City of Atlanta
Georgia

Ordinance
17-O-1391
Quadrennialy Terminated
Dec 4, 2017 1:00 PM

AN ORDINANCE BY COUNCILMEMBERS MICHAEL JULIAN BOND AND C. T. MARTIN AUTHORIZING THE MAYOR OR HIS DESIGNEE, TO ABANDON A PORTION OF MULLINS STREET S.W., BETWEEN TEE ROAD AND THE DEAD-END OF MULLINS STREET, CONSISTING OF APPROXIMATELY_ ACRE OF LAND BEING MORE SPECIFICALLY DESCRIBED IN THE ATTACHED EXHIBIT "A", LYING AND BEING IN LAND LOT_ OF THE_ DISTRICT OF FULTON COUNTY, GEORGIA TO ; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 10 Clarence "C. T." Martin, Councilmember, Post 1 At Large Michael Julian Bond
Category:Personal PaperFunctions:None Required

Item Discussion

(Held 6/27/17 at the request of the Department)

Body

WHEREAS, the City of Atlanta ("City") has received a formal request from Quincy D. Jordan ("Applicant") the owner of abutting property, to abandon a  portion of                            ___________consisting of approximately___  acres and more specifically described in the attached Exhibit "A"; and

 

 

WHEREAS, has paid a fee of $2,000 for the costs of advertisement of the abandonment as specified by Section 138-9(a)(5) of the City of Atlanta Code of Ordinances; and

 

WHEREAS,_______ has agreed to donate to the City approximately______ acres of land located in the same Land Lot____ of the ____ District of Fulton County, Georgia as the property be abandoned; and

 

 

 

WHEREAS, the area of the real property to be donated to the City by                         is greater than the area of the real property to be abandoned by the City and the transaction will result in a net gain to the City of approximately         acres; and

 

WHEREAS, Section 2-1543 of the Code of Ordinances allows the Chief Procurement Officer to exchange real property on a square-foot by square-foot basis; and

 

WHEREAS, Section 2-1544 of the Code of Ordinances authorizes the City to accept, as a donation of property, any excess real property above and beyond the square footage being conveyed by the City to an Applicant; and

 

WHEREAS,                         desires to make the exchange without an appraisal or exchange of funds and proceed under Sections 2-1543 and 2-1544 of the Code of Ordinances; and

 

WHEREAS, the Office of Enterprise Assets Management agrees that the real property to be

exchanged is in such close physical proximity and is being used for the same purpose that an appraisal will be unnecessary to determine value given and received by the City because the City is receiving more square footage of real property in the transaction as a dedication without cost; and

 

WHEREAS, the requirement contained in Section 138-9 of the Code of Ordinances regarding the obtaining of appraisals should therefore be waived; and

 

WHEREAS, the City will use the donated property to _____________________________                                                      ; and

 

WHEREAS, the abandoned portion of will become part of the abutting property owner's private property, and it will be such owner's responsibility to maintain, operate, and provide all services and utilities; and

 

WHEREAS, the Department of Public Works has reviewed the request from the abutting property owner and has concluded that the abandonment of the portion of the right-of-way described herein will not have any adverse effect on traffic movement now and in the future.

 

 

NOW THEREFORE BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF THE

CITY OF ATLANTA, GEORGIA, AS FOLLOWS:

 

Section 1: That any and all remaining portions of , _______________between___________

and ,________________ being more specifically described in the attached Exhibit "A", said property lying and being in Land Lot __ of the_ District of Fulton County, Georgia are hereby declared no longer useful or necessary for the public's use and convenience.

 

Section 2: That the City hereby expresses its intent to abandon said property located ______ (as hereinabove defined).

 

Section 3: That Quincy D. Jordan, the abutting property owner, in consideration of the abandonment described herein and in exchange therefore, has agreed to convey to the City by Warranty Deed certain real property consisting of approximately __ acres of land located in Land Lot __ of the __ District of Fulton County, Georgia to be used _______ _.

 

Section 4: That the City hereby waives the requirement set forth in Sections 2-1578 and 138-9 of the Code of Ordinances for payment of fair market value in exchange for the Quitclaim Deed provided that delivers to the City a Warranty Deed in accordance with Section 3 above.

 

Section 5: That any and all reservations for existing public or private utility easements shall remain in effect for the purpose of entering the property to operate, maintain, or replace said utility facilities. These easements shall remain in effect until such time that said utilities are abandoned, removed, or relocated, at which time said easements shall expire. Section 6: That as the property to be donated to the City in accordance with Section 3 above is larger in size than the property to be abandoned by the City, an appraisal to determine the fair market value of either of the properties to be exchanged shall not be required and that the requirements with respect to obtaining an appraisal set out in Section 138-9 of the Code of Ordinances is hereby waived.

 

Section 7: That the Chief Procurement Officer shall perform all other responsibilities concerning the proposed abandonment, as outlined in the City's Code of Ordinances, including Section 2-1578.

 

Section 8: That upon approval of this ordinance, and upon acceptance of the necessary documents by the Department of Public Works, and pending receipt of a Warranty Deed from Bolton Park described in Section 3 above and the satisfaction of any alternative conditions under Section 2-1578 of the City's Code of Ordinances, the City Attorney is hereby directed to prepare a Quitclaim Deed and other appropriate documents to effectuate the abandonment authorized by this ordinance.

 

Section 9: That the Mayor, or his designee, be and is hereby authorized to execute a Quitclaim Deed to convey any interest that the City may have in the above-referenced portion of                          (herein described in Exhibit "A").

 

Section 10: That the delivery of the Quitclaim Deed to Quincy D. Jordan is conditioned on the simultaneous delivery of a Warranty Deed from ____to the City of the property described in Section 3 above and depicted in Exhibit "A".

 

Section 11: That all existing ordinances or parts of ordinances in conflict with this ordinance shall be waived to the extent of the conflict only. hall be waived to the extent of the conflict only.

 

Meeting History

Jun 19, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jun 27, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [5 TO 0]
MOVER:Clarence "C. T." Martin, Councilmember, District 10
SECONDER:Yolanda Adrean, Councilmember, District 8
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Joyce M Sheperd
ABSENT:Natalyn Mosby Archibong
AWAY:Carla Smith
Jul 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 11, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 25, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 21, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 29, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 26, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 10, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 16, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 24, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 14, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft
RESULT:RETURNED AS HELD
Nov 28, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 4, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

AUTOMATICALLY TERMINATED AND FILED PER CHARTER SECTION 2-407 WITHOUT OBJECTION

RESULT:QUADRENNIALY TERMINATED