Bill Text: GA HB508 | 2011-2012 | Regular Session | Introduced

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Bill Title: Kennesaw, City of; corporate city limits; change provisions

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2011-04-20 - Effective Date [HB508 Detail]

Download: Georgia-2011-HB508-Introduced.html

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11 LC 37 1203/AP

House Bill 508 (AS PASSED HOUSE AND SENATE)

By: Representatives Setzler of the 35th, Manning of the 32nd, Teasley of the 38th, Dollar of the 45th, Ehrhart of the 36th, and others

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), is amended by adding at the end of Section 1.01 the following:

"The corporate limits of the City of Kennesaw shall also include the following described parcels of land:

Tract 1.

All that tract or parcel of land lying and being in Land Lot 126, 20TH District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING at a 1/2-inch rebar found at the intersection of the Land Lot Line common to land lots 125 and 126 with the northern right-of-way of US Highway 41 (200ʹ right-of-way); Thence leaving said right-of-way along said Land Lot Line and the division line between Odeon Village, LLC (Deed Book 14629, Page 4413) and Miss Nina Bostic et al (Deed Book 136, Page 202), North 01 degrees 18 minutes 21 seconds East, a distance of 749.62 feet to a 1/2-inch rebar found; Thence along the division line between Cobblestone Landing, L.P. (Deed Book 13543, Page 18320) and Miss Nina Bostic et al, North 01 degrees 18 minutes 11 seconds East, a distance of 499.57 feet to a 1/2-inch rebar found; Thence along the division line between Liberty Commons Subdivision (Plat Book 195, Page 25) and Miss Nina Bostic et al North 00 degrees 21 minutes 06 seconds East, a distance of 499.65 feet to a 1" open top pipe found; Thence leaving said Land Lot Line, South 88 degrees 33 minutes 44 seconds East, a distance of 413.42 feet to a 3/4-inch open top pipe found; Thence South 85 degrees 56 minutes 10 seconds East, a distance of 84.14 feet to a 1" open top pipe found; Thence along the division line between Rosemary James Strickland (Deed Book 14311, Page 1936) and Miss Nina Bostic et al the following two courses and distances: South 01 degrees 51 minutes 47 seconds East, a distance of 1051.31 feet to a 1" crimped top pipe found; South 87 degrees 34 minutes 10 seconds East, a distance of 315.72 feet to a 1-1/2-inch crimped top pipe found; Thence along the division line between Robert J. Cain (Deed Book 11145, Page 199) and Miss Nina Bostic et al South 86 degrees 57 minutes 13 seconds East, a distance of 344.54 feet to a 1/2-inch rebar found on the western right-of-way of Robin Drive; Thence South 03 degrees 08 minutes 34 seconds West, a distance of 126.29 feet to a 5/8-inch rebar set; Thence South 00 degrees 28 minutes 58 seconds West, a distance of 200.10 feet to a feet to a 5/8-inch rebar set; Thence along the division line between Estes Express Lines (Deed Book 7590, Page 257) and Miss Nina Bostic et al, South 02 degrees 06 minutes 44 seconds West, a distance of 320.00 feet to a 5/8-inch rebar set; Thence along the division line between Kilgore Properties, L.P. (Deed Book 6230, Page 1) and Miss Nina Bostic et al, South 02 degrees 04 minutes 17 seconds West, a distance of 292.00 feet to a 5/8-inch rebar set on the northern right-of-way of US Highway 41; Thence along said right-of-way, North 76 degrees 24 minutes 29 seconds West, a distance of 1225.77 feet to a 1/2-inch rebar found at the intersection of the Land Lot Line common to land lots 125 and 126 with the northern right-of-way of US Highway 41; said 1/2-inch rebar found being the TRUE POINT OF BEGINNING.

Said tract of land contains 35.254 Acres.

Tract 2.

All That Tract Or Parcel of Land Lying And Being In Land Lot 136 Of The 20th District, 2nd Section, Cobb County, Georgia And Being More Particularly Described As Follows:

Beginning At A 1/2" Rebar Found Located On The Northwesterly Right Of Way Of McCollum Parkway (A 160 Foot Right Of Way) A Distance Of 550.21 Feet Northeasterly As Measured Along Said Right Of Way From The Intersection Of The Northwesterly Right Of Way Of McCollum Parkway And The South Land Lot Line Of Land Lot 136 Of The 20th District, 2nd Section Of Cobb County, Georgia (The Calls From The Point Of Beginning To Said South Land Lot Line Are As Follows South 65 Degrees 25 Minutes 19 Seconds West A Distance Of 314.41 Feet To A 1" Rod Found, Thence Continuing South 65 Degrees 25 Minutes 19 Seconds West Along Said Right Of Way A Distance Of 235.80 To Said South Land Lot Line) From Said Point Of Beginning Running Thence Along Property Now Or Formerly Owned By Atlanta Gas Light Company North 28 Degrees 25 Minutes 04 Seconds West A Distance Of 464.88 Feet To An Iron Pin Located On The South Right Of Way Of Big Shanty Road (Right Of Way Varies); Running Thence North 89 Degrees 00 Minutes 52 Seconds East Along Said South Right Of Way Of Big Shanty Road A Distance Of 234.57 Feet To 1/2" Rebar; Thence Leaving Said South Right Of Way Of Big Shanty Road And Running Along Property Now Or Formerly Owned By Millwright Local Union 1263 South 25 Degrees 32 Minutes 00 Seconds East A Distance Of 369.89 Feet To An Iron Pin Found Located On The Northwesterly Right Of Way Of McCollum Parkway; Running Thence along The northwesterly Right Of Way Of McCollum Parkway South 65 Degrees 23 Minutes 15 Seconds West A Distance Of 190.00 To An Iron Pin Found And The Point Of Beginning, According To That Certain Survey Prepared For Henry M. Pickens (Sic), Beaumont Products, Inc., Pickens (Sic) Properties, LLC, U.S. Small Business Administration, Bank Of North Georgia And Chicago Title Insurance Corporation, By Gary L. Cooper, G.R.L.S.# 2606, Dated November 11, 2009, And Being Shown As 1.917 Acres.

Together With That Certain Easement For Detention Pond And Drainage Purposes As Described And Granted To Mark L. Marsh And David H. Moore, Individually And D/B/A M & M Properties In That Easement Agreement Filed Of Record January 13, 1997 And Recorded In Deed Book 10108, Page 51 Cobb County, Georgia Records.

Tract 3.

ALL That tract or parcel of land lying or being in Land Lots 59 & 94, of the 20th District, 2nd Section, City of Kennesaw, Cobb County, Georgia, and being more particularly described as follows:

Commencing at the intersection of the southerly right-of-way line of Shiloh Road (right-of-way varies) and the westerly right-of-way line of Frey Road (100-foot right-of-way) said point being the POINT OF BEGINNING; THENCE proceeding along the said westerly right-of-way line of Frey Road South 02 degrees 10 minutes 30 seconds West, a distance of 270.27 feet to a point; THENCE continuing along the said westerly right-of-way line of Frey Road and crossing from Land Lot 59 into Land Lot 94, South 01 degrees 29 minutes 26 seconds West, a distance of 86.92 feet to a point. THENCE turning a bearing southwesterly North 89 degrees 15 minutes 41 seconds West, a distance of 220.79 feet to a point; THENCE turning a bearing southwesterly South 40 degrees 08 minutes 12 seconds West, a distance of 333.12 feet to a point; THENCE turning a bearing northwesterly North 89 degrees 55 minutes 07 seconds West, a distance of 393.59 feet to a point. THENCE continuing along the said northeasterly right-of-way line of George Busbee Parkway, northwesterly and northerly a distance of 90.25 feet along the arc of a curve to the right, having a radius of 661.20 feet and being subtended by a chord which bears North 24 degrees 16 minutes 24 seconds West, for a distance of 90.18 feet, to a point; THENCE continuing along the said northeasterly right-of-way line of George Busbee Parkway, North 11 degrees 25 minutes 47 seconds West, a distance of 147.66 feet to a point on the southerly right-of-way line of Shiloh road (right-of-way varies); THENCE along the said southerly right-of-way line of Shiloh Road North 70 degrees 16 minutes 54 seconds East, a distance of 155.17 feet to a point; THENCE continuing along the said southerly right-of-way line of Shiloh Road North 60 degrees 22 minutes 55 seconds East, a distance of 78.85 feet to a point; THENCE continuing along the said southerly right-of-way line of Shiloh Road North 68 degrees 51 minutes 31 seconds East, a distance of 307.70 feet to a point; THENCE continuing along the said southerly right-of-way line of Shiloh Road easterly and northeasterly a distance of 430.90 feet along the arc of a curve to the left, having a radius of 1923.88 feet and being subtended by a chord which bears North 66 degrees 05 minutes 42 seconds East, for a distance of 430.00 feet, to the POINT OF BEGINNING.

Containing 6.197 Acres, more or less, and shown on a Zoning Exhibit of Property for Towne View Baptist Church, as Tract 1.

Tract 4.

ALL That tract or parcel of land lying or being in Land Lots 59 & 94, of the 20th District, 2nd Section, City of Kennesaw, Cobb County, Georgia, and being more particularly described as follows:

Commencing at the intersection of the southerly right-of-way line of Shiloh Road (right-of-way varies) and the westerly right-of-way line of Frey Road (100-foot right-of-way) said point being the POINT OF BEGINNING; THENCE proceeding along the said westerly right-of-way line of Frey Road South 02 degrees 10 minutes 30 seconds West, a distance of 270.27 feet to a point; THENCE continuing along the said westerly right-of-way line of Frey Road and crossing from Land Lot 59 into Land Lot 94, South 01 degrees 29 minutes 26 seconds West, a distance of 86.92 feet to a point and the TRUE POINT OF COMMENCEMENT; THENCE continuing along the said westerly right-of-way line of Frey Road and crossing from Land Lot 59 into Land Lot 94, South 01 degrees 29 minutes 26 seconds West, a distance of 528.73 feet to a point. THENCE leaving the said westerly right-of-way line of Frey Road proceed North 88 degrees 42 minutes 18 seconds West, a distance of 668.69 feet to a point on the northeasterly right-of-way line of George Busbee Parkway (right-of-way varies); THENCE along the said northeasterly right-of-way line of George Busbee Parkway, crossing from Land Lot 94 to Land Lot 59 North 31 degrees 32 minutes 59 seconds West, a distance of 95.24 feet to a point, THENCE continuing along the said northeasterly right-of-way line of George Busbee Parkway, northwesterly and northerly a distance of 206.19 feet along the arc of a curve to the right, having a radius of 661.20 feet and being subtended by a chord which bears North 24 degrees 16 minutes 24 seconds West, for a distance of 205.36 feet, to a point; THENCE leaving the said northeasterly right-of-way line of George Busbee Parkway, South 89 degrees 55 minutes 07 seconds East, a distance of 393.59 feet to a point. THENCE turning a bearing northeasterly North 40 degrees 08 minutes 12 seconds East, a distance of 333.12 feet to a point; THENCE turning a bearing southeasterly South 89 degrees 15 minutes 41 seconds East, a distance of 220.79 feet to a point and THE TRUE POINT OF COMMENCEMENT.

Containing 6.53 Acres, more or less, and shown on a Zoning Exhibit of Property for Towne View Baptist Church, as Tract 1 & 2."

SECTION 2.

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