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01-29-2002 Regular MeetingMinutes Downtown Development Authority Tuesday, January 29, 2002, 5:30 p.m., Second Floor Conference Room, City Hall Attendees: A. Max Bacon I-Iubert Black Jim Pitts Scott Cochran C. J. louts Doug Stoner Mayor Bacon called the meeting to order. Jim Pitts made a motion to approve a resolution to authorize the Downtown Smyrna Development Authority to enter into any and all agreements and execute documents incident to the development ol'Smyrna Market Village and the motion was seconded by Hubert Black. The motion was passed unanimously. A copy ol'the resolution is attached hereto. Jim Pitts made a motion to appoint Doug Stoner to the post of secretary of the DDA with a term to expire on the next Friday and the motion was seconded by Hubert Black. The motion was passed unanimously. With no further business, Jim Pitts made a motion to adjourn and the motion was seconded by Hubert Black. The motion was passed unanimously. I Ile meeting was adjourned at 5:55 p.m. Minutes Downtown Development Authority Tuesday, .lanuary 291 2002, 5:30 p.m., Second door Conference Room, City Hall Attendees: A. Max Bacon Hubert Black Jim Pitts Scott Cochran C. J. Fouts Doug Stoner Mayor Bacon called the meeting to order. Jim Pitts made a motion to approve a resolution to authorize the Downtown Smyrna Development Authority to enter into any and all agreements and execute documents incident to the development oC Smyrna Market Village and the motion was seconded by Hubert Black. The motion was passed unanimously. A copy oC the resolution is attached hereto. Jim Pitts made a motion to appoint Doug Stoner to the post ol'secretary of the DDA with a term to expire on the next Friday and the motion was seconded by Hubert Black. The motion was passed unanimously. With no further business, Jim Pitts made a motion to adjourn and the motion was seconded by Hubert Black. The motion was passed unanimously. The meeting was adjourned at 5:55 p.m. RESOLUTION It is hereby resolved that the Downtown Smyrna Development Authority is authorized to enter into any and all agreements and execute any and all documents incident to the development of Smyrna Market Village. Such authority shall include but not be limited to the following: 1. Executing a document entitled Amendment to Purchase Agreement. 2. Acquiring whatever portion of Exhibit "A" that it does not already own. 3. Entering into a master Declaration of Covenants, Conditions, Easements and Restrictions for Smyrna Market Village, LLC conveying the property depicted in Exhibit "A". 4. Conveying the property attached hereto as Exhibit " B" to John Weiland Homes and Neighborhoods, Inc. and the property attached hereto as Exhibit "C" to Smyrna Market Village, LLC or such other party or parties as may be designated by GKJ Development, LLC. The chairman of the Downtown Smyrna Development Authority is authorized to execute any and all documents incident to the development of Smyrna Market Village, including but not limited to those specified above. So resolved this the '25 day of January 2002. A est: Downtown Sm a velopment Authority l � By: Secret A. Max Bacon, Chairman lg��„b,4 A, Legal Description Overall Tract All that tract of land lying and being in Land Lots 521 & 522,17'h District, 2" Section, in the City of Smyrna, Cobb County, Georgia and being described as follows: Beginning at the point where the former southerly right-of-way line of the apparently abandoned West Spring Street intersects the former westerly right-of-way line of Memorial Place, thence North 86 degrees 34 minutes 48 seconds East a distance of 2.04 feet along said southerly right-of-way of West Spring Street to'a point on the westerly right- of-way line of Atlanta Road, said point being the TRUE POINT OF BEGINNING. THENCE South 19 degrees 43 minutes 45 seconds East for a distance of 72.26 feet along the westerly right-of-way line of Atlanta Road (variable right-of-way) to a point on the north westerly right-of-way line of Memorial Place (variable right-of-way); THENCE South 38 degrees 38 minutes 38 seconds West for a distance of 31.14 feet along the westerly right-of-way line of Memorial Place; THENCE South 03 degrees 49 minutes 33 seconds West for a distance of 36.63 feet along the westerly right-of-way line of Memorial Place to a point at the base of a stone wall on the north side of a property that is now the Old Smyrna Cemetery; THENCE leaving said right-of-way and running South 87 degrees 36 minutes 36 seconds West for a distance of 100.13 feet; THENCE South 87 degrees 49 minutes 06 seconds West for a distance of 112.70 feet to an iron pin found; THENCE South 09 degrees 07 minutes 05 seconds East for a distance of 59.29 feet to a point on the northerly line of a property now or formerly vned by the First Baptist Church of Smyrna; THENCE South 86 degrees 25 minutes 14 seconds West for a istance of 320.01 feet to a point on the easterly right-of-way line of King Street (variable right-of-way); THENCE along said right-of-way line the following courses and distances: North 04 degrees 17 minutes 33 seconds West for a distance of 11.03 feet; THENCE South 85 degrees 42 minutes 27 seconds West for a distance of 8.17 feet; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 132.00 feet; THENCE North 85 degrees 42 minutes 27 seconds East for a distance of 8.17 feet; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 56.13 feet; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 56.13 feet; THENCE South 85 degrees 42 minutes 27 seconds West for a distance of 7.71 feet; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 146.00 feet; THENCE leaving said right-of-way and running North 85 degrees 42 minutes 27 seconds East for a distance of 75.86 feet along the southerly line of a strip of land that was formerly the Bank Street right-of-way (apparently abandoned) but is now owned by the City of Smyrna; THENCE continuing along said strip of land North 87 degrees 52 minutes 18 seconds East for a distance of 19.41 feet; THENCE North 86 degrees 44 minutes 23 seconds East for a distance of 260.02 feet; THENCE North 84 degrees 57 minutes 18 seconds East for a distance of 118.00 feet to a point on the westerly right-of-way line of Atlanta Road; THENCE along said right-of-way the following courses and distances South 21 degrees 28 minutes 56 seconds East for a distance of 23.91 feet; THENCE South 38 degrees 39 minutes 24 seconds East for a distance of 22.71 feet; THENCE South 22 degrees 40 minutes 32 seconds East for a distance of 22.87 feet; THENCE South 18 degrees 58 minutes 01 second East for a distance of 22.17 feet; THENCE South 20 degrees 51 minutes 02 seconds East for a distance of 18.36 feet; THENCE South 20 degrees 41 minutes 30 seconds East for a distance of { 26.50 feet; THENCE South 20 degrees 41 minutes 30 seconds East for a distance of 44.70 feet; THENCE South { '-_6 degrees 53 minutes 59 seconds East for a distance of 51.70 feet to the TRUE POINT OF BEGINNING. -aid tract containing 198,701 square feet (4.56 acres) as more particularly shown on an ALTA/ACSM land title survey by Post Buckley Schuh and Jernigan, Inc. dated January 16, 2002, which is incorporated herein by reference. EXHIBIT 419 All that tract or parcel of land lying and being in Land Lots 521 and 522 of the 171h District, 2n1 Section, City of Smyrna, Cobb County, Georgia, being more particularly described as follows: TRACT THREE Beginning at the point where the former southerly right-of-way line of the apparently abandoned West Spring Street intersects the former westerly right-of-way line of Memorial Place, thence North 86 degrees 34 minutes 48 seconds East a distance of 2.04 feet along said southerly right-of-way of West Spring Street to a point on the westerly right-of-way line of Atlanta Road, thence along said right-of-way of Atlanta Road North 16 degrees 53 minutes 59 seconds West for a distance of 23.39 feet; thence leaving said right-of-way and running South 85 degrees 42 minutes 27 seconds West for a distance of 156.62 feet; thence South 85 degrees 42 minutes 27 seconds West for a distance of 15.17 feet; thence South 85 degrees 42 minutes 27 seconds West for a distance of 250.29 feet; thence South 04 degrees 17 minutes 33 seconds East for a distance of 33.05 feet to an iron pin set and the TRUE POINT OF BEGINNING. THENCE North 85 degrees 42 minutes 27 seconds East for a distance of 224.92 feet to an iron pin set; THENCE South 04 degrees 17 minutes 33 seconds East for a distance of 75.83 feet to an iron pin set; THENCE South 85 degrees 42 minutes 26 seconds West for a distance of 224.92 feet to an iron pin set; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 75.83 feet to an iron pin set and the TRUE POINT OF BEGINNING. Said tract of land containing 17,056 square feet and being Tract Three as more particularly shown on an ALTA/ACSM land title survey by Post Buckley Schuh and Jernigan, Inc. dated January 16, 2002, which is incorporated herein by reference. TRACT FOUR Beginning at the point where the former southerly right-of-way line of the apparently abandoned West Spring Street intersects the former westerly right-of-way line ofMemorial Place, thence North 86 degrees 34 minutes 48 seconds East a distance of 2.04 feet along said southerly right-of-way of West Spring Street to a point on the westerly right-of-way line of Atlanta Road, thence along said right-of-way of Atlanta Road North 16 degrees 53 minutes 59 seconds West for a distance of 23.39 feet; thence leaving said right-of-way and running South 85 degrees 42 minutes 27 seconds West for a distance of 156.62 feet; thence South 85 degrees 42 minutes 27 seconds West for a distance of 15.17 feet; thence South 85 degrees 42 minutes 27 seconds West for a distance of 250.29 feet; thence North 04 degrees 17 minutes 33 seconds West for a distance of 33.05 feet to an iron pin set and the TRUE POINT OF BEGINNING. THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 75.83 feet to an iron pin set; THENCE North 85 degrees 42 minutes 28 seconds East for a distance of 224.92 feet to an iron pin set; THENCE South 04 degrees 17 minutes 33 seconds East for a distance of 75.83 feet to an iron pin set; THENCE South 85 degrees 42 minutes 27 seconds West for a distance of 224.92 feet to an iron pin set and the TRUE POINT OF BEGINNING. Said tract of land containing 17,056 square feet and being Tract Four as more particularly shown on an ALTA/ACSM land title survey by Post Buckley Schuh and Jernigan, Inc. dated January 16, 2002, which is incorporated herein by reference. TOGETHER WITH those easements and rights created for the benefit of the above property by and more fully described in that certain Declaration of Covenants, Conditions, Easements and Restrictions, dated January , 2002, by the Downtown Smyrna Development Authority, a public body corporate and politic created and existing under the laws of the State of Georgia, recorded in Deed Book , Page .- Cobb County, Georgia Records. C EXHIBIT "A" All that tract or parcel of land lying and being in Land Lots 521 and 522 of the 17`h District, 2"d Section, City of Smyrna, Cobb County, Georgia, being more particularly described as follows: TRACT ONE Beginning at the point where the former southerly right-of-way line of the apparently abandoned West Spring Street intersects the former westerly right-of-way line of Memorial Place, thence North 86 degrees 34 minutes 48 seconds East a distance of 2.04 feet along said southerly right-of-way of West Spring Street to a point on the westerly right-of-way line of Atlanta Road, thence along said right-of-way of Atlanta Road North 16 degrees 53 minutes 59 seconds West for a distance of 23.39 feet; thence leaving said right-of-way and running South 85 degrees 42 minutes 27 seconds West for a distance of 156.62 feet; thence South 85 degrees 42 minutes 27 seconds West a distance of 15.17 feet; thence North 04 degrees 17 minutes 33 seconds West for a distance of 65.81 feet to an iron pin set and the TRUE POINT OF BEGINNING. THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 76.67 feet to an iron pin set; THENCE North 85 degrees 42 minutes 27 seconds East for a distance of 128.00 feet to an iron pin set; THENCE South 04 degrees 17 minutes 33 seconds East for a distance of 7.99 feet to an iron pin set; THENCE South 20 degrees 58 minutes 26 seconds East for a distance of 59.17 feet to an iron pin set; THENCE along a right arc for a distance of 21.07 feet with a radius of 15.96 feet said arc having a chord distance of 19.57 feet and bearing South 47 degrees 53 minutes 36 seconds West to an iron pin set; THENCE South 85 degrees 42 minutes 27 seconds West for a distance of 129.52 feet to an iron pin set and the TRUE POINT OF BEGINNING. Said tract of land containing 10,450 square feet and being Tract One as more particularly shown on an ALTA/ACSM land title survey by Post Buckley Schuh and Jernigan, Inc. dated January 16, 2002, which is incorporated herein by reference. TRACT TWO Beginning at the point where the former southerly right-of-way line of the apparently abandoned West Spring Street intersects the former westerly right-of-way line of Memorial Place, thence North 86 degrees 34 minutes 48 seconds East a distance of 2.04 feet along said southerly right-of-way of West Spring Street to a point on the westerly right-of-way line of Atlanta Road, thence along said right-of-way of Atlanta Road North 16 degrees 53 minutes 59 seconds West for a distance of 23.39 feet; thence leaving said right-of-way and running South 85 degrees 42 minutes 27 seconds West for a distance of 156.62 feet; thence South 04 degrees 17 minutes 33 seconds East for a distance of 69.80 feet to an iron pin set and the TRUE POINT OF BEGINNING. THENCE North 85 degrees 42 minutes 27 seconds East for a distance of 131.59 feet to an iron pin set; THENCE along a right arc for a distance of 93.11 feet with a radius of 23.02 feet said arc having a chord distance of 41.44 feet and bearing South 42 degrees 41 minutes 38 seconds East to an iron pin set; THENCE South 04 degrees 17 minutes 33 seconds East for a distance of 33.53 feet to an iron pin set; THENCE South 85 degrees 42 minutes 27 seconds West for a distance of 97.00 feet to an iron pin set; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 5.00 feet to an iron pin set; THENCE South 85 degrees 42 minutes 27 seconds West for a distance of 60.33 feet to an iron pin set; THENCE North 04 degrees 17 minutes 33 seconds West for a distance of 60.00 feet to an iron pin set and the TRUE POINT OF BEGINNING. Said tract of land containing 10,944 square feet and being Tract Two as more particularly shown on an ALTA/ACSM land title survey by Post Buckley Schuh and Jernigan, Inc. dated January 16, 2002, which is incorporated herein by reference. TOGETHER WITH those easements and rights created for the benefit of the above property by and more fully described in that certain Declaration of Covenants, Conditions, Easements and Restrictions, dated January , 2002, by the Downtown Smyrna Development Authority, apublic body corporate and politic created and existing under the laws of the State of Georgia, recorded in Deed Book , Page , Cobb County, Georgia Records.