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07192004 July 19, 2004 Attachments July 19. 20C4 21 - A. MAX BACON, MAYOR susm~~~~ ~ - ~~ J~ ,,-- RON NEWCOMB, W ARD2 ~o~~ c~~~~/:~~ - July 19.2004 22 Addendum "A" - (G) -. Special Conditions Rezoning Request 204-018 - R-15 to RAD Conditional- 4420 North Cooper Lake Road- Development Partners, LLC Special Conditions 18. The subdivision shall include a connection to the Silver Comet Trail for the benefit of its residents. This connection shall be restricted and not open to the general public. 19. The development shall maintain the following setbacks: Front 20' Rear 30' Side 5' Between Houses 10' External buffer 20' - - Julv 19.2004 23 ~ Addendum "B" Special Conditions Rezoning Request 204-017 - R-15 to RAD Conditional- Bank Street and Guthrie Street- Pritchard Brothers, Inc. Special Conditions 13. The development shall maintain the following setbacks: Front 20' Rear 20' Side Exterior 5' Side Interior 5' Between Buildings 15' 14. The 50' stream bank buffer shall be reduced to 25' for the existing residence only. Any new structures shall be required to maintain the City's minimum stream bank buffer requirements for an average width of 50'. - - July 19.2004 Addendum "C" Special Conditions Rezoning Request 204-014 - R-15 to RAD Conditional- Roswell Street - Hatcher Homes Front yard setbacks for lots 13, 14 and 15 will be 20,' and 25' for lot # 16. Rear 35' Side Exterior 10' Side Interior 5' External buffer (rear yard) 20' 24 - ...., - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2004-15 Land Lot 63 & 170 Acres 19.56 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on July 19.2004 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and - WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit ,o,;,A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 2004 A. Max Bacon, Mayor d~LJ. ii~ Susan D. Hiott, City Clerk City of Smyrna - ~c~ City of Smyrna ~, Ordinance No. 2004-15 - Exhibit "A" All that tract of parcel or land lying and being in Land Lots 63 & 170 of the 18th District and of Cobb County, Georgia and being more particularly described as follows: - The Point of Beginning commence from a point along Oakdale Road (variable R/W), at the intersection of Turner Road and Oakda]e Road following a course North 57 degrees 25 minutes 22 seconds West a distance of 47.28 feet to a point; thence turning North 32 degrees 34 minutes 38 seconds East a distance of72.29 feet to a point; thence North] 8 degrees 29 minutes 44 seconds East a distance of 102.48 feet to a point; thence North 21 degrees 47 minutes 15 seconds East a distance of 125 feet to a point; thence turning North 17 degrees 19 minutes 06 seconds East a distance of70.68 feet to a point; thence North 46 degrees 03 minutes ]6 seconds East a distance of367.49 feet to a point; thence continuing North 42 degrees 40 minutes 49 seconds East a distance of 149.85 feet to a point; thence continuing North 27 degrees 15 minutes 44 seconds East a distance of 91.98 feet to a point; thence turning South 71 degrees 53 minutes 33 seconds East a distance of242.94 feet to a point along the Oakdale Road (variable R/W); thence turning North 38 degrees 32 minutes 29 seconds East a distance of 195.07 feet to a point; thence continuing North 35 degrees 26 minutes 00 seconds East a distance of 144.73 feet to a point; thence turning South 85 degrees 24 minutes 42 seconds West a distance of300.17 feet to a point; thence turning North 30 degrees 43 minutes 27 seconds East a distance of 188.38 feet to a point; thence turning North 87 degrees 32 minutes 17 seconds East a distance 132.28 feet to a point; thence turning North 02 degrees 46 minutes 11 seconds East a distance of 240.24 feet to a point, thence turning South 88 degrees 53 minutes 59 seconds West a distance of 879.29 feet to a point; thence turning South 03 degrees 25 minutes 48 seconds West a distance of226.23 feet to a point; thence turning South 60 degrees 26 minutes 36 seconds East a distance of 55.53 feet to a point; thence turning South 15 degrees 25 minutes 25 seconds West a distance of 91.86 feet to a point; thence continuing South 01 degrees 36 minutes 07 seconds West a distance along an arc length of 69.92 feet to a point; thence turning South 06 degrees 29 minutes 26 seconds East a distance of 180.94 feet to a point; thence continuing South 00 degrees 51 minutes 14 seconds East a distance of 45.19 feet to a point; thence turning North 89 degrees 03 minutes 56 seconds West a distance of86.57 feet to a point; thence turning South 37 degrees 27 minutes 00 seconds West a distance of6l6.66 feet to a point; thence turning South 57 degrees 25 minutes 05 seconds East a distance of 494.99 feet to a point the Point of Beginning along the said Oakdale Road (variable R/W). Said tract containing approximately] 9.06 acres (802,810.8 square feet), as shown on the rezoning site plan for PCH Development by Planners and Engineers Collaborative dated March 17th, 2004. This legal description has been compiled using deeds and maps of record. And Also: All that tract of parcel or land lying and being in Land Lots 63 of the 18th District, 2nd Section of Cobb County, Georgia and being more particu]arly described as follows: Beginning at a point on the southeasterly right-of-way of Oak dale Road at its intersection with the southeast corner of an unnamed road; thence running south 32 degrees 12 minutes 30 seconds west along the southeasterly right-of-way of Oakdale Road 110 feet to an iron pin; running thence south 67 degrees 38 minutes 10 seconds east 214.03 feet to an iron pin located on the east land lot line of Land Lot 63; running thence north 00 degrees 30 seconds east along the east land lot line of Land Lot 63 110 feet to an iron pin; running thence northwesterly a distance of 198 feet to an iron pin located on the south side of Oakdale Road at its intersection with the southeast corner of an unnamed road and point of beginning. Said tract containing .50 acres, more or less. -