To

Mayor and Council

Subject

Bull Creek Watershed Structure No. 25

Initiator

City Manager's Office

Recommendation

Approve the attached Resolution authorizing the transfer of property on the \n \n Bull Creek Watershed Structure No. 25 to Ray M. Wright and Victor T. Prevatt. \n \n The transfer will allow lots in the Cottonwood Plantation Subdivision to be \n \n built and used for single family housing (see attachment 1).

Approval

Approved

Background

The property is located on the Bull Creek Watershed Structure No. 25, near the

rear lines of Lots 42 and 43, Block "G". Area "A" will be deeded from the

City to Ray M. Wright, Inc. and Victor T. Prevatt. Areas "B" and "C" is to be

deeded from Ray M. Wright, Inc. and Victor T. Prevatt to the City (see

attachment 3). Pursuant to letter dated October 1987, from the Soil

Conservation Service the deed provides written assurance, that the City would

not allow any structures to be built on the dike and that it would not be

altered in any manner. The Quit Claim Deed will have the "Deed Restriction"

for Area "A" on the document. This will allow transfer of the property to be

in the best interest of the City to operate and maintain the dam and dike.

Across from Parcel 43

Analysis

The Natural Resources Conservation Service (NRCS) needed written assurance that

the City of Columbus would not allow any structures to be built on the Bull

Creek Watershed Structure No. 25 dike (including any kind of fence) and that

the dike will not be altered in any manner.



The property is to be transferred with the following conditions:



1. The Quit Claim Deed for Survey Area "A" will have the following

verbiage on it, [will not allow any structures to be built on the dike

(including any kind of fence), the dike will not be altered in any manner, and

the City will have to do whatever is necessary to properly operate and maintain

the dam and dike].



2. The deed restriction for Area "A" will be recorded in the Clerk

of Superior Court.



3. The City will maintain proper control to carry out the agreements

made with the NRCS when the structure was constructed.

Financial Considerations

The property will be transferred by Warranty Deed and Quit Claim Deed.

Projected Annual Fiscal Impact Statement

Legal Considerations

The Quit Claim Deed for Area "A" will transfer said property from Columbus

Consolidated Government (Grantor) to Ray M. Wright, Inc. and Victor T.

Prevatt (Grantee). The Warranty Deed will transfer Area "B" and "C" from Ray

M. Wright Inc. and Victor T. Prevatt (Grantor) to Columbus Consolidated

Government (Grantee). Each deed will be recorded with Clerk of Superior

Court. Council must approve the transfer of real estate and newspaper notices

shall be published in accordance with Columbus Charter Section 7-501.

Recommendations/ Actions

Approve the attached Resolution authorizing the City Manager execute a

Quit Claim Deed to transfer Area "A" to Ray M. Wright Inc. and Victor T.

Prevatt and the acceptance of real estate, Area "B" and "C" to the City.

No attachments for this document.