City of Atlanta
Georgia

Ordinance
19-O-1732

AN ORDINANCE BY CITY UTILITIES COMMITTEE AUTHORIZING THE MAYOR OR HER DESIGNEE, ON BEHALF OF THE CITY OF ATLANTA (“CITY”), TO ABANDON A PORTION OF BOLTON DRIVE (NORTH AND SOUTH PORTION OF CUL-DE-SAC) CONSISTING OF APPROXIMATELY 0.072 ACRES BEING MORE SPECIFICALLY DESCRIBED IN THE ATTACHED EXHIBIT “A”, LYING AND BEING IN LAND LOT 221 OF THE 17TH DISTRICT OF FULTON COUNTY, GEORGIA TO MAXWELL-REDDICK AND ASSOCIATES FOR FAIR MARKET VALUE; AUTHORIZING THE MAYOR OR HER DESIGNEE, TO EXECUTE QUITCLAIM DEEDS OF SUCH ABANDONMENT TO MAXWELL-REDDICK AND ASSOCIATES; AUTHORIZING THE MAYOR OR HER DESIGNEE, ON BEHALF OF THE CITY, TO EXECUTE ALL DOCUMENTS NECESSARY TO CONSUMMATE THE TRANSACTION; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:
Category:City UtilitiesFunctions:None Required

Item Discussion

(Public Hearing held on 1/14/20)

Body

WHEREAS, the City received a formal request from the owner of the abutting property to abandon a portion of Bolton Drive consisting of 0.072 acres (the “Proposed Abandonment”), being more specifically described in Exhibit “A” attached hereto and incorporated herein, said Proposed Abandonment lying and being in Land Lot 221 of the 17th District of Fulton County, Georgia; and

WHEREAS, since the request for abandonment was filed, the property abutting the Proposed Abandonment has been conveyed to Maxwell-Reddick and Associates (“Owner”); and

WHEREAS, the Owner’s predecessor in title paid a fee of $2,500 for the cost of advertisement of the abandonment and the cost of appraising the Proposed Abandonment, as specified by Section 138-9(a)(5) of the City of Atlanta Code of Ordinances; and

WHEREAS, the Owner has agreed to pay fair market value for the Proposed Abandonment, as specified by Section 138-9(a)(5) of the City of Atlanta Code of Ordinances; and

WHEREAS, Owner is the only party that owns property directly abutting the Proposed Abandonment; and

WHEREAS, the Department of Public Works has reviewed the request for abandonment of Bolton Drive and has concluded that the Proposed Abandonment is no longer necessary for the public’s use and convenience as public rights-of-way; and

WHEREAS, the Proposed Abandonment will become part of the Owner’s abutting property and it will be the Owner’s responsibility to maintain, operate and provide all services and utilities associated with the Proposed Abandonment, as the owner.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

SECTION 1: The Proposed Abandonment is hereby declared no longer useful or necessary for the public’s use and convenience.

SECTION 2: The City hereby expresses its intent to abandon to Maxwell-Reddick and Associates (Owner) or its successor in interest, the portion of Bolton Drive described in the attached Exhibit “A” upon payment to the City of fair market value of the Proposed Abandonment, subject to all public or private utility easements.

SECTION 3: Any and all reservations for existing public or private utility easements shall remain in effect in favor of the City of the purpose of entering the Proposed Abandonment to operate, maintain or replace said utilities facilities.

SECTION 4: The Chief Procurement Officer or his designee shall perform all other responsibilities concerning the proposed abandonments, as outlined in the City Code of Ordinances, including Section 2-1578.

SECTION 5: The Mayor, or her designee, is hereby authorized to execute quitclaim deeds to convey any interest that the City may have in the above-referenced Proposed Abandonment, “as is”, “where-is”, to Owner or its successor in interest.

SECTION 6: That if no such quitclaim deeds are recorded in the Fulton County Real Property Records within one (1) year of the effective date of this ordinance, this abandonment will be null and void.

SECTION 7: That the Mayor, or her designee, is hereby authorized to execute all other documents, agreements and instruments necessary or desirable to effectuate the intent of this ordinance.

SECTION 8: That all existing ordinances or parts of ordinances in conflict with this Ordinance shall be waived to the extent of the conflict only.

 

 

 


Exhibit “A”

 

Meeting History

Jan 6, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jan 14, 2020 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

Cotena Alexander, DPW

RESULT:FAVORABLE [UNANIMOUS]
MOVER:Dustin Hillis, District 9
SECONDER:J. P. Matzigkeit, District 8
AYES:Natalyn Mosby Archibong, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Joyce M Sheperd
ABSENT:Cleta Winslow
Jan 21, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

RESULT:ADOPTED [10 TO 0]
MOVER:Andre Dickens, Councilmember, Post 3 At Large
SECONDER:Marci Collier Overstreet, Councilmember, District 11
AYES:Matt Westmoreland, Andre Dickens, Amir R Farokhi, Cleta Winslow, Natalyn Mosby Archibong, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Marci Collier Overstreet, Joyce M Sheperd
ABSENT:Antonio Brown
AWAY:Michael Julian Bond, Carla Smith, Jennifer N. Ide, Andrea L. Boone