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November 4, 2002 Council Meeting 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 (T AD) 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 ofthe 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 (00) 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 (00) 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 - O. (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 ifhe 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 ofthe 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 ofthe - 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 ofthe 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 ifhe 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 - O. (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. 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 ifhe 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 ifhe understands them, and Mr. Shahrokhifard answered in the affirmative. Council Member Lnenicka asked Mr. Shahrokhifard ifhe 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 - O. (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 ifhe has previous experience as an agent, and Mr. Husnani answered no. Council Member Wood asked Mr. Husnani ifhe 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 ifhe 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 ifhe 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 affirnlative. 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 - O. (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 5 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 Cafe 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 - o. 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 of386 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 - O. 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 6 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 ofBid# 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 - O. ..., 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 ofthe 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 ofthe 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 ofthe 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. .. _~~ > D. '-f6d:ti . SU AN D. HIOTT, CITY CLERK A. MAX BACON, MAYOR ...., ~~-;Z.N J~ RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 ~~~ CHARLES PETE WOOD, WARD 7 ... " 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 ()~c:,~ C\\'t ~~\,~~ '..A.~~ ~v ~ C'U<,w> ~ '. \,\~\\ '0~"\~ ~ ~~'i ~~\~\ . '" \'~i, ",';'0:~ "'''\, o\\~ ,~~ ~\l;),,", "IJ' " ",t\ ". ~!/i &..(\~. oc.r~\~').;. td\:'\' '., '\,~\ "l.~ . \,",vv ~ .:'\~' ,f, \,1 , \,\~' r$s,\'b\ ~,": \::-,'("".,.",,\':5"~ IJ\\~~~ ....~e \',\\'" ,c/, \.',ck _\,\~ \1 ~\ \)\ ~~~'\ ~ ,\~~~ ("""."11\" 'il~ I '\IY~ OIlS ~IJ ~'?'. r;,1J'S-'Y' <. 'M~" .\C.~ IJ' . II . ,,~~~. "f~\r..>. ":''', <:1'\ <><'\~~~" \<''' ~IJ"'\)\' " ,..,\ v' \." .: c.l;i". . rt\<>~\ \l \,c(;\'\v ('''''''&'0 IJ\\\,'" ,\ \) ,v" 0 j:;O' IJ~\ \~~ ~;~~\ 1:>\'-;":":::"',"", "", ,,',~ 'S-.~ t!}~v~ ~~~v~ v~'i":"." \"'~\ ~ .:. ~ IJ~~~\\'~~~V \ 'S-.\<;,~J;J!l ~ ~~'b\ ~ . ~'{b,t.'" .. ",,;,\"'::'\\~~~~\\"~\'" . ~ f\j'..:i" i'(.';'r~ (\ ~\-.}\.\.\. " n (.)\1\ v,J ~'b\\ v \ ",\;}v"." ~\r;,\'b\ ~ .......... ~ QUITCLAIM DEED (Abandoned Mavell Road R/W) crJ--- ,: , THIS INDENTURE, made this~ day of 0~Jt.,trdtt20ca..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 Smyrna, 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 wTitten. GRANTOR: By: (SEAL) A. Max Bacon, Mayor Signed, sealed, and delivered i~_ WITNESS . C:/;J ~ ~~1/1 C\. S11h~ ,.",1111'1/'",// ~RY PUBLIC ,"~0S~D. ~'" 2" -?......~OTA>...-%O\ ) - :~~- My Commission Expires: /9 /9 D J- [ [' Ge~~~s )~\ I I ~ ~ Dee G4 :: [AFFIX NOTARY SEAL] \<6\...0/,,- 9.~ -4} l -:.~.(;~..::.::~~ ,,~ ''''", v /';:\~~ " P Chents 101-1 CreeksIde At Vlnlngs fka E-W Connector'E-W Connector =2 Acqulslllon QUit Clalln1'>;.s:d \,,}l~l:.IJ\<lU ,\" 111"""""",\\\ -. 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 ofV. 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 (1S' 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-\\"ay of the East-West Connector (Variable R/W); thence along said right-of-way along an arc of a curve to the right an arc distance of 439.96 feet (said arc having a radius of2028,98 feet and being subtended by a chord bearing south 81 degrees 28 minutes 39 seconds \vest. and a length of 439.1 0 feet) to a point; thence north 02 degrees 18 minutes 38 seconds west along said right-of-way a distance of23.50 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 of23.50 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 of2028.98 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::t), 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 of58.38 feet (said arc having a radius of285.47 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::t); 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 secends 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 of254.80 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/Wi:); thence north 51 degrees 57 minutes 56 seconds west along said right-of-way of East-West Connector (Variable R/W) a distance of41.01 feet to a point, being the POINT OF BEGINNING. 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