Sample2Vance C. Smith, Jr., Commissioner
August 16, 2011
City of Smyrna
2190 Atlanta Road
Smyrna, GA 30080
Cv'
GEORGIA DEPARTMENT OF TRANSPORTATION
One Georgia Center, 600 West Peachtree Street, NW
Atlanta, Georgia 30308
Telephone: (404) 631 -1000
RE: RIGHT OF WAY MOWING AND 05-2011-005-067,
TENC GREE730738NTSATEROUTE 280,
M.P. 5.29, COBB COUNTY, pernuit no.
Dear Applicant:
Your Agreement has been approved by the Commissioner or a Designee. The work is to beperformedontheDOTR/W which is located adjacent to the property on the W side of SR 280
beginning 158 feet N of centerline of Church Road and fronting 2100 feet further S along the
roadway.
By copy of this letter your approved copy of the agreement is being forwarded to our AreaEngineer, Sebastian Nesbitt. It will be necessary for you or your representative to contact James
Darden, Permit Inspector, (Phone: (770) 528 -3231) approximately 24 hours before you plan to
begin work to claim your agreement. At this time, the Permit Inspector will discuss with youconstructionmethods, safety requirements, and details of the agreement. You or your contractor
shall certify to the DOT Permit Inspector when claiming agreement or prior to beginning work, that the license or its contractor has the minimum amounts of current insurance coverage as
required by the agreement. It will be the License's responsibility to provide evidence of
insurance renewal at least fifteen (15) days prior to any expiration dates.
City of Smyrna
August 16, 2011
page 2
In conjunction with routine work performed under authorization of this agreement, the following
shall also be applicable:
1) Grass shall be mowed no shorter than three (3) inches.
2) Fertilizer application to be based on soil test.
3) Use of any herbicides must be approved by the DOT prior to application.
You shall contact the Permit Inspector's Office each time (24hours in advance) you desire to
exercise this agreement. The agreement will be held at the Area Engineer's office for 60 days. If
you do not claim the agreement within 60 day period, it will be returned to this office and
canceled. Your acceptance of the agreement will indicate to us your intention to comply with all
stipulations and requirements of the agreement.
Sincerely,
Bryant Poole
District Engineer
By: Kat e Mullins
District Access Engineer Supervisor
BP:KM:eb
Cc: Kathy Zahul P.E., State Traffic Safety Design Administrator
Attn: Daphne Cautela
Sebastian Nesbitt, Area Engineer, Area 2
Attn: James Darden
Rev: May21, 2010
RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT
By and Between
THE
GEORGIA DEPARTMENT OF TRANSPORTATION
AND
City of Smyrna
Permit no. 05- 2011- 005 -067, AMPS 730738, Cobb County, SR 280, MP 5.29; City of Smyrna, (grass strip)
THIS AGREEMENT made and entered into this yW day of (_ , 20 ( _
by and between the DEPARTMENT of Transportation, an agency of the State of Georgia,
hereinafter alternately referred to as "DEPARTMENT" or "LICENSOR ", and the City of
Smyrna hereinafter referred to as "LICENSEE ".
WHEREAS, the DEPARTMENT desires to enter into a public /private partnership to
perform certain services relating to mowing and maintenance within DEPARTMENT'S right
of way, hereinafter called the "PROJECT ", and
WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such
permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated
with the PROJECT; and
WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are
qualified and experienced to provide such services and the DEPARTMENT has relied upon
such representations;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants as
herein contained, it is agreed by and between the parties hereto that:
ARTICLE I
SCOPE OF PROJECT
The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed,
the PROJECT consisting of certain services related to maintaining an identified section of the
DEPARTMENT'S rights of way.
This permission shall be granted by the means of this Agreement for the entire scope of
the PROJECT, as set forth herein.
The maintenance duties and responsibilities of the LICENSEE are defined and set forth
in Article XI — MAINTENANCE WORK PLAN of this Agreement, and further enumerated
and described in Exhibit `A' — Application and Permit for Special Encroachment with approved
drawings or final working drawings for a Department- approved construction PROJECT.
Exhibit `A' is attached hereto and incorporated by reference as if fully set out herein. The
PROJECT location shall be defined or delineated as part of Exhibit `A'. The, required Special
Encroachment Permit and/or the construction PROJECT final working drawings are to be
approved or issued by the DEPARTMENT.
Should the LICENSEE desire that these maintenance services be performed by a third
party, LICENSEE and the third party shall enter into subsequent agreement, whereby the
LICENSEE shall assume all responsibility of repayment to the third party for those services to
be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement
between LICENSEE and any third parties to this Agreement, shall meet all operational and
administrative requirements, including the provisions of liability insurance, set forth by the
DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE
and any third parties, as set forth in Article VIII, herein.
ARTICLE II
EXECUTION OF CONTRACT AND AUTHORIZATION
TIME OF PERFORMANCE
Time is of the essence in this agreement. The LICENSEE shall execute this Agreement
and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from
the DEPARTMENT.
The LICENSEE shall begin work on the PROJECT under this Agreement immediately
after receiving a signed and executed copy of the.Agreement (unless noted otherwise in Exhibit
A or upon PROJECT construction completion).
Subject to the terms and conditions set forth in this Agreement, and upon execution of
this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and
maintain, as set forth in Article XI- MAINTENANCE WORK PLAN, that specific section of
right -of -way identified in this Agreement, and herein defined as the PROJECT.
The duration of this Agreement shall be for fifty years from the date above first written
unless terminated sooner by the DEPARTMENT or LICENSEE.
ARTICLE III
SUBSTANTIAL CHANGES
If, prior to the satisfactory completion of the services under this Agreement, any party
materially alters the scope, character or complexity of the services from those required under the
Agreement, a Supplemental Agreement shall be executed between the parties. It is understood,
however, that LICENSEE shall not engage in any activities or conduct any work which would
be considered to be outside the scope of the permission granted to LICENSEE by the
DEPARTMENT. Minor changes in the work which do not involve increased compensation,
extensions of time or changes in the goals and objectives of the work may be made by written
notification of such change by any party with written approval by the other parties.
ARTICLE IV
ASSIGNMENT
It is understood by the LICENSEE that the work is considered personal and, except as
provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their
interest in this Agreement without prior written approval of the DEPARTMENT.
ARTICLE V
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Fulton County, Georgia,
without reference to its choice of law doctrine, and all questions of interpretation and
construction shall be governed by the laws of the State of Georgia. Any litigation arising out of
this contract shall be commenced within the State of Georgia. The foregoing provisions shall not
be construed as waiving any immunity to suit or liability, including without limitation, sovereign
immunity which may be available to the Department.
ARTICLE VI
INSURANCE
Prior to beginning work,the LICENSEE shall obtain and certify to the DEPARTMENT
that it has the following minimum amounts of insurance coverage:
a) Workmen's Compensation Insurance in accordance with the laws of the State of
Georgia.
b) Public Liability Insurance in an amount of not less than one hundred thousand
dollars ($100,000) for injuries, including those resulting in death to any one person, and in an.
amount of not less than three hundred thousand dollars ($300,000) on an account of any one
occurrence, or proof of self insurance.
c) Property Damage Insurance in an amount of not less than fifty thousand dollars
50,000) from damages on account of any occurrence, with an aggregate limit of one hundred
thousand dollars ($100,000), or proof of self insurance.
d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any
plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT.
e) Insurance shall be maintained in full force and effect during the life of the
PROJECT.
The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of
insurance evidencing such coverage. These certificates shall also provide that the insurance will
not be modified or canceled without a 30 day prior written notice to the DEPARTMENT.
Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be
considered a default and cause for termination of this. Agreement and forfeiture of the
Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the
expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies,
or other acceptable evidence of insurance with the DEPARTMENT.
ARTICLE VII
COMPENSATION
It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT,
and without compensation from the DEPARTMENT. It is further agreed that any and all issues
relating to compensation and payment shall be resolved by and between LICENSEE and any
successors, subcontractors, or assigns thereto.
The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT
be required to conduct any inspections and/or supervision of the PROJECT beyond that which
would normally occur in the ordinary course of the DEPARTMENT'S maintenance activities,
LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate
of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed
a rate determined to be reasonable by the parties.
Should LICENSEE and the DEPARTMENT desire to change this agreement at a later
date to provide for compensation to LICENSEE, or any successors or assigns thereto, such
change shall only be permitted by a supplemental agreement as set forth in Article III herein.
Any supplemental agreements involving compensation shall be subject to the DEPARTMENT
review and approval.
ARTICLE VIII
RESPONSIBILITY FOR CLAIMS AND LIABILITY
LICENSEE NOT AGENT OF DEPARTMENT
LICENSEE, and all successors and assigns thereto, shall save harmless the
DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages
of any nature whatsoever resulting from the performance of work assigned to LICENSEE under
this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or
damage to landscaping, landscape related items, and any other non-standard and decorative
elements installed by or for the LICENSEE within the right of way, and for any damage to the
DEPARTMENT'S signs, structures, or roadway fixtures, if LICENSEE causes the damage.
These indemnities shall not be limited by reason of the listing of any insurance coverage.
It is further understood and agreed that LICENSEE, or any successor or assigns thereto,
in the conduct of any work involved in the PROJECT, shall not be considered the agent of the
DEPARTMENT or of the State of Georgia.
ARTICLE IX
TERMINATION OF CONTRACT
The DEPARTMENT may terminate this contract for just cause at any time by giving of
thirty (30) days written notice of such termination. Upon receipt of such notice of termination,
LICENSEE shall discontinue and cause all work under this contract to terminate upon the date
specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid
for any amounts as may be due it as specified in Article VII up to and including the specified
date of termination. LICENSEE shall have the right to terminate this contract at any time,
provided that such termination is first approved by the DEPARTMENT, and that the
DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII.
The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT
allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise
in writing by the DEPARTMENT, shall be contingent upon the following:
A. The LICENSEE, at the discretion of the DEPARTMENT, removing the planted
landscaping, landscape related items, and any other non-standard and decorative elements
that were installed by or for the LICENSEE at no cost to the DEPARTMENT.
B. The LICENSEE restoring the removed landscape areas to their original condition or a
condition that meets federal standards and is acceptable to the DEPARTMENT.
C. The LICENSEE restoring the removed non-standard and decorative elements with
standard DEPARTMENT elements that meet federal and state requirements.
D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds
used to purchase and install the landscaping, landscape related items, and other non-
standard and decorative elements that are no longer to be maintained by the LICENSEE.
The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to
perform the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the
DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to
items "A", `B", "C", and "D" above, as applicable, and then terminate the agreement.
ARTICLE X
COMPLIANCE WITH APPLICABLE LAW
The undersigned certify that:
A. This Agreement is subject to applicable state and federal laws, standards, and
rules and regulations.
B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of
Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading
with the State have been complied with in full.
C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of
Georgia Annotated,relating to the"Drug-Free Workplace Act"have been complied with in full.
ARTICLE XI
EXHIBIT A MAINTENANCE WORK PLAN/LANDSCAPE MAINTENANCE AGREEMENT
For all maintenance activities,at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices(MUTCD)
standards,current edition,for temporary traffic control.Move equipment or materials on or across a traveled way in a
manner as not to unduly interfere with traffic.
Mowing and trimming of grass
Maintain a neat appearance and clear sight lines for pedestrian and vehicular traffic.
Litter
Completely remove all litter and debris and other objectionable material on site.
Do not deposit or blow litter,debris and vegetation into gutters or drainage structures.
Make disposal in accordance with local and state laws.
Remove all graffiti within project limits
Installed Sidewalks
Maintain and repair sidewalks according to the Americans With Disabilities Act(ADA)
NOTE:
All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of
way project limits,such as travel lane/walkway closures,require the LICENSEE notify the Department at least 48 hours
prior to the activity to coordinate and gain Depai talent approval.
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GRA.FH[C SClLE (FEET)ALIWORNTOBEDONEINACCORDANCEWITHTHESPECIFICATIONSOFTHEDLPARTMENTOFFRAN,ORTATION OF GEORGIA CURRENT EDITION. AS APPROVED BYTHEEDERAIHILHWAT.ADMIN,STRATION_ ND AS MOD IUD BY CONTRACT i d ` (CROPI Foocu4e
ENGINEERING -C_=.Ry ioNOTEHIS-PROJECT IS LOCATED 100%IN
LOBS OUNtt ALL EFERENGES IN THIS DOCUMENT WHICH DF L PAPERS WRITINGS DOCUMENT:LK lemu.
o+mHE-T L_TED 1008 IN DRAWINGS, PHOTOGRAPH E OR f0 BE USED ',ON E'O TH THIS DOCUMENT TO FR£P,tREO B m.n 0°"CONGRE,IONAL O'iR I3. STATE HICHWAY DEPARTMENT OF GEORGIA".'STATE HIGHWAY DEPARTMENT'. CfORGIA STATEi%PROJELT IS LOCATED 1007.IN HIGHWAY DEPARTMENT" Hr DE R'ME OR DFEART ENT'WHEN THE CONTEXT THEREOF OE C,LAND DISTRICT MEANS THE TTATE HI,HWAY DEPARTMENT OF OfORD,ME^.N,AND SHALL HE DEEMED TO MEAN 4--A 7,THE DEPARTMENT OF TRANSPORTATION O LI,,Q
PROJECT DE,GNATION E EMPi
P CLASSIFICATION MOOR ARTERIAL
THE DATA TOGETHER 1H ALL OTHER INFORMATION OYN ON THESE PANS,OR N ANY WAY OESICN
FUNCTIONAL CLASFICAi DN MAJOR ARER AL
INDICATED THEREBY.WHETHER B DRAWINGS .R NOTES.OR N ANY OTHER MANNER,ARE NA EDUPONFIELDINVEST,.IONS AND ARE BEIJEVED TO BE INDICATIVE OF ACTUAL CONDITIONS PANS LOAAPTFTEO.01 II-2011HOWEVER,THE SAME ARE SHOWN AS INFORMATION L O, GUARANTEED AND DO NOT RE-4,10ICHIND1HEDEPARTMENTOfINA,PORTATION IN ANY WAY THE ATTENTION OF THE BIDDER ISSPECIFICALLYDIRECTEDTOARTICIES102DA1205ANOIOa03OFTHESPECIFICATIONSOF OHIO STREET NO _ 'E0! Ti '7-- _ '''Y/C N =fN R FTHEDEPARTMENTOF
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PTA A0 COBB C F„FOR THE ' iNIL E OF ROADSOF THIS — BRIDGES,CURRENT EDITION.AND AN!MODIFICATIONS THE 2EOf WHICH WILL BE A PART OF THISCONTRACT.
ALL WORK TO DE DONE IN ACCORDANCE WITH THE SPEC:ICAADNA OF
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FEDERAL
DEPARTMENT Of __ -------- --..—TRANSPORTATION OF GEORGIA CURRENT EDITION AS APPROVED BY THE FEDERAL HIGHWAYADMINISTRATION.-AND AS MODIFIED BY CONTRACT DOGNENTS
i', DEPARTMENT OF TRANSPORTATIONT.A TION
7367STATEOFGEORGIA
ATLANTA, GEORGIA
30334-1002 FOR DOT USE ONLt)
Distribution
AFTER APPROVAL) F_OG F District No.
White–Applicant
Yellow–General Office c,, State Highway No. 280
Blue–District Engineer I =>t Milepost No.5.29
Green–Field Inspector 3 ;? r ! County Cobb
Permit No.Q7 dew 4)05--_ Q G 7 •
APPLICATION AND PERMIT FOR SPECIAL ENCROACHMENT
TO:GEORGIA DEPARTMENT OF TRANSPORTATION, ATLANTA, GEORGIA 30334-1002
Application is hereby made by City of Smyrna 770/431-2850
Name of Applicant Area Codc) Phone No.
2190 Atlanta Road Smyrna,GA 30080
Post Office Address City and State Zip Code
for permission to accomplish work on the Right-of-Way of STATE HIGHWAY NO. 280
U.S. within the City Limits of
Smyrna
and in Cobb
County,in accordance with the ATTACHED PLANS and subject to the Rules and Regulations for Driveway and Encroachment Control on file
in the General Office of the Georgia Depai truent of Transportation, and made a part hereof by reference thereto,and any SPECIALREQUIREMENTSsetforthherein. The description of the proposed work is to:
To include the construction of a 8 foot wide concrete sidewalk on the west side of the roadpedestrian signal/safety improvements at the Church Road andConcordRoadintersections,and the resurfacing of the existing roadway and curb and gutter where necessary.
The proposed work site is located on the property on the W side of the highway beginning 158 Feet,
N.S.E.W. From Nearest StreetNofthecenterline,of Church Road and Fronting 2100N.S.E.W. Nearest Street or Road Total Frontage UsedFeetfurtherSalongsaidHighway;and at mile post 5.29
N.S.E.W.
Permit requested this 15th day of March 20 11
1 O N A eq>c By Keith Williamsr'rofi ass in Ink on All Copies
JL /2
l•ype or• ' Name
W-itness, Ink on A&CC
Sign in Ink on All Cope
Title City Engineer
IfAgent or Official for Applicant
FORM TO BE COMPLETED BELOW THIS LINE BY GEORGIA DEPARTMENT OF TRANSPORTATIONNon-Limited Access.-.,Approval b Dis rict is
7 dat =Are*on tachea Limited ss-Approval by General Once45RefgegirAN
in copy and wiF1 remain t u 1.11141 r t e ? dep#b of the matt- ' '
ik st,oMm in the "typical•{a+retrveAt widening section" of this plan must be adtttred hI have been agreedaddition8l access point(5)
well as at1 other special provisions. These depths will be checl d even aflcr t#ris job t o for future drives
co r tad and if any dsriationa are found the appliEant witl be responsible let ia+!'trr
de rr proper
I
Irrectmil GRANTED to perform the above-described work in accordance 'th Rg6UiK lO1E &f the Georgia Depallruent
of Transportation;this Ja day of M "4"/ e2
This permit is to be strictly construed and no work other than that specifically DEPARTMENT OF i. SPORTATdescribedaboveisherebyauthorized. The work authorized herein must begin
within three months from the date ofapproval and must become completed on STATE OF GEORG ;
a schedule satisfactory to the department and not to exceed twelve monthsfromthedatethepermitisapproved. By
No modfeations or changes may be made n the lent of this peonR,unless agreed upon inwding by the Department A copy of
f e
theloco Inr Ns peon*is on file with the Department'sOffice at Traffic Operetlans,General Office,and the language therein shell ENGINEERbedeemedtocontestIntheeventofanydisputeconcendrpthespecificprovisionsofthispermitoranymodcabonstosame.
Title
The covenants herein contained shall, except as otherwise provided, accrue to the benefit
of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the
day and year above first written.
GEORGIA DEPARTMENT OF TRANSPORTATION
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Commissioner or designee oF.• ...... ...°,R,
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LICENSEE:
1
Title) A. MAX BACON, MAYOR
Sworn before me t;s
UI day • 41i 29 .
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7( 4,41/1wo.04.4,4 D t
at „
NOTARY `UBLIC
My commission expires .
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8. CONSENT AGENDA:
A) Approval of May 16,2011 Mayor and Council Meeting Minutes
B) Approval of Hillside Road closure between Pinehill and Bank Street for neighborhood block party on
Saturday,June 18,2011 from 10:00 am- 10:00 pm.
C) Approval of cost proposal and schedule for the design of the Atlanta Road Median Improvement Project
with Arcadis and authorize Mayor to sign and execute related documents
D) Approval of complete design services of the Concord Road Improvements with Arcadis and authorize
Mayor to sign and execute related documents
E) Award RFQ 11 025 Belmont lift Station to the lowest bidder KM Davis Contracting Co.for the
replacement of the Belmont Lift Station for$415,110.00 and authorize the Mayor to sign and execute any
associated documents
F) Award bid RFQ 11 026 to the lowest bidder 24/7 Technology for the upgrade to the City UPS
uninterrupted power supply)system for$29,235.00 and$1,800.00 annual maintenance and authorize the
Mayor to sign and execute any related documents
G) Approva!of Construction Agreement between Department of Transportation and City of Smyrna for
CR178i/Spring Road at CSX Railroad Pedestrian Bridge in Smyrna and Mayor to sign and execute
document
H) Approval of Agreement between Cobb County Board of Elections&Registration and City of Smyrna to
conduct Special Election for referendum to allow the citizens of the City of Smyrna to authorize retailers
to sell by package of malt beverage,wine,and distilled spirits on Sundays November 8,2011 and authorize
Mayor to sign and execute document
I) Approval of certain road closures for Dream Makers Youth Foundation 5K Road Race August 13,2011
from 6:30 a.m.for assembling and race beginning at 8:00 a.m.ending at 10:00 a.m.
J) Approval of Ordinance 2011-12,removing occupation tax table from Chapter 22,Article II,Section 22-29
a)and noting location in the Finance Department
K) Approve contract amendment for the outsourced helpdesk service from our current provider,reducing
the cost by 39%,and authorize the Mayor to sign and execute the amendment to the contract
L) Ratification of Market Village HOA Meeting to use Council Chambers on May 26,2011 from 6:00-9:00
pm for Ward 3
M) Renewal of Suntrust Corporate Resolution R2011-4 and Certificate of Incumbency
N) Approval of Right of Way Mowing and Maintenance Agreement between Georgia Department of
Transportation and City of Smyrna,regarding South Cobb Drive Improvements and Mayor to sign and
execute agreement
0) Approval for the submittal of an application to participate in the 2011 Urban and Community ForestryGrantProgram
P) Accept the dedication of a sewer easement from Antoine Abourjeli and Nizar Merheb at the corner of
Camp Highland and Argo Road
Q) Certification determining that a section of Camp Highland Road generally described as the portion of the
road beginning where the road abuts the southern boundary of lot 20 of Weatherbrook Subdivision,and
continuing southerly and southwesterly to the end of said road where it abuts property owned by
Consultinvest,Inc.,has ceased to be used by the public to the extent that no substantial public purpose is
served by it.Declaration that such section of Camp Highland Road is abandoned
9. COMMITTEE REPORTS:
10. SHOW CAUSE HEARINGS:
11. CITIZEN INPUT:Please limit speaking time forpublic comment to three minutes.
12. ADJOURNMENT
CONSTRUCTION EASEMENT AGREEMENT
a
GEORGIA, COBB COUNTY
This grant of easement made this °" day of f/-20i.,Zi
from Joe L.Thompson of the State of Georgia and County aforesaid, hereinafter called Grantor,
to CITY OF SMYRNA a Political Subdivision of the State of Georgia, herein called the Grantee.
WITNESSETH, that Grantor for and consideration of the sum of $1.00 and other
valuable considerations in hand paid, at and before the sealing and delivery of these presents,does
grant, bargain, sell, and convey unto Grantee an easement over and under the property of the
Grantor in Land Lot 307, 398 &342 , of 17th District, 2nd Section, COBB County, Georgia and
being a strip of land more particularly described and shown on the plat attached hereto and made a
part hereof showing the dimensions of this easement. The easement covered by this instrument is
40 feet wide. The easement begins and ends where the said location enters and leaves the
property line as already established as above indicated,and totals approximately 108 feet in length.
The easement covered by this instrument is for the purpose of a sanitary sewer line,together
with the right to go upon said land to install said sewer. //
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This easement shall expire upon completion and acceptance of the sewer line by the
GRANTEE.
The Grantor does hereby covenant that they are lawfully seized and possessed of the real
estate above described, and hold title in the name(s) of Grantors shown below.
In witness whereof, said GRANTOR has hereunto signed this agreement on the date written
above.
WITNESS GRANTOR(S)\
Ag4r4--- Lit4c14,41pm
Printed Na e Printed Name
cAV /,
Signature Signature
2.
Printed Name
bK: 14' '9? FAG: 422?-4230
X//,//'„ Filed 201Recorded
12811
09:03:10AM
Notary ublic
DOCD.
1Fr`
d
JAY C. STEPHENSON
CLERK OF SUPERIOR COURT Cobb Cty. GA.
ir.
BK: 14997 PG: 4228
ATTACHMENT A"
MADE A PART HEREOF
1. TEMPORARY FENCE TO BE INSTALLED FOR HORSES ALONG EDGE OF TEMPORARY
CONSTRUCTION EASEMENT MADE OF WOOD.
2. DRIVEWAY SHALL NOT BE CLOSED.
3. DRIVEWAY"DISTURBED AREA"TO BE REPLACED WITH 6" CONCRETE.
4. EXISTING BOARD FENCE REMOVED DURING CONSTRUCTION TO BE PUT BACK IN SAME
CONDITION AND LOCATION.
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