Agenda Item # 3
Columbus Consolidated Government
Council Meeting
03/10/2015
Agenda Report # 87
TO: Mayor and Council
SUBJECT: Quit Claim of Property to Muscogee County School District
INITIATED BY: David Arrington, Deputy City Manager
Recommendation: Ratify the Mayor's execution, recording and delivery a
Quitclaim Deed for an approximately 8.41 acre tract (013-022-007) to the
Muscogee County School District for purpose of clearing title to the property.
Background: An Act of the General Assembly of Georgia approved February 25,
1949, published in Ga. L. 1949, p. 1086 created the Muscogee County School
District and provided that all property, real and personal,...held by said City
for its independent school system...shall pass to and be held by Muscogee
County School District. Such transfer was to be effective immediately upon
approval of the creation of the School District. The above referenced property
is the site of the former Daniel Middle School on Manchester Expressway.
Analysis: The Muscogee County School District is in the process of selling the
above referenced property to a private party for development purposes.
Attorneys for the purchaser requested the execution and delivery of a Quitclaim
deed in order to evidence and clarify of record that the Muscogee County School
District is the true, legal and equitable owner in fee simple of such property.
In order to accommodate the scheduled closing of the sale of the property, the
Mayor executed a quitclaim deed dated March 4, 2015 which quit claimed all of
the City's interest in the property in accordance with the operation of Ga. L.
1949, p. 1086 in accordance with the authority granted her pursuant to Section
4-201(5) of the Columbus Charter.
Financial Considerations: None
Projected Annual Fiscal Impact Statement: None
Legal Considerations: Execution of the Quitclaim deed cleared title to the
property in accordance with Georgia law, and Council's ratification of the
execution is now requested in order to complete the transaction.
Recommendations/ Actions: Ratify the Mayor's execution, and delivery of a
Quitclaim Deed for an approximately 8.41 acre tract (013-022-007) to the
Muscogee County School District for purpose of clearing title to the property.
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING AND RATIFYING THE EXECUTION, RECORDING AND DELIVERY OF
A QUITCLAIM DEED TO MUSCOGEE COUNTY SCHOOL DISTRICT WITH REGARD TO AN
APPROXIMATELY 8.41 ACRE TRACT OF LAND (013-022-007) FOR THE PURPOSE OF CLEARING
TITLE TO THE PROPERTY.
WHEREAS, by warranty deed dated April 26, 1946 from R.E. Martin, R.E. Martin,
Jr. and E.D. Martin, the City of Columbus took title to an approximately 8.42
acre tract of land (013-022-007), more specifically identified in the attached
Quitclaim deed, to be used for educational purposes; and,
WHEREAS, An Act of the General Assembly of Georgia approved February 25, 1949,
Ga. L. 1949, p. 1086, created the Muscogee County School District and provided
that "all property, real and personal,...held by said City for its existing
independent school system...shall when said merger actually becomes operative
pass to and be held by Muscogee County School District," Ga. L. 1949 at p.
1093; and,
WHEREAS, the Muscogee County School District is selling the above referenced
property for development purposes, and attorneys for the purchaser requested,
since title was originally acquired in the name of the City of Columbus, that a
Quitclaim Deed from the City of Columbus to Muscogee County School District be
executed and recorded in order to evidence and clarify of record that the
Muscogee County School District is the true, legal and equitable owner in fee
simple of such property; and,
WHEREAS, on March 4, 2015, the Mayor executed the Quitclaim deed attached
hereto in accordance with Ga. L. 1949, p. 1026 and Section 4-201(5) of the
Columbus Charter.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
The execution, delivery, and recording of the attached quitclaim deed to the
approximately 8.41 acre tract (013-022-007) referred to above is hereby
authorized and ratified.
Introduced at a regular meeting of the Council of Columbus, Georgia,
held the _________ day of ____________ 2015, and adopted at said meeting by the
affirmative vote of ___________ members of said Council.
Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Buck voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
_____________________________ _________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson,
Mayor
Attachments