HomeMy Public PortalAbout19990325CCMeeting1
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Council Minutes
Day 1999 -03 -25 Council Minutes
Mayor Walter W. Parker called the March 25, 1999 City Council meeting to order at
7:30 P .M. with the following members of Council present: Ed Merves, Jack Youmans,
Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti and Mallory Pearce. City
Manager Bill Farmer and City Attorney Hughes were also present.
The Reverend Lee Bennett gave the invocation followed by the audience reciting the
Pledge of Allegiance.
Susan Inveninato requested permission from Council to cut down three trees in order
to add 2 bedrooms to her home for their 2 children. Inveninato said she came to Council
because the City Manager had turned down her request.
Shel Solomon addressed Council on the current effort to impose more restrictions on
the people of Tybee. Some people are using the committees as a personal agenda in order
to make you believe that the City is running out of water and that the sewer plant can not
accommodate anymore construction. Solomon stated that only 5% of the island is zoned
Commercial. Solomon said that Tybee is plusher now than it was 50 years ago and that
the City can not take away peoples rights.
Sally Keller said that because of the moratorium that the city now has a lawsuit
concerning the lack of process used in order to pass the moratorium. How many lawsuits
and how much money will this cost the citizens of Tybee. Keller stated that Tybee
residents want to be left alone. Keller said that we have Federal and State laws that we go
by concerning Shore Protection and the DNR and that we do not need any more adopted
by the City. Keller requested Council to reject all the reports from the committees stating
that we have done a good job so far.
Rachel Perkins gave Council an update on the Natural Habitat Committee. Perkins
said that people are drawn to Tybee because of its natural beauty. Perkins said that on a
personal point that she had written a memo to the City on December 10, 1998 and that
she finally got a reply about 3 month later. Perkins said that she has lived on Tybee for
about 10 years and plans to buy property and build her a home. Perkins complained about
the clear cutting of lots on Laurel Avenue and behind Arnie' s Beach store. Perkins stated
that if Council does not adopt any of the new recommendations that would the City please
just enforce the laws in the code.
Dennie McNeely said that he feels that his time was wasted serving on a committee
because members wanted to address their own personal issues. McNeely said that the
City could have a list of materials that are suitable to Tybee and a list of plants, trees and
grass that do well on Tybee to give to the homeowners and contractors.
David Minkovitz said that his family has owned property on 10th Place for over 60
years and that because of the required setbacks that they can not divide the land and build
separate homes. Minkovitz said that this is a taking of rights and that the ordinances in
place today are more restrictive that just 10 years ago.
Pam 0' Brien stated that the Master Plan is on hold because of the lack of staff. 0'
Brien said that the report shows that 68% of the people want single family resort. 0'
Brien stated that we do not want rapid development on Tybee but we need to prepare for
the economic development.
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Ruth Hoopes representing her daughter and son -in -law who own property on Atlantic
a townhouse stated that if anything should happen to their home that they would not be
able to build anything more than a shed.
Shirley Sessions said that she was distressed about the letter residents received in the
mail but that she has been keeping up with the committees and their reports and that we
should continue the education process so people will understand the truth.
Alice Martin said that she got the letter yesterday in the mail and that most of the
information is accurate but there is a fear that we may add another church to the island
and that it would ruin the island.
Mayor Parker recognized former Mayor Charles J. Hosti. Hosti voiced his concerns
stating that he has read most of the reports and that the present ordinances covers most of
the issues and that the City needs to enforce what we have on the books now.
Mayor Parker opened the meeting for business legally presented. Anderson moved to
accept the March 11, 1999 minutes as presented. Hosti seconded. Vote by Council was
unanimous. Hosti moved to approve the bills for February 99. Pearce seconded. Vote
by Council was unanimous.
City Attorney Hughes explained that the time for the temporary closing of Solomon
Avenue from Moore to Campbell is about to expire and that this resolution would extend
it for another 180 days. Merves asked if there have been any complaints? Hosti said that
he has been ribbed a lot about it. Monaghan asked if the city could plant a hedge and
remove the barriers at each end? Hosti said that the dust problem is better but that the
City needs to extend Hosti Avenue and Moore out to Van Horn. In order to accomplish
this the City would have to remove a china berry tree and an oleander bush. Youmans
said that the City had closed another section of Solomon and then reopened a few months
later. Voting in favor of the resolution were Merves, Monaghan, Hosti and Pearce.
Voting against were Youmans and Anderson.
Mayor Parker said Susan Inveninato was told she needs a variance in order to remove
the tree for the addition of two bedrooms. Youmans stated that is not what she needs.
Merves said that he read the ordinance and if it is not feasible to have the addition
without removing the tree then Ms. Inveninato should be allowed to remove the tree.
Hughes said that the tree can be removed and that Ms. Inveninato can mitigate the loss of
the tree with the City. Mayor Parker asked Ms. Inveninato is she would be willing to
mitigate. Ms. Inveninato answered most definitely. Parker said that this issue will be
reviewed.
Hosti moved to adopt the Local Service Delivery Strategy resolution. Pearce
seconded. Youmans stated that he has attended some of the meetings and that we will
have to do something sooner or later. Mayor Parker said that Tybee is separate and that
this will not effect us at this time. Vote by Council was unanimous.
A letter from Ocean Plaza concerning the setbacks in the commercial district was
noted. Also a letter from Jeffrey Schroeder concerning the storage shed still in place at
the South Beach Condos. Mayor Parker said that the City has suspended any action
because of a lawsuit.
Hosti moved to accept the contract for Water Quality Planning from MPC for
discussion. Pearce seconded. Assistant City Manager Fripp explained that this is
mandatory and that it is much cheaper for Tybee and the other municipalities to adopt this
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contract. The fee is $5,000. per year for NPDES permit renewal application for two years
and $3,500. to $4,000. for stormwater testing. John Hutton said that if Tybee tried to do
this testing and reporting on its own that years ago it was estimated to cost between $12
to $15 thousand dollars. Voting in favor of adopting the MPC contract were Merves,
Monaghan, Anderson, Hosti and Pearce. Youmans voted against.
Hosti moved to approve the Nations Bank Collateral Security Agreement.
Monaghan seconded. Vote by Council was unanimous.
Farmer explained the SPLOST Beach Renourishment issues stating that it will be
reviewed at the Commission meeting tomorrow morning because of the fine print in the
referendum. Merves asked if Farmer planned to attend the meeting. Farmer answered
that the County has all the information that he has and he does not plan to attend but will
if you want me to. Merves said that it would be in the best interest if Farmer attended the
meeting. Youmans said that the only way Chatham can give us the money is to loan the
City the funds. Youmans reminded Council that the first $500,000 received from the
SPLOST goes to pay off the water storage tank on 2nd Street.
Mayor Parker requested that Farmer oversee the conceptual review. Farmer said that
the engineers have reviewed the tap in fees for water & sewer and that the 1St draft came
today. At the next Council meeting there will be an ordinance for Council consideration.
Cullen Chambers, chair of the Historical Preservation Committee, gave a report stating
that he had checked with about 80 cities that have an ordinance. Chambers said that he is
proud of what the committee has accomplished. Chamber said that he feels that the
document is very workable. A workshop is scheduled for April 1st at 7 P.M. in City Hall.
Merves asked if a property owner has a house 50 years old or older will they be allowed
to tear it down and rebuild something new. Chambers answered yes, but there would be a
45 -day process to review and offer alternatives. Youmans said that he is over 50 years
old but that he is not historic. Hosti said that in order to get on the Historic Register the
structure must be at least 50 years old.
John Hutton, Chairman of the Land Development Code Review Committee, was the
next speaker. He said there were 28 volunteer members who met 5 times and there was
over 90% attendance at each meeting. He said the committee was charged by City
Council to look at these issues: green space, excessive density, and setbacks in the
commercial districts. He remarked that most of these issues are addressed in the
ordinances already, and the suggested chart just puts them in one place for convenience
and to promote quick and accurate interpretation. He said that most of the island is
residential and building area was not lessened there. What the committee suggests is that
half of the property that is taken up in setbacks be devoted to green space, which most
people do anyway.
He said the committee believes that the commercial area zero setbacks are fine for
storefronts. The problem as the committee sees it is that the commercial area is being
filled in with residential uses, and the residential users are allowed to build to zero
setbacks, too. He said that the committee recommends that commercial businesses
devote 10% for green space — it could be like Earl' s Grill, with a garden in the rear, it
could be greenery in pots on a patio, or however the owner wished, so long as 10% was
reserved for green space. If commercial uses abut residential uses, whoever builds last
should be required to build a fence and a 10 -foot buffer.
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Dee Anderson asked about the designation of hotel/motel as residential and John
Hutton answered that the definition hinged on staying overnight. Ed questioned how the
percentage of green space for residential was determined, and John Hutton answered that
structures are allowed on 40 to 60 percent per lot now, so with 35% there is no taking.
He added that 90% of the people will put in grass and trees anyhow, but once in a while
you see a lot completely paved over, and laws are made for the 10% who don' t conform
willingly.
Ed Merves asked if planting a tree is required where there are no trees on a lot.
John Hutton answered that there is a requirement that one canopy tree, or three native
trees (palms, myrtles, cedars, bays, or similar trees) be planted. Jack wanted to know why
pines were added to significant trees. John answered that the committee tried to follow
the directives of City Council.
Stan Hedgcorth a member of the Architectural Review committee gave the report
because the chair, Penn Myrick, could not be present. Hedgcorth said that there has been
a lot of misinformation concerning the reports from this committee. The Architectural
Review committee has no intention of telling you what color to paint your house and no
interest in all in single - family construction. The major concern is for the Commercial
districts. Hedgcorth said to eliminate the committee suggestion in Section 3240
concerning roof pitch. The committee is asking that developers use common sense, that
they do not want to limit progress. Merves asked Hughes if the City can restrict in the
commercial zones legally. Hughes answered in absence of a historic preservation
ordinance, covenants, etc. in his opinion it can not be done legally. Hedgcorth said that
the committee is not a restrictive board. Merves said it is only an advisory committee.
Hedgcorth said that the changes made to the design of the DeSoto were made because of
recommendations from the committee. Youmans said shouldn' t the proposed ordinance
state this applies to only in commercial zones. Hedgcorth said he has no problem with
that suggestion.
Hosti stated that the architectural committee is only there as an advisory board and has
no power. Youmans said that the committee is not a legally adopted board by Council.
Harry Spirides, owner of the Ocean Plaza, asked if hotels are not commercial then why
are they paying hotel/motel taxes to the City each month. Mayor Parker asked what
setback requirement did you use to compute land loss? Spirides answered he thinks it
was 20 feet. Youmans said that the fire department feels it is a lot safer to have fire walls
then spaces between commercial buildings. Parker asked Spirides if he had said that he
would settle for 10 feet setbacks. Spirides answered he believes he said that he would
rather have 10 feet than 20 feet but suggests 8 feet, 6 feet and 5 feet. Anderson said that
if a hotel is a residence then do not make them purchase a business license. Merves said
that it is a benefit that commercial brings to the City so they get special zero lot lines for
construction. Merves said that when a residence is built in the C -1 zones that they should
be made to use setbacks, the same as other residential construction in the City. Youmans
said that in the past 35 years there have been no new commercial buildings built south of
16th street. Youmans said that the condos along the Strand have raised the property value
from the little that the Cobbs Apartment were paying to between 3 & 7 million dollars.
Mayor Parker asked if Spirides is suggesting separating hotel/motel from the condos?
Spirides answered yes, the uses are different. Spirides said that the poster on the north
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wall with all the old pictures of Tybee is beautiful, but if he wanted to rebuild the Old
Tybee Hotel that it would not be possible because of the 35 foot height restriction in the
ordinances.
Farmer informed Council that the information at the last Council meeting concerning
the BellSouth offer to paint the water tower was false and that the City will have to pay if
anything is painted on the tower.
Anderson asked when will Campbell Avenue be repaired from where Paderewski
tapped into the sewer and water lines? Mayor Parker said as soon as possible.
City Attorney Hughes explained the resolution on the agenda concerning the land
swap with Marlin Inc. (Paderewski) stating that the name has been changed from Marlin,
Inc. Anderson moved to adopt the resolution. Monaghan seconded. Vote by Council
was unanimous.
Hughes presented Council with Section 2 -1 -11 Regular and special meetings on its
first reading stating that the reason behind this is item being placed on the agenda because
of confusion on the public hearing notice not being published in the newspaper. Pearce
moved to adopt Section 2 -1 -11 on its first reading. Youmans seconded saying that it
should state for emergency reason only someplace in the ordinance. Vote by Council was
unanimous.
Mayor Parker called for a 5- minute break at 9:13 P.M.
The question of the street cut in Campbell came before Council again. Hughes stated
that the extension of the water and the sewer lines need to be complete before the street is
paved. Christopher Solomon said that he had to cut Campbell years ago to connect a new
home and that he had to pour 1 foot to 18 inches of cement the day of connection and
then have the street fully paved with in 48 hours. And that this was in the ordinance.
Youmans said that if we don' t have anything like that then we need to have something on
record. Merves asked if residents in the C -1 district can rebuild if a fire or storm destroy
their home. Hosti answered that if they apply within 6 months they can build back in the
footprints of the structure. Hughes said that is in the present ordinance, but building
residential in the commercial is in the new proposal. Hutton said that Council could
extend the 6 -month time limit in unusual circumstances. Solomon asked why are the
setback requirements being ignored in the C -2 district? Solomon said that they need to be
addressed and corrected from the 95 ordinance change that was not advertised nor were
notices sent to property owners. Hutton said that he can not comment on C -2 as the
committee was trying to find ways to improve green space. Mayor Parker said that in 95
there were 6 public forums on the proposed ordinance changes plus it was advertised in
the newspaper according to State law.
Kathleen Brown addressed Council on the issue of the invocation at the beginning of
the meeting stating that we should pray to the Supreme Being who created the universe,
as there are many different religions in the world.
Kathryn Williams said that over and over we have heard that a large part of our
problem is enforcement and when does the City plan to correct that problem? Farmer
said that we are adding 1 more person in that department, check lists are being created so
that nothing is overlooked, the new Planning Commission is very strict about the
ordinances being followed to the letter of the law. Farmer said that there is a new
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awareness because of the moratorium. Youmans said that we better hire two people and
put one on the street everyday where we really need them.
Pearce moved to hold a Special Council meeting on April 19th at 7:30 P.M. at the
City Hall for the Public Hearings on all zoning matters that would have been heard at
the April 8th meeting. Hosti seconded. Vote by Council was unanimous.
Hughes asked that Council not rush through any of the ordinances for the sake of
adopting something.
Pearce moved to give the authority to Mayor Parker to sign the beach erosion
control agreement with the CORPS if Hughes and Eric Olsen say it is o.k. to do so
on April 5, 1999. Merves seconded. Vote by Council was unanimous.
Youmans moved to go into executive session to discuss litigation against the City.
Anderson seconded. Vote by Council was unanimous.
Mayor Parker reconvened the regular meeting and Council indicated that it would not
be holding a public hearing on any extension of the building moratorium that is due to
expire on April 22, 1999. As there was no further business to come before Council the
meeting was adjourned.
Mayor Walter W. Parker
Clerk of Council, jrb
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Bills for the Month of February 99
General Government
Administration 40,159.91
Inspection 8,909.51
Special Appropriation 104,705.28 (97,012.50 — In & Out Lighthouse Grant)
Police 84,216.91
Fire 5,297.44
Public Works 71,941.00
Sanitation 36,496.18
Recreation 3,813.36
Parking 16,330.82
Total of General Fund Expenditures 371,870.41
Water Sewer 235,803.14
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Fund Three
Beach Renourishment 7,330.26
MAR. 19 99 (FRI) 12:36 KARSMAN, BROOKS & CALLAWAY. P. C. 912 238 2767 PAGE. 2/2
RJ8OLUTXOM
WHEREAS, by Resolution dated the ai i day of f-1 11i9 u$ /
1998, the Mayor and Council of the City of Tybes Island closed for
purposes of through traffio a portion of Solomon Avenue for a
period of 180 days; and
WHEREAS, it is the desire of the Mayor and Council to extend
the closing of Solomon Avenue from Moore Avenue to Campbell Street
and to maintain appropriate temporary barricades for an additional
180 days;
NOW, THEREFORE, be it resolved by the Mayor and Council of the
City of Tybee Island duly assembled that for a period of 180 days
from the effective date hereof and for such further periods as
Council might approve within such period, Solomon Avenue shall be
closed to through traffic from Moore Avenue to Campbell Street and
appropriate temporary barricades shall be maintained in order to
implement and maintain the closure. Council at any time reserves
the right to review this closure and to extend, reduce or eliminate
its terms. -p—
ADOPTED this o day of L 1l�U lC , 1999.
ATTEST;
WALTER W. PARKER, MAYOR
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RESOLUTION
WHEREAS, each Georgia county and municipality must execute
an agreement for implementation of a local service delivery
strategy (O.C.G.A. 36- 70 -21); and
WHEREAS, approval of the strategy shall be accomplished by
adoption of a resolution by the county governing authority
of municipalities (O.C.G.A. 36- 70 -25); and
WHEREAS, each county shall file the agreement for
implementation of the strategy with the Department of
Community Affairs (O.C.G.A. 36- 70 -26) ; and
WHEREAS, the City of Tybee Island herewith informs the
Georgia Department of Community Affairs that the following
action was taken on March 25, 1999.
THEREFORE BE IT RESOLVED THAT the City of Tybee Island
hereby adopts for submittal to the Georgia Department of
Community Affairs the Service Delivery Strategy for Chatham
County, Georgia, dated March, 1999.
Adopted this 25th day of March 1999.
Mayor Walter W. Parker
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COLLATERAL SECURITY AGREEMENT
This COLLATERAL SECURITY AGREEMENT is made and entered into on the date
last herein written by and between the CITY OF TYBEE ISLAND, hereinafter called
"Depositor ", and NationsBank N.A., a national banking association, organized under the
the United States and authorized by law to do banking business in the state of
GEORGIA , hereinafter called "Bank ".
Background
Depositor, through action of its governing Board, has designated Bank as a depository for
funds of the Depositor. During the term of this Collateral Security Agreement, the
Depositor will, through appropriate action of its governing Board, designate the officer,
or officers, who singly or jointly will be authorized to represent and act on behalf of the
Depositor in any and all matters of every kind arising under the Collateral Security
Agreement. Bank's Deposit Agreement is incorporated herein for all purposes; however,
to the extent that any provision therein conflicts with any provision herein, this Collateral
Security Agreement will control. All funds on deposit with Bank to the credit of the
Depositor are required to be secured by collateral as provided for in the state statutes:
50- 17 -59, 45 -8 -12 said state law is hereinafter referred to as the "Public Funds law."
To perfect the security interest of the Depositor in the collateral pledged by the Bank, the
FEDERAL RESERVE BANK ATLANTA GEORGIA will hold the Collateral in a
custody account for the benefit of the Depositor. The said custodian is hereafter referred
to as "Trustee."
NOW, THEREFORE, in consideration of the foregoing, and for other
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed
as follows:
I.
Bank hereby pledges to Depositor, and grants to Depositor a security interest in, those
assets owned by Bank and held by Trustee for the benefit of Depositor, in accordance
with the terms of this Collateral Security Agreement (hereinafter, the "Collateral"), to
secure the deposits held by Bank for Depositor as required by the Public Funds law.
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II.
The total market value of the collateral (which includes accrued interest or income to the
extent it is not included in the market price) securing such deposits will be in an amount
at least equal to the amount of such deposits plus the amount of any accrued interest
thereon and less the amount that such deposits are insured by . an agency or
instrumentality of the United States Government. The market value with respect to any
securities (collateral) as of any date and priced on such date will be obtained from a
primary dealer. The Bank provides a monthly collateral report at no charge. The report
includes the market value and description of each security pledged as of the last business
day of the month. When additional collateral is required to cover incremental deposits,
BANK must receive the request for collateral prior to 10:30 a.m. central time or 11:30
a.m. eastern time on the day the deposits are actually received. Twenty -four hours notice
is necessary on incremental deposits in excess of $3 million. The depositor will be
notified via facsimile on the day that a pledge or release transaction is requested.
III.
Bank has heretofore or will immediately hereafter deliver to Trustee Collateral of the
kind and character permitted by the Public Funds law of sufficient amount and market
value to provide adequate Collateral for the funds of Depositor deposited with Bank.
Said Collateral or substitute collateral, as hereinafter provided for, shall be kept and
retained by Trustee in trust so long as the depository relationship between Depositor and
Bank shall exist hereunder, and thereafter so long as deposits made by Depositor with
Bank hereunder, or any portion thereof, shall have been properly paid out by Bank to
Depositor or on its order.
IV.
Bank shall cause Trustee to accept said Collateral and hold the same in trust for the
purpose herein stated.
V.
Should Bank fail at any time to pay and satisfy, when due, any check, draft, or voucher
lawfully drawn against any deposit, or in case Bank becomes insolvent or in any manner
breaches its contract with Depositor, Depositor shall give written notice of such failure,
insolvency or breach to Bank, and Bank shall have ten days to cure such failure,
insolvency or breach. In the event Bank shall fail to cure such failure, insolvency or
breach within ten days, it shall be the duty of Trustee, upon demand of Depositor
(supported by proper evidence of any of the above - listed circumstances), to surrender the
above - described Collateral to the Depositor. Depositor may sell all or any part of such
Collateral and out of the proceeds thereof pay Depositor all damages and losses sustained
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by it, together with all expenses of any and every kind incurred by it on account of such
failure or insolvency, or sale, accounting to Bank for the remainder, if any, of said
proceeds or Collateral remaining unsold.
VI.
Any sale of such Collateral, or any part thereof, made by Depositor hereunder may be
either at public or private sale; provided, however, it shall give to both Depositor and
Bank ten days notice of the time and place where such sale shall take place, and such sale
shall be to the highest bidder therefor for cash. Depositor and Bank shall have the right to
bid at such sale.
VII.
If Bank shall desire to sell or otherwise dispose of any one or more of said securities so
deposited with Trustee, it may substitute for any one or more of such securities other
securities of the same market value and of the character authorized herein. Such right of
substitution shall remain in full force and may be exercised by Bank as often as it may
desire; provided, however, that the aggregate market value of all collateral pledged
hereunder, shall be at least equal to the amount of collateral required hereunder. If at any
time, the aggregate market value of such Collateral so deposited with Trustee be less than
the total sum of the Depositor's funds on deposit with said Bank, Bank shall, upon request
of Depositor, immediately deposit with Trustee such additional Collateral as may be
necessary to cause the market value of such Collateral to equal the total amount of
required Collateral. Bank shall be entitled to income on securities held by Trustee, and
Trustee may dispose of such income as directed by Bank without approval of Depositor.
VIII.
Bank shall cause Trustee to promptly forward to Depositor copies of safekeeping or trust
receipts covering all such Collateral held for Bank, including substitute Collateral as
provided for herein.
IX.
If at any time the Collateral in the hands of Trustee shall have a market value in excess of
the sum of balances due Depositor by Bank, the Depositor shall authorize the withdrawal
of a specified amount of collateral and Trustee may deliver this amount of Collateral (and
no more) to Bank, taking its receipt therefor, and Trustee shall have no further liability
for collateral so redelivered to Bank.
X.
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Either Depositor or Bank shall have the right to terminate this Agreement by advance
written notice to the other of its election to do so, and this Agreement shall be void from
and after the expiration of sixty days after the receipt of such notice, provided all
provisions of this agreement have been fulfilled. The Bank will automatically terminate
This Ageeement when a Depositor has not required collateral coverage for one year. The
Depositor will be notified of this termination at the following address:
P 0 BOX 2749
TYBEE ISLAND, Georgia 31328 -2749
XI.
When the relationship of Depositor and Bank shall have ceased to exist between
Depositor and Bank, and when Bank shall have properly paid out all deposits of
Depositor, it shall be the duty of Depositor to give Trustee written notice to that effect;
whereupon Trustee shall, with the approval of Depositor, redeliver to Bank all Collateral
then in its possession belonging to Bank, taking its receipt therefor.
Executed the 25th day of March
undersigned duly authorized officers of the parties hereto.
FOR DEPOSITORY BANK:
(Signature)
FOR DEPOSITOR:
Signature)
Phone: (912) 786 -4573
Fax: (912) 786 -5737
, 19 99 by the
Vice President
(Title)
Mayor
(Title)
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RESOLUTION
WHEREAS, the City of Tybee Island, Georgia (the "City "), owns
certain real property located at Maple Street, Tybee Island, Georgia;
and
WHEREAS, the City has agreed to swap the aforesaid real property
for certain real property owned by Marlin Development Company in the
City of Tybee Island, Georgia, located at Pine Street and Campbell
Avenue; and
WHEREAS, the Mayor and Council has previously approved the
appraisals for each of such properties; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City
of Tybee Island, Georgia, that the Mayor is hereby authorized and
directed to execute a deed to the property hereinafter described in
order to swap the same for the property of Marlin Development Company.
The property to be conveyed by Quitclaim Deed is described as follows:
ALL that certain lot, tract, or parcel of land situate, lying
and being in the State of Georgia, County of Chatham, City of
Tybee Island, being an unopened right -of -way containing 0.17
acres, more or less, in Fort Ward described as follows:
BEGINNING at a rebar on the northwestern right -of -way line of
Maple Street at its intersection with the northeastern
boundary line of Lot 56, Fort Ward, and running thence North
34° 35' 49" West a distance of 195.05 feet to a rebar on the
southwestern right -of -way line of Lot 48, Campbell
Subdivision, Fort Ward; running thence South 63° 56' 56" East
a distance of 102.01 feet to a rebar; running thence South 34°
35' 49" East a distance of 106.23 feet to a rebar on the
northwestern right -of -way line of Maple Street; and running
thence along said right -of -way line South 55° 30' 25" East a
distance of 50.00 feet to the POINT OF BEGINNING; said
property being bounded on the Northeast by Lots 47, 48, and
part of 46, Campbell Subdivision, Fort Ward; on the East by
an undesignated parcel of land; on the Southeast by Maple
Street; and on the Southwest by Lots 56 through 59, Fort Ward;
all of which will appear on that certain map or plat prepared
by J. Whitley Reynolds, Georgia Registered Land Surveyor
Number 2249, dated October 7, 1998 and recorded in Plat Record
Book 16P, Page 25 of the records of the Office of the Clerk of
Superior Court of Chatham County, Georgia to which express
reference is hereby made for a more particular description.
BE IT FURTHER RESOLVED, that the City is hereby authorized to
accept a deed from Marlin Development Company for the following
described real property:
ALL that certain lot, tract, or parcel of land situate, lying
and being in the State of Georgia, County of Chatham, City of
Tybee Island, being a portion of Lot Number 48, containing .17
acres, more or less, in Fort Ward, described as follows:
BEGINNING at a point where the southeastern right -of -way line
of Campbell Avenue intersects with the southwestern boundary
line of Lot 55, Campbell Subdivision, Fort Ward; and running
thence along said boundary line South 63° 53' 04" East a
distance of 189.39 feet to an iron pin on the southwestern
boundary line of Lot 52, Campbell Subdivision, Fort Ward;
running thence South 55° 30' 25" West a distance of 91.23 feet
to a rebar on the northeastern right -of -way line of Pine
Street (unopened); and running thence along said right -of -way
line North 35° 05' 16" West a distance of 165.02 feet to the
POINT OF BEGINNING; said property bounded on the Northeast by
Lots 52 through 55, Campbell Subdivision, Fort Ward; on the
Southeast by the remaining portion of Lot 48, Fort Ward; and
on the Southwest by Pine Street (unopened); all of which will
appear on that certain map or plat prepared by J. Whitley
Reynolds, Georgia Registered Land Surveyor Number 2249, dated
October 7, 1998 and recorded in Plat Record Book 16P, Page 25
of the records of the Office of the Clerk of Superior Court of
Chatham County, Georgia to which express reference is hereby
made for a more particular description.
BE IT FURTHER RESOLVED, that the Clerk of Counsel for the City of
Tybee Island is hereby authorized and directed to attest the Mayor's
signature on all appropriate documents and to affix the corporate seal
of said municipality thereon.
Adopted this // day of A
ATTESTED
, 1999.
ayor Walter W. Parker
J`. c• lyrt R. Brown
er of Council