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AN ORDINANCE
BY FINANCE/EXECUTIVE COMMITTEE
An Ordinance AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY OF ATLANTA, TO GRANT A PERMANENT EASEMENT LOCATED IN LAND LOT 85 OF THE 14th DISTRICT FULTON COUNTY, GEORGIA TAX PARCEL I.D. 14-009400080986 TO THE GEORGIA DEPARTMENT OF TRANSPORTATION FOR their traffic signal improvement projects ALONG STATE ROUTE 3, AS DEPICTED ON EXHIBIT A; WAIVING ANY CONFLICTING PROVISIONS OF ARTICLE X, DIVISION 14, SUBSECTION III OF THE ATLANTA CITY CODE; AND FOR OTHER PURPOSES.
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WHEREAS, the City of Atlanta (the “City”) owns that certain parcel adjacent to State Route 3 (aka 0 Larkin Street) in Land Lot 85 of the 14th District Fulton County, Georgia Tax Parcel I.D. 14-009400080986 (“Cleopas R. Johnson Park”) which is between Fair Street and Northside Drive; and
WHEREAS, GDOT desires to improve traffic signaling for both agency roadways, more particularly described on Exhibit A (the “Traffic Signal Improvement Project”); and
WHEREAS, in order to complete the Traffic Signal Improvement Project, GDOT must acquire a permanent easement of approximately 139.28 square feet on the Cleopas R. Johnson Park parcel, as depicted on Exhibit A (“Easement”); and
WHEREAS, GDOT will pay Fair Market Value to the City in the approximate amount of three thousand eight hundred dollars and zero cents ($3,800.00) for the Easement; and
WHEREAS, construction requirements requested by the Department of Parks and Recreation (“DPR”) have been incorporated into construction plans for the Traffic Signal Improvement Project; and
WHEREAS, DPR has concurred that no adverse effects have been determined and that the Traffic Signal Improvement Project will provide improved access, connectivity and safety; and
WHEREAS, the Traffic Safety Improvement Project is expected to benefit the City by improving the safety of several intersections and roadways, for pedestrians and bicyclist near and adjacent to parks in the City of Atlanta; and
WHEREAS, plans for the Traffic Signal Improvement Project, has been reviewed and approved by DPR and the department is supportive of the project.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
SECTION 1: The Mayor or her designee is hereby authorized on behalf of the City to grant to GDOT, the Easement for the Traffic Signal Improvement Project of City-owned property comprising portions of Fulton County, Georgia Tax Parcel I.D. 14-009400080986, more particularly described on Exhibit A.
SECTION 2: Sections 2-1571 and 2-1572 of the Procurement and Real Estate Code, City Code of Ordinances, Article X, Division 14, Subdivision III, are hereby waived for purposes of this Ordinance and only to the extent of said conflict with this Ordinance.
SECTION 3: The compensation received from GDOT for the Easements will be deposited into:
1001 (General Fund) 140201 (Office of Parks) 3453311 (Sale of Easement Rights) 6210000 (Park Areas)
SECTION 4: The Mayor or her designee is authorized on behalf of the City to execute and deliver such other documents, certificates, papers and instruments as are necessary, appropriate, advisable or required in order to effectuate the purpose and intent of this Ordinance and to consummate the transactions contemplated by this Ordinance.
SECTION 5: The City Attorney, or her designee, is hereby authorized to prepare the Easements and all other appropriate documents for execution by the Mayor or her designee, in order to consummate the transactions contemplated by this Ordinance.
SECTION 6: The Easements and any other legal instruments prepared pursuant to this Ordinance shall not become binding upon the City, and the City shall incur no obligation or liability thereunder until they have been signed by the Mayor, attested to by the Municipal Clerk and approved by the City Attorney as to form.
SECTION 7: All ordinance and resolutions in conflict herewith are hereby waived for purposes of this Ordinance only, and only to the extent of said conflict.