}

Agenda Item #3

Columbus Consolidated Government

Council Meeting

12/2/2008


To
Mayor and Council
Subject
Quit Claim Interest to Parcel "C" Survey for Muscogee County School District
Initiator
Donna W. Newman, Director of Engineering
Recommendation
Approval is requested to execute a Quit Claim Deed for any interest in Parcel \n \n "C" to the Sears Trust so as to facilitate such Trust's petition to quiet \n \n title. The parcel, 0.61 acres, is located between property owned by Muscogee \n \n County School District and Roxbury Subdivision located on Reese Road.
Approval
Approved
Background
The attorney representing the C. Alex Sears, Jr., Trust is requesting the City

execute a Quit Claim Deed for all rights, title and interest the City may have

in the property identified as Parcel "C" on the Survey for Muscogee County

School District, Part of Land Lot 8, 8th District, Muscogee County, Georgia.

In January 1954, Mr. Arthur Morley Anthony conveyed to Muscogee County School

District Parcel "B" shown on the same survey. There was no mention of Parcel

"C" in Mr. Anthony's Deed to Muscogee County School District nor is Parcel "B"

denominated as an access easement. In March 1954 Mr. Anthony conveyed to Mr.

Sears a right to use Parcel "C" for ingress and egress as a roadway. In March

1954 Mr. Anthony conveyed a parcel of property and referenced in the deed the

previous conveyance of Parcel "C" to Muscogee County in January 1954, but the

deed was never recorded. The attorney is proceeding with quieting title to

Parcel "C" and to preserve, for use with respect to its adjacent properties,

the rights granted with respect to Parcel "C" in the 1954 conveyance.
Analysis
Parcel "C" is located between property owned by Muscogee County School

District, Reese Road Elementary, and Roxbury Subdivision on Reese Road. Parcel

"C" is 0.61 acres and approximately 30 feet wide by 880 feet long.
Financial Considerations
No City Funds will be expended.
Projected Annual Fiscal Impact Statement
Legal Considerations
Council is the approving authority for a Quit Claim Deed.
Recommendations/ Actions
Authorize the City Manager to execute a Quit Claim for any interest in Parcel

"C" to the Sears Trust so as to facilitate such Trust's petition to quiet

title. The parcel, 0.61 acres, is located between property owned by Muscogee

County School District and Roxbury Subdivision located on Reese Road.



A RESOLUTION

NO. _____

A RESOLUTION AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO THE TRUST FOR

THE DESCENDANTS OF C. ALEX SEARS, JR., DECEASED FOR THE 0.61 ACRES DESIGNATED

AS PARCEL "C" ON THE SURVEY FOR MUSCOGEE COUNTY SCHOOL DISTRICT, PART OF LAND

LOT 8, 8TH DISTRICT, LOCATED BETWEEN PROPERTY OWNED BY MUSCOGEE COUNTY SCHOOL

DISTRICT, REESE ROAD ELEMENTARY AND ROXBURY SUBDIVISION ON REESE ROAD.

WHEREAS, Parcel "C" was referenced as having been deeded to Muscogee County in

a deed for a separate parcel of property to Mr. Sears; and,

WHEREAS, such deed for transfer of Parcel "C" was never recorded; and,

WHEREAS, the City has no current or future use of Parcel "C"; and,

WHEREAS, an easement shall be reserved for all utilities, known and unknown,

that may be in existence on the parcel, and access rights shall be preserved to

adjacent properties as respect to Parcel "C" in the March 31, 1954 conveyance

to Mr. Sears.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

That the City Manager is hereby authorized to execute a Quit Claim Deed to

Trust for the Descendants of C. Alex Sears, Jr., deceased for any rights, title

and interest in the 0.61 acre parcel designated as Parcel "C" on the survey for

Muscogee County School District, Part of Land Lot 8, 8th District, located

between property owned by Muscogee County School District , Reese Road

Elementary and Roxbury Subdivision.

___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held

the _________day of _____________, and adopted at said meeting by the

affirmative vote of _____________members of said Council.



Councilor Allen voting __________.

Councilor Anthony voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Davis voting .

Councilor Henderson voting __________.

Councilor Hunter voting __________.

Councilor McDaniel voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.







_______________________________ _____________________________

Tiny B. Washington, Clerk of Council Jim Wetherington, Mayor