M E M O R A N D U M. Alan Ours, County Manager. Paul Andrews, County Engineer. DATE: May 27, 2016

Transcription

1 GLYNN COUNTY COMMUNITY DEVELOPMENT Engineering Support Division 1725 Reynolds Street, Suite 200 Brunswick, Georgia Phone: (912) / Fax: (888) M E M O R A N D U M TO: FROM: Alan Ours, County Manager Paul Andrews, County Engineer DATE: May 27, 2016 SUBJECT: Application for Abandonment For a portion of the alley between 10 th and 11 th St. East Beach S/D, Glynn County, Georgia. (Behind and adjacent to 4333 Eleventh St AB3322) As required by the Ordinance, staff has reviewed the application from Charles Angstadt, IV and Clarence Stowe for abandonment of a portion of the un open alley right of way adjacent to Lot 5, Block 19 of the East Beach Subdivision (4333 Eleventh Street), as shown on survey submitted with the application. SOURCE OF TITLE: Right-of-way, drainage, and access easement(s) by dedication a. by plat for East Beach Subdivision recorded in Deed Book 3R, Pages , dated May 30, b. PRESENT USE OF RIGHT OF WAY: This section of alley is currently not being used for public access; however it is used for public utilities including a overhead/underground power. c. PAST HISTORY: This section of the alley has been used as it is currently for several years. There is no evidence of the alley having been open for public access. d. POTENTIAL USE IN THE FUTURE: This portion of the right of way could be used for access to adjacent property and to access and contain utilities. e. BENEFIT TO PUBLIC IN CONTINUING USAGE: The public will continue to benefit from the ability to use this right of way for access and/or utilities. f. BENEFIT TO PUBLIC IN ABANDONMENT: Abandonment would return the property to the tax digest and increase tax revenue.

2 We concur with the request for the abandonment of a portion of the alley right of way in Block 19 of the East Beach Subdivision shown on the attached survey, provided: 1. Acceptance of the proposed deed by the applicant 2. An easement to Georgia Power be executed and recorded at the time quit claim deeds are recorded by the County. This is based on a request from Georgia Power. 3. The Deed for this abandonment addresses the following. The impervious area on the site (including the area to be abandoned) is not increased over the existing impervious area shown on the abandonment plat. Any increases in pervious area on the site will have to be approved by the County prior to installation. At a minimum, the County will require drainage calculations meeting the requirements of the Water Resources Protection Ordinance be prepared, reviewed, and approved as part of the approval for additional impervious area. The applicant should be aware that the County will not allow permanent structures (including walls, fencing, decking, ) installed the drainage easements. A right of way permit will have to be issued prior to any work being performed in the drainage easement. RECOMMENDED MOTION I move to approve the abandonment of a portion of the un open alley right of way adjacent to and behind lot 5 in Block 19 in the East Beach Subdivision shown on the abandonment plat with the requirements listed above. Attachments: Vicinity and Location Map List of property owners within 200 ft of the abandonment request Application for Abandonment signed August 2015 Proposed deed

3

4

5 The property owners and mailing addresses of property within 200 feet of the proposed abandonment application for a portion of the alley between 10th and 11th St., East Beach S/D, Glynn County, Georgia. (Behind and adjacent to 4333 Eleventh St)(GC Tracking# - AB3099) MOONEY CATHY P THOMASVILLE, GA JUNGERS CHARLES S 2025 BRUCE DR RUDY HARRELL LLC 2288 PEACHTREE RD NW 17 ATLANTA, GA BRADEN LARRY LI & LARRY LINDSEY BRADEN INDIV 80 OLD MOUNTAIN RD POWDER SPRINGS, GA HOUSEMAN MARGUERITE R 107 SAINT ANDREWS STOWE LYNN 3625 RIVERS CALL BLVD ATLANTA, GA VIA SERENA LLC 5 VIA SERENA MTS PROPERTIES LLC WINSTON-SALEM, NC TRANSTITLE LLC 2257 VISTA PKWY 17 WEST PALM BEACH, FL CIULLA JAMES S SAFETY HARBOR, FL BOYKIN PATRICIA S 321 N GARDEN LN NW ATLANTA, GA YOUNG GARY J TH ST 2024 OCEAN ROAD LLC C/O PATRICIA TROGSTAD 2370 BUCK DR MARIETTA, GA PASTOR PAIGE 4327 ELEVENTH ST MCCLUNG DENNIS N 3050 PINE NEEDLE RD AUGUSTA, GA COLLINS PATRICIA H 4430 ELEVENTH ST PEACOCK DEBBIE C 5815 WINTERTHUR DR ATLANTA, GA LINGINFELTER SANDY W 3039 MARGARET MITCHELL CT NW ATLANTA, GA PEACOCK DEBBIE C 5815 WINTERTHUR DR ATLANTA, GA CRANE WILLIAM B 775 BEDFORD OAKS DR MARIETTA, GA BRUCE EDWARD C III 102 VIRGINIA ST JUNGERS CHARLES ST 2025 BRUCE DR

6 The property owners and mailing addresses of property within 200 feet of the proposed abandonment application for a portion of the alley between 10th and 11th St., East Beach S/D, Glynn County, Georgia. (Behind and adjacent to 4333 Eleventh St)(GC Tracking# - AB3099) MONK WILLIAM P 6313 CANTER WAY BALTIMORE, MD CHILDS THAD G JR GRAY, GA LIVESAY SHARON H 4333 TWELFTH ST JOST CATHERINE GI 2033 BRUCE DR MATTINGLY MACK F 4315 TENTH ST PEACOCK DEBBIE C 5815 WINTERTHUR DR ATLANTA, GA GARDINER JASON 200 FISHERMANS CV LIZEILA, GA BLAND JAMES W JR, THE GATES UNIT PEACHTREE RD NE ATLANTA, GA FITZPATRICK ANN 4400 DELANEY FERRY VERSAILLES, KY CPR PROPERTIES LLC 245 WEST VIEW DR ATHENS, GA 30606

7 GLYNN COUNTY APPLICATION FOR ABANDONMENT APPLICANT NAME: CHARLES H. ANGSTADT, IV (please print) MAILING ADDRESS: 6160 MOUNTAINWELL DR. ROSWELL, GA DAYTIME TELEPHONE: FAX angstadtcivfoods.com I HEREBY MAKE APPLICATION UNDER THE ORDINANCE ADOPTED MAY 3, 1984, REVISED JULY 6, 2000, ENTITLED, AN ORDINANCE ESTABLISHING A PROCEDURE FOR PROCESSING REQUESTS FOR ABANDONMENT OR CLOSING OF COUNTY ROADS, RIGHTS-OF-WAY OR EASEMENTS. DESCRIBE IN DETAIL THE NATURE OF REQUEST AND LOCATION OF PROPERTY: (future use, square feet to be abandoned, subdivision and street name) REQUEST FOR ABANDONMENT FOR 112 OF A 20' ALLEY ADJACENT TO LOT 5, BLOCK 19, EAST BEACH SUBDIVISION (PARCEL# ) WHAT IS THE SOURCE OF TITLE FOR THE RIGHT-OF-WAY? SUBDIVISION PLAT BY W.N. GRAMBLING & W. T. MCCORMICK, CIVIL ENGINEERS, RECORDED IN DB 3-R, PG 312, DATED 5/20/24 WHAT IS THE PRESENT USE OF THE RIGHT-OF-WAY? (general public, limited use by a small group, location of public utilities, unopened) YARD AND SOME PUBLIC UTILITIES(?) ARE OTHER MEANS AVAILABLE TO MEET THE PUBLIC'S NEEDS, IF ANY, THAT THIS RIGHT-OF-WAY IS CURRENTLY MEETING? (public access, access to adjoining property, neighborhood, emergency vehicles, garbage pick-up, etc.) NO PUBLIC NEED OTHER THAN POSSIBLE ACCESS TO UTILITY(S) WHAT IS THE BENEFIT TO PUBLIC IN ABANDONING THE RIGHT-OF-WAY? RETURN TO THE TAX DIGEST C- GARY _R._NEVILL_(SHUPE SURVEYING CO.) AP66AN1SIGNATURE (AENT) OR (ATTORNEY) FOR APPLICANT DARIEN H, BRUNSWICK, GA DATE (AGENT) OR (ATTORNEY) ADDRESS (AGENT) OR (ATTORNEY) TELEPHONE Application for Abandonment Form (Revision date 5/7107)

8 Ownership Certification State Of Georgia, County Of Glynn County Georgia Glynn County Community Development Department Planning and Zoning Division Agent Authorization Form (Required if Applicant is other than property owner or is represented by an Agent) 1, the undersigned, do hereby certify that I am the owner of the property affected by the proposed application to the Glynn County Planning Commission (application file number by virtue of a deed dated 5/20/10 on file in the Office of the Clerk of the Superior Court of Glynn County in Deed Book 2720 Page 186 CHARLES H. ANGSTADT, IV CLARENCE STOWE Owner's Name Other Owner's Name (FUTURE) i e /s^/, r Owner's Signature Date Other Owner's Signature Date Agent Authorization I/We, the undersigned owner(s) of property involved in this application, do hereby authorize GARY R. NEVILL to act as Agent in submitting and representing the above identified application in my/our behalf. Owner's SigIiature Other Owner's Signature (FUTURE) I accept this authorization to act as Agent on behalf of the above owner(s). GARY R. NEVILL Authorized Agent's Name Au rized Agent's tgnature Date Form Revised 9/1/06; Effective 9/1106

9 GLYNN COUNTY APPLICATION FOR ABANDONMENT APPLICANT NAME: CLARENCE STOWE (please print) MAILING ADDRESS: 3625 RIVER'S CALL BLVD ATLANTA, GA DAYTIME TELEPWiNE: FAX I HEREBY MAKE APPLICATION UNDER THE ORDINANCE ADOPTED MAY 3, 1984, REVISED JULY ENTITLED, AN ORDINANCE ESTABLISHING A PROCEDURE DESCRIBE IN DETAIL THE NATURE OF REQUEST AND LOCATION OF PROPERTY: (future use, square feet to be abandoned, subdivision and street name) REQUEST FOR ABANDONMENT FOR 112 OF A 20' ALLEY ADJACENT TO LOT 5, BLOCK 19, EAST BEACH SUBDIVISION WHAT IS THE SOURCE OF TITLE FOR THE RIGHT-OF-WAY? SUBDIVISION PLAT BY W.N. GRAMBLING & W. tmccormick, CIVIL ENGINEERS, RECORDED IN DB 3-R PG 312 DATED a small group, location of public utilities, unopened) ARE OTHER MEANS AVAILABLE TO MEET THE PUBLIC'S NEEDS. IF ANY. THAT (public access, access to adjoining NO PUBLIC NEED OTHER THAN ACCESS TO UTILITY(S) WHAT IS THE BENEFIT TO PUBLIC IN ABANDONING THE RIGHT-OF-WAY? RETURN TO THE TAX DIGEST APPLICANT SIGNATURE DATE F/d2-0 r 9 ^- GARY R. NEVILL yiw4 00) GENT)OR (ATTORNEY) FOR APPLICANT 3837 DARIEN HWY, BRUNSWICK,, GA (AGENT) OR (ATTORNEY) ADDRESS (AGENT) OR (ATTORNEY) TELEPHONE Application for Abandonment Form (Revision date 5/7107)

10 O"ership Certification State Of Georgia, County Of Glynn County Georgia Glynn County Community Development Department Planning and Zoning Division Agent Authorization Form (Required if Applicant is other than property owner or is represented by an Agent) 1, the undersigned, do hereby certify that I am the owner of the property affected by the proposed application to the Glynn County Planning Commission (application file number ) by virtue of a deed dated 5120fl 0 on file in the Office of the Clerk of the Superior Court of Glynn County in Deed Book 2720 Page 186 CHARLES H. ANGSTADT, IV Owner's Name CLARENCE STOWE Other Owner's Name (FUTURE) O&C-W., 6q5^.- Owner's Signature Date Other Owner's Signature Date Agent Authorization I/We, the undersigned owner(s) of property involved in this application, do hereby authorize GARY R. NEVILL to act as Agent in submitting and representing the above identified application in my/our behalf, Owner's Signature I accept this authorization to act as Agent on behalf of the above owner(s). 442 GARYR. NEVILL Authorized Agent's Name Authord Agent's Signature g-, is Date Form Revised 9/1/06; Effective 9/1/06

11 Y:\Project Files\11010\DWG\11010A.dwg, 3/5/2013 9:22:23 AM

12 STATE OF GEORGIA COUNTY OF GLYNN QUITCLAIM OF ABANDONMENT AND DRAINAGE EASEMENT DEED THIS INDENTURE made and entered into on this day of, 2016, by and between GLYNN COUNTY, GEORGIA acting by its Board of Commissioners, a political subdivision of the State of Georgia, hereinafter referred to as GRANTOR, and LYNN STOWE, hereinafter referred to as GRANTEE. W I T N E S S E T H: WHEREAS, Grantor, pursuant to Resolution No.?, entitled Resolution Abandoning. adopted by the Glynn County Board of Commissioners on, 2016, abandoned its right-of-way interest in portions of..; and WHEREAS, Grantee is the owner of real property described as Lot Numbered Five (5), Block Nineteen (19), East Beach Subdivision, according to the map and plan of East Beach Subdivision made by W.N. Grambling and W.T. McCormick, Civil Engineers, recorded in the office of the Clerk of Superior Court, Glynn County, Georgia in Deed Book 3-R, Page 312 (hereinafter Grantee s Property); which real property lies immediately adjacent to the area subject to the abandonment; and WHEREAS, Grantor conditioned its abandonment of the above-referenced rightof-way upon the following: (1) that Grantee convey to Grantor a perpetual drainage easement over and through the area abandoned, and (2) that no improvements shall be made to Grantee s Property, nor to the area abandoned, which are impermeable to water unless Grantee submits to Grantor engineering plans for drainage improvements to accommodate the increase in storm water run-off; NOW, FOR AND IN CONSIDERATION of the sum of One Dollar and other good and valuable consideration delivered to Grantor by Grantee at and before the execution, sealing and delivery hereof, the receipt and sufficiency of which is hereby acknowledged, the Grantor has and hereby does remise, release, convey and forever quitclaim unto Grantee and the legal representatives, successors and assigns of the - 1 -

13 Grantee the property described in Exhibit A, which Exhibit is attached hereto and incorporated herein by reference. The sole purpose of this conveyance from Grantor to Grantee is to memorialize the abandonment approved by the Glynn County Board of Commissioners [date of meeting] as resolution #[resolution number]. As such, Grantor disclaims any and all warranties of title concerning the property described above. 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 to title to said premises or appurtenances, or any rights thereof, subject, however, to the following terms and conditions: (1) Reservation/Conveyance of Drainage Easement a. Grantor reserves unto itself, and Grantee conveys to Grantor, a perpetual easement over and under the entire tract herein conveyed (the Easement Area ) for drainage utility purposes; including, but not limited to construction, installation, and maintenance of drainage lines, drainage ditches, and any related drainage equipment and facilities (hereinafter referred to as the Drainage Utilities ). b. Said easement right includes the right at all times for representatives and/or assigns of Grantor to enter said Easement Area with the necessary personnel and equipment for all purposes described herein, including the right to construct, reconstruct, install, locate, relocate, maintain, repair, or replace Drainage Utilities, equipment and appurtenances; to cut away and keep clear any and all vegetation that might, in the opinion of the Grantor, endanger, interfere with or injure the utilities or their appurtenances; the right of ingress to and egress from the Easement Area across the land referred to herein for the purpose of exercising the rights herein granted. Failure of the Grantor to exercise any of the rights herein granted shall not be construed as a waiver or abandonment of the right hereafter at any time and from time to time to exercise any or all of same

14 c. Grantee warrants that no building, shed, mobile home, fence, swimming pool or other such structures, or any crops, trees or large shrubs shall be erected or planted over nor within the boundary of the Easement Area; that no other utility shall be permitted within the Easement Area that interferes with the operation and maintenance of the Drainage Utilities; that no fill material or paving shall be placed within the Easement Area unless permitted in writing by the Grantor; and, that any structure/fill material placed upon, or vegetation planted within the Easement Area in contradiction herein shall be removed at Grantee s expense. d. In the event a building or other structure should be erected within the Easement Area, no claim for damages shall be made by Grantee, its heirs or assigns, on account of any damage that might occur to such structure, building or contents thereof due to the operation or maintenance of said Utilities or their appurtenances, or any accident or mishap that might occur therein or thereto. In the event excavation, construction, reconstruction, installation, location, relocation, maintenance, repair or replacement are necessary to the Drainage Utilities, or equipment and facilities, as described above, the Grantor shall, at its expense, perform such work. Provided, however, the Grantor shall not be responsible for full restoration of the Easement Area to match the original condition. (2) Limitation on Impermeable Improvements a. Aside from the improvements which existed on Grantee s Property on the date of her request for abandonment, which are depicted upon the plat in Exhibit B, which Exhibit B is attached hereto and incorporated herein by reference, Grantee covenants and agrees that no improvements may be constructed, reconstructed, installed, located, relocated, or maintained on Grantee s Property, or the Easement Area, which are impermeable to water. If Grantee wishes to construct improvements on Grantee s Property which are impermeable to water, Grantee shall be required to submit engineering plans for drainage improvements to accommodate the increased runoff to Grantor for its consideration and approval. Such plans shall be required to meet any - 3 -

15 and all of Grantor s requirements for drainage improvements; including, but not limited to, Grantor s Water Resources Protection Ordinance. If Grantor approves the plans then Grantee shall construct and convey to Grantor the drainage improvements prior to commencing construction of the improvements impermeable to water. IN WITNESS WHEREOF, the said Grantor and Grantee have caused these presents to be executed by themselves or by the proper officers, thereunto duly authorized on this the day and year first above written. Signed, sealed and delivered In the presence of: GLYNN COUNTY, GEORGIA By: Witness Title Attest: Notary Public My Commission Expires: County Clerk Title Signed, sealed and delivered In the presence of: LYNN STOWE By: Witness Notary Public My Commission Expires: - 4 -

16 EXHIBIT A [legal description] - 5 -

17 EXHIBIT B [Plat] - 6 -