Bill Text: GA HB1483 | 2009-2010 | Regular Session | Introduced

Georgia House Bill 1483 (Prior Session Legislation)

Introduced

Bill Title: Johns Creek, City of; maximum ad valorem tax levied by city; change provisions

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2010-04-21 - Senate Read and Referred [HB1483 Detail]

Download: Georgia-2009-HB1483-Introduced.html

10 LC 14 0288

House Bill 1483

By: Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th, and Martin of the 47th

A BILL TO BE ENTITLED
AN ACT

To amend an Act incorporating the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended by an Act approved May 11, 2009 (Ga. L. 2009, p. 3998), so as to change provisions relating to the maximum rate of ad valorem taxation to be levied by the city; to change the description of the territory included in the city; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act incorporating the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended by an Act approved May 11, 2009 (Ga. L. 2009, p. 3998), is amended by revising subsection (b) of Section 6.11 as follows:

"SECTION 6.11.
Millage.

(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by referendum by a majority of those citizens of the city voting in the referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax."

SECTION 2.

Said Act is further amended by revising Appendix A contained in the original 2006 Act to read as stated in Appendix A attached to and made a part of this amendatory Act.

SECTION 3.

The governing authority of Johns Creek shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 90 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

APPENDIX A

If approved by the voters as described in Section 7.14 of this charter, the corporate limits of the City of Johns Creek shall include the following described territory except that the corporate limits of the City of Johns Creek shall not include any part of the following described territory which has been validly annexed to another city by an annexation completed before this Act is approved by the Governor or becomes law without such approval:

Commencing at the northeasterly point of Fulton County, Georgia at the point where Fulton County, Georgia intersects the westerly county line of Gwinnett County, Georgia, the southerly county line of Forsyth County, Georgia, as the boundaries existed on January 1, 2006, and the Chattahoochee River; running thence generally southwesterly along the southeastern line of Fulton County where it intersects the northeasterly line of Gwinnett County, following the meanderings of the Chattahoochee River, to the point where said Fulton-Gwinnett County line intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the east boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the east boundary of the Chartwell Subdivision northwesterly to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly along the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, as said boundary existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running north along said right-of-way of Nesbit Ferry Road to the point in Land Lot 818, aforesaid District and Section, where said eastern boundary leaves the right-of-way of Nesbit Ferry Road; thence following said eastern boundary northwest to the point where said eastern boundary intersects the east land lot line of Land Lot 787, aforesaid District and Section; thence running northeasterly along the eastern boundary of the City of Roswell, Georgia, following the courses and distances thereof, to a point in Land Lot 867, aforesaid District and Section, where said boundary line intersects the northwest corner of the Magnolia Park Subdivision as set out on that certain plat entitled Final Plat for Magnolia Park, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 224, page 89, Official Deed Records of Fulton County, Georgia, said point also lying on the south line of the Willow Springs Subdivision, as set out on that certain plat entitled Final Plat Willow Springs S/D, Unit 5, by Mayes Sudderth & Etheridge, Inc., recorded at Plat Book 116, page 40, Official Deed Records of Fulton County, Georgia; thence leaving said boundary line of the City of Roswell, Georgia, running southwest along the west line of said Magnolia Park Subdivision to a point at the southwest corner of said Magnolia Park Subdivision; thence running east, north and east along the south line of said Magnolia Park Subdivision to the point where said line intersects with Haynes Bridge Road at the southeast corner of said Magnolia Park Subdivision; thence running north along the right-of-way of Haynes Bridge Road, to the point in Land Lot 867, aforesaid District and Section, at the northerly intersection of said right-of-way with the east boundary line of the aforementioned Final Plat Willow Springs S/D, Unit 5; thence leaving said right-of-way running west along the boundary line of the Willow Springs Subdivision to a point on the west land lot line of Land Lot 867, aforesaid District and Section; thence continuing north along said east boundary line of Willow Springs Subdivision following the west land lot line of Land Lots 867 and 866, aforesaid District and Section, to the point at the intersection of Land Lots 843, 844, 865 and 866, aforesaid District and Section, said point also lying on the south boundary line of that certain Wentworth Subdivision as set out on that certain plat entitled Final Plat for Wentworth, by Hayes, James & Associates, recorded at Plat Book 214, page 129, Official Deed Records of Fulton County, Georgia; thence running west along the south boundary of Wentworth Subdivision, and Land Lot 844, aforesaid District and Section, to a point at the southwest corner of said subdivision; thence leaving said land lot line running north along the west boundary of said Wentworth Subdivision, following the courses and distances thereof across the right-of-way of Haynes Bridge Road, to a point at the northwest corner of said Wentworth Subdivision, said point being located on the north line of Land Lot 844, aforesaid District and Section; thence running east along the north line of said Wentworth Subdivision, along the north lines of Land Lots 844 and 865, aforesaid District and Section, to a point at the northeast corner of said subdivision; thence leaving said land lot line, running south along the east boundary of said Wentworth Subdivision to the point at which said boundary line intersects the northerly point of that certain parcel of land (Fulton County tax id# 12302008650447, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 1, 2004, recorded in Deed Book 38424, page 122, Official Deed Records of Fulton County, Georgia; thence running southeast and southerly along the east property line of said parcel of land to a point, said point also lying at the northeast corner of that certain parcel of land (Fulton County tax id# 12302008650173, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 2, 2004, recorded in Deed Book 38424, page 118, Official Deed Records of Fulton County; thence running south along the east line of said parcel of land (Fulton County tax id# 12302008650173) to a point at the southeast corner of said parcel of land; thence running southwest along the southeast property line of said parcel of land (Fulton County tax id# 12302008650173) to a point on the right-of-way of Haynes Bridge Road; thence following the right-of-way of Haynes Bridge Road southeast to the intersection of Haynes Bridge Road and Alvin Road; thence running northeasterly along Alvin Road to a point at its intersection in Land Lot 898, aforesaid District and Section, with the southeast corner of the Berkshire Manor Subdivision, Unit One, as set out on that certain plat recorded in the Official Deed Records of Fulton County, Georgia; thence running north along the east boundary of said Berkshire Manor Subdivision following said east boundary of the Berkshire Manor Subdivision along Unit One, Unit Three, and Unit Five thereof, to the point at which said east boundary intersects the south line of Land Lot 900 the same lying at the southwest corner of the Summer Trace Subdivision as set out on that certain plat entitled Final Plat for Summer Trace, Unit Two, by Civil Design, Inc., recorded at Plat Book 149, page 5, Official Deed Records of Fulton County, Georgia; thence running east along said south land lot line to point at the intersection of said land lot line and the southeast corner of Lot 104 of set forth on said Summer Trace Subdivision Plat; thence leaving said land lot line running northwest along the northeast property line of said Lot 104 to the north corner of said lot 104, said point also being located at the southwest corner of Unit III of the Summer Trace Subdivision as set out on that certain Final Plat for Summer Trace, Unit III, by Civil Design, Inc., recorded at Plat Book 153, page 1, Official Deed Records of Fulton County, Georgia; thence running northwest along the westerly line of said Unit III of the Summer Trace Subdivision following the courses and distances thereof to a point at its intersection with the City of Alpharetta, Georgia, as it existed on January 1, 2006, at Long Indian Creek; thence following said boundary line of the City of Alpharetta, Georgia southeasterly along the meanderings of Long Indian Creek to the point where Long Indian Creek intersects the easterly line of Land Lot 864, aforesaid District and Section, there leaving said boundary line of the City of Alpharetta, Georgia; thence continuing along the meanderings of Long Indian Creek easterly to the point where Long Indian Creek intersects the east line of Land Lot 918, aforesaid District and Section; thence leaving Long Indian Creek running south along said east land lot line of Land Lot 918 to the point where said east line intersects with the north line of Land Lot 11, 1st District, 1st Section of Fulton County, Georgia; thence running east along said north land lot line of said Land Lot 11 to a point where said land lot line intersects with that certain Storm Drain Line located northeasterly from the northeastern line of Timberstone Subdivision, Section III, as set out on that certain plat entitled Final Subdivision Map for Timberstone Section III, by Urban Engineers, Inc., recorded at Plat Book 115, page 81, Official Deed Records of Fulton County, Georgia; thence following the meanderings of said Storm Drain Line southeasterly in said Land Lot 11 to the point where said Storm Drain Line intersects with the south line of said Land Lot 11; thence running east along said south line of said Land Lot 11 to the point at the intersection of Land Lots 11, 12, 35 and 36, aforesaid District and Section; thence running south along the east line of said Land Lot 12 to the point where said land lot line intersects with the southwest corner of Lauren Hall Subdivision, as set out on that certain plat entitled Final Plat of Lauren Hall Subdivision, by Watts & Browning Engineers, Inc., dated February 13, 1995, recorded at Plat Book 186, page 2, Official Deed Records of Fulton County, Georgia; thence running easterly along the south line of said Lauren Hall Subdivision following the courses and distances thereof to a point on the northwesterly right-of-way of Jones Bridge Road; thence running northeast along said northwesterly right-of-way of Jones Bridge Road to the point at which said right-of-way intersects the northeast right-of-way of Waters Road; thence leaving said right-of-way of Jones Bridge Road running northwest along said northeast right-of-way of Waters Road to a point at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000580174, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated January 2, 1996, recorded in Deed Book 20494, page 331, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running northeasterly along the northerly property line of said parcel of land to a point at the northeast corner of said parcel of land, said point also constituting the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000581370, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April 19, 2002, recorded in Deed Book 32301, page 65, Official Deed Records of Fulton County, Georgia; thence running northeasterly along the northerly property line of said parcel of land (Fulton County tax id# 11018000581370) to a point at the northeast corner of said parcel of land, said point being located on the southwesterly property line of that certain parcel of land (Fulton County tax id# 11018000570290, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated October 10, 2001, recorded in Deed Book 31201, page 149, Official Deed Records of Fulton County, Georgia; thence running northwesterly along said southwesterly property line to a point at the northwest corner of said parcel of land; thence running southeasterly along the northwesterly property line to a point at the northeast corner of said parcel of land, said point being located on the east land lot line of Land Lot 58, aforesaid District and Section; thence running north along the east line of Land Lots 58, 57, and 56, aforesaid District and Section, to a point at the intersection of said land lot line of Land Lot 56 and the southern right-of-way of Brooks Bridge Crossing; thence leaving said land lot line running westerly along the south right-of-way Brooks Bridge Crossing, northerly along the west right-of-way of Brooks Bridge Crossing, and easterly along the north right-of-way of Brooks Bridge Crossing to the point at the intersection of the said right-of-way and the east line of Land Lot 56; thence leaving said right-of-way of Brooks Bridge Crossing and running north along the east line of Land Lot 56 to a point a the intersection of Land Lots 55, 56, 77 and 78, aforesaid District and Section; thence running east along the north line of Land Lots 77 and 96, aforesaid District and Section, to a point at the intersection of Land Lots 95, 96, 115 and 116, aforesaid District and Section; thence running south along the east line of said Land Lot 96 to a point located at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11028001150240, according to the parcel numbering system existing on January 1, 2006) described in that certain Executor’s Deed, dated May 28, 2003, recorded in Deed Book 35203, page 391 Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running east along the north property line of said parcel of land (Fulton County tax id# 11028001150240), to a point on the westerly right-of-way of Buice Road; thence following said right-of-way northerly and westerly to the point where said right-of-way intersects the east line of Land Lot 94, aforesaid District and Section, said point being located on the east boundary of Ocee Park; thence leaving said right-of-way running south along said east line to a point at the intersection of Land Lots 94, 95, 116, and 117, aforesaid District and Section; thence running west along the south line of said Land Lot 94 to a point at the intersection of Land Lots 78, 79, 94 and 95, aforesaid District and Section; running thence north along the west line of said Land Lot 94 to a point at the intersection of Land Lots 79, 80, 93 and 94, aforesaid District and Section; thence running east along the north line of said Land Lot 94 to a point located at the southeast corner of that certain parcel of land (Fulton County tax id# 11027000930164, according to the parcel numbering system existing on January 1, 2006) the same being set forth on that certain plat entitled Final Plat for Donald Allen Fuqua, by Brumbelow-Reese & Assoc., Inc., dated November 10, 1983, recorded at Plat Book 133, page 16, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the east property line of said parcel of land to a point on the southeast right-of-way of Kimball Bridge Road; thence running northeast along said right-of-way to the intersection of said right-of-way and the east right-of-way of Buice Road; thence leaving said right-of-way of Kimball Bridge Road running southeasterly along the east right-of-way of Buice Road, following the courses and distances thereof, to the point at the intersection of said right-of-way and the south line of Land Lot 116, aforesaid District and Section, said point being located at the southwest corner of the Pinewalk Subdivision, Unit One, as set forth on that certain plat entitled Final Plat – Unit One – Pinewalk Subdivision, by Engineering and Surveying, Inc., recorded at Plat Book 158, page 101, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way of Buice Road running east along the south line of Land Lots 116 and 133, aforesaid District and Section, along the south property line of said Pinewalk Subdivision to a point at the southeast corner of said subdivision; thence leaving said land lot line running north along the east property line of said Pinewalk Subdivision, Unit One, as shown on said plat, to a point at the northeast corner of said Pinewalk Subdivision; thence running west along the north line of said Pinewalk Subdivision, Unit One, as shown on said plat, to the point at which said property line intersects with the west land lot line of said Land Lot 133; thence running north along the west land lot line of Land Lot 133, 132 and 131, aforesaid District and Section to a point at the intersection of Land Lots 118, 119, 130 and 131, aforesaid District and Section; thence running west along the south line of said Land Lot 119, 100.31 feet to a point at the intersection of said land lot line and the a point immediately south of the southeast corner of The Pines at Kimball Bridge, Unit One, as set forth on that certain plat entitled Final Plat of: The Pines at Kimball Bridge, Unit One, by Hayes, James & Associates, recorded at Plat Book 140, page 33, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north to and along the east line of said subdivision to a point on the southeasterly right-of-way of Kimball Bridge Road, thence southwesterly along the southeasterly right-of-way of Kimball Bridge Road to a point 220 feet more or less southwesterly, as measured along said right-of way, from the east line of Land Lot 119, thence North 17 degrees 00 minutes 50 seconds east across Kimball Bridge Road to the northwesterly right-of-way of Kimball Bridge Road at the southwestern corner of the property of the North Fulton Jewish Center, Inc. as described in that certain General Warranty Deed recorded in Deed Book 27176, page 276, Official Deed Records of Fulton County, Georgia; thence running northeasterly following said northwesterly right-of-way of Kimball Bridge Road to a point where said right-of-way intersects the southwest corner of that certain parcel of land (Fulton County tax id# 11044001940274, according to the parcel numbering system existing on January 1, 2009) described in that certain Warranty Deed, dated March 9, 2006, recorded in Deed Book 42235, Page 542, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running northerly along the west property line of said parcel of land (Fulton County tax id# 11044001940274) and thence easterly along the north property line of said parcel of land (Fulton County tax id# 11044001940274) to a point where said north property line intersects the westerly right-of-way of Fox Road; thence running northerly along said westerly right-of-way of Fox Road to a point where said right-of-way intersects with the south line of Land Lot 196, aforesaid District and Section; thence leaving said right-of-way running east along the south line of Land Lots 196 and 232, aforesaid District and Section to a point at the intersection of said land lot line and the southeast corner of that certain Windward / Southpointe Development as set forth on that certain plat entitled Final Plat for Windward Properties, Inc. Being Pod 39, Blocks I, J &K, Windward / Southpointe, by Rochester Associates, Inc., recorded at Plat Book 159, page 130, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north along the east property line of said Windward / Southpointe Development to a point where said east property line intersects with the north line of Land Lot 232, aforesaid District and Section; thence running east along the north lines of Land Lots 232 and 233, aforesaid District and Section to the point at the intersection of said land lot line of Land Lot 233 and the northwest right-of-way of Jones Bridge Road; thence leaving said land lot line running northeast along said northwest right-of-way of Jones Bridge Road to the point where said right-of-way intersects the east line of Land Lot 1256, 2nd District, 1st Section, Fulton County, Georgia; running thence north along the east line of Land Lots 1256, 1231, 1190 and 1165, aforesaid District and Section, to the northerly point of Laurel Cove Subdivision – Unit II on said east line of said Land Lot 1165 as set forth on that certain plat entitled Final Plat Laurel Cove – Unit II, Douglas Road (Formerly Known as Huntington Trace Subdivision – Unrecorded), by Patterson & Smith, Inc., dated October 2, 2001, last revised August 7, 2002, recorded at Plat Book 231, page 88, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the northeasterly property line of said Unit II of said subdivision, following the courses and distances thereof, to the point where said property line intersects the easterly property line of Laurel Cove Subdivision, Unit I, as set forth on that certain plat entitled Final Plat Laurel Cove / Douglas Road, dated May 3, 2001, recorded at Plat Book 238, page 74, Official Deed Records of Fulton County, Georgia, thence continuing northerly, following the courses and distances of Unit I thereof, to the point at which said easterly property line of said Laurel Cove Subdivision, Unit I, intersects with the north land lot line of Land Lot 1165, aforesaid District and Section; thence running east along the north line of Land Lot 1165, aforesaid District and Section, to a point located at the intersection of Land Lots 1124, 1125, 1164 and 1165, aforesaid District and Section; thence leaving said land lot line running northwest, southwest and northwest along the easterly property line of the Calumet Subdivision as set forth on that certain plat entitled Final Plat of Calumet, by Watts & Browning Engineers, dated January 16, 1991, revised January 23, 1991, recorded at Plat Book 171, page 14, Official Deed Records of Fulton County, Georgia, to the point where said easterly property line intersects the southerly right-of-way of Old McGinnis Ferry Road; thence running westerly along the right-of-way of said Old McGinnis Ferry Road to the westerly point of said Calumet Subdivision adjacent to said right-of-way; thence leaving said right-of-way running S 00 degrees 32 minutes 38 seconds E a distance of 247.81 feet along the line dividing Lot 33 of Calumet Subdivision from that certain parcel of land (Fulton County tax id#2157201 1240128) to the southeast corner of said tax parcel, said point also being on the north line of Lot 34 of Calumet Subdivision, thence westerly along the line dividing Calumet Subdivision and the south line of tax parcel 21572011240128 and the south line of tax parcel # 21572011240102 to a point on the easterly right-of-way line of Douglas Road (60 right-of-way); thence northerly along the easterly right-of-way line of Douglas Road to a point identified as KC5013 on that certain survey attached to and made a part of a Fulton County Right of Way Deed recorded at Deed Book 35547, page 150, Official Records of Fulton County; thence westerly across Douglas Road to a point on the westerly right-of-way of Douglas Road; thence northerly along the westerly right-of-way of Douglas Road to its intersection with the north right-of-way of McGinnis Ferry Road; running thence southeasterly to a point identified as KC302019, as shown on Drawing No. RW-O1 of the set of plans of the Department of Transportation State of Georgia for the Right-of-Way of Proposed McGinnis Ferry Road from Sargent Road to the Chattahoochee River (Project No. MSL-0004-00-(429)) dated March 14, 2005 and prepared by Moreland Altobelli Associates, Inc., which is hereby incorporated herein; thence following the northerly required right-of-way line of McGinnis Ferry Road as set out in the set of plans of the Department of Transportation State of Georgia for the Right-of-Way of Proposed McGinnis Ferry Road from Sargent Road to the Chattahoochee River (Project No. MSL-0004-00-(429)) dated March 14, 2005 and prepared by Moreland Altobelli Associates, Inc., following the courses and distances thereof to a point identified as KC302826, as shown on Drawing No. RW-49 of the set of plans of the Department of Transportation State of Georgia for the Right-of-Way of Proposed McGinnis Ferry Road from Sargent Road to the Chattahoochee River (Project No. MSL-0004-00-(429)) dated March 14, 2005 and prepared by Moreland Altobelli Associates, Inc.; thence continuing easterly along the same course and bearing to the point where said line intersects the westerly county line of Gwinnett County, Georgia; thence leaving said line and running southerly along the westerly county line of Gwinnett County, Georgia to the point where said line intersects the northeasterly point of Fulton County, Georgia, at the point where Fulton County, Georgia intersects the westerly county line of Gwinnett County, Georgia and the southerly county line of Forsyth County, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated.