HomeMy WebLinkAboutRESOLUTION TO AUTHORIZE CONVEYANCE TO 823 BROAD STREET, LLC RESOLUTION TO AUTHORIZE CONVEYANCE TO 823 BROAD STREET, LLC
WHEREAS, the Augusta Commission (hereinafter "City" or "Augusta") has approved the
conveyance of a 220 square foot encroachment on City property, located at 823 Broad Street,
to adjacent landowner 823 Broad Street, LLC, which encroachment resulted from the thickening
of an exterior wall, made necessary by renovations to the building; and
WHEREAS, the City is authorized to convey parcels of small or narrow strips of land
incapable of being used independently to adjoining landowners without the use of the bid
process as stated in O.C.G.A. § 36-9-3(h); and
WHEREAS, such property is only two and a half(2.5) feet wide at its widest point, and its
conveyance is necessary to allow for the historically accurate renovation and beautification of a
highly visible downtown building, and which renovation and beautification greatly enhances the
appearance and value of the Augusta Commons Area, which in turn greatly benefits the City
and the public at large; and
WHEREAS, the City has concurrently agreed to acknowledge and allow in favor of 823
Broad Street, LLC, an encroachment for the placement of three overhead balconies which
extend one (1) foot over the property line, and approximately fifteen (15) feet above the
ground. The City reserves the right to rescind this permission and require the removal of said
balconies in the event, if ever, it becomes a public necessity, as in, by way of example, the
construction of a new adjacent building; and
WHEREAS, such property is more particularly described on a plat, marked as "Tract B", a
true and correct copy of which is attached hereto and incorporated herein by reference, and
which plat also marks the located of the above-described balconies.
NOW THEREFORE, in consideration of the above recitals, the City and the adjacent
landowner will enter an agreement, the material terms of which are as follows:
1. Said property described above as "Tract B" shall be conveyed to the landowner in
consideration for the public benefit derived from the renovation of the building.
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2. The City will also agree to allow the one (1) foot encroachment created by the
buildings second floor balconies, with the condition that should the city ever have
need for this space for the greater public good, the City could renounce said
agreement and reclaim this space.
3. The Mayor of Augusta is authorized to sign all documents necessary to effect the
above conveyance and encroachment Agreement.
Adopted this 1 day of �,//-, 20 and binding upon the City, its commissions, departments,
agencies and delegates.
Augusta, Georgia
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EXHIBIT "B"
ENCROACHMENTS
[See Attached Plat]
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