,617.94 have examined the above statement and find It correct and disbursement of proceeds of said loan as indicated above is by authorized and directed. IB~~:;~~~~~;~~~;;--___C)ctolber 2nd, 2012 If' City Manager ,.....,""'" .....vv GROUP, LLC 1-___--..:!~==::::::::....__--.:L~___....:October 2nd, 2012 File Number: A120199 Settlement Date: 10/02112 Proration Date: 10/02/12 SELLER(S): H. Michael Bell and Sheryl B. Wilson PURCHASER(S): City of Milton, Georgia LENDER: Loan Number: PROPERTY: 15165,15315 Hopewell Rd & 0 Bell Park Dr, Milton. GA 30009 7.05 acres, Land Lot 534 & 535, Dlstr 2, Sect 2, Fulton Co., CASH DUE FROM PURCHASER(S) 511,243.75 TOTAL CHARGES/CREDITS 521.617.94 521,617.94 have examined the above statement and find it correct and disbursement of proceeds of said loan as indicated above is ."",.gnu authorized and directed. By: David Belle Isle, File Number: A120199 Settlement Date: 10/02112 SELLER(S): H. Michael Bell and Sheryl B. Wilson PURCHASER(S): City of Milton. Georgia LENDER: Loan Number: PROPERTY: 15165,15315 Hopewell Rd & 0 Bell Park Or. Milton. GA30009 7.05 acres, Land Lot 534 &535, Dlstr 2, Sect 2, Fulton Co., CASH DUE TO SELLER{S) TOTAL CHARGES/CREDITS Proration Date: 10/02/12 25,875.00 486,887.80 518,474.56 518,474.56 We have examined the above statement and find It correct and disbursement of proceeds of said transaction as Indicated above is hereby authorized and directed .~ ~~tJ:/October2nd,2012 • Mlcha I Bel October 2nd, 2012 25,875.00 File Number: A120199 Settlement Data: 10102112 Proration Date: 10102/12 SELLER(S): H. Michael Bell and Sheryl B. Wilson PURCHASER(S): City of Milton. Georgia LENDER: Loan Number: PROPERTY: 15165,15315 Hopewell Rd & 0 Bell Park Dr. Milton. GA 30009 7.05 acres, Land Lot 534 & 535. Dlstr 2. Sect 2, Fulton Co., CASH DUE TO SELLER(S) 486.887.80 TOTAL CHARGES/CREDITS 518.474.56 518,474.56 We have examined the above statement and find it correct and disbursement of proceeds of said transaction as Indicated above is hereby atZ"~d~~fJ ;?~a4 October2nd.2012 H. Michael ell ~(4 ~~o-.'2nd.2012 '. eryl B,t ilson . BELLE ISLE LAW GROUP, LLC ACKNOWLEDGEMENT OF LEGAL REPRESENTATION THE UNDERSIGNED SELLERS ACKNOWLEDGE THAT THE CLOSING ATTORNEY HAS REPRESENTED THE PURCHASER IN TIDS TRANSACTION AND THAT SELLERS HAVE BEEN AFFORDED THE OPPORTUNITY TO OBTAIN COUNSEL FOR THEIR REPRESENTATION. This, the 2nd day of October, 2012. SeUer(s): H. Michael Bell ('J6i;j;(;3,y &:;/0' ,9-- , S,,·}'. ilson ERROR AND OMISSIONS I COMPLIANCE AGREEMENT STATE OF GEORGIA COUNTY OF FULTON The Undersigned, for and in consideration of Belle Isle Law Group, LLC (the "Firm") facilitating the transfer and closing of the real property described in Exhibit "A" attached, agree, if requested by the Firm, to fully cooperate and adjust for clerical errors or omissions, any or all closing documentation if deemed necessary or desirable in the reasonable discretion of the Finn to comply with Federal or State law or prudent legal practices. The Undersigned hereby appoint Belle Isle Law Group, LLC attorney-in-fact to correct any such errors, place initials on documents where corrections are made, andlor sign our names to any document or fonn. In the event this procedure is utilized, the party involved shall be notified and receive a corrected copy of the changed document from the Settlement Agent named above. IN WITNESS WHEREOF, Purchaser has executed this Instrument under seal, as of the 2nd day of October, 2012. The Undersigned: Undcrsiped" shall refer to aU persons who sign this Agreement. severally and jointly. City of Milton, Georgia Lagerbloom, City Manager ERROR AND OMISSIONS I COMPLIANCE AGREEMENT STATE OF GEORGIA COUNTY OF FULTON The Undersigned, for and in consideration of Belle Isle Law Group, LLC (the "Firm") facilitating the transfer and closing of the real property described in Exhibit "A" attached, agree, if requested by the Film, to fully cooperate and adjust for clerical errors or omissions, any or all closing documentation if deemed necessary or desirable in the reasonable discretion of the Film to comply with Federal or State law or prudent legal practices. The Undersigned hereby appoint Belle Isle Law Group, LLC attorney-in-fact to correct any such errors, place initials on documents where corrections are made, andlor sign our names to any document or form. In the event this procedure is utilized, the party involved shall be notified and receive a corrected copy of the changed document from the Settlement Agent named above. IN WITNESS WHEREOF, Seller has executed this Instrument under seal, as of the 2nd day of October, 2012. The Undersigned: Undersigned" shall refer 10 all pemlns who sign Ibis Agreement, .severally and jOintly. J-d. m;JLtZ// H. Mjchael Bell (' 1t~!J Mu/r?£11J SheIyI ,. Wilson ' 'T111"" ."':~ OITIIF/lGtTDlf jI1U~£..t'lI.lFAHSION ~'=''''''i\n.~~...:.r GEORGIA WITHHOLDING TAX AFFIDA VlT THIS IS AN AFFIDA VlT MADE UNDER OATH. THE MAKING OF A FALSE STATEMENT WILL SUBJECT THE AFFIANTS TO SEVERE CRIMINAL PENALTIES. Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, H. Michael Bell and Sheryl B. Wilson (collectively the "Affiant"), who being first duly sworn, depose, and say under oath as follows: 1. Affiant, being the Owners of the real property described in Exhibit itA" attached hereto and incorporated herein by reference (the IIProperty"), is familiar with and has personal knowledge of the matters set forth in this Affidavit. 2. This Affidavit is being given in conjunction with the sale or transfer of the Property descn'bed in Exhibit "A" to City of Milton, Georgia (hereinafter referred to as the "Purchaser"). 3. Affiant is aware that Purchaser is required under O.C.G.A. § 48-7-128, to withhold up to 3% of the purchase price unless Seller meets one of the conditions or exemptions set forth below. Affiant herein states that the condition or exemption checked below applies to Sellers: (a) Seller is a resident of the State of Georgia; or (b) Seller is not a resident of the State of Georgia, but is deemed a resident for purposes of withholding by virtue of the following: 1M? .ySeUer has filed Georgia income tax returns or appropriate extensions --have been received for the two income tax years immediately preceding the year of sale; and ___ Seller is in business in Georgia and will continue substantially the same business in Georgia after the sale, or Seller has real property remaining in the state at the time of closing of equal or greater value that the withholding tax liability as measured by the 100 percent property tax assessment of such remaining property; and ___ Seller will report this sale on a Georgia income tax return for the current year and file it by its due date; and ___ If Seller is a corporation or limited partnership, it is registered to do business in Georgia. Or (c) Seller is exempt from the withholding requirements of a.c.G.A. § 48-7-128 by virtue of the following: ___The Property is Seller's principal residence. ___ Seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration. ___Seller is an agency or authority ofthe United States of America. ___ Seller is the Federal National Mortgage Association. ___Seller is the Government National Mortgage Association. ____.Seller is a private mortgage insurance company. ___The purchase price of the property is less than $_____ ____Seller is subject to withholding under O.C.G.A. § 48-7-129, and a composite return has been or will be filed on Seller's behalf. 4. Under penalty of perjury, Affiant swears that the above information is, to the best ofhis knowledge and belief, true. correct and complete. IN WITNESS WHEREOF, Affiant has caused this Affidavit to be executed under seal on this. 2nd day of October, 2012. AFFIANT: iflMi~ I!/ (Seal) Unofficial Witness /?tJJ-(Seal) Exhibit "A" (Vesting Deed Legal) All thaUract or parcel of land lying and being in Land Lots 534 and 535, 2nd District, 2nd Section, Fulton County, Georgia, Bnd being more particularly described as follows: Beginning at an iron pin located at the point of intersection of the east right of way line of Hopewell Road (40 foot right of way) with the southeast right of way line of Thompson Road (60 foot right of way), running thence north 75 degrees 30 minutes east along the southeast right of way line of Thompson Road a distance of 307.94 feet, more or less, to an Iron pin located at the northwest comer of the property described in that Warranty Deed from Hugh W. Bell to Ronald E. Adkins and Connie Adkins dated August 14, 1989, recorded In Oeed Book 12764, page 180, Fulton County records; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Adkins property a distance of 150.09 feet to an iron pin; running thence north 89 degrees 18 minutes 00 seconds east along the south line of said Adkins property a distance of 241.72 feet to an Iron pin iocated on the west right of way of Bell Park Road, also known as Hopewell Palt Road (50 foot right of way); running thence south along the west right of way line of Bell Park Road a distance of 227.28 feet, more or lessJ to an iron pin located at the northeast comer of the property described in that Corrective Warranty Deed from Hugh W. Bell to Larry P. Hopkins dated July 14, 1987, recorded In Deed Book 10955, page 117, Fulton County records; running thence south 89 degrees 17 minutes 60 seconds west along the north line of said HopkIns property a distance of 262 feet to an Iron plnj running thence south 43 degrees 57 minutes 06 seconds west along the northwest line of Hopkins property a distance of 391.80 feet to an iron pin; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Hopkins property a distance of 125 feet to an Iron pin located at the southwest corner of said Hopkins property; running thence south 86 degrees 38 minutes west a distance of 287.7 feet to an iron pin located on the east right of way line of Hopewell Road; running thence northeasterly along the east right of way of Hopewell Road and following the curvature thereof a distance of 777.7 feet, more or less, to an Iron pin located at the pOint of intersection of the east right of way line of Hopewell Road with the southeast right of way line of Thompson Road and being the point of beginning. Being a tract of 7.05 acres, more or less, and being improved property with a residence located thereon known as 15165 Hopewell Road under the present system of numbering houses within Fulton County, Georgia. (Parcel 10 Numbers: 22 -5040-0535-017·3j 22 ·4880-0534-020-4; 22 -5040-0535-034-8) SUBSTITUTE FORM 1099 AND FORM W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER. CERTIFICATION, AND REPORTING INFORMATION Seller: H. Michael Bell and Sheryl B. Wilson Tax LD. No.: 276-83-3319 for H. Michael Bell and 254-92-6679 for Sheryl B. Wilson Purchaser: City of Milton, Georgia Date of Closing: October 2nd, 2012 Sales Price: $517,500 Subject Property: 15165, 15315 Hopewell Road & 0 Bell Park Drive, Milton, GA 30009, as more particularly described in Exhibit" AI! attached and made a part hereof. Internal Revenue Service regulations requires Seller to furnish the Taxpayer Identification Number of Seller in order to verify any sale of real property, or you may be subject to civil or criminal penalties imposed by law. CERTIFICATION: Under penalties ofperjury, the undersigned certifies as follows: 1. The number shown on this fonn is the taxpayer identification number of Seller (or Seller is awaiting a number to be issued); and 2. The Seller hereby acknowledges that the Internal Revenue Service requires transactions to be reported and accurate disclosure of the above infonnation. 3. That the address for Seller is as follows: 12600 Providence Road, Alpharetta, GA 30009 for H. Michael Bell P.O. Box 241, Alpharetta, GA 30009 for Sheryl B. Wilson 4. That Seller is not considered a "non-resident alien" for the purposes of United States income taxation, and is not otherwise a "foreign person, II as defined in Section 1445 of the United States Internal Revenue Code of 1986, as amended (the "Code"); 5. That Seller is making this Certification, in part, pursuant to the provisions of Section 1445 of the Code in connection with the sale of the Subject Property to Purchaser which sale may constitute the disposition by the owner of a United States real property interest, for purpose of establisrung that the Purchaser is not required to withhold tax. pursuant to Section 1445 of.the Code in connection with such disposition; and Seller acknowledges that this document may be disclosed to the Internal Revenue Service by the Purchaser, that this document is made under penalty of perjury and that any false statement made herein could be punished by fine, imprisonment, or both. ItJV 6. Seller further states that this Certification is also given for the purpose of inducing Purchaser to purchase the Subject Property, and shall be relied upon by Old Republic National Title Insurance Company when dealing with the Subject Property. IN WITNESS WHEREOF, Affiant has caused this Certification to be executed under seal on this t the 2nd day of October. 2012. SELLER:LJ·a;A 6#. ff(l.~ (Seal) Unofficial Witness H. Michael Bell /.-, " '----~ ~ ;Z. Exhibit "An (Vesting Deed Legal) All that tract or parcel of land lying and being in Land Lots 534 and 535, 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: Beginning at an Iron pin located at the point of Intersection of the east right of way line of Hopewell Road (40 foot right of way) with the southeast right of way line of Thompson Road (60 foot right of way), running thence north 75 degrees 30 minutes east along the southeast right of way line of Thompson Road a distance of 307.94 feet, more or less, to an Iron pin located at the northwest corner of the property described in that Warranty Deed from Hugh W. Bell to Ronald E. Adkins and Connie Adkins dated August 14,1989, recorded In Deed Book 12764, page 180, Fulton County records; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Adkins property a distance of 150.09 feet to an iron pin: running thence north 89 degrees 18 minutes 00 seconds east along the south line of said Adkins property a distance of 241.72 feet to an Iron pin located on the west right of way of Bell Park Road, also known as Hopewell Park Road (SO foot right of way): running thence south along the west right of way line of Bell Park Road a distance of 227.28 feet, more or less, to an iron pin located at the northeast comer of the property described in that Corrective Warranty Deed from Hugh W. Bell to Larry P. Hopkins dated July 14, 1987, recorded in Deed Book 10955, page 117, Fulton County records; runnIng thence south 89 degrees 17 minutes 60 seconds west along the north line of said Hopkins property a distance of 262 feet to an iron pin; running thence south 43 degrees 57 minutes 06 seconds west along the northwest line of Hopkins property a distance of 391.80 feet to an iron pin; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Hopkins property a distance of 125 feet to an Iron pin located at the southwest corner of said Hopkins property; running thence south 86 degrees 38 minutes west a distance of 287.7 feet to an Iron pin located on the east right of way line of Hopewell Road: running thence northeasterly along the east right of way of Hopewell Road and following the curvature thereof a distance of 777.7 feet, more or less, to an iron pin located at the point of intersection of the east right of way line of Hopewell Road with the southeast right of way line of Thompson Road and being the point of beginning. Being a tract of 7.05 acres, more or less, and being improved property with a residence located thereon known as 15165 Hopewell Road under the present system of numbering houses wHhin Fulton County, Georgia. (Parcel 10 Numbers: 22 ·5040·0535-017-3; 22 -4880-0534·020-4; 22 ·5040·0535'()34·8) STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT OF SELLER Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, H. Michael Bell and Sheryl B. Wilson (collectively the ItAffiant"), who being first duly sworn, depose, and say under oath as follows: 1. That Affiants are the owners of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). Affiant has personal knowledge of the facts sworn to in this affidavit, and has the requisite authority to make the representations and warranties set forth herein, and is familiar with the matters set forth herein. 2. That Seller is in possession, is the owner, and has good and marketable fee simple title in and to the Property subject to those matters, if any, set forth in Exhibit "B" attached hereto and incorporated herein by reference. 3. That there are no pending suits, civil actions, proceedings, judgments, bankruptcies or executions against Seller or against said Property which would affect title thereof. 4. To the Affiant's best knowledge and belie£: there are no unpaid or unsatisfied security deeds, mortgages, judgments, liens, claims, taxes, or other encumbrances either in the aforesaid County or any other county in the State of Georgia other than as shown on the Closing Statement ofeven date herewith. 5. To the Affiant's best knowledge and belief, there is no outstanding indebtedness for equipment, appliances, or other fixtures attached to the Property excepting such liens, which are being paid at closing. 6. That Seller is not, as of the date hereof, a party or parties to any bankruptcy, reorganization, receivership, or insolvency proceeding; and that no part of the Property has been taken in condemnation or other like proceeding, and further that there is no such proceeding pending or known to be contemplated. 7. That no improvements or repairs have been made on the Property during the ninety-five (95) days immediately preceding this date; or, in the event that improvements or repairs > have been made, that there are no outstanding bills incurred for labor and materials used in making such improvements or repairs on the Property, or for services of architects, surveyors, or engineers incurred in connection therewith. 8. The boundary lines and comers are clearly marked, there are no disputes or claims adverse to the location of said lines and no one is claiming, has claimed or has any right to claim, any right, title or interest in or to said Property. Further, there are no boundary line disputes or encroachments respecting the Property. 9. Seller has paid or will pay all utility bills, incurred by Seller, Seller's tenants, or predecessors in title to the Property, for gas, water, storm and sanitary sewer refuse, electrical and telephone service to the Property through the date of this Affedavit. THIS AFFIDAVIT is made to induce City of Milton, Georgia to purchase the Property identified on Exhibit "A," for Belle Is]e Law Group, LLC to act as settlement agent for the sale, and for an Old Republic National Title Insurance Company to issue a owner's title insurance policy in the amount of S517 ,500.00. Sworn to and subscribed before me on this 2nd day of October, 2012. AFFIANT: ..L....:::U:..::...J1n~~~.L-/J--=-c//_>_(Seal) H. Michael Bell Unofficial Witness (Seal) Sheryl B.> on ,JA J!tIfi J(L;;fJ tJ0 Exhibit flAIf (Vesting Deed Legal) All that tract or parcel of land lying and being in Land Lots 534 and 535, 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: Beginning at an Iron pin located at the point of intersection of the east right of way line of Hopewell Road (40 foot right of way) with the southeast right of way line of Thompson Road (60 foot right of way), running thence north 75 degrees 30 minutes east along the southeast right of way line of Thompson Road a distance of 307.94 feet, more or less, to an Iron pin located at the northwest corner of the property described in that Warranty Deed from Hugh W. Bell to Ronald E. Adkins and Connie Adkins dated August 14,1989, recorded In Deed Book 12764, page 180, Fulton County records; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Adkins property a distance of 150,09 feet to an iron pin; running thence north 89 degrees 18 minutes 00 seconds east along the south line of said Adkins property a distance of 241.72 feet to an iron pin located on the west right of way of Bell Park Road, also known as Hopewell Park Road {50 foot right of way}; running thence south along the west right of way line of Bell Park Road a distance of 227.28 feet, more or less, to an iron pin located at the northeast comer of the property described In that Corrective Warranty Deed from Hugh W. Bell to Larry P. Hopkins dated July 14, 1987, recorded in Deed Book 10955, page 117, Fulton County records; running thence south 89 degrees 17 minutes 60 seconds west along the north line of said Hopkins property a distance of 262 feet to an iron pin; running thence south 43 degrees 57 minutes 06 seconds west along the northwest line of Hopkins property a distance of 391.80 feet to an iron pin; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Hopkins property a distance of 125 feet to an Iron pin located at the southwest comer of said Hopkins property; running thence south 86 degrees 38 minutes west a distance of 287.7 feet to an iron pin located on the east right of way line of Hopewell Road; running thence northeasterly along the east right of way of Hopewell Road and follOwing the curvature thereof a distance of 777.7 feet, more or less, to an iron pin located at the point of intersection of the east right of way line of Hopewell Road with the southeast right of way line of Thompson Road and being the point of beginning. Being a tract of 7.05 acres, more or less l and being improved property with a residence located thereon known as 15165 Hopewell Road under the present system of numbering houses within Fulton County, Georgia. (ParceiID Numbers: 22 ·5040·0535-017·3; 22 -4880.0534-020·4; 22 -5040·0535·034-8) Exhibit "B" Permitted exceptions 1. All taxes and special assessments, including water, sanitary and other utility bills, for the year 2013 and subsequent years, which are not yet due and payable, together with any and all taxes and special assessments which may become due and payable for the current or previous years, due to, but not limited to, reassessments, rebillings, or errors by tax officials or their agents. 2. RIGHT-OF-WAY EASEMENT recorded in Deed Book 6582, Page 270, Fulton County Records. 3. RIGHT-OF-WAY EASEMENT recorded In Deed Book 10467, Page 273, Fulton County Records. 4. RIGHT-OF-WAY EASEMENT recorded in Deed Book 6749, Page 421, Fulton County Records. S. RIGHT-OF-WAY EASEMENT recorded In Deed Book 3617, Page 423, Fulton County Records. 6. EASEMENT recorded in Deed Book 28965, Page 180, Fulton COunty Records. 7. RIGHT OF WAY DEED recorded in Deed Book 6552, Page 29, Fulton County Records. 8. RIGHT OF WAY DEED recorded in Deed Book 3250, Page 342, Fulton County Records. 9. All matters affecting subject property as shown on that Boundary & Topographic Survey for City of Milton Bell Memorial Park Expansion, dated July 16,2012 prepared by Benjamin L Drerup, LS, MM, of Inland Surveyins, llC. PREPARED BY & RETURN TO: David Belle Isle Belle Isle Law Group, LLC 178 S. Main Street, Suite 250 Alpharetta, GA 30009 STATE OF GEORGIA COUNTY OF FULTON LIMITED WARRANTY DEED THIS INDENTURE is made as of October 2nd, 2012, between H. Michael Bell and Sheryl B. Wilson (hereinafter referred to as "Grantor l !) and The City of Mil ton, Georgia (hereinafter referred to as "Grantee") ("Grantor" and "Grantee" to include their respective representat permits) . heirs, successors, executors, ives and assigns where the administrators, context requires legal or WIT N E SSE T H GRANTOR, in consideration of the sum of Ten and No/IOO Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto Grantee all that tract or parcel of land lying and being in Land Lot 534 and 535 of the 2nd District, 2nd Section of Fulton County, Georgia (hereinafter referred to as the "Land") as more particularly described in the attached Exhibit "A", which Exhibit is incorporated herein by reference. TO HAVE AND TO HOLD the Land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of Grantee forever in FEE SIMPLE, but subject to the matters (hereinafter referred to as the "Permitted Exceptions") set out in Exhibit "B" attached hereto and by reference made a part hereof. AND GRANTOR WILL WARRANT and forever defend the right and title to the Land unto Grantee against the claims of Grantor and all others claiming by, through or under Grantor. EXECUTED under seal as of the date above. GRANTOR: jj ftZY~!?dI (Seal) H. Michael Bell Signed, sealed and delivered in my presence, this 2nd day of October, 2012 [SIGNATURES CONTINUED ON FOLLOWING PAGE] [SIGNATURES CONTINUED FROM PRECEDING PAGE] This document is executed by Grantee solely for the purpose of confirming that this conveyance was approved by official action of Grantee's City Council in a meeting held on September 5, 2012 and reflected in the official minutes of the meeting on file in the office of the Clerk of Grantee. GRANTEE: . Lagerbloom, (SEAL) Attest: ~~~~~-'-;:~========~APPROVED AS :",'11"11 ,. Notary Sudie AM Gordon, City Clerk Signed, sealed and delivered in my presence, this 2nd day of Oct r, 2012 TO FORM: Exhibit "A" (Vesting Deed Legal) All that tract or parcel of land lying and being in Land Lots 534 and 535, 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: Beginning at an Iron pin located at the point of intersection of the east right of way line of Hopewell Road (40 foot right of way) with the southeast right of way line of Thompson Road (60 foot right of way), running thence north 75 degrees 30 minutes east along the southeast right of way line of Thompson Road a distance of 307.94 feet, more or less, to an Iron pin located at the northwest comer of the property described rn that Warranty Deed from Hugh W. Bell to Ronald E. Adkins and Connie Adkins dated August 14, 1989, recorded In Deed Book 12764, page 180, Fulton County records; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Adkins property a distance of 150.09 feet to an iron pin; running thence north 89 degrees 18 minutes 00 seconds east along the south line of said Adkins property a distance of 241.72 feet to an iron pin located on the west right of way of Bell Park Road, also known as Hopewell Park Road (50 foot right of way); running thence south along the west right of way line of Bell Park Road a distance of 227.28 feet, more or less, to an Iron pin located at the northeast corner of the property described in that Corrective Warranty Deed from Hugh WI Bell to Larry P. Hopkins dated July 14. 1987. recorded in Deed Book 10955, page 117, Fulton County records; running thence south 89 degrees 17 minutes 60 seconds west along the north line of said Hopkins property a distance of 262 feet to an iron pin; running thence south 43 degrees 57 minutes 06 seconds west along the northwest line of Hopkins property a distance of 391.80 feet to an iron pin; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Hopkins property a distance of 125 feet to an Iron pin located at the southwest comer of said Hopkins property; running thence south 86 degrees 38 minutes west a distance of 287.7 feet to an Iron pin located on the east right of way line of Hopewell Road; running thence northeasterly along the east right of way of Hopewell Road and following the curvature thereof a distance of m.7 feet, more or less, to an iron pin located at the point of intersection of the east right of way line of Hopewell Road with the southeast right of way line of Thompson Road and being the point of beginning. Being a tract of 7.05 acres, more or less l and being Improved property with a residence located thereon known as 15165 Hopewell Road under the present system of numbering houses within Fulton County, Georgia. (Parcel 10 Numbers: 22 -5040·0535·017·3; 22 -4880·0534·020·4; 22 -5040·0535-034·8) Exhibit "B" Permitted Exceptions 1. All taxes and special assessments, including water, sanitary and other utility bills, for the year 2013 and subsequent years, which are not yet due and payable, together with any and all taxes and special assessments which may become due and payable for the current or previous years, due to, but not limited to, reassessments, rebillings, or errors by tax officials or their agents. 2. RIGHT-OF-WAY EASEMENT recorded In Deed Book 6582, Page 270, Fulton County Records. 3. RIGHT-OF-WAY EASEMENT recorded In Deed Book 10467, Page 273, Fulton County Records. 4. RIGHT-OF-WAY EASEMENT recorded In Deed Book 6749, Page 421, Fulton County Records. S. RIGHT-OF-WAY EASEMENT recorded In Deed Book 3617, Page 423, Fulton County Records. 6. EASEMENT recorded in Deed Book 28965, Page 180, Fulton County Records. 7. RIGHT OF WAY DEED recorded in Deed Book 6552, Page 29, Fulton County Records. 8. RIGHT OF WAY DEED recorded In Deed Book 3250, Page 342, Fulton County Records. 9. All matters affecting subject property as shown on that Boundary & Topographic Survey for City of Milton Bell Memorial Park Expansion, dated July 16, 2012 prepared by Benjamin L. Drerup, LS, MM, of Inland Surveying, LLC. Please return recorded Deed 10; Belle Isle Law Group. LLC 178 South Main Street, Suite2S0 Alpba.retl:a. GA 30009 File AI20199 QUITCLAIM DEED STATE OF GEORGIA COUNTY OF FULTON THIS INDENTURE, made the 2nd day of October, 2012, between H. Michael Bell and Sheryl B. Wilson as party or parties of the first part, hereinafter called Grantor, and City of Milton, Georgia, as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). WITNESSETH that: Grantor, for and inconsideration of the sum of one dollar (S1.00) and other valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, by these presents does hereby remise, convey and forever QUITCLAIM unto the said Grantee: ALL THAT TRACT OR PARCEL OF LAND described on Exhibit "An attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the said described premises to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to said premises or appurtenances, or any rights thereof. IN WITNESS WHEREOF, Grantor has signed and sealed this deed, the day and year first above written. Signed, sealed and delivered in the presence of: i. ... / 11& lu Un=Witness~ (SEAL) (SEAL) [SIGNATURES CONTINUED ON FOLLOWING PAGE] Bell Memorial Park ExpansIon Parcell All that tract or parcel of land lying and bet"'tn land lots 534 and 535 of the 1" District, lOll Section of Fulton County, Georgia. within the City of Milton. and being more partltularlv described lIS follows: COMMENCING for the same at Fulton County Monument 119874 (1/2" I\ebllrl In the rliint-of-way of Thompson Road 160'R/W1 north of Its Inter5ectlon with Bell Park Drive (AKA Hopewell Park /\oad, 5D'RIWI: thence running South 05'09'OS' West, a distance of 273.95 feet to a 1/2" Rebar Found on tile western right-of-way line of said Bell Park Orlvtl, said 1/2" Rebar belnl the POINT OF BEGINNING for the tract herein described; thence running alonll said Bell Park Drive right-of-way South 00'29'14" West. a distance of 227.43 feet to a point 1.50' ust of a 1/2" Rebar Found: thence leavtng said Bell Park Drive and runnl", aloniliand now or formerly of Susan T. Hopkins North 89'19'29" West. a distance of 263.73 feet to a pOint; thence South 45'16'16' West, a distance of 391J1O fee! 10 a 3/4' Open TOp Pipe Found on the land I.ot tine between land Lots S34 and 535: thence running alonll said land I.ot Une South 00'43'25" West, a distance of 124.68 feet to a S'XS" Concrete Monument Found; thence running alanlliand now or formefiy of Saredan Properties No.2. LlC South 87'58'36· Willi!, a distance of 281.53 feet to a point on the eastern rlsht-of-way line of Hopewell Road 14D' Apparent RIW\10.56 feet wast of • 11/4" Open Top Pipe Found (Disturbed); thence running along Slid Hopewell ROld right-of-way along a curve to the rlSht for an arc distance of 212.40 feet, nld curve having a chord beartng of North 15'47'48" Ent Ind a chord distance of 211.56 feet and a radius of 687.00 feet to a poInt; thence North 24"39'14" east, a distance of 56SAS feet to 8 3/4" Rebar found at the Inter~ctlon of the eastern right-of-way of said Hopewell Road with the southern right-of-way of said Thompson Road; thence leaving said Hopewell Road and running along said Thompson lIoad right-of-way liang a curve to the rlsht for an arc distance of 308.11 feet, said CUM! h.vlna a chord bear I", of North 16'47'50' East and ! chord distance of 308.10 feet and a radius of 11.166.61 feet to a 1/2" Rebar FOUnd; thence leaving said Thompson Road and running along land now or formerly of Brian T. Telpen and Hope Elisabeth Havwood South 00'49'14" West, 8 dl5tancl! of 150.09 feet to a 1/2" Rebar Found; thence South 89'18'43" East, a distance of 241.67 feet to the POINT OF 8EGINNING. Said tract contains 7.059 acres more Dr less. RELEASE AND AFFIDAVIT REGARDING COMISSIONS STATE OF GEORGIA COUNTY OF FULTON TIDS AFFIDAVIT REGARDING BROKERS (the "Affidavit") is made this 2nd day of October, 2012 by and between City of Milton, Georgia CUPurchaser"). H. Michael Bell and Sheryl B. Wilson ("Seller"), and Power Realty Parmers, LLC ("Listing Broker"). WHEREAS, Purchaser and Seller have entered into that certain Agreement for Sale of Realty (the "Contract") for the purchase and sale of the real property, as more particularly described in Exhibit "A" attached (the "Property"); WHEREAS, Listing Broker is a licensed Georgia real estate broker and has been retained by and represents Seller, as broker, in connection with the sale of the Property by Seller to Purchaser; WHEREAS, The purpose of this Affidavit is waive and release any and all lien rights of any broker, excepting Listing Broker granted pursuant to the Commercial Real Estate Broker Lien Act (the "Act") (O.C.G.A. §44-14-600 et seq.); NOW THEREFORE, in consideration of the inducement of Old Republic Title Insurance Company to issue its policy of title insurance insuring the Purchaser in the Property and without exception other than the Permitted Title Exceptions, and to induce Belle Isle Law Group, LLC to act as settlement agent, the undersigned aver as follows: THAT, Purchaser and Seller each hereby represent and warrant to the other that they have not dealt with, any real estate broker, agent or salesman other than Listing Broker so as to create any legal right or claim in any such broker, agent or salesman other than Listing Broker for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of the Contract or the conveyance of the Property by Seller to Purchaser; THAT, All parties hereto aclmowledge that Seller agrees that Seller shall pay to Listing Broker upon, but only upon, consummation of the purchase and sale of the Property, a real estate brokerage commission upon the terms of the applicable commission agreement{ s); THAT, Purchaser has no obligation to Seller or Listing Broker for payment of any commission whatsoever; THAT, Listing Broker agrees to look solely to Seller, and not to Purchaser, for the payment of such commission; and ~ V THAT, Listing Broker herby releases forever any lien or claim against the Property and hereby releases any claim against Seller or Purchaser with respect to any cla.im for a commission as to the Property. IN WITNESS WHEREOF, the parties hereto have duly sign~ sealed and delivered this Affidavit as of the date first set forth above. SELLER: bloom, City Manager Exhibit UA" (Vesting Deed Legal) All that tract or parcel of land lying and being In Land Lots 534 and 535, 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: Beginning at an iron pIn located at the point of intersection of the east right of way line of Hopewell Road (40 foot right of way) with the southeast right of way line of Thompson Road (60 foot right of way), runnIng thence north 75 degrees 30 minutes east along the southeast right of way line of Thompson Road a distance of 307.94 feet, more or less, to an Iron pin located at the northwest corner of the property described In that Warranty Deed from Hugh W. Bell to Ronald Eo Adkins and Connie Adkins dated August 14, 1989, recorded In Deed Book 12764, page 180, Fulton County records; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Adkins property a distance of 150.09 feet to an iron pin; running thence north 89 degrees 18 minutes 00 seconds east along the south line of said Adkins property a distance of 241.72 feet to an iron pin located on the west right of way of Bell Park Road, also known as Hopewell Park Road (50 foot right of way); running thence south along the west right of way line of Bell Park Road a distance of 227.28 feet, more or less, to an Iron pin located at the northeast corner of the property described in that Corrective Warranty Deed from Hugh W. Bell to Larry P. Hopkins dated July 14, 1987, recorded in Deed Book 10955, page 117, Fulton County records; running thence south 89 degrees 17 minutes 60 seconds west along the north line of said Hopkins property a distance of 262 feet to an iron pin; running thence south 43 degrees 57 minutes 06 seconds west along the northwest line of Hopkins property a distance of 391.80 feet to an Iron pin; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Hopkins property a distance of 125 feet to an iron pin located at the southwest corner of said Hopkins property; running thence south 86 degrees 38 minutes west a distance of 287.7 feet to an Iron pIn located on the east right of way line of Hopewell Road; running thence northeasterly along the east right of way of Hopewell Road and following the curvature thereof a distance of m.7 feet, more or less, to an iron pin located at the point of intersection of the east right of way line of Hopewell Road with the southeast right of way line of Thompson Road and being the point of beginning. Being a tract of 7.05 acres, more or less t and being improved property with a residence located thereon known as 15165 Hopewell Road under the present system of numbering houses within Fulton County, Georgia. (ParcellD Numbers: 22 ·5040·0535"()17·3; 22 ·4880·0534-020-4; 22 -5040.0535-034-8) Commitment for Title Insurance Issued By Old Republic National Title Insurance Company Old Republic National Title Insurance Company. a Minnesota corporation rCompany"l. for a valuable consideration, commits to issue its policy or policies of title inSUrance. as identified in Schedule A. in favor of the Proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A. upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and Band to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. Allllability and obligation under this Commitment shall cease and tarmin~te six (61 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs. provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the JXllicy form upon request IN WJT~IESS WHEREOF. Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Issued through the Office of Authatited Signatory OAT Farm 43011 ALTACommItmarIt larltUe nuranc:a r.'Q6 OLD REPUBLIC NAll0NAL nm INSURANCE COMPANY A Stock Company 400 Second Avenue South. Minneapolis. Minnesota 55401 (612J 371-111 I President Secretary Old Republic National Title Insurance Company SCHEDULE A COMMITMENT Agent FHe Number: A120199 _ResidenUal County: Fulton 1. EffecUve Date: 8/10/12 at 8:00 a.m. 2. Policy or Policies to be Issued: AlTA Owners Policy Siandard Form 6117/06 $517,500.00 Proposed Insured: CRy of Milton, Georgia ALTA Loan Poncy Standard FGI1Il6/17/06 Proposed Insured: 3. Fee Simple inleres! in the Land described in lhis Commitment is owned, at the Commllment Dale, by H. Michael Bell and Sheryl B. Wilson 4. The Land referred to In this Commitment is described as follows: See exhibit "A" attached hereto and Incorporated herein by reference. Issued through lhe Olice of Belle Isle Law Group, LLC OLD REPUBUC NATIONAL l1TLE INSURANCE COMPANY A Stock Company 400 Second Avenue South. Minneapolis, MinneSDtll65401 (6'2137H111 President SccrcCllry Bell Memorial Park Expansion Parcel 2 All that tract or parcel of land lying and being In Land ~ts 534 and 535 of the lnd District, 2nd Section of Fulton County. Geolllla, within the ety of Milton, and beIng more particularly described as follows: COMMENONG for the same at Fulton County Monument #9874 (l/Z" Rebar) in the rliht-of-way of Thompson Road (60'R/W) north of its Intersection with Bell Park Drive (AKA Hopewell Park Road; SO'R/W); thence running South OS·09'OS" West, a distance of 273.95 feet to a 1/1-Rebar Found on the western rIght-of-way line of said Bell Park. Drive, saId 1/2" Rebar being the POINT OF BEGINNING for the tract herein described; thence running along said Bell Park Drive right-of-way South 00"29'14" West, a distance of 2Z7.43 feet to a point 1.50' east of a 1/2" Rebar Found; thence leaving said Bell Park Drive and running along land now or formerly of Susan T. Hopkli15 North 89·19'29" West, a distance of 263.73 feet to a point; thence South 45·16'15" West, a distance of !91.80 feet to a 3/4" Open Top Pipe Found on the Land lot Line between Land Lots 534 and 535; thence running along said Land Lot Une South 00"43'25" West, a distance of 124.68 feet to a 6"X6" Concrete Monument Found; thence runnlnSlllong land now or formerly of Saradan Properties No.2, LLC South 87·58'36" West, a distance of 287.53 feet to a point on the eastern right-of-way line of HopeweH Road (40' Apparent RlW110.56 feet west of a 11/4" Open Top Pipe Found (Disturbed); thence running along said Hopewell Road right-of-way along a curve to the right for an arc distance of 212.40 feet, said curve haVing a chord bearing of North 15'4748" East and II chord distill nee of 211.56 feet and II radius of 587.00 feet to a point; thence North 24'39'14" East, a distance of 565.45 feet to a 3/4" Rebar found at the intersectlon of the eastern right-of-way of said Hopewell Road with the southern right-of-way of said Thompson Road; thence leaving said Hopewell Road and running illong said Thompson Road right-of-way along a curve to the right for an arc distance of 308.11 feet, said curve having II chord bearing of North 76·47'50" East and a chord distance of 308.10 feet and a radius of 11,766.67 feet to a 1/2" Rebar Found: thence leaving said Thompson Road and running along land now or formerly of Brilln T. Telpen and Hope Elisabeth Haywood South 00·49'14" West, a distance of 150.09 feet to a 1/2" Rebar Found; thence South 89"18'43" East, a distance of 24L67 feet to the POINT OF BEGINNING. Said tract contains 7.0S9acres more or less. Exhibit IIB JI (Vesting Deed Legal) All that tract or parcel of land lying and being in Land Lots 534 and 535, 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: Beginning at an iron pin located at the point of intersection of the east right of way line of Hopewell Road (40 foot right of way) with the southeast right of way line of Thompson Road (60 foot right of way), running thence north 75 degrees 30 minutes east along the southeast right of way line of Thompson Road a distance of 307.94 feet, more or less, to an Iron pin located at the northwest corner of the property described in that Warranty Deed from Hugh W. Bell to Ronald E. Adkins and Connie Adkins dated August 14, 1989, recorded In Deed Book 12764, page 180, Fulton County records; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Adkins property a distance of 150.09 feet to an iron pin; running thence north 89 degrees 18 minutes 00 seconds east along the south line of said Adkins property a distance of 241.72 feet to an iron pin located on the west right of way of Bell Park Road, also known as Hopewell Park Road (50 foot right of way); running thence south along the west right of way line of Bell Park Road a distance of 227.28 feet, more or less, to an iron pin located at the northeast corner of the property described in that Corrective Warranty Deed from Hugh W. Bell to Larry P. Hopkins dated July 14, 1987, recorded in Deed Book 10955, page 1171 Fulton County records; running thence south 89 degrees 17 minutes 60 seconds west along the north line of said Hopkins property a distance of 262 feet to an iron pin; running thence south 43 degrees 57 minutes 06 seconds west along the northwest line of Hopkins property a distance of 391.80 feet to an iron pin; running thence south 00 degrees 33 minutes 13 seconds east along the west line of said Hopkins property a distance of 125 feet to an Iron pin located at the southwest corner of said Hopkins property; running thence south 86 degrees 38 minutes west a distance of 287.7 feet to an iron pin located on the east right of way line of Hopewell Road; running thence northeasterly along the east right of way of Hopewell Road and following the curvature thereof a distance of m.7 feet, more or less, to an iron pin located at the point of intersection of the east right of way line of Hopewell Road with the southeast right of way line of Thompson Road and being the point of beginning. Being a tract of 7.05 acres l more or less, and being improved property with a residence located thereon known as 15165 Hopewell Road under the present system of numbering houses within Fulton County, Georgia. (Parcel 10 Numbers: 22 -5040-0535-017-3; 22 -4880-0534-020-4; 22 .5040·0535-034-8) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE 8 · I Commitment Order No. A120199 REQUIREMENTS The following requirements must be met (a) Pay the agreed amounts for the interest in the Land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (e) Documents saUsfactory to the Company creating the interest in the Land and/or the mortgage to be insured must be signed, delivered and recorded: (1) Quitclaim Deed from H. Michael Bell and Sheryl B. IMIson to City of Milton, Georgia, conveying subject property, per the new survey deed legal shown on Exhibft Aattached herelo must be executed and filed for record. (2) Lim i te d Warranty Oeed from H. Michael Bell and Sheryl B. Wilson to City of Mi~on, Georgia, conveying subject property, per the vesting deed legal shown on Exhibit B attached hereto must be executed and filed for record. (d) You must tell the Company in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (el The Company must be furnished proof!n affidavit form as Io..mo is in possession of lIle Land and under..mat claim. Upon receipt of such proof, Item (c) of Section II will be deleted or amended in accordance willl the facts revealed thereby. (1) _x_The Company must be furnished a cunrent accurate survey and ,urveyor's inspection report on the land. Upon receipt of same, Hem (e) and (I) of Section II will be deleted or amended in accordance with facts shown thereby. (g) The Canpany must be furnished satisfactory proof In affidavit fonn that either (al no improvements, alterations or repairs were made on the property within 95 days prior to ttle date of the making of the affidavH; or (b) all such Improvements, aHeratlons or repairs have been completed and that the agreed price or reasonable value of the labor, services or materials has been paid or waived in Wliling by all persons or entities who provided such labor, services or materials. Upon receipt of this proof, Item (d) of Section II will be deleted or amended In accordance wittl the facts shown thereby. (h) _x_Payment, canceUation, satisfaction or release of: 1. 2012 (22 -5040-0535-034-8) County Taxes due 10/1512012 In the amount of $823.76. 2. 2012 (22 -504().()53S'()34.8) City of MiHon Taxes due 11/5/2012 in ttle amount of $133.22. 3. 2012 (22 ·504()"{)535'()17·3) County Taxes due 10M512012 in the amount of $1,021.51. 4. 2012 (22 ·S04O-0535'()17·3) City of Milton Taxes due 11/512012 In the amount of $165.21. 5. 2012 (22 -4880-0534'()20-4) County Taxes due 10/1512012 in ttle amount of $1,819.53. 6. 2011 (22 -4S80-0S34'()20-4) County Taxes paid $965.80, balance due and delinquent in the amount of $856.84, good through 9/1212012. Base amount of $1,822.64. (i) _x_Satisfactory proof in affidavit form from the buyer and seller, that no broker's services have been engaged with regard to the management, sale, purchase, lease, option or other conveyance of any interest in land, nor any loan secured or to be secured thereby; and that no notice of lien for any such services has been received. In the event ttlat said affidavi~s) contain any qualification with respect to any such services, proof of payment in full for all such services, together with a lien waiver or estoppel letter from such identified broker(s) must be obtained. NOTE: Where the possibility of a right to tile a Broker's Uen(s) is determined, and no lien waiver or estoppel letter is furnished to the Company, the following will appear in the final policy: "Any Broker's lien. or right to aBroker's fien, imposed by law." ORr fonn ~3.! 6A (reviled N2Jl12) Sdledutea ALTA CorIImillll8rt for Tillellll\llllnce6lDl> OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE 8 • II Commitment Order No. A120199 EXCEPTIONS Any porleY we issue wiU have the following exceptions unless they are taken care of \0 our satisfaction. (a) Any change in tHle occurring subsequent to the effective date of this Commitment and prior to the date of issuance of the title policy. (b) All taxes and special assessments, including water. sanitary and other utility bills, for the year 2012 and subsequent years, which are not yet due and payable. together with any and an taxes and special assessments which may become due and payable for the current or previous years, due to, but not limiled to. reassessments, rebUHngs, or errors by tax officials or their agents. NOTE: ParceIID#22504005350173,22488005340204,2250400535034B 1. 2012 (22 -5040-0535-034-8) County Taxes due 10/1512012 In the amount of $823.76. 2. 2012 (22 -5040-0535-034-8) Cily of MiHon Taxes due 11/512012 in the amount of $133.22. 3. 2012 (22 -5040-0535-017-3) County Taxes due 1011512012 in the amount 01$1,021.51. 4. 2012 (22 -5040-0535-017 -3) Cily of Millon Taxes due 111512012 in the amount of $165.21, 5. 2012 (22 -4880·0534-0204) County Taxes due 1011512012 in the amount of $1,819.53. 6. 2011 (224680-0534-0204) County Taxes paid $965.80, balance due and delinquent in the amount of $856.84, good through 9/1212012. Base amount of $1,822.64. (c) Rights or claims of parties in possession. (d) Mechanics', Contractors' or Materialmen's liens and lien claims where no notice thereof in the Public Records. (e) Facts which would be disclosed by a comprehensive survey of the Land. (t) Easements or claims of easements not recorded in the Public Records. (g) No insurance is afforded as to the exact amount of acreage contained in the Land. (h) Covenants, conditions. restriction. easements andlor servitudes appearing In the Public Records. 0) liens for unpaid water bills. sewer, solid waste, sanitation bills and other sums outstanding and owed to a govermnent or governmental authority where no notice thereof appears in the Public Records. Ol Rights of other landowners to the unlnteffiJpted use of any creek or stream crossing the land. (It) Any lease. grant, conveyance. exception or reservation of minerals or mineral rights appearing in the Public Records. Nothing herein shall Insure against loss or damage resulling from subsidence. (I) The 'Prctecting Tenants at Foredoslfe N:J. of 2009: signed and effective May 20, 2009 (P ulllic law 111-22), provides that for renlal properties foreclosed on or after May 20, 2009, a"bona fide" tenant shall receive alleast 90 days nctk:e before they may be evicted. Bona fide tenants are defined as those having no relationship to the landlord. The fsIj is not intended to override state, or municipal law wltich provides ror longer notice pertods. (m) RIGHT-OF·WAY EASEMENT recorded in Deed Book 6582. Page 270, Fulton County Records. (0) RlGHT·Of·WAY EASEMENT recorded in Deed Book 10467, Page 273. Fulton County Records. (0) RIGHT·OF·WAY EASEMENT recorded in Deed Book 6749, Page 421, Fufton County Records. (p) RIGHT·OF·WAY EASEMENT recorded in Deed Book 3617, Page 423, Fullon County Records. (q) EASEMENT recorded in Deed Book 28965, Page 180, Fulton County Records. (r) RIGHT OF WAY DEED recorded In Deed Book 6552, Page 29, Fulton County Records. (s) RIGHT OF WAY DEED recorded in Deed Book 3250. Page 342, Fulton County Records. (t) All matters affecting subjed property as shown on that Boundary &. Topographic Survey for C~y of Millon Bell Memorial Park Expansion, dated July 16,2012 prepared by Benjamin L. Drerup, LS. MAA. of Inland Surveying, LLC ORT Fonn ~3H GA Ira""d 4120121 ~,h"',d. R.H STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION RATIFYING CLOSING DOCUMENTS FOR AND THE CITY’S ACQUISITION OF REAL ESTATE WHEREAS, the City of Milton closed on the acquisition of certain property from Larry P. Hopkins and Susan T. Hopkins on October 2, 2012 as reflected in the closing documents attached hereto and incorporated herein by reference as Exhibit “A” (the “Closing Documents”); WHEREAS, the Mayor and City Council had previously approved the City’s acquisition of the property described in the Closing Documents; and WHEREAS, out of an abundance of caution, the Mayor and City Council now desire to ratify and approve the execution of the Closing Documents on behalf of the City and the City’s acquisition of property thereby. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, that the execution of the Closing Documents on behalf of the City and the City’s acquisition of property as memorialized by the Closing Documents are both hereby ratified and approved by the governing body of the City. RESOLVED this 15th day of October, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) www.bllowgroup.com Corporate Office 178 South Main Street. Suite 250 Alpharetta. Georgia 30009 TEL: 77~664-6699 Fox: 770-664-9989 bl@bllawgroup.com File No.: A 120200 Closing Date: October 2nd, 2012 Borrower(s): City of Milton, Georgia Seller(s): Business Location: Larry P. Hopkins and Susan T. Hopkins 13000 Deerfield Parkway, Suite 107, Milton, GA 30004 Collateral: 15260 Bell Park Drive, Milton, GA 30009 I. LOAN DOCUMENTS 1. Closing Statements ll. ANCILLARY DOCUMENTS 2. Legal Representation Acknowledgment 3. Error and Omissions/Compliance Agreement 4. Survey III. SELLER'S DOCUMENTS 5. Georgia Department of Revenue and Affidavit of Exemption from 3% Withholding 6. Certification for No Infonnation Reporting on the Sale or Exchange of a Principal Residence 7. Affidavit of Seller and Not Me Affidavit 8. Limited Warranty Deed and Quitclaim Deed IV. MISCELLANEOUS 9. Release and Affidavit from Brokers 10. Title Commitment 11. Photo Identification File Number: A120200 Settlement Date: 10/02/12 Proration Date: 10/02/12 SELLER(S): Larry P. Hopkins and Susan T. Hopkins PURCHASER(S): City of Milton, Georgia LENDER: Loan Number: PROPERTY: 15260 Bell Park Drive, Milton. GA 30009 3.057 acres, Land Lot 535. Distr. 2, Sect. 2, Fulton Co., GA CASH DUE FROM PURCHASER(S) 418,256.69 TOTAL CHARGES/CREDITS 428,266.04 428.266.04 have examined the above statement and find it correct and disbursement of proceeds of said loan as indicated above is II"I ..r'.."'\I authorized and directed. of Milton, Georgia '-J.~.DfI-.,;..r~-:-:-_---=,..,.,.--:-:-______October 2nd, 2012 agerb!oom, City Manager "'~L_L."'j.IQ'_"" LAW GROUP, LLC 2nd,2012 By: David Belle Isle, Attorney File Number: A 120200 Settlement Date: 10/02/12 SELLER(S): Larry P. Hopkins and Susan T. Hopkins PURCHASER(S): City of MHton, Georgia LENDER: Loan Number: PROPERTY: 15260 Bell Park Drive, Milton, GA 30009 3.057 acres, Land Lot 535, Distr. 2. Sect. 2, Fulton Co., GA Proration Date: 10102/12 CASH DUE FROM PURCHASER(S) 418,256.69 TOTAL CHARGES/CREDITS 428,266.04 428,266.04 We have examined the above statement and find it correct and disbursement of proceeds of said loan as indicated above is hereby authorized and directed. ICh'iiSt(~:n~tri)iOo~CiiY~~ief-__October 2nd. 2012 Milton, Georgia ~D.E I~W GROUP, LLC I.",--=--:--::-=....,.,....-:-:----=~-__-----October 2nd, 2012 . David Belle Isle. Attorney File Number: A120200 Settlement Date: 10/02/12 Proration Date: 1 0/02112 .. , SELLER(S): Larry P. Hopkins and Susan T. Hopkins PURCHASER(S}~ City of Milton, Georgia LENDER: Loan Number: PROPERTY: 15260 Bell Park Drive, Milton, GA 30009 3.057 acres, Land Lot 535, Distr. 2, Sect, 2. Fulton Co., GA Commission @ 5.00%: 21,250.00 CASH DUE TO SELLER(S) 401,120.53 TOTAL CHARGES/CREDITS 425.715.79 425,715.79 . We have examined the above statement and find It COl1l;lct and disbursement of proceeds of said transaction as Indicated above Is hereby ·;·~~a dJ/e,~October 2nd. 2012 ~~T.Hopkins' lr 2. :'I~:=:-::~-:-::::--::-~===::;;::::;________."'''''.VIJ'''' 2nd, 2012 .'. autho • ed and dl ed :~~?¥.~~~--I:~p;i.~~r--October 2nd, 2012 Larry P. Hopkl . File Number: A 120200 Settlement Date: 10/02/12 Proration Date: 10/02112 : (' SELLER(S): . Larry P. Hopkins and Susan T. Hopkins PLIRCHASER(S): City of Miiton, Georgia LENDER: Loan Number: PROPERTY: 15260 Bell Park DrIve, Milton, GA 30009 3.057 acres, Land Lot 535, Distr. 2, Sect. 2, Fullon Co., GA 21,250.00 CASH DUE TO SELLER{S) 401,120.53 TOTAL CHARGES/CREDITS 425,715.79 425,715.79 We have examined the above statement and lind It correct and dIsbursement of proceeds of said lransacUon as Indicated above is hereby autho' ad and d' ate .. .~~~~~+--...:l:::~~~l.::;:;;;!_October 2nd, 2012 Larry • Hop '~o(.1/···:~ October 2nd, 2012 :'Susan T. Hopkins ~ 'ffi';:;T,;n,;M"iliii~r;A~:;;;;--:Z-"";'-··----'''''''''~'''''''' 2nd,2012 . BELLE ISLE LAW GROUP, LLC ACKNOWLEDGEMENT OF LEGAL REPRESENTATION THE UNDERSIGNED SELLERS ACKNOWLEDGE THAT THE CLOSING ATTORNEY HAS REPRESENTED THE PURCHASER IN THIS TRANSACTION AND THAT SELLERS HAVE BEEN AFFORDED THE OPPORTUNITY TO OBTAIN COUNSEL FOR THEm REPRESENTATION. This, the 2nd day of October, 2011. Seller(s): ERROR AND OMISSIONS I COMPLIANCE AGREEMENT STATE OF GEORGIA COUNTY OF FULTON The Undersigned, for and in consideration of Belle Isle Law Group, LLC (the l'Firm") facilitating the transfer and closing of the real property described in Exhibit "A" attached, agree, if requested by the Firm, to fully cooperate and adjust for clerical errors or omissions, any or all closing documentation if deemed necessary or desirable in the reasonable discretion of the Finn to comply with Federal or State law or prudent legal practices. The Undersigned hereby appoint Belle Isle Law Group, LLC attorney-in-fact to correct any such errors, place initials on documents where corrections are made, and/or sign our names to any document or form. In the event this procedure is utilized, the party involved shall be notified and receive a corrected copy of the changed document from the Settlement Agent Damed above. IN WITNESS WHEREOF, Purchaser has executed this Instrument under seal, as of the 2nd day of October, 2012. The Undersiped: Undersigned" shall refer 10 all persoll5 who sign this Agn::cmcnt, severally and jointly. City of MiltOD, Georgia . Lagerbloom, City Manager ERROR AND OMlSSIONS I COMPLIANCE AGREEMENT STATE OF GEORGIA COUNTY OF FULTON The Undersigned, for and in considemtion of Belle Isle Law Group, LLC (the "Firm") facilitating the transfer and closing of the real property described in Exhibit "An attached, agree, if requested by the Firm, to fully cooperate and adjust for clerical errors or omissions, any or all closing documentation if deemed necessary or desirable in the reasonable discretion of the Finn to cOmply with Federal or State law or prudent legal practices. The Undersigned hereby appoint Belle Isle Law Group, LLC attorney-in-fact to correct any such errors, place initials on documents where corrections are made, andlor sign our names to any document or form. In the event this procedure is utilized, the party involved shall be notified and receive a corrected copy of the changed document from the Settlement Agent named above. IN WITNESS WHEREOF, Seller has executed this Instrument under seal, as of the 26th day of June, 2012. The Undersigned: Undcl'lisned" shall rerer ID all persollS whD sign this Ai\'l:Cmcnl. scvemlly and jointly. ;ill!O r 0,•(D SUBSTITUTE FORM 1099 AND FORM W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER. CERTIFICATION. AND REPORTING INFORMATION Seller: Larry P. Hopldns and Susan T. Hopldns Tax LD. No.: 260968694 for Larry Hopkins and 257025799 for Susan T. Hopkins Purchaser: City ofMilton, Georgia Date of Closing: October 2nd, 2012 Sales Price: $425,000 Subject Property: 15260 Bell Park Drive, Milton, GA 30009, as more particularly described in Exhibit IfA" attached and made a part hereof. Internal Revenue Service regulations requires Seller to furnish the Taxpayer Identification Number of Seller in order to verify any sale of real property, or you may be subject to civil or criminal penalties imposed by law. CERTIFICATION: Under penalties ofpeJjury, the undersigned certifies as follows: 1. The number shown on this form is the taxpayer identification number of Seller (or Seller is awaiting a number to be issued); and 2. The Seller hereby acknowledges that the Internal Revenue Service requires transactions to be reported and accurate disclosure of the above information. 3. That the address for Seller is as follows: 15260 Bell Park Road, Alpharetta, GA 30004 4. That Seller is not considered a "non-resident alienI! for the purposes of United States income taxation, and is not otherwise a "foreign person, II as defined in Section 1445 of the United States Internal Revenue Code of 1986, as amended (the lIeode"); 5. That Seller is making this Certification, in part, pursuant to the provisions of Section 1445 of the Code in connection with the sale of the Subject Property to Purchaser which sale may constitute the disposition by the owner of a United States real property interest, for purpose of establishing that the Purchaser is not required to withhold tax pursuant to Section 1445 of the Code in connection with such disposition; and Seller acknowledges that this document may be disclosed to the Internal Revenue Service by the Purchaser, that this document is made under penalty of peJjury and that any false statement made herein could be punished by fine, imprisomnent, or both. 6. Seller further states that this Certification is also given for the purpose of inducing Purchaser to purchaSe the Subject Property, and shan be relied upon by Old Republic National Title Insurance Company when dealing with the Subject Property. IN WITNESS WHEREOF, Affiant has caused this Certification to be executed under seal on this, the 2nd day of October, 2012. SELLER: ~\? ~\l-~(Seru) Larry P. Hopkij) ~.g.~.,.;;.... (Seal) Susan T. Hopkins Exhibit -Aft (Vesting Deed Legal) All that tract or parcel of land lying and being in Land Lot 535, 2nd District, 2nd Section, Fulton County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found on the westerly right otway of Bell Park Road (formerly known as Hopewell Park Road, having a 50 fool right of way) a distance of 440.34 feet southerly from the intersection of said right of way with the right of way of Thompson Road (having a 60 foot right of way); thence South 00 degrees 33 minutes 13 seconds East 190.0 feet to an Iron pin; thence South 89 degrees 18 minutes 00 seconds West 208.71 feet to an iron pin; thence South 00 degrees 33 minutes 13 seconds East 208.71 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 228.39 feet to a concrete monument; thence South 86 degrees 24 minutes 49 seconds West 99.68 feet to a concrete monument; thence North 00 degrees 33 minutes 13 seconds West 125.0 feet to an Iron pin; thence North 43 degrees 57 minutes 06 seconds East 391.80 feet to an iron pin; thence North 89 degrees 18 minutes 00 seconds East 262.0 feet to an Iron pin found and the point of beginning and being more particularly shown on survey prepared for Larry P. Hopkins and Susan T. Hopkins by Brumbelow-Reese &Assoc., Inc. dated January 28,1988. Parcel ID Number. 22 5040 0535 029 8. GEORGIA WITHHOLDING TAX AFFIDAVIT THIS IS AN AFFIDAVIT MADE UNDER OATH. THE MAKING OF A FALSE STATEMENT WILL SUBJECT THE AFFIANTS TO SEVERE CRIMINAL PENALTIES. Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, Larry P. Hopkins and Susan T. Hopkins (collectively the "Affiant"), who being first duly sworn, depose, and say under oath as follows: 1. Affiant, being the Owners of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), is familiar with and has personallmowledge ofthe matters set forth in this Affidavit. 2. This Affidavit is being given in conjunction with the sale or transfer of the Property described in Exhibit "A" to City of Milton, Georgia (hereinafter referred to as the "Purchaser"). 3. Affiant is aware that Purchaser is required under O.C.G.A. § 48-7-128, to withhold up to 3% of the purchase price unless Seller meets one of the conditions or exemptions set forth below. Affiant herein states that the condition or exemption checked below applies to Sellers: (a) Seller is a resident of the State of Georgia; or (b) Seller is not a resident of the State of Georgia, but is deemed a resident for purposes of withholding by virtue of the following: L\.±.:i.~ Seller has filed Georgia income tax returns or appropriate extensions have been received for the two income tax years immediately preceding the year of sale; and ___ Seller is in business in Georgia and will continue substantially the same business in Georgia after the sale, or Seller has real property remaining in the state at the time of closing of equal or greater value that the withholding tax liability as measured by the 100 percent property tax assessment of such remaining property; and ___ Seller will report this sale on a Georgia income tax return for the current year and file it by its due date; and ___ If Seller is a corporation or limited partnership, it is registered to do business in Georgia. Or (c) Seller is exempt from the withholding requirements of O.C.G.A. § 48-7-128 by virtue of the following: ___The Property is Seller's principal residence. ___ Seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration. ___Seller is an agency or authority of the United States ofAmerica. ___Seller is the Federal National Mortgage Association. ___Seller is the Government National Mortgage Association. ___....:Seller is a private mortgage insurance company. ____The purchase price ofthe property is less than $______ ___,Seller is subject to withholding under O.C.G.A. § 48-7-129, and a composite return has been or will be filed on Seller's behalf. 4. Under penalty of perjury, Affiant swears that the above infoxmation is, to the best of his knowledge and belief, true, correct and complete .. IN WITNESS WHEREOF, Affiant has caused this Affidavit to be executed under seal on this, 2nd day of October, 2012. AFFIANT: (Seal)y~(~ Larry P. Hopki (Seal)~~d.~ Susan T. Hopkins Exhibit"N (Vesting Deed Legal) All that tract or parcel of land lying and being In Land Lot 535, 2nd District, 2nd Section, Fulton County, Georgia, being more particularly described as follows: BEGINNING at an Iron pin found on the westerly right of way of Bell Park Road (formerly known as Hopewell Park Road, having a 50 foot right of way) a distance of 440.34 feet southerly from the intersection of said right of way with the right of way of Thompson Road (having a 60 foot right of way); thence South 00 degrees 33 minutes 13 seconds East 1.90.0 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 208.71 feet to an iron pin; thence South 00 degrees 33 minutes 13 seconds East 208.71 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 228.39 feet to a concrete monument; thence South 86 degrees 24 minutes 49 seconds West 99.68 feet to a concrete monument; thence North 00 degrees 33 minutes 13 seconds West 125.0 feet to an Iron pin; thence North 43 degrees 57 minutes 06 seconds East 391.80 feet to an iron pin; thence North 89 degrees 18 .rnlnutes 00 seconds East 262.0 feet to an iron pin found and the point of beginning and being more particularly shown on survey prepared for Larry P. Hopkins and Susan T. Hopkins by Brumbelow-Reese & Assoc., Inc. dated January 28,1988. Parcel ID Number. 22 5040 0535 029 8. CERTIFICATION FOR NO INFORMATION REPORTING** ON TIlE SALE OR EXCHANGE OF A PRlNCIP AL RESIDENCE This form may be completed by the seller of a principal residence. This information is necessary to determine whether the sale or exchange should be reported to the seller, and to the Internal Revenue Service on Form 1099-S, Proceeds From Real Estate Transactions. Ifthe seller properly completes Parts I and III, and makes a "yes" response to assurances (1) through (4) in Part II, no information reporting to the seller or to the Service will be required for that seller. The term "seller" includes each owner of the residence that is sold or exchanged. Thus, if a residence has more than one owner, a real estate reporting person must either obtain a certification from each owner (whether married or not) or file an information return and furnish a payee statement for any owner that does not make the certification. Part I. SeDer Information 1. Name: LarryP. Hopkins and Susan T. Hopkins 2. Address or legal description (inc1uding city, state, and ZIP code) of residence being sold or exchanged. 15260 Bell Park Drive, Milton, GA 30009 3. Taxpayer Identification Number (TIN): 257025799 Partll. SeDer Assurances Check "yes" or "no" for assurances (1) through (4). No o (1) I owned and used the residence as my principal residence for periods aggregating 2 years or more during the 5-year period ending on the date ofthe sale or exchange of the residence. o (2) I have not sold or exchanged another principal residence during the 2-year period ending on the date of the sale or exchange ofthe residence (not taking into account any sale or exchange before May 7, 1997). o (3) No portion of the residence has been used for business orrental purposes byrne (or my spouseifI am married) after May 6, 1997. o (4) At lellst one of the following three statements applies: The sale or exchange is of the entire residence for $250,000 or less. OR I am married, the sale or exchange is of the entire residence for $500,000 or less, and the galn on the sale or exchange ofthe entire residence is $250,000 or less. OR I am married, the sale or exchange is of the entire residence for $500,000 or less, and (a) I intend to file a joint return for the year of the sale or exchange, (b) my spouse also used the residence as his or her principal residence for periods aggregating 2 years or more during the S·year period ending on the date of the sale or exchange of the residence, and (c) my spouse also has not sold or exchanged another principal residence during the 2-year period ending on the date ofthe sale or exchange of the residence (not taking into account any sale or exchange before May 7, 1997). Part III. Seller Certification Under penalties or perjury, I certify that all the above information is true as ofthe end of the day ofthe sale or exchange. 10102112 Susan T. Hopkins ~~d.~vt~~ CERTIFICATION FOR NO INFORMATION REPORTIN'G** ON THE SALE OR EXCHANGE OF A PRINCIPAL RESIDENCE This form may be completed by the seller of a principal residence. This information is necessary to determine whether the sale or exchange should be reported to the seller, and to the Internal Revenue Service on Form 1099-8, Proceeds From Real Estate Transactions. Ifthe seller properly completes Parts I and ill, and makes a ''yes'' response to assurances (1) through (4) in Part II, no information reporting to the seller or to the Service will be required for that seller. The term "seller" includes each owner ofthe residence that is sold or exchanged. Thus, if a residence has more than one owner, a real estate reporting person must either obtain a certification from each owner (whether married or not) or file an information return and furnish. a payee . statement for any owner that does not make the certification. Part I. Seller Information 1. Name: LarryP. Hopkins and Susan T. Hopkins 2. Address or legal description (including city, state, and ZIP code) of residence being sold or exchanged. 15260 Bell Park Drive, Milton, GA 30009 3. Taxpayer Identification Number (TIN): 260968694 Part IL Seller Assurances Ch.eck "yes" or "no" for assurances (l) through (4). No o (l) I owned and used the residence as my principal residence for periods aggregating 2 years or more during the 5-year period ending on the date of the sale or exchange of the residence. (2) I have not sold or exchanged another principal residence during the 2-year period ending on the date ofthe sale or excbange of the residence (not taking into account any sale or exchange before May 7. 1997). if tl (3) No portion of the residence has been used for business or rental purposes by me (or my spouse if I am married) after May 6, 1997. (4) At least one of the following three statements applies: The sale or exchange is of the entire residence fur 1£250,000 or less. OR I am married, the sale or exchange is of the entire residence for $500,000 or less, and the gain on the sale or exchange of the entire residence is 1£250,000 or less. OR I am married, the sale or exchange is of the entire residence for $500,000 or less, !!Wl (a) I intend to file a joint return for the year ofthe sale or exchange, (b) my spouse also used the residence as his or her principal residence for periods aggregating 2 years or more during the 5-year period ending on the date of the sale or exchange of the residence, and (c) my spouse also has not sold or exchanged another principal residence during the 2-year period ending on the date of the sale or exchange of the residence (not taking into account any sale or exchange before May 7, 1997). Part ill. Seller Certification Under penalties or perjury, I certify that all the above information is true as ofthe end of the day ofthe sale or exchange. ~¥b IOOVI' STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT OF SELLER Personally appeared before me, the undersigned attesting officer, du1y authorized by law to administer oaths, Larry P. Hopkins and Susan T. Hopkins (collectively the "Affiant"), who being first duly swom, depose, and say under oath as follows: 1. That Affiants are the owners of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). Affiant has personal knowledge of the facts sworn to in this affidavit, and has the requisite authority to make the representations and warranties set forth herein, and is familiar with the matters set forth herein. 2. That Seller is in possession, is the owner, and has good and marketable fee simple title in and to the Property subject to those matters, if any, set forth in Exhibit "B" attached hereto and incorporated herein by reference. 3. That there are no pending suits, civil actions, proceedings, judgments, bankruptcies or executions against Seller or against said Property which would affect title thereof. 4. To the Affiant's best knowledge and belief, there are no unpaid or unsatisfied security deeds, mortgages, judgments, liens, claims, taxes, or other encumbrances either in the aforesaid County or any other county in the State of Georgia other than as shown on the Closing Statement of even date herewith. 5. To the Affiant's best knowledge and belief, there is no outstanding indebtedness for equipment, appliances, or other fixtures attached to the Property excepting such liens, which are being paid at closing. 6. That Seller is not, as of the date hereof, a party or parties to any bankruptcy, reorganization, receivership, or insolvency proceeding; and that no part of the Property has been taken in condemnation or other like proceeding, and fmther that there is no such proceeding pending or known to be contemplated. 7. That no improvements or repairs have been made on the Property during the ninety~five (95) days immediately preceding this date; or, in the event that improvements or repairs have been made, that there are no outstanding bills incurred for labor and materials used in making such improvements or repairs on the Property, or for services of architects, surveyors, or engineers incurred in connection therewith. 8. The boundary lines and comers are clearly marked, there are no disputes or claims adverse to the location of said lines and no one is claiming, has claimed or has any right to claim, any right, title or interest in or to said Property. Further, there are no boundary line disputes or encroachments respecting the Property. 9. Seller has paid or will pay all utility bills, incurred by Seller, Seller's tenants, or predecessors in title to the Property, for gas, water, storm and sanitary sewer refuse, electrical and telephone service to the Property through the date of this Affedavit. THIS AFFIDAVIT is made to induce City of Milton, Georgia to purchase the Property identified on Exhibit II A,IT for Belle Isle Law Group, LLC to act as settlement agent for the sale, and for an Old Republic Nati~nal Title Insurance Company to issue a owner's title insurance policy in the amount of $425,000.00. Sworn to and subscribed before me on this 2nd day of October, 2012. AFFIANT:W tl4~s. (80&) Unofficial Witness ,,/ ~~ ~. I ........ .!......-. , . fA./ (Seal) ~ Susan T. Hopkins ? Exhibit ~A· (Vesting Deed Legal) A1llhat tract or parcel of land lying and being in Land Lot 535, 2nd District, 2nd Section, Fulton County. Georgia. being more particularly described as follows: BEGINNING at an iron pin found on the westerly right of way of Bell Park Road (formerly known as Hopewell Park Road, having a 50 foot right of way) a distance of 440.34 feet southerly from the intersection of said right of way with the right of way of Thompson Road . (having a 60 foot right of way); thence South 00 degrees 33 minutes 13 seconds East 190.0 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 208.71 feet to an iron pin; thence South 00 degrees 33 minutes 13 seconds East 208.71 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 228.39 feet to a concrete monument; thence South 86 degrees 24 minutes 49 seconds West 99.68 feet to a concrete monument; thence North 00 degrees 33 minutes 13 seconds West 125.0 feel to an Iron pin: thence North 43 degrees 57 minutes 06 seconds East 391.80 feet to an Iron pin; thence North 89 degrees 18 minutes 00 seconds East 262.0 feet to an iron pin found and the point of beginning and being more particularly shown on survey prepared for Larry P. Hopkins and Susan T. Hopkins by Brumbelow·Reese & Assoc., Inc. dated January 28, 1988. Parcel ID Number: 22 5040 0535 029 8. Exhibit "B" Permitted Exceptions 1. All taxes and special assessmentst including water, sanItary and other ut1l1ty bills, for the year 2013 and subsequent yearst which are not yet due and payable, together with any and all taxes and special assessments which may become due and payable for the current or previous years, due to, but not Hmited to, reassessments, reblilings, or errors bV tax officials or their agents. 2. RIGHT OF WAY DEED recorded In Deed Book 11064, Page 213, Fulton County Records. 3. All matters affecting subject property as shown on that Boundary &Topographic Survey for City of Milton Bell Memorial Park Expansion, dated July 18, 2012 prepared by Benjamin L Drerup, LS, MM, of Inland Surveying, LLC After recording Please forward to: Belle Isle Low Group 178 South Main Street Suite 150 Alpbaretto, GA 30009 770--664-6699 File #: AI10200 STATE OF GEORGIA COUNTY OF FULTON NOT ME AFFIDAVIT RE: Lorry P. Hopkins Personally appeared before me, the undersigned who after being duly sworn. states that all ofthe following is true and correct. based upon their own personal knowledge and belief: I WlllTlUlt that Larry P. Hopkins is not the same person lIS Lany Hopkins, who is liable for the following; Writ of Fieri Facias, First Resolution Investment, Corp vs. Larry Hopkins recorded 311912010 in the amount of $18,355.05 in Book 1567 Page 108. Fulton County, Georgia records. This 2nd day of October, 2012. PREPARED BY & RETURN TO: David Belle Isle Belle Isle Law Group, LLC 176 S. Main Street, Suite 250 Alpharetta, GA 30009 STATE OF GEORGIA COUNTY OF FULTON LIMITED WARRANTY DEED THIS INDENTURE is made as of October 2nd, 2012, between Larry P. Hopkins and Susan T. Hopkins (hereinafter referred to as "Grantor") and The City of Milton, Georgia (hereinafter referred to as IlGrantee") ("Grantor" and "Grantee" to include their respective heirs, successors, executors, administrators, legal representatives and assigns where the context requires or permits) . WIT N E SSE T H GRANTOR, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto Grantee all that tract or parcel of land lying and being in Land Lot 535 of the 2nd District, 2nd Section of Fulton County, Georgia (hereinafter referred to as the "Landt') as more particularly described in the attached Exhibit IlA", which Exhibit is incorporated herein by reference. TO HAVE AND TO HOLD the Land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of Grantee forever in FEE SIMPLE, but subject to the matters (hereinafter referred to as the "Permitted Exceptions") set out in Exhibit "au attached hereto and by reference made a part hereof. AND GRANTOR WILL WARRANT and forever defend the right and title to the Land unto Grantee against the claims of Grantor and all others claiming by, through or under Grantor. EXECUTED under seal as of the date above. GRANTOR: {Seal}~d'~0-Susan T. Hopkins Signed, sealed and delivered in my presence, this 2nd day of October, 2012 Notary Public [NOTARY SEAL] [SIGNATURES CONTINUED ON FOLLOWING PAGE] [SIGNATURES CONTINUED FROM PRECEDING PAGE] This document is executed by Grantee solely for the purpose of confirming that this conveyance was approved by official action of Grantee1s City Council in a meeting held on September 5, 2012 and reflected in the official minutes of the meeting on file in the office of the Clerk of Grantee. GRANTEE: Cit n, Georgia Lagerb1oom, City Manager (SEAL) Attest: Signed, sealed and delivered in my presence, this 2nd day of October 012 APPROVED AS TO FORM: Paul N. Higbee, Jr., City Attorney /.11 Exhibit "A" to Limited Warranty Deed (Vesting Deed legal) All that tract or parcel of land lying and being in land Lot 535, 2nd District, 2nd Section, Fulton County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found on the westerly right of way of Bell Park Road (formerly known as Hopewell Park Road, having a 50 foot right of way) a distance of 440.34 feet southerly from the intersection of said right of way with the right of way of Thompson Road (having a 60 foot right of way); lhence South 00 degrees 33 minutes 13 seconds East 190~O feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 208.71 feet to an Iron pin; thence South 00 degrees 33 minutes 13 seconds East 208.71 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 228.39 feet to a concrete monument; thence South 86 degrees 24 minutes 49 seconds West 99.68 feet to a concrete monument; thence North 00 degrees 33 minutes 13 seconds West 125.0 feet to an iron pin; thence North 43 degrees 57 minutes 06 seconds East 391.80 feet to an Iron pin; thence North 89 degrees 18 minutes 00 seconds East 262.0 feet to an iron pin found and the point of beginning and being more partIcularly shown on survey prepared for Larry P. Hopkins and Susan T. Hopkins by Brumbelow-Reese & Assoc., Inc. dated January 28, 1988. ParcellD Number: 22 5040 0535 029 8. Exhibit liB" Permitted Exceptions 1. All taxes and special assessments, including water, sanitary and other utility bIlls, for the year 2013 and subsequent years, which are not yet due and payable, together with any and all taxes and special assessments which may become due and payable for the current or previous years, due to, but not limited to, reassessments, reblllings, or errors by tax officials or their agents. 2. RIGHT OF WAY DEED recorded In Deed Book 11064, Page 213, Fulton County Records. 3. All matters affecting subject property as shown on that Boundary & Topographic Survey for City of Milton Bell Memorial Park Expansion, dated July 18, 2012 prepared by Benjamin L Drerup, LS, MAA, of Inland Surveying, llC Please return recorded Deed 10: Belle Isle Law Group, LLC 178 South Main Street, Suite 250 Alpharetta. GA 30009 QUITCLAIM DEED STATE OF GEORGIA COUNTY OF FULTON THIS INDENTURE, made the 2nd day of October, 2012, between Larry P. Hopkins and Susan T. Hopkins as party or parties of the first part, hereinafter called Grantor, and City of Milton, Georgia. as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the contex.t requires or pennits). WITNESSETII that: Grantor, for and inconsideration of the sum of one dollar ($1.00) and other valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, by these presents does hereby remise, convey and forever QUITCLAIM unto the said Grantee: ALL THAT TRACT OR PARCEL OF LAND described on Exhibit "An attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the said described premises to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to said premises or appurtenances, or any rights thereof. IN WITNESS WHEREOF, Grantor has signed and sealed this deed, the day and year first above written. Signed, sealed and delivered in the presence of: ~?~"(SEAL)L:L 0Pkin -/ /~'V~~~"'~(SEAL) Susan T. Hopkins Wlkk [SIGNATURES CONTINUED ON FOLLOWING PAGE1 Bert Memorial Park Expansion Parcell All that tract or parcel of land lying ilnd being In land Lot 535 of the 2001 Ol5trlct, 2001 Section of Fulton County, GeorgIa, Within the City of Milton, and being mors·partlculariV desutbed as follows: COMMENCING for the same at Fulton County Monument 1I9874 (1/2" Reb.rlln the rIght-of-way of Thompson Road 16O'R/Wl north of Its Intersection with Ben Park Drive (AKA Hopewell Park Road; 50'R/Wl; thRnce running South 05'09'05' West, a distance of 273.95 feet to a 1/2" Rebar Found on the westem right-of-way Une of· saId 8ell Park Drive; thence running along said 8ell Park Drive right-of-way South 00'29'14' West, a distance of 227,43 feet to a point 1.50' east of a 1/2· Rebar Found, said point belne the POINT OF BEGINNING for the tract herein described; thence continuing along said Bell Park Drive rl8ht-of-way Souttl 00'29'14" West, a distance of 190.13 feet to a point 0.80 feel west of a 1/2" Rebar Found; thence tea'\/lng said Bell Park Drive ind runnlne810ng land now or formerly of the Oty of Milton North 89'15'11" West, a distance of 207.80 feet to a 1/2" Rebar; thence South 01'44'15" West, a distance of 208.63 feal to a 1" Open Top Pipe Found; thllRce North 89'18'32' West, a dl5tanc;e of 21l1.4S feet to a '")(&. Concrete Monument Found; thence running alone land now or formerly of Saradan Properties No.2, llC South 87°45'31" West, a dlstllnce of 99.56 feet to a 6"X6" Concrete Monument found on the land Lot Une between land Lots 534 and 535; thenc;e running alons said land Lot Une and land now or formerly of H. Mlchul Bell and Sheryl 8. Wilson North 00"43'25· East, a distance of 124.68 feet to a 3/4" OPIIR Top Pipe Found; thence continuing alon8 land now or formerly of H. Michael Bell and Sheryl 8. Wilson North 45"16'16' East, a distance of 391.80 feet to I point; thence South 89'19'29· East, a dIStance of 263.73 feet to the POllllT OF BEGINNING.. Said tract contains 3.057 aCfl!$ more or less. RELEASE AND AFFIDAVIT REGARDING CQMISSIONS STATE OF GEORGIA COUNTY OF FULTON THIS AFFIDAVIT REGARDING BROKERS (the "Affidavit") is made this 2nd day of October, 2012 by and between City of Milton. Georgia ("Purchaser"), Larry P. Hopkins and Susan T. Hopkins ("Seller'~, and Power Realty Partners, LLC ("Listing Broker"). WHEREAS, Purchaser and Seller have entered into that certain Agreement for Sale of Realty (the "Contract") for the purchase and sale of the real property, as more particularly described in Exhibit "An attached (the "Property"); WHEREAS, Listing Broker is a licensed Georgia real estate broker and has been retained by and represents Seller. as broker, in connection with the sale of the Property by Seller to Purchaser; WHEREAS, The purpose of this Affidavit is waive and release any and a111ien rights of any broker, excepting Listing Broker granted pursuant to the Commercial Real Estate Broker Lien Act (the "Actlt) (O.C.G.A. §44-14-600 et seq.); NOW THEREFORE, in consideration of the inducement of Old Republic Title Insurance Company to issue its policy of title insurance insuring the Purchaser in the Property and without exception other than the Permitted Title Exceptions, and to induce Belle Isle Law GrOUP7 LLC to act as settlement agent, the undersigned aver as follows: THAT. Purchaser and Seller each hereby represent and warrant to the other that they have not dealt with, any real estate broker, agent or salesman other than Listing Broker so as to create any legal right or claim in any such broker. agent or salesman other than Listing Broker for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of the Contract or the conveyance of the Property by Seller to Purchaser; THAT, All parties hereto acknowledge that Seller agrees that Seller shall pay to Listing Broker upon, but only upon, consummation of the purchase and sale of the Property, a real estate brokerage commission upon the terms of the applicable commission agreement(s); THAT, Purchaser has no obligation to Seller or Listing Broker for payment of any commission whatsoever; THAT, Listing Broker agrees to look solely to Seller, and not to Purchaser, for the payment of such commission; and THAT, Listing Broker herby releases forever any lien or claim against the Property and hereby releases any claim against Seller or Purchaser with respect to any claim for a commission as to the Property, IN WITNESS WHEREOF, the parties hereto have duly signed, sealed and delivered this Affidavit as ofthe date first set forth above. BY: ~~~~~--~----~~---------- SELLER: Unoffic' ~) Exhibit "A" (Vesting Deed Legal) All that tract or parcel of land lying and being In Land Lot 535, 2nd District, 2nd Section, Fulton County, GeorgIa, being more particularly described as follows: BEGINNING at an Iron pin found on the westerly right of way of Bell Park Road (formerly known as Hopewell Park Road, having a 50 foot right of way) a distance of 440.34 feet southerly from the Intersection of said right of way with the right of way of Thompson Road (having a 60 foot right of way); thence South 00 degrees 33 minutes 13 seconds East 190.0 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 208.71 feet to an Iron pin; thence South 00 degrees 33 minutes 13 seconds East 208.71 feet to an Iron pin; thence South 89 degrees 18 minutes 00 seconds West 228.39 feet to a concrete monument; thence South 86 degrees 24 minutes 49 seconds West 99.68 feet to a concrete monument; thence North 00 degrees 33 minutes 13 seconds West 125.0 feet to an iron pin; thence North 43 degrees 57 minutes 06 seconds East 391.80 feet to an Iron pin; thence North 89 degrees 18 minutes 00 seconds East 262.0 feet to an iron pin found and the point of beginning and being more particularly shown on survey prepared for Larry P. Hopkins and Susan T. Hopkins by Brumbelow-Reese & Assoc., Inc. daled January 28,1988. Parcel ID Number: 22 5Q40 0535 029 8. Bell Memorial Park Expansion Parcell All that tract or parcel of land lying and being In Land tot 53S of the 2Ad District, till Section of Fulton County. Georgia, within the City of Milton, and beIng more particularly described as follows: COMMENCING for the same at Fulton County Monument #9874 (1/2" Rebar) In the right-of-way of Thompson Road (6O'R/W) north of Its Intersection with Bell Park Drive (AKA Hopewell Park Road; SO'R/W);. thence running South OS·09'OS· West, II distance of 273.95 feet to a 1/2" Rebar Found on the western right-of-way line of.sald Bell Park Drive; thence running along said Bell Park Drive right-of-way South 00'29'14" West, a distance of 227.43 feet to a poInt 1.50' east of a 1/2" Rebar Found, said point being the POINT OF BEGINNING for tne tract hereln described; thence continUing along saId Bell Park Drive right-of-way South 00"29'14" West, a dlstant:e of 190.33 feet to a point 0.80 feet west of a 1/2" Rebar Found; thence leaving saId Bell Park Drive and running along land now or fOimerly of the City of Milton North 89"15'11" West, a distance of 207.80 feet to a 1/2" Rebar: thence South 01"44'15" West, a distance of 208.63 feet to a 1-Open Top Pipe Found; thence North 89°18'32" West, a distance of 228.45 feet to 8 6"X6" Concrete Monument Found; thence running along land now or formerly of Saradan Properties No.2, LLC South 87°45'31" West, a dlstanClt of 99.56 feet to a S/lXS-Concrete Monument Found on the land Lot Une between land Lots 534 and 535; thence running along saId land Lot Une and land new or fonnerly of H. Michael Bell and Sheryl 8. WUson North 00"43'25" East, a dIstance of 124.68 feet to II 3/4" Open Top PIpe Found; thence continuing along land new or formerly of H. Michael Bell and Sheryl B. Wilson NOith 45°16'16" East, a distance of !91.80feet to a point; thence South 89"19'29 M East, a distance of 263.73 feet to the POINT OF BEGINNING. Said tract contains 3.057 acres more or less. www.bllowgroup.com David C. Belle Isle AlpharettaCorporate Office 178 South Main street. Suite 250 Alpharetta, Georgia 30009 TEL: 77Q.664-6699 Fax; 770-664-9989 bt@bllowgroup.com October 2, 2012 Fulton County Tax Commissioner 141 Pryor Street, Suite 1113 At1ant~ GA 30303 RE: Seller: Larry P. Hopkins and Susan T. Hopkins Borrower: City of Milton, Georgia Property: 15260 Bell Park Drive, Milton, GA 30009 Map # 22-5040-0535-029-8 Dear Tax Commissioner: Enclosed please find our check in the amount of$2,518.62 representing payment ofthe outstanding 2012 State of Georgia and Fulton County ad valorem taxes due on the above referenced property for Map Reference No. 22-5040..0535-029-8 Please process this tax pa:yment and return a paid receipt to my attention along with a copy of this letter as soon as possible. If you have any questions, please give me a call. With best regards, BELLE ISLE LAW GROUP, LLC Liz Pierce Legal Assistant Enclosure NEED LIST IN FILE ./PICTURED> SIGNED COMMITMENT LETTER AUTHORIAZATION RESOLUTION OPERATING AGREEMENTIBYLA WS PHASEIE~ONMENTAL SURVEY 'trr: rJ-s Gr-h'to OPINION OF COUNSEL CERTDITCATE OF OCCUPANCY SOIL TREATMENTINEW CONSTRUCTION HAZARD INSURANCE LIABILITY INSURANCE CONTRACT· ORIGINAL LEASE SNDAlTENANT ESTOPPEL POWER OF ATTORNEY BROKER AFFIDAVIT OTHER: Bell Memorial Park Expansion Parcell All that tract or parcel of land lying and beIng In Land Lot 535 of the 2"<1 District, 2nd Sectron of Fulton County. Georgia, within the City of MUton, and being more particularly described as follows: COMMENCING for the same at Fulton County Monument 119814 (1/2" Rebar) In the right-of-way of Thompson Road (60'R/W) north of Its Intersection with Bell Park Drive (AKA Hopewell Park Road; 50'R/W); thence running South OS"09'05" West, a distance of 213.95 feet to a 1/2" Rebar Found on the westem right-of-way line of said Bell Park Drive; thence running along said Bell Park Drive right-of-way South 00'29'14" West, a dIstance of 221.43 feet to a point 1.50' east of a 1/2" Rebar Found, said point being the POINT OF BEGINNING for the tract herein described; thence continuing along said Bell Park Drlve right-of-way South 00'29'14" West, a distance of 190.33 feet to a point 0_80 feet west of a 1/2" Rebar Found; thence leaving said Bell Park Drive and running along land now or formerly of the City of Milton North 89"15'11" West, a distance of 201.80 feet to a 1/2" Rebar; thence South 01"44'15" West, a distance of 20B.63 feet to a 1 N Open Top Pipe Found; thence North 89"18'32" West, a distance of 22B.45 feet to a 6"X6" Concrete Monument Found; thence running along land now or formerly of Saradan Properties No.2, llC South 87"45'31" West, a distance of 99.56 feet to a 6H X6-Concrete Monument Found on the Land Lot Line between land lots 534 and 535; thence running along said Land Lot line and land now or formerly of H. Michael Bell and Sheryl B. Wilson North 00'43'25" East, a distance of 124.68 feet to a 3/4" Open Top Pipe Found; thence continuing along land now or formerly of H. Michael Bell and Sheryl B. Wilson North 45'16'16" East, a distance of 391.80 feet to II pOint; thence South 89'19'29" East, a distance of 263.13 feet to the POINT OF BEGINNING. Said tract contains 3.057 acres more or less. Commitment for litle Insurance *** **~ * *~ * Issued By Old Republic National Title Insurance Company * ** ** Old Republic National Title Insurance Company, a Minnesota corporation ["CompanY"l, for avaluable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the Proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and Band to the Conditions of this Commitment This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six 16} months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANYIssued lhrougb /he Office Df A Stack Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (6121371-1111 President Aurhorillld Signatory Secrstary ORT Form 430& ALTA Commilrnlwlllc:r TlUa Insurance 610& Old Republic Nationallitle Insurance Company SCHEOULEA COMMITMENT Agenl File Number. A120200 _Residential ~xjlon·residenUai County: Fulton 1. Effective Date: 8120112 at 8:00 a.m. 2. Policy or Policies to be Issued: ALTA Owners Poley Siandard Form 6117106 $425,000.00 Pro!XIsed Insured: City of Milton, Georgia ALTA Loan Policy Standard Form 6117106 Proposed Insured: 3. Fee Simple Interest In the land descr1bed In this commitment Is O'M1ed, at the CommilmenlDale, by Larry P. Hopkins and Susan T. Hopkins 4. The land referred to in Ihis Commitment is described as fclows: See exhibit "A" attached hereto and Incorporated herein by reference. Issued IhtOlJgb theOfb of Belle Isle Law Group, LLC OLD REPUBUC NATIONAL Tnl.E INSURANCE COMPANY A Stock Company 4DO Second Avenue South. Minneapolis. Minnesota 55401 (612J 371-rm OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE 8 I II Commitment Order No. A120200 REQUIREMENTS The following requirements must be met (s) Pay Ihe agreed amounts for Ihe interest in the Land and/or the mortgage 10 be insured. (b) Pay us the premiums, fees and charges for lhe policy. (e) Documents satisfactory to the Company creating the interest in the land and/ar the mortgage to be insured musl be signed, delivered and recorded: (1) Quitclaim Deed from Larry P. Hopkins and Susan T. Hopkins to City of Milton, Georgis, conveying subject property, per the new survey deed legal shown on ExhibH A attached hereto must be executed and filed for record. (2) Limited Warranty Deed from Larry P. Hopkins and Susan T. Hopkins to City of Millon, Georgia, conveying sublect property, per the vesting deed legal shown on ExhibH Battached hereto must be executed and Hied for record. (d) You must tell the Company in writing the name of anyone not referred to in this Commitment who will get an Interest in the Land or who will make a loan on Ihe Land. We may then make additional requirements or exceptions. (e) The Company must be furnished proof in affIdavit tonn as to who is in possession of the land and under what claim. Upon receipt of such proof, Item (c) of Section II will be deleted or amended in accordance with the facts revealed thereby. (f) _x _The Company must be furnished a currenl accurate survey and surveyor's inspection report on the Land. Upon receipt of same, Item (e) and (0 of Section II will be deleted or amended in accordance with facls shown thereby. (g) The Ccmpany must be furnished satisfactory proof in affidavit fOITT\ that either (a) no improvements, alterations or repairs were made on the property within 95 days prior to the dale of the making of the affidavit; or (b) all such improvements, aHeralions or repairs have been completed and that the agreed price or reasonable value of Ihe labor, services or materials has been paid or waived in writing by aU persons or entities who provided such labor, services or materials .. Upon receipt of this proof, ltem (d) of Secllon It will be deleted or amended in accordance with the facts shown thereby. (h) x_Payment, cancellation, satisfaction or release of: 1. 2012 Slate of Georgia and Fulton Counly Taxes due 10115112 in the amounl of$2,51B.62. 2. 2012Cily of Millon Taxes due 11105112 in lheamount of $392.29. (i) _x _ Proof satisractory to the Company In the fOIlTl of an affidavit must be furnished that the Larry Hopkins shown in that certain Writ of Fieri Fadas, First Resolution Investment, Corp vs. Larry Hopkins recorded 311912010 In the amount of $18,355.Q5In Book 1567 Page 108, Fulton County, Georgia records, is not one and the same person as the Larry P. Hopkins that is an owner of subject property. (i) _x_Satisfactory proof in affidavit fonm from the buyer and seller, that no broker's services have been engaged with regard to the management, sale, purchase, lease. option or other conveyance of any interest in Land, nor any toan secured or to be secured thereby; and that no notice of lien for any such services has been received. In the event that said affidavi~sl contain any qualification with respect to any such services, proof of payment in full for all such services, together with a lien waiver or estoppel letter from such Identified broker(s) must be obtained. NOTE: Where the possibility of a right to file a Broker's llen(s) is determined, and no lien waiver or estoppel reHer is furnished to the Company, the following will appear in the final policy: "Any Broker's lien, or right to a Broker's lien, imposed by law: ORI Form QQI GA ~evlled o\I2G121 SCl\edUltB AI..Til. COlIImltmenllor Tille Insurance 8106 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE B·11 Commitment Order No. A120200 EXCEPTIONS Any poRcy we issue will have Ihe foRowing exceptions unless they are laken cars of to our satisfaction. (a) Any change in title occurring subsequent to the effective date of this Commitment and prior to the date of issuance of the title policy. (b) All taxes and special assessments. including water, sanitary and other utility bills, for the year 2013 and subsequent years, which are not yet due and payable, logether with any and all taxes and special assessments which may become due and payable for the current or previous years, due to, but not limited to, reassessments, rebillings, or errors by tax officials or their agents. NOTE: Parcel 10 #22-5040-0535-029-8 2012 City Taxes are due and payable in the sum of $ 392.29. 2012 Slate and Fulton County Taxes due and payable in the sum of $2516.62 (c) Rights or claims of parties in possession. (d) Mechanics', Contractors' or Materialmen's Hens and lien claims where no notice thereof in Ihe Public Records. (e) Facts which would be disclosed by a comprehensive survey of the Land. (f) Easements or claims of easements not recorded in the Public Records. (g) No insurance Is afforded as to the exact amount of acreage conlained In the Land. (hI Covenants, conditions, restriction, easements and/or servitudes appearing in the Public Records. U) Liens for unpaid water bills, sewer, solid waste, sanitation bills and alher sums outstanding and owed 10 a government or governmental authority where no notice thereof appears in the Public Records. OJ Rights of other landowners to the uninterrupted use of any creek or stream crossing the land. (k) Any lease, grant, conveyance, exception or reservaHon of minerals or mineral rights appearing In the Public Records. Nothing herein shall Insure against loss or damage resulting from subsidence. (I) The 'Protecting Tenants at Foreclosure Act of 2009,' signed and effective May 20, 2009 (Public Law 111·22). prtWides thal for rental properties foreclosed OIl or after May 20, 2009. a'bona fide' tenant shall receive alleas! 90 days notice before they may be evicted. Bona fide tenants are defined as lhase having rIG relationship to the landlord. The Act is not in!ended to override state, or municipal law which provides for longer notice periods. (m) RIGHT OF WAY DEED recorded in Deed Book 11064, Page 213, FlAten County Records. (n) All matters affecting subject property as shown on that Boundary &Topographic Survey for City of Milton Bell Memoral Part ExpanSion, dated July 18,2012 prepared by Benjamin L. Orerup. LS, MAA, of Inland Surveying. LLC ORI FIIIl1I G8I GA reviled 412112) SchecIule B-II ALTA CommilMenllcr Tille Insutallce 6/06 Bell MemorIal Park Expansion Parcell All that tract or parcel of land lying and being In Land Lot 535 of the 2"" District, 2"" Section of Fulton County, Georgia, wllhln the City of Milton, and beIng more particularly described as follows: COMMENCING for the same at Fulton County Monument 119874 (1/2" Rebar) in the right-of-way of Thompson Road IGO'R/W) north of its Intersection with Bell Park Drive (AKA Hopewell Park Road; SO'R/W): thence running South 05°09'05" West, a distance of 273.95 feet to a 1/2" Rebar Found on the western right-of-way line of said Bell Park Drive; thence running along said Bell Park Drive right-of-way South 00"29'14" West, II distance of 227.43 feet to II point 1.50' east of 11 1/2" Rebar Found, said point being the POINT OF BEGINNING for the tratt herein described; thence continuing along said Bell Park Drive right-of-way South 00'29'14" West, a distance of 190.33 feet to a point 0.80 feet west of a 1/2" Rebar Found; thence leaving said Bell Park Drive and running along land now or formerly of the City of Milton North 89'15'11" West, a distance of 207.80 feet to a 1/2" Rebarj thence South 01°44'15" West, a distance of 208.63 feet to iI 1" Open Top Pipe Found; thence North 89°18'32" West, a distance of 228.45 feet to Ii 6uX6 u Conerete Monument Found; thence running along land now or formerly of Sara dan Properties No.2, UC South 87°45'31" West, a distance of 99.56 feet to a 6"X6" Concrete Monument Found on the Land Lot Une between Land Lots 534 and 535j thence running along said land lot Line and land now or fonneriy of H. Michael Bell and Sheryl B. Wilson Nonh 00"43'25" East, I distance of 124.68 feet to a 3/4" Open Top Pipe Found; thenee continuing along land now or formerlv of H. Michael Bell and Sheryl B. Wilson North 45"16'16" East, a distance of 391.80 feet to a point; thence South 89"19'29" East, a distance of 263.73 feet to the POINT OF BEGINNING. Said tract contains 3.057 acres more orless. Exhibit "S" (Vesting Deed Legal) All that tract or parcel of land lying and being In Land Lot 535, 2nd District, 2nd Section, Fulton County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found on the westerly right of way of Bell Park Road (formerly known as Hopewell Park Road, having a 50 foot right of way) a distance of 440.34 feet southerly from the intersection of said right of way with the right of way of Thompson Road (having a 60 foot right of way); thence South 00 degrees 33 minutes 13 seconds East 190.0 feet to an iron pin; thence South 89 degrees 18 minutes 00 seconds West 208.71 feet to an iron pin; thence South 00 degrees 33 minutes 13 seconds East 208.71 feet to an Iron pin; thence South 89 degrees 18 minutes 00 seconds West 228.39 feet to a concrete monument; thence South 86 degrees 24 minutes 49 seconds West 99.68 feet to a concrete monument; thence North 00 degrees 33 minutes 13 seconds West 125.0 feet to an iron pin; thence North 43 degrees 57 minutes 06 seconds East 391.80 feet to an iron pin; thence North 89 degrees 18 minutes 00 seconds East 262.0 feel to an iron pin found and the point of beginning and being more particularly shown on survey prepared for Larry P. Hopkins and Susan T. Hopkins by Brumbelow-Reese & Assoc., Inc. dated January 28, 1988. Parcel ID Number: 22 5040 0535 029 8. 1 STATE OF GEORGIA COUNTY OF FULTON LEASE CONTRACT THIS LEASE CONTRACT between CITY OF MILTON, GEORGIA (hereinafter referred to as “Lessor”) and LARRY HOPKINS and SUSAN T. HOPKINS (hereinafter referred to collectively as “Lessee”). W I T N E S S E T H That in consideration of the mutual covenants hereinafter set forth, the parties do hereby covenant and agree as follows: Premises and Term Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor the property, including a residence located thereon, located at 15260 Bell Park Drive, Milton, GA 30009 in Fulton County (hereinafter referred to as the “Premises”) for a term of six (6) months commencing on October 3, 2012 and terminating on April 3, 2013. Rent For use of the Premises, Lessee shall pay to Lessor rent in the amount of Ten Dollars and Zero Cents ($10.00) per month. Utilities/Repairs Lessee shall pay for all utilities for the Premises. Lessee shall be responsible for all daily minor upkeep and repairs at the Premises, provided that Lessor shall be responsible for major repairs, such as HVAC, the roof, the water heater and other major appliances, and exterior siding. Use of Premises; Maintenance The Premises shall not be used in violation of any laws, ordinances, restrictions or regulations of any governmental body, nor so as to create a nuisance, nor to vitiate or increase the rate of insurance thereon. Lessee accepts the Premises in its present condition. Lessee shall make no alteration of the Premises. Lessee shall permit Lessor’s agents and employees at all reasonable times and on reasonable notice to enter upon the Premises to view the condition of the Premises; Lessee shall accompany Lessor’s agents/employees during any such inspection. Lessee shall maintain the Premises in good condition and repair and shall do no damage thereto. No combustible goods or materials that would increase the risk of fire shall be kept or placed in 2 Storage areas on the Premises. Storage in such areas shall be at Lessee’s risk, and Lessor shall not be responsible for any resulting loss or damage. Should Lessee keep any pet(s) at the Premises, Lessee shall be solely responsible for the actions of such pet(s), shall responsibly care for and monitor such pet(s), and shall be solely responsible for any damage to any property or any person caused by such pet(s). Indemnity Lessee shall be liable for, indemnify and hold Lessor harmless from any claim that might arise against Lessor as a result of occupancy of the Premises by Lessor, including but not limited to claims of damage or injury to the person or property of Lessee or Lessor, or any other party whatsoever due to the act or neglect of Lessee, any guest, licensee or invitee of Lessee, or anyone in Lessee’s control or employ or brought onto the Premises by Lessee or any damage or injury due to any failure of Lessee to report in writing to Lessor any defective condition of the Premises. Lessee agrees to maintain in effect reasonable renter’s insurance regarding the Premises for the entire duration of this Lease. Waiver of Subrogation Lessee hereby waives any and all rights against Lessor for damage to property that is required to be insured by Lessee under the terms of this Lease Contract. Assignment and Subletting Lessee shall not assign this Lease Contract or sublet or rent the Premises or any part thereof or secure a replacement for Lessee hereunder, except regarding the Subtenants pursuant to the terms of this Lease Contract. Surrender of Premises Whenever under the terms hereof Lessor is entitled to possession of the Premises, Lessee shall at once surrender the Premises to Lessor and Lessor may forthwith re-enter the Premises and repossess itself thereof, removing all persons and effects therefrom and using such force as may be necessary, without being guilty of forcible entry or detainer tr espass or other tort. Lessee shall not remain in possession of the Premises after the expiration of the final term of this Lease Contract, but shall peacefully and quietly leave, surrender and yield up to Lessor all of the leased Premises in as good order and repair as upon the date of the commencement of the term of this Lease Contract, reasonable wear and tear only excepted. Any holding of the Premises by Lessee after the expiration of this Lease Contract shall not constitute a tenant -at-will interest on behalf of Lessee, but Lessee shall be a tenant at sufferance. There shall be no renewal or extension of this Lease Contract either orally or by operation of law. Service of Notices All notices, writings or correspondence as required by this Lease Contract shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or 3 (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: Lessee: 15260 Bell Park Drive Milton, GA 30009. Lessor: City Manager 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004. With a copy to: Ken E. Jarrard, Esq. Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 Miscellaneous This Lease Contract and its attachments contain the entire agreement of the parties and no representation, inducement, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Lessor to exercise any power given Lessor hereunder, or to insist upon strict compliance by Lessee with any obligation hereunder, including without limitation any acceptance of partial payments of rental or other amounts due hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Lessor’s right to demand exact compliance with the terms hereof. Time is of the essence of this Lease Contract; all references to any notice required to be given or due dates for rental payments shall be strictly construed. Lessee’s rights under this Lease Contract shall be subject to any bona fide mortgage or deed to secure debt which is now or may hereafter be placed upon the Premises. All rights, powers, and privileges conferred hereunder upon the parties hereto shall be cumulative, but not restrictive to those given by law. Further, any provisions of this Lease Contract which are determined to be void or against public policy by any court of law shall not affect the validity of the remain der of this Lease Contract. All headings and sub-headings employed within this Lease Contract and any attachments hereto are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Lease Contract. Attorney’s Fees 4 Lessee agrees to reimburse Lessor for any expenses, including but not limited to attorney fees, incurred by Lessor in enforcing the terms of this Lease Contract against Lessee. IN WITNESS WHEREOF the parties have executed or caused this Lease Contract to be executed by authorized officials in duplicate, the day and year first above written. LESSEE: ________________________________ Larry Hopkins ________________________________ Susan T. Hopkins This ____ Day of _____________, 2012 SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ ESSOR: CITY OF MILTON, GEORGIA BY: _________________________________________ Joe Lockwood, Mayor [CITY SEAL] This ____ Day of _____________, 2012 5 [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ 1 STATE OF GEORGIA COUNTY OF FULTON LEASE CONTRACT THIS LEASE CONTRACT between CITY OF MILTON, GEORGIA (hereinafter referred to as “Lessor”) and DOUG SMITH (hereinafter referred to as “Lessee”). W I T N E S S E T H That in consideration of the mutual covenants hereinafter set forth, the parties do hereby covenant and agree as follows: Premises and Term Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor the property, including a residence located thereon, located at 15315 Thompson Road, Milton, GA 30004 in Fulton County (hereinafter referred to as the “Premises”) for a term of three (3) months commencing on October 3, 2012 and terminating on January 3, 2013. Rent For use of the Premises, Lessee shall pay to Lessor rent in the amount of Four Hundred Dollars and Zero Cents ($400.00) per month. Utilities/Repairs Lessee shall pay for all utilities for the Premises. Lessee shall be responsible for all daily minor upkeep and repairs at the Premises, provided that Lessor shall be responsible for major repairs, such as HVAC, the roof, the water heater and other major appliances, and exterior siding. Use of Premises; Maintenance The Premises shall not be used in violation of any laws, ordinances, restrictions or regulations of any governmental body, nor so as to create a nuisance, nor to vitiate or increase the rate of insurance thereon. Lessee accepts the Premises in its present condition. Lessee shall make no alteration of the Premises. Lessee shall permit Lessor’s agents and employees at all reasonable times and on reasonable notice to enter upon the Premises to view the condition of the Premises; Lessee shall accompany Lessor’s agents/employees during any such inspection. Lessee shall maintain the Premises in good condition and repair and shall do no damage thereto. No combustible goods or materials that would increase the risk of fire shall be kept or placed in Storage areas on the Premises. Storage in such areas shall be at Lessee ’s risk, and Lessor shall 2 not be responsible for any resulting loss or damage. Should Lessee keep any pet(s) at the Premises, Lessee shall be solely responsible for the actions of such pet(s), shall responsibly care for and monitor such pet(s), and shall be solely responsible for any damage to any property or any person caused by such pet(s). Indemnity Lessee shall be liable for, indemnify and hold Lessor harmless from any claim that might arise against Lessor as a result of occupancy of the Premises by Lessor, including but not limited to claims of damage or injury to the person or property of Lessee or Lessor, or any other party whatsoever due to the act or neglect of Lessee, any guest, licensee or invitee of Lessee, or anyone in Lessee’s control or employ or brought onto the Premises by Lessee or any damage or injury due to any failure of Lessee to report in writing to Lessor any defective condition of the Premises. Lessee agrees to maintain in effect reasonable renter’s insurance regarding the Premises for the entire duration of this Lease. Waiver of Subrogation Lessee hereby waives any and all rights against Lessor for damage to property that is required to be insured by Lessee under the terms of this Lease Contract. Assignment and Subletting Lessee shall not assign this Lease Contract or sublet or rent the Premises or any part thereof or secure a replacement for Lessee hereunder, except regarding the Subtenants pursuant to the terms of this Lease Contract. Surrender of Premises Whenever under the terms hereof Lessor is entitled to possession of the Premises, Lessee shall at once surrender the Premises to Lessor and Lessor may forthwith re-enter the Premises and repossess itself thereof, removing all persons and effects therefrom and using such force as may be necessary, without being guilty of forcible entry or detainer trespass or other tort. Lessee shall not remain in possession of the Premises after the expiration of the final term of this Lease Contract, but shall peacefully and quietly leave, surrender and yield up to Lessor all of the leased Premises in as good order and repair as upon the date of the commencement of the term of this Lease Contract, reasonable wear and tear only excepted. Any holding of the Premises by Lessee after the expiration of this Lease Contract shall not constitute a tenant-at-will interest on behalf of Lessee, but Lessee shall be a tenant at sufferance. There shall be no renewal or extension of this Lease Contract either orally or by operation of law. Service of Notices All notices, writings or correspondence as required by this Lease Contract shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, 3 return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: Lessee: 15315 Thompson Road Milton, GA 30004. Lessor: City Manager 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004. With a copy to: Ken E. Jarrard, Esq. Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 Miscellaneous This Lease Contract and its attachments contain the entire agreement of the parties and no representation, inducement, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Lessor to exercise any power given Lessor hereunder, or to insist upon strict compliance by Lessee with any obligation hereunder, including without limitation any acceptance of partial payments of rental or other amounts due hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Lessor’s right to demand exact compliance with the terms hereof. Time is of the essence of this Lease Contract; all references to any notice required to be given or due dates for rental payments shall be strictly construed. Lessee’s rights under this Lease Contract shall be subject to any bona fide mortgage or deed to secure debt which is now or may hereafter be placed upon the Premises. All rights, powers, and privileges conferred hereunder upon the parties hereto shall be cumulative, but not restrictive to those given by law. Further, any provisions of this Lease Contract which are determined to be void or against public policy by any court of law shall not affect the validity of the remainder of this Lease Contract. All headings and sub-headings employed within this Lease Contract and any attachments hereto are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Lease Contract. Attorney’s Fees Lessee agrees to reimburse Lessor for any expenses, including but not limited to attorney 4 fees, incurred by Lessor in enforcing the terms of this Lease Contract against Lessee. IN WITNESS WHEREOF the parties have executed or caused this Lease Contract to be executed by authorized officials in duplicate, the day and year first above written. LESSEE: ________________________________ Doug Smith This ____ Day of _____________, 2012 SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ CITY OF MILTON, GEORGIA BY: _________________________________________ Joe Lockwood, Mayor [CITY SEAL] This ____ Day of _____________, 2012 SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ 5 Notary Public [NOTARY SEAL] My Commission Expires:_________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: October 15, 2012 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to I Love N.Y. Pizza & Attila’s Grill City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to I Love N.Y. Pizza & Attila’s Grill for consumption on premises of wine and malt beverage. 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: I Love N.Y. Pizza & Attila’s Grill Owner(s) Name: Anar Gafarzada Business Address: 980 Birmingham Rd, Ste 200, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: October 15, 2012 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Mr. Jing Inc dba Ru Sans (Change of Ownership) City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Mr. Jing Inc dba Ru Sans for consumption on premises of wine and malt beverage. 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: Mr. Jing Inc dba Ru Sans Owner(s) Name: Jing Bo Li Business Address: 13085 Highway 9, Ste 440, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: October 2, 2012 Agenda Items: RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to allowing exotic animals within the AG-1 (Agricultural District) RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within Section 64-1. RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendments, as listed below. Background: Below is a brief description of the three proposed text amendments:  RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to allowing exotic animals within the AG-1 (Agricultural District) (Deferred from the July Planning Commission Meeting)  RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within Section 64-1. (Deferred from the July Planning Commission Meeting)  RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. These three text amendments are related to allow exotic animals within the AG-1 (Agricultural) district. The current ordinance does not define exotic animals nor does the Agricultural District permit exotic animals. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 2 Discussion: The AG-1 (Agricultural) District text amendment proposes to include allowing exotic animals with a Use Permit in RZ12-09. Staff has also provided a definition for exotic animals as well in RZ12-10. These two text amendments were deferred at the July Planning Commission Meeting until the September 25, 2012 to allow the additional text amendment for a new Use Permit (RZ12-13) to proceed concurrently with RZ12-09 and RZ12-10. After discussions with the Planning Commission, Staff researched the requirements by the State of Georgia Department of Natural Resources, Wildlife Resources Division. There are two types of permits that can be applied for as it relates to exotic animals, Wild Animal License and Wildlife Exhibition License. Within these requirements, the term “exotic animals” is not used, but “wild animals”, thus the reason why Staff has included the term “wild animals” in the definition and references that term within the other related zoning requirements. Staff has also created a new Use Permit, RZ12-13 for Exotic or Wild Animals. The intent of the new Use Permit is for those persons requesting to operate an exhibition or display of exotic or wild animals solely for education purposes, or keeping or maintaining exotic or wild animals pursuant to a valid, current, state-issued wildlife exhibition animal license or wild animal permit. It is not the intent that those persons wanting to keep common non-domesticated animals such as iguanas, bearded dragons, certain kinds of snakes, etc for their own personal enjoyment is required to pursue a Use Permit. The Use Permit is only permitted within the AG-1 (Agricultural) District and must comply with various development standards as well as having the appropriate permits from state and federal agencies. In addition, the size of the parcel must be a minimum of ten (10) acres and comply with minimum 100 foot setbacks and 75 foot undisturbed buffers adjacent to interior property lines. In addition, the applicant must specify the number and types of animals they are requesting to house/exhibit on the property. All three of these text amendments have been reviewed by the City Attorney and appropriate edits have been made based on their recommendations. The Planning Commission recommended approval with minor revisions with a vote of 5-0 on September 25, 2012. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendments to the Zoning Ordinance related to Exotic Animals. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney (September 2012) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2 – AG-1 (AGRICULTURAL) OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 15, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to allowing exotic animals within the AG-1 (Agricultural) district, Article VI, Division 2 of the City of Milton Zoning Ordinance is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of October, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ12-10 – Text Amendment to Section 64-1 – Definitions Prepared for the Mayor and City Council Meeting on October 15, 2012 Yellow highlights recommended by the Planning Commission Page 1 of 1 Section 64-1 Exotic Animal means any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified: 1. Non - human primates and prosimians (monkeys, chimpanzees, baboons) 2. Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars) 3. Canidae (wolves, coyotes, foxes, jackals) 4. Ursidae (all bears) 5. Reptilia (all venomous snakes, all constricting snakes) 6. Crocodilia (alligators, crocodiles) 7. Proboscidae (elephants) 8. Hyanenidae (hyenas) 9. Artiodatyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats) 10. Procyonidae (raccoons, coatis) 11. Marsupialia (kangaroos, oppossums) 12. Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules) 13. Edentara (anteaters, sloths, armadillos) 14. Viverridae (mongooses, civets, and genets) Wild animal means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: October 2, 2012 Agenda Items: RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to allowing exotic animals within the AG-1 (Agricultural District) RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within Section 64-1. RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendments, as listed below. Background: Below is a brief description of the three proposed text amendments:  RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to allowing exotic animals within the AG-1 (Agricultural District) (Deferred from the July Planning Commission Meeting)  RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within Section 64-1. (Deferred from the July Planning Commission Meeting)  RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. These three text amendments are related to allow exotic animals within the AG-1 (Agricultural) district. The current ordinance does not define exotic animals nor does the Agricultural District permit exotic animals. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 2 Discussion: The AG-1 (Agricultural) District text amendment proposes to include allowing exotic animals with a Use Permit in RZ12-09. Staff has also provided a definition for exotic animals as well in RZ12-10. These two text amendments were deferred at the July Planning Commission Meeting until the September 25, 2012 to allow the additional text amendment for a new Use Permit (RZ12-13) to proceed concurrently with RZ12-09 and RZ12-10. After discussions with the Planning Commission, Staff researched the requirements by the State of Georgia Department of Natural Resources, Wildlife Resources Division. There are two types of permits that can be applied for as it relates to exotic animals, Wild Animal License and Wildlife Exhibition License. Within these requirements, the term “exotic animals” is not used, but “wild animals”, thus the reason why Staff has included the term “wild animals” in the definition and references that term within the other related zoning requirements. Staff has also created a new Use Permit, RZ12-13 for Exotic or Wild Animals. The intent of the new Use Permit is for those persons requesting to operate an exhibition or display of exotic or wild animals solely for education purposes, or keeping or maintaining exotic or wild animals pursuant to a valid, current, state-issued wildlife exhibition animal license or wild animal permit. It is not the intent that those persons wanting to keep common non-domesticated animals such as iguanas, bearded dragons, certain kinds of snakes, etc for their own personal enjoyment is required to pursue a Use Permit. The Use Permit is only permitted within the AG-1 (Agricultural) District and must comply with various development standards as well as having the appropriate permits from state and federal agencies. In addition, the size of the parcel must be a minimum of ten (10) acres and comply with minimum 100 foot setbacks and 75 foot undisturbed buffers adjacent to interior property lines. In addition, the applicant must specify the number and types of animals they are requesting to house/exhibit on the property. All three of these text amendments have been reviewed by the City Attorney and appropriate edits have been made based on their recommendations. The Planning Commission recommended approval with minor revisions with a vote of 5-0 on September 25, 2012. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendments to the Zoning Ordinance related to Exotic Animals. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney (September 2012) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2 – AG-1 (AGRICULTURAL) OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 15, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to allowing exotic animals within the AG-1 (Agricultural) district, Article VI, Division 2 of the City of Milton Zoning Ordinance is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of October, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ12-09 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) District Prepared for the Mayor and City Council Meeting on October 15, 2012 Page 1 of 3 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT [61] Sec. 64-414. - Scope and intent. Sec. 64-415. - Use regulations. Sec. 64-416. - Development standards. Sec. 64-417. - Other regulations. Secs. 64-418—64-436. - Reserved. Sec. 64-414. - Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. (Ord. No. 12-03-129, § 1, 3-19-2012) Sec. 64-415. - Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising and certain exotic or wild animal uses as set forth in Section 64-1838 in conjunction with the issuance of a use permit provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use perm it must first be approved by the city council. RZ12-09 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) District Prepared for the Mayor and City Council Meeting on October 15, 2012 Page 2 of 3 (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yards provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property containing less than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully-enclosed building are at least 200 feet from all property lines. (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (Ord. No. 12-03-129, § 1, 3-19-2012) Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. RZ12-09 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) District Prepared for the Mayor and City Council Meeting on October 15, 2012 Page 3 of 3 (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Fencing along public streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. (2) Fences shall not exceed 55 inches from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Fences shall be set back a minimum of three feet from a public right-of-way. (k) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section V, conservation subdivision is currently reserved. (Ord. No. 12-03-129, § 1, 3-19-2012) Sec. 64-417. - Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II, division 3 of this zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII of this zoning ordinance. (5) Outside storage: Article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: Article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: Article XVI. (Ord. No. 12-03-129, § 1, 3-19-2012) Secs. 64-418—64-436. - Reserved. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: October 2, 2012 Agenda Items: RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to allowing exotic animals within the AG-1 (Agricultural District) RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within Section 64-1. RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendments, as listed below. Background: Below is a brief description of the three proposed text amendments:  RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to allowing exotic animals within the AG-1 (Agricultural District) (Deferred from the July Planning Commission Meeting)  RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within Section 64-1. (Deferred from the July Planning Commission Meeting)  RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses. These three text amendments are related to allow exotic animals within the AG-1 (Agricultural) district. The current ordinance does not define exotic animals nor does the Agricultural District permit exotic animals. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 2 Discussion: The AG-1 (Agricultural) District text amendment proposes to include allowing exotic animals with a Use Permit in RZ12-09. Staff has also provided a definition for exotic animals as well in RZ12-10. These two text amendments were deferred at the July Planning Commission Meeting until the September 25, 2012 to allow the additional text amendment for a new Use Permit (RZ12-13) to proceed concurrently with RZ12-09 and RZ12-10. After discussions with the Planning Commission, Staff researched the requirements by the State of Georgia Department of Natural Resources, Wildlife Resources Division. There are two types of permits that can be applied for as it relates to exotic animals, Wild Animal License and Wildlife Exhibition License. Within these requirements, the term “exotic animals” is not used, but “wild animals”, thus the reason why Staff has included the term “wild animals” in the definition and references that term within the other related zoning requirements. Staff has also created a new Use Permit, RZ12-13 for Exotic or Wild Animals. The intent of the new Use Permit is for those persons requesting to operate an exhibition or display of exotic or wild animals solely for education purposes, or keeping or maintaining exotic or wild animals pursuant to a valid, current, state-issued wildlife exhibition animal license or wild animal permit. It is not the intent that those persons wanting to keep common non-domesticated animals such as iguanas, bearded dragons, certain kinds of snakes, etc for their own personal enjoyment is required to pursue a Use Permit. The Use Permit is only permitted within the AG-1 (Agricultural) District and must comply with various development standards as well as having the appropriate permits from state and federal agencies. In addition, the size of the parcel must be a minimum of ten (10) acres and comply with minimum 100 foot setbacks and 75 foot undisturbed buffers adjacent to interior property lines. In addition, the applicant must specify the number and types of animals they are requesting to house/exhibit on the property. All three of these text amendments have been reviewed by the City Attorney and appropriate edits have been made based on their recommendations. The Planning Commission recommended approval with minor revisions with a vote of 5-0 on September 25, 2012. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendments to the Zoning Ordinance related to Exotic Animals. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney (September 2012) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS, DIVISION 5, MISCELLANEOUS USES TO CREATE A NEW USE PERMIT FOR EXOTIC ANIMALS AND/OR RELATED USES WITHIN THE MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES). BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 15, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that creates a new use permit for “exotic animals” and/or other related uses in Article IX, Administrative Permits and Use Permit, Division 5, miscellaneous uses of the City of Milton Zoning Ordinance is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of October, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ12-13 - Text Amendment to Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses - To create a use permit for exotic animals prepared for the Mayor and City Council Meeting on October 15, 2012 Yellow highlights recommended by the Planning Commission Page 1 of 2 Sec. 64-1838. – Exotic or Wild Animals. Pursuant to this section, exhibition or display of exotic or wild animals solely for education purposes, or keeping, rehabilitation or maintaining exotic or wild animals pursuant to a valid, current, state-issued wild animal license or wildlife exhibition permit shall be allowed only with a use permit issued in compliance with the development standards set forth in this section specifically and pursuant to the Zoning Ordinance generally. In the event of conflict, the terms of this section shall prevail. (1) Requirements a. Required district. AG-1. b. Obtained the appropriate license from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS) or provide documentation that the applicant is exempt from USDA/APHIS requirements. c. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose Possession if exhibiting or dealing birds regulated by the USFWS. d. Obtained the necessary permit(s) from the Georgia Department of Natural Resources, Wildlife Resources Division. (2) Standards. a. Minimum lot size shall be ten acres. b. Permitted curb cut access shall not be from a local street. c. All activity areas, including parking, structures, areas where animals are housed or graze shall be set back a minimum of 100 feet from all property lines. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. e. Open to visitation by the general public only from 8 am to 9 pm 7:30 am to 7:30 pm. f. If located adjacent to any residential district or an AG-1 district used for single- family dwellings, the minimum buffers and landscape strips required for the Northwest Fulton Overlay District as specified in Sec. 64-1141 of this zoning RZ12-13 - Text Amendment to Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses - To create a use permit for exotic animals prepared for the Mayor and City Council Meeting on October 15, 2012 Yellow highlights recommended by the Planning Commission Page 2 of 2 ordinance shall be required. g. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG -1 district used for single-family dwellings. i. h. A minimum 6 foot high fence is required along all interior property lines. If visible from a public right-of-way it shall be a four or five board equestrian style fence with two inch by four inch welded wire non-climbable material on the fence. i. Applicant shall inform the director of community development in writing of the number and types of animals to be housed on the subject property and any changes thereto. j. Compliance with all requirements of Chapter 5 of the Georgia Game and Fish Code, O.C.G.A. § 27-5-1, et seq., related to wild animals, and all rules and regulations adopted pursuant to the authority granted pursuant to O.C.G.A. § 27-1-4. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: October 2, 2012 Agenda Item: RZ12-14 – To Amend Article IX, Administrative Permits and Use Permits, Division 3 Administrative Permits, Subdivision II, Minimum Standards, Sec. 64-1609, Swimming Pool, Private. CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment, to Amend Article IX, Administrative Permits and Use Permits, Division 3 Administrative Permits, Subdivision II, Minimum Standards, Sec. 64-1609, Swimming Pool, Private amending the existing Zoning Ordinance. Background: There are two main purposes to amend this section of the Zoning Ordinance; 1) to be consistent with the building code as it relates to the minimum height of a pool fence (barrier) and other construction details required by the International Residential Code and the International Building Code for both private and public pools, and 2) to amend the distance setbacks for neighborhood pools to clarify that the pool, pool equipment and decks do not need to be 100 feet from right-of- ways, but provide the applicable district setback. Discussion: When the City incorporated it adopted the Fulton County Zoning Resolution as the City’s own Zoning Ordinance, the requirement was to provide a minimum five foot high fence around a swimming pool. This requirement is inconsistent with the building code which requires a minimum four foot high fence (barrier) surrounding the pool. This has caused a great deal of confusion with the pool contractors and the building department in enforcing the higher five foot fence (pool barrier) requirement. In addition, it has been difficult to interpret this ordinance on large parcels of land where a “perimeter” fence could be considered the pool barrier with certain modifications. Therefore, conformance with the new language (if adopted), will require all pool owners erect a minimum four foot pool barrier per applicable building codes around the periphery of the pool and pool deck. Over the past five years there have been several requests to the Board of Zoning Appeals to reduce the distance requirement from the right-of-way. To procedurally make this easier, Staff is proposing the proposed text amendment to utilize the district setback along the right-of-way as the new requirement. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 2 The proposed text amendment has been reviewed by the City Attorney and appropriate edits have been made based on their recommendations. The Planning Commission recommended approval of the text amendment with a 4-0-1 vote at their September 25, 2012 meeting. Alternatives: The Mayor and City Council may choose to approve, deny or defer Article IX, Administrative Permits and Use Permits, Division 3 Administrative Permits, Subdivision II, Minimum Standards, Sec. 64-1609, Swimming Pool, Private. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney (September 2012) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS, DIVISION 3 ADMINISTRIATIVE PERMITS, SUBIDIVISON II, MINIMUM STANDARDS, SEC 64-1609, SWIMMING POOL, PRIVATE WITHIN THE MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES). BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 15, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that amends Sec 64-1609, Swimming Pool, Private in Article IX, Administrative Permits and Use Permit, Division 3 Administrative Permits, Subdivision II, Minimum Standards of the City of Milton Zoning Ordinance is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of October, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Page 1 of 2 RZ12-14 Text Amendment - Pools Prepared for the Mayor and City Council Meeting on October 15, 2012 Yellow highlights recommended by Planning Commission Sec. 64-1609. - Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by an enclosure a barrier as required by the 2006 International Residential Code, Section AG105 or the 2009 International Building Code, Section 3109. Such enclosure shall be a fence, wall, or building,The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. The enclosure shall be an effective fence or wall not less than five feet high with self-closing, positive-latching gates provided on the outer side of the deck area. The Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. enclosure entrancePedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must ha ve a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department.when applicable. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single-family dwellings in any district and may also be allowed at the back of the house on a double frontage single family residential lot as approved by the department. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining interior property lines, and at least 100 feet from all property lines which abut single family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall be as specified by section 64- 237 d. A maximum four-square-foot sign identifying the future use of the property for a Page 2 of 2 RZ12-14 Text Amendment - Pools Prepared for the Mayor and City Council Meeting on October 15, 2012 Yellow highlights recommended by Planning Commission swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or streetpublic right-of-way.