11-04-2002 Regular Meeting (3)November 4, 2002
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present except Council Member Pritchett. Also present were City
Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community
Development Director Chris Miller, Keep Smyrna Beautiful Director Ann Kirk, and
representatives of the press.
Invocation was given by Pastor Jim Moon from a new church in the Smyrna-Vinings area,
followed by the pledge to the flag.
AGENDA CHANGES:
There were none.
CITIZENS INPUT:
Mayor Bacon recognized Representative Rich Golick, who discussed the Tax Allocation District
measure on the ballot on November 5.
Mayor Bacon recognized Mr. David Wilkerson, who asked about the Tax Allocation District
(TAD) measure as it relates to the Belmont Hills shopping center, and Representative Golick
provided pertinent details. Council Member Newcomb asked Representative Golick about the
proposed process for selecting properties for rehabilitation under the TAD provisions.
Representative Golick stated that developers will generally request this type of partnership and,
with the cooperation of the respective local government, a synergy will be reached which should
enable all concerned to reach specific redevelopment objectives. Council Member Newcomb
asked Representative Golick if requests for TAD assistance will be reviewed and approved by the
local governing body on a case -by -case basis, and Representative Golick stated the designation of
a tax allocation district is subject to all the notice and hearing requirements associated with a
local government action. Mayor Bacon stated that the owners of Belmont Hills shopping center
have expressed some interest in the TAD measure because it could help them redevelop that area.
Representative Golick emphasized that the TAD measure will ultimately have to be approved by
the voting citizens, and that the information provided at this meeting is for the purpose of helping
voters to make a more informed decision.
Mayor Bacon recognized Mr. David Garrison, who discussed his candidacy for the Cobb County
School Board District 2 post, and asked those present for their support.
Mayor Bacon recognized Mr. Curt Johnston, who discussed his candidacy for the Cobb County
School Board, and asked those present for their support.
Mayor Bacon recognized Mr. Frank Bradford, who discussed his candidacy for State House
District 34, Post 2, and asked those present for their support.
MAYOR'S REPORT:
Mayor Bacon recognized Mr. Curt Johnston, who introduced Principal Earl Holiday and students
from Campbell Middle School. The students presented this month's character theme words.
Mayor Bacon recognized Ms. Betty Turley and Ms. Duncan from the American Legion Auxiliary
(ALA), and asked Council Member Lnenicka to read the proclamation for Recognition of Poppy
Day. Ms. Turley explained that the poppies are made by veterans in hospital, and that donations
are appreciated. Council Member Lnenicka expressed appreciation to Ms. Turley and Ms.
Duncan for their efforts on behalf of the ALA and the veterans.
Mayor Bacon recognized Ms. Ginger Collins, who discussed her candidacy for the State Senate,
and asked those present for their support.
Mayor Bacon recognized Mr. Terry Johnson, who discussed his candidacy for the State Senate,
and asked those present for their support.
Mayor Bacon announced that Charter Communications will be moving their local office to the
Market Village in Smyrna.
Mayor Bacon announced that Council Member Pritchett is absent on this date because of illness.
November 4, 2002 2
PUBLIC HEARINGS:
(A) Rezoning Request — 1.6 Acre Tract from Office Distribution (OD) to General
Commercial (GC) — Land Lot 634 — The Premier Mobri Group, LLC
Mr. Wright stated this rezoning request is not accompanied by a development proposal, and that
the owner plans to use existing buildings on the property for retail purposes. Mr. Wright stated
the Planning and Zoning Board (PZB) has approved this request, and that it is supported by staff
conditioned upon a number of stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. Brian Miraki. Council Member Scoggins stated he
would like to table this matter until the November 18, 2002 Council meeting.
MOTION: Council Member Scoggins made a motion to table the rezoning request for a 1.6
acre tract from Office Distribution (OD) to General Commercial (GC) for Land Lot 634 for The
Premier Mobri Group, LLC until the November 18, 2002 Council meeting. The motion was
seconded by Council Member Hawkins. The motion was approved 6 — 0.
(B) Variance Request — Reduction in Side Property Line Setback Requirement -
2770 Fraser Street - Martin Preston
Mr. Wright stated the Zoning Code requires accessory buildings to be set back a minimum of 10'
from the side property line. Mr. Wright stated the existing accessory structure at the subject
property is set back 4' from the side property line. Mr. Wright stated staff supports the variance
with a number of additional requirements.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
Council Member Hawkins asked Mr. Preston to explain to those present why this variance is
needed. Mr. Preston stated he was unaware of the setback requirement at the time he started
construction of the accessory building, and that an addition to his house is also planned. Council
Member Hawkins stated that a request from the City Marshal's Office for Mr. Preston to bring
the subject property into compliance with outside storage restrictions does not appear to have
been complied with. Council Member Hawkins asked Mr. Preston if he is scheduled to appear at
a compliance hearing in November, and Mr. Preston stated that materials shown in a photograph
of the subject property are shingles which he has stopped installing on the accessory building.
Council Member Hawkins asked Mr. Preston if he is scheduled to appear in Municipal Court
regarding this code compliance matter. Mr. Preston stated he was not given any paperwork for a
court appearance, and that an old car in his back yard was removed about a month ago. Mayor
Bacon asked Mr. Preston how long this project has been under construction, and Mr. Preston
stated the work began over a year ago. Mr. Preston provided details of an erosion problem in his
yard, and stated that the City Marshal's photograph does not give a complete picture of the
situation at the subject property. Mayor Bacon asked Mr. Preston when he expects to complete
the project, and Mr. Preston provided details of work he has done on the project. Council
Member Cramer asked Mr. Preston if he obtained a building permit before starting construction,
and Mr. Preston answered no. Council Member Hawkins asked Mr. Miller if Mr. Preston is
required to appear in court regarding the code compliance action on May 14, 2002. Mr. Miller
stated that, based on information from the City Marshal's office, he understands Mr. Preston must
appear in court regarding a compliance matter. Mr. Miller stated there still appears to be some
non -compliant conditions in the back yard of the subject property, and that a condition of
approval of the requested variance is correcting the specified violations on the subject property.
Council Member Hawkins asked Mr. Miller if, in his opinion, the violations on the subject
property previously brought to Mr. Preston's attention are as yet uncorrected, and Mr. Miller
answered in the affirmative.
Mayor Bacon recognized Ms. Teresa Norsworthy, residing at 2780 Fraser Street. Ms. Norsworthy
stated she tried to discuss some of her concerns about conditions at the subject property with Mrs.
Preston previously, but Mrs. Preston was not cooperative. Mrs. Norsworthy stated that the
conditions on Mr. Preston's property are adversely affecting her quality of life on Fraser Street,
and that if she had known about these conditions she probably would not have moved there. Ms.
Norsworthy stated she has a photograph of the subject property which illustrates a large hole in
the ground at that location, and Ms. Norsworthy speculated the hole may have been there for the
purpose of installing a septic tank. Ms. Norsworthy expressed the view that Mr. Preston is not
being honest about his intentions, and that conditions at the subject location appear to be
gradually becoming worse. Mayor Bacon asked Ms. Norsworthy if she is not in favor of the
November 4, 2002
3
variance, and Ms. Norsworthy stated she is not. Ms. Norsworthy expressed the view that the
proposed plan does not meet any of the requirements of the Zoning Code. Ms. Norsworthy stated
the reason there is an erosion problem at the subject property is because Mr. Preston brought in a
backhoe and dug out the property.
Council Member Hawkins asked Mr. Miller if a variance will need to be considered for an
oversized accessory structure in this case. Mr. Miller stated that Cobb County records suggest
that the square footage of Mr. Preston's basement will be included in calculations used for
permitting purposes, but no actual measurements have been taken at the subject location. Mr.
Miller stated the size of the accessory structure is not presently believed to be a compliance issue.
Council Member Hawkins asked Mr. Miller to explain the Code requirement that accessory
structures be constructed of materials that are similar in appearance to those used in the principal
building on the property. Mr. Miller stated the intent of the code is not to require accessory
structures to exactly match principal structures, but rather to ensure that no unsightly structures,
such as those made of corrugated metal, are erected in residential areas. Council Member
Lnenicka asked Mr. Miller what type of material Mr. Preston's house is constructed of, and Mr.
Miller stated it appears to be finished with ordinary siding. Mr. Miller stated that the accessory
structure is incomplete, that it was started with no permit issued, and that the finishing process
cannot move forward until a variance application procedure is completed which will either allow
Mr. Preston to keep the building in its current location or require him to relocate it. Mr. Miller
stated he cannot at present speculate what the building will look like when completed. Mr.
Preston stated the hole in the ground at his property described by Ms. Norsworthy was for the
installation of a trampoline. Mr. Preston stated that Ms. Norsworthy has called the City police
department on a number of occasions with various complaints against him, which Mr. Preston
stated are unfounded. Mr. Preston stated that Ms. Norsworthy is harassing him, but that he will
still try to be a good neighbor and try help Ms. Norsworthy if she ever asks him to. Mayor Bacon
asked Mr. Preston if he currently owns the subject property. Mr. Preston stated the subject
property is owned by his father-in-law, and that his father-in-law is in the process of transferring
the title to him.
Mayor Bacon recognized Ms. Florence Anderson, who stated she resides in the subject vicinity.
Ms. Anderson stated she does not understand how power tools can be operated at the subject
location if there is no electrical power there. Ms. Anderson stated that, in addition to unsightly
conditions at the subject property, there is also noise disturbance emanating from the subject
location. Ms. Anderson stated that, especially during the summer months when windows are kept
open, noise can be heard from the subject location late at night. Mayor Bacon asked Ms.
Anderson if the noise disturbance seems to occur during construction activity at the subject
location. Ms. Anderson said the construction has been going on for a long time, and that there
must be electrical power there for the power tools and lights that are in use at the subject location.
Ms. Anderson stated Mr. Preston does not appear to do any work during the day, so she does not
understand why it is necessary to do this work late at night. Ms. Anderson asked if there are City
ordinances banning noise disturbance, and Mayor Bacon answered in the affirmative. Ms.
Anderson stated she recently heard a chainsaw in operation at the subject location at around 9:00
p.m.
Mr. Preston stated he has recently used a chainsaw at his residence, but not at 9:00 p.m. Mr.
Preston reminded those present that daylight savings time is currently in effect, and that he was
not operating the saw after 7:30 p.m. Mr. Preston acknowledged that on at least one previous
occasion he was operating a power tool late at night, but that the City police responded to his
location about the noise and he has not used power tools late at night since that incident. Council
Member Hawkins stated that the Community Development Department has indicated support of
the variance request conditioned on at least three stipulations, including a requirement that the
applicant eliminate excess outside storage which was originally noted by the City Marshal on
May 14, 2002. Council Member Hawkins stated it does not appear that the specified violations
have been corrected.
MOTION: Council Member Hawkins made a motion to table the variance request for a reduction
in side property line setback requirement at 2770 Fraser Street for Martin Preston until the
December 2, 2002 Council meeting. The motion was seconded by Council Member Scoggins.
Motion was approved 6 — 0.
(C) Privilege License Request — Retail Package Sales (Beer and Wine) — L & S Food Mart —
4495 South Cobb Drive — Layli Salimi
Mr. Wright stated inquiry by the City police department has disclosed no information which
would preclude issuance of the requested license, and that all pertinent requirements of the City
Ordinance appear to have been met by the applicant.
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November 4, 2002 4
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka recognized Ms. Layli Salimi and Mr. Abdol Shahrokhifard.
Mr. Shahrokhifard stated he is the manager at L & S Food Mart (LSFM), and that he has fifteen
years of experience in retail sales. Council Member Lnenicka asked where LSFM is located, and
Mr. Shahrokhifard stated it is near South Cobb Drive and the East-West Connector. Council
Member Lnenicka asked Mr. Shahrokhifard if he owns the property, and Mr. Shahrokhifard
answered in the affirmative. Council Member Lnenicka asked Mr. Shahrokhifard if he has been
furnished with a copy of the City Ordinances pertaining to alcoholic beverage sales and if he
understands them, and Mr. Shahrokhifard answered in the affirmative. Council Member
Lnenicka asked Mr. Shahrokhifard if he understands the license holder's responsibilities in
ensuring that alcoholic beverages are not sold to underage persons, and Mr. Shahrokhifard
answered in the affirmative. Council Member Lnenicka asked when LSFM will officially open
for business, and Mr. Shahrokhifard answered November 6. Mayor Bacon asked Mr.
Shahrokhifard and Ms. Salimi to make sure that all purchasers of alcoholic beverages are required
to present proper identification before any alcoholic beverages are sold.
Motion: Council Member Lnenicka made a motion to approve a privilege license request for
retail package sales of beer and wine for L & S Food Mart at 4495 South Cobb Drive, and the
motion was seconded by Council Member Wood. Motion was approved 6 — 0.
(D) Privilege License Request — Retail Package Sales (Beer and Wine) Fank, Inc. DBA
Exxon Food Mart — 677 Concord Road — Ahmed Husnani
Mr. Wright stated inquiry by the City police department has disclosed no information which
would preclude issuance of the requested license, and that all pertinent requirements of the City
Ordinance appear to have been met by the applicant.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood asked Mr. Husnani if the Exxon store on Concord Road has been closed,
and Mr. Husnani answered in the affirmative. Council Member Wood asked Mr. Husnani if the
Exxon store on Concord Road has been sold, and Mr. Husnani stated it is under new manage-
ment. Council Member Wood asked Mr. Husnani if he has previous experience as an agent, and
Mr. Husnani answered no. Council Member Wood asked Mr. Husnani if he is familiar with the
City Ordinance pertaining to sale of alcoholic beverages, and Mr. Husnani answered in the
affirmative. Council Member Wood asked Mr. Husnani if he has been furnished with a copy of
the City Ordinances pertaining to alcoholic beverage sales, and Mr. Husnani answered in the
affirmative. Council Member Wood reminded Mr. Husnani that checks are periodically made to
make certain that laws pertaining to sale of alcoholic beverages to underage persons are being
complied with. Council Member Wood asked Mr. Husnani what plans he has to train employees
to sell alcoholic beverages in a lawful manner, and Mr. Husnani provided details of a new point -
of -sale system which is being installed at Exxon Food Mart (EFM) which prompts cashiers to
check for identification when alcoholic beverages are sold. Council Member Wood asked Mr.
Husnani if he will usually be on the premises at EFM, and Mr. Husnani answered in the
affirmative. Council Member Wood asked Mr. Husnani what the hours of business for EFM will
be, and Mr. Husnani stated the planned hours are 6:00 a.m. until midnight. Council Member
Wood stated that, with several shifts to be covered, Mr. Husnani will need to make certain that all
EFM employees understand the regulations for sale of alcoholic beverages. Mayor Bacon
recognized Ms. Kamira Sohani and asked Ms. Sohani if she will be on the premises at EFM, and
Ms. Sohani answered in the affirmative. Mayor Bacon asked Mr. Husnani when EFM will open
for business, and Mr. Husnani stated at the end of this week.
MOTION: Council Member Wood made a motion to approve a privilege license request for
retail package sales of beer and wine for Fank, Inc. DBA Exxon Food Mart at 677 Concord Road
for Ahmed Husnani, and the motion was seconded by Council Member Lnenicka. Motion was
approved 6 — 0.
(E) Privilege License Request — Retail Pouring (Beer and Wine) — The Village Cafe and
Gourmet — 1260 W. Spring Street — Thuy Nguyen
Mr. Wright stated inquiry by the City police department has disclosed no information which
would preclude issuance of the requested license, and that all pertinent requirements of the City
Ordinance appear to have been met by the applicant.
Mayor Bacon recognized Ms. Thuy Nguyen. Council Member Scoggins asked Ms. Nguyen
if she has previously had a license for sale of alcoholic beverages, and Ms. Nguyen answered no.
Council Member Scoggins asked Ms. Nguyen if she has been furnished with a copy of
November 4, 2002
the City Ordinances pertaining to alcoholic beverage sales, and Ms. Nguyen answered in the
affirmative. Council Member Scoggins asked Ms. Nguyen if she understands the City
Ordinances pertaining to alcoholic beverage sales, and Ms. Nguyen answered in the affirmative.
Council Member Hawkins asked Ms. Nguyen if she understands that all the servers in her employ
will need to be fingerprinted and obtain a serving permit, and Ms. Nguyen answered in the
affirmative. Council Member Scoggins asked Ms. Nguyen what plans she has for training
Village Cafd and Gourmet (VCG) servers how to serve alcoholic drinks in a lawful manner. Ms.
Nguyen stated she has a manger who will assist with training. Council Member Scoggins asked
Ms. Nguyen what the first step is before serving an alcoholic beverage, and Ms. Nguyen stated all
purchasers of alcoholic beverages at VCG will be required to present proper identification.
Council Member Newcomb stated he is glad to have VCG in the City.
MOTION: Council Member Scoggins made a motion to approve a privilege license request for
retail pouring of beer and wine for The Village Cafe and Gourmet at 1260 W. Spring Street for
Thuy Nguyen, and the motion was approved by Council Member Newcomb. Motion was
approved 6 — 0.
FORMAL BUSINESS:
(A) Approval of Abandonment of a Portion of Mavell Road — Ashton Atlanta Residential
Mr. Wright stated that Ashton Atlanta Residential (AAR) owns both sides of the subject right-
of-way. Mr. Wright stated the City Engineer has reviewed this request and recommends
approval.
Council Member Wood stated that approval of the abandonment will eliminate a grade crossing at
the Silver Comet Trail resulting in safer conditions at that location. (Clerk's note: A copy of a
plat map illustrating the area to be abandoned is attached as Exhibit A)
MOTION: Council Member Wood made a motion to approve abandonment of 386 linear feet of
Mavell Road between the Silver Comet Trail and the East-West Connector to Ashton Atlanta
Residential, and the motion was seconded by Council Member Cramer. Motion was approved 6
—0.
COMMERCIAL BUILDING PERMITS:
(A) Building Permit for 9600 Square Foot Warehouse — Smyrna Beverage Warehouse
4474 South Cobb Drive — Anwar Moorali
Mr. Wright stated the proposed building is to be located at the Publix shopping center at East-
West Connector.
Council Member Lnenicka stated the applicant advocates an ordinance requirement for all
purchasers of alcoholic beverages to present appropriate identification at the point of sale.
Council Member Lnenicka stated the building plan, which calls for brick on four sides, complies
with the requirements of the South Cobb Drive Overlay District.
MOTION: Council Member Lnenicka made a motion to approve a building permit for a 9600
square foot warehouse for Smyrna Beverage Warehouse at 4474 South Cobb Drive for Anwar
Moorali, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0.
CONSENT AGENDA:
(A) Approval of October 21, 2002 minutes
(B) Authorization to receive bids for 64-Channel Digital Recording System for 911 Center
Authorization to receive sealed bids for a replacement system is requested.
(C) Award of Bid# 3-017 for Contract Unit Pricing for the Open Cut Method of Water and
Sewer System Repair and Replacement
Eleven vendors were solicited and three responded. Staff has reviewed these bids and
recommend award to the overall lowest bidder, Ralph Ardito's Ditching and Pipeline.
(D) Award of Bid# 3-016 for Repair and Replacement of Sanitary Sewer Using the Pipe
Bursting Method
Ten vendors were solicited for bids and six responded. Aqua Environmental, K. M.
Davis, and Southeast Pipe Survey were consistently low on the bid items specified.
Public Works and Purchasing staff recommend split bid award to the following vendors:
November 4, 2002
M
Aqua Environment and K. M. Davis — Item 1, pipe bursting; Item 2, service connections,
and Item 3, subsidiary manhole rehabilitation
Southeast Pipe Survey — Item 4, pipeline cleaning and video; Item 5, non -subsidiary
manhole rehabilitation
(E) Award of Bid# 3-015 for Repair and Replacement of Sanitary Sewer Using the CIPP
Process
Ten vendors were solicited for bids with four vendors responding. Public Works and
Purchasing staff recommend split bid award to Reynolds, Inc. and Southeast Pipe Survey.
(F) Approval of Records Management Policy and Appointment of City Clerk as Records
Management Officer
Approval of a written policy to help ensure compliance with generally accepted rules of
records administration is requested. This action will also designate the City Clerk as
Records Management Officer
(G) Approval of Open Records Policy
Approval of a written policy to help ensure compliance with the Georgia Open records
Act is requested.
(H) Approval for Use of Council Chambers on Thursday, November 7, 2002 for the Purpose
of a Ward 6 Meeting (Ivy Glen HOA)
(I) Approval of Sale of Surplus Cisco Network Equipment
The IS Department has received offers to purchase two pieces of network equipment that
are no longer suitable for the City's system. The IS Department recommends sale to the
high bidder ($6,900), with the proceeds to be used for system improvements.
(J) Approval of October 31, 2002 Special Called Council Meeting Minutes
MOTION: Council Member Scoggins made a motion to approve the consent agenda, and the
motion was seconded by Council Member Cramer. Motion was approved 6 — 0.
COMMITTEE REPORTS:
Mayor Bacon reminded those present that tomorrow is Election Day, and urged everyone to vote.
Council Member Newcomb yielded the floor with no report.
Council Member Scoggins yielded the floor with no report.
Council Member Hawkins stated a citizen, who is not present, asked him to explain why he voted
to approve a construction project which requires removal of some old trees. Council Member
Hawkins stated he did not vote for tree removal, but rather for rehabilitation of an area which has
been in a state of decline. Council Member Hawkins stated the owner of the property was within
their rights to sell the property, and that the developers are within their rights to develop it. /
Council Member Hawkins stated that approval of the development was an opportunity to replace
dilapidated structures with new ones. Council Member Hawkins stated that the zoning which was
approved for the subject property is compatible with zonings in the surrounding vicinity. Council
Member Hawkins stated the subject property currently appears unattractive because of the
construction in progress. Council Member Hawkins stated requirements are in place which
require developers to replace trees that are .lost in the construction process. Council Member
Hawkins stated that when this project is complete, the subject area will have a much -improved
overall appearance. Council Member Hawkins stated he is proud of the vote he made on this
project, and that if he had it to do all over again, his vote would be the same.
Council Member Cramer stated he has received inquiries regarding TAD signs which the City
government did not create or distribute. Council Member Cramer stated this matter will be
decided by the voting citizenry tomorrow. Council Member Cramer stated commemorative
bricks for the Veterans Memorial are still available.
Council Member Lnenicka read a very complimentary letter he received from a citizen
concerning Mr. Frank Adams. Council Member Lnenicka expressed appreciation to Mr. Adams
for his service to the community. Council Member Lnenicka reminded those present of the Ivy
Glen HOA meeting at City Hall on November 7. Council Member Lnenicka reminded those
present that tomorrow is Election Day, and urged everyone to exercise their right to vote. .
November 4, 2002
7
Council Member Wood stated the grand opening on October 26 for the Market Village was a
milestone for the City and a generally successful event. Council Member Wood reminded those
present that tomorrow is Election Day, and urged everyone to vote.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Floyd Millis, who expressed views about public debt.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:15 p.m.
A. MAX BACON, MAYOR
CHARLES PETE WOOD, WARD 7
SUSAN D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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WADE S. LNENICKA, WARD
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Upon Recording Return To:
David N. Dorough, Jr., Esq.
Dorough & Dorough, LLC
Two Decatur TownCenter, Suite 520
125 Clairemont Avenue
Decatur, Georgia 30030
(404) 687-9977
QUITCLAIM DEED
(Abandoned Mavell Road R/W)
THIS INDENTURE, made this day of 00,,.by and between the
CITY OF SMYRNA, party of the first part (hereinafter collectively referred to as "Grantor"),
and ASHTON ATLANTA RESIDENTIAL, L.L.C., a Georgia limited liability company, party
of the second part (hereinafter referred to as "Grantee").
WITNESSETH
WHEREAS, the Grantor is the owner of the portion of former Mavell Road (45' Right -
of -Way) located between the East-West Connector and The Silver Comet Trail in the City of
Smvrna. Cobb County, Georgia (hereinafter the "Property"), being more particularly described on
Exhibit 'A" attached hereto and by this reference made a part hereof, and
WHEREAS, the Grantee owns the property adjacent to both sides of the Property; and
WHEREAS, on November 4, 2002, at a regularly scheduled meeting of the City Council
of Smyrna ("Council"), the Council voted unanimously to approve the motion to abandon the
Property to Grantee;
NOW THEREFORE, Grantor, for and in consideration of the sum of one dollar ($1.00)
and other valuable consideration 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 lying and being in the Land Lot
533 of the 17th District, 2nd Section of Cobb County, Georgia, as more
particularly described on Exhibit "A" attached hereto and by this reference made a
part hereof.
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, the Grantor has caused this Deed to be executed under seal
as of the day, month and year first above written.
GRANTOR: CITY OF SMYRNA
By: (SEAL)
A. Max Bacon, Mayor
Signed, sealed, and delivered
in the presence of:
WITNESS
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EXHIBIT "A"
Legal Description
ALL THAT TRACT OR PARCEL OF LAND LYING and being in Land Lot 533 of the
17th District, 2nd Section of Cobb County, Georgia, being designated as "Mavell Road",
containing 0.35433 acres, as shown on that Boundary Survey for Ashton Atlanta Residential,
L.L.C., United General Title Insurance Company and Washington Mutual Bank, FA, prepared
by Watts & Browning Engineers, Inc., containing the seal of V. T. Hammond, Georgia
Registered Land Surveyor No. 2554, dated April 9, 2002, last revised October 31, 2002, being
more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at an iron pin found (1.5"
open top pipe) at the corner common to Land Lots 546, 547, 606 and 607 of the 17th District,
2nd Section of Cobb County, Georgia; thence north 00 degrees 29 minutes 00 seconds east along
the land lot line common to Land Lots 547 and 606 a distance of 412.62 feet to a point; thence
north 01 degree 21 minutes 22 seconds east along said land lot line a distance of 113.20 feet to a
point on the northern right-of-way of the East-West Connector (Variable R/W); thence along said
right-of-wav along an arc of a curve to the right an arc distance of 439.96 feet (said arc having a
radius of 2028.98 feet and being subtended by a chord bearing south 81 degrees 28 minutes 39
seconds west, and a length of 43 9. 10 feet) to a point; thence north 02 degrees 18 minutes 38
seconds west along said right-of-way a distance of 23.50 feet to a point; thence south 88 degrees
01 minutes 10 seconds west along said right-of-way a distance of 23.10 feet to a point; thence
south 01 degrees 39 minutes 02 seconds east along said right-of-way a distance of 23.50 feet to a
point; thence along said right-of-way along an arc of a curve to the right an arc distance of
1405.35 feet (said arc having a radius of 2028.98 feet and being subtended by a chord bearing
north 71 degrees 48 minutes 29 seconds west, and a length of 1377.42 feet) to a point; thence
north 51 degrees 57 minutes 56 seconds west along said right-of-way a distance of 1030.28 feet
to a point (concrete monument found 2.2 feet southeast and on line) at the intersection of the
northeastern right-of-way of the East-West Connector (Variable R/W) and the northwestern
right-of-way of Mavell Road (45' R/W+), said point being the TRUE POINT OF BEGINNING;
FROM THE TRUE POINT OF BEGINNING thence north 52 degrees 04 minutes 39 seconds
east along said right-of-way a distance of 288.74 feet to a point; thence along said right-of-way
along an arc of curve to the left an arc distance of 58.38 feet (said arc having a radius of 285.47
feet and being subtended by a chord bearing of north 46 degrees 37 minutes 14 seconds east and
a length of 58.27 feet) to an iron pin found (1 /2" RB) at the intersection of Mavell Road and the
southern right-of-way of Seaboard Airline Railroad (Variable R/W) (said point being south 71
degrees 55 minutes 29 seconds east along said railroad right-of-way from the intersection of said
right-of-way and the land lot line common to Land Lots 476 and 533, said district, section and
county); thence south 71 degrees 17 minutes 14 seconds east along said railroad right-of-way a
distance of 47.32 feet to a point on the southeastern right-of-way of Mavell Road (45' R/W±);
thence along said right-of-way of Mavell Road along an arc of curve to the right an arc distance
of 85.22 feet (said arc having a radius of 329.82 feet and being subtended by a chord bearing of
south 45 degrees 04 minutes 36 seconds west and a length of 84.98 feet) to a point; thence south
52 degrees 28 minutes 43 seconds west along said right-of-way a distance of 242.15 feet to a
point; thence along said right-of-way along an arc of curve to the right an arc distance of 36.48
feet (said arc having a radius of 254.80 feet and being subtended by a chord bearing of south 56
degrees 34 minutes 48 seconds west and a length of 36.45 feet) to a point at the intersection of
the northeastern right-of-way of the East-West Connector (Variable R/W) and the southeastern
right-of-way of Mavell Road (45' R/W+); thence north 51 degrees 57 minutes 56 seconds west
along said right-of-way of East-West Connector (Variable R/W) a distance of 41.01 feet to a
point, being the POINT OF BEGINNING.
RIflients\1014\Creekside At Vinings tka E-W Connector\E-W Connector ;'_\Acquisition\Legal Description - Mavell Road.doc
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