STATE OF GEORGIA COUNTY OF BULLOCH THE BULLOCH

STATE OF GEORGIA
COUNTY OF BULLOCH
THE BULLOCH COUNTY BOARD OF COMMISSIONERS
RESOLUTION #- - - WHEREAS, the Bulloch County Board of Commissioners have had this resolution submitted
before them; and
WHEREAS, pursuant to a project undertaken and funded by the Georgia Department of
Transportation, a portion of County Road No.9, also known as Akins Pond Road, has been
relocated to change the point of said road's intersection with U.S. Highways 25 and 80; and
WHEREAS, County Road No.9, also known as Akins Pond Road, continues to be used by the
public and serves a substantial public purpose; and
WHEREAS, the Bulloch County Board of Commissioners have determined that because of the
relocation project a portion of County Road No.9, also known as Akins Pond Road, is no longer
needed for public road purposes and should be disposed of, said portion being more particularly
described as parcels lA, 1B, 2A and 2B in the legal description attached hereto as exhibit "A"
and the plat of survey attached hereto as exhibit "B"; and
WHEREAS, since a portion of County Road No.9, also known as Akins Pond Road, has been
relocated and the road continues to be used by the public and serves a substantial public purpose,
the abandonment procedures in O.C.G.A. § 32-7-2 are inapplicable to the disposition of the
property (Miller v. Lanier County, 243 Ga. 58 (1979); Edmund v. Odum, 245 Ga. 358 (1980));
and
WHEREAS, pursuant to O.C.G.A. § 32-7-3, the Bulloch County Board of Commissioners have
the authority to dispose of property no longer needed for public road purposes in accordance
with the procedures in O.C.G.A. § 32-7-4; and
WHEREAS, Donald P. Nesmith and Lamar O. Reddick are the current owners ofland abutting
parcels 1A and 1B, and Scott Joyner is the current owner ofland abutting parcels 2A and 2B;
and
WHEREAS, pursuant to O.C.G.A. § 32-7-4, said owners have the right to acquire the parcels
abutting their land for the market value of said parcels; and
WHEREAS, the market value of parcels 1A and 1B, consisting of a total of 0.628 acre, has been
determined to be $1,011.00 after adjustments for size, shape, restrictions, and overall utility; and
WHEREAS, the market value of parcels 2A and 2B, consisting of a total of 0.11 0 acre, has been
determined to be $177.00 after adjustments for size, shape, restrictions, and overall utility; and
WHEREAS, the Bulloch County Board of Commissioners constitute the governing authority of
Bulloch County, Georgia; and
WHEREAS, the Bulloch County Board of Commissioners have determined, out of public
necessity and for the good of the citizens of Bulloch County, that the proposed action is needed;
NOW THEREFORE, BE IT RESOLVED that the Bulloch County Board of Commissioners
hereby authorizes and approves the conveyance of Bulloch County' s entire interest in parcels lA
and IB to Donald P. Nesmith and Lamar O. Reddick in consideration for the sum of$I,011.00,
and the Chairman of the Board of Commissoners is hereby authorized to execute a quitclaim
deed conveying said interest in exchange for said consideration; and
BE IT FURTHER RESOLVED, that the Bulloch County Board of Commissioners hereby
authorizes and approves the conveyance of Bulloch County's entire interest in parcels 2A and 2B
to Scott Joyner in consideration for the sum of $177.00, and the Chairman of the Board of
Commissioners is hereby authorized to execute a quitclaim deed conveying said interest in
exchange for said consideration.
SO BE IT RESOLVED this 21 st day of December, 2004.
RECORD OF ACTION TAKEN
CERTIFICATE OF RESOLUTION
The undersigned hereby certifies that I am the Chairman of the Board of
Commissioners for Bulloch County, Georgia; that the attached hereto is a true
copy of the Resolution duly adopted by the governing body of the County, at a
meeting duly held in compliance with Georgia's Open Meetings Act on the2..LJh
day of Pe L
20!iat the Bulloch County Annex at which a quorum was
present and acting throughou and that it has not been rescinded or modified
and is now of ull f
ect.
The undersigned hereby certifies that I am the Clerk for Bulloch County, Georgia
(the "County"); that the attached hereto is a true copy of the Resolution duly
adopted by the governing body of the County, at a meeting duly held in
compliance with Georgia's Open Meetings Act on the.?/ th day of t:I:&..: 200c/at
the Bulloch County Annex at which a quorum was present and acting throughout,
and that it has not been rescinded or modified and is now of full force and effect.
EV~SO~ :dt;i;:;
GIVEN under the seal of the County, this.21.th day of J() ~
(SEAL)
20q
EXHIBIT "A" - LEGAL DESCRIPTION
PARCEL lA:
All that certain tract or parcel of land lying and being in the 1209th G.M. District of
Bulloch County, Georgia, containing 0.607 acre and designated as ParcellA according to
a plat of survey dated December 1, 2004 prepared by Lamar O. Reddick & Associates,
Inc., registered land surveyors, for Donald P. Nesmith and Lamar O. Reddick and
recorded in Plat Book _ _ , Page _ _, Bulloch County Records. Said tract or parcel
is more particularly described as commencing at Geodetic Monument BV -016-210;
thence proceeding South 43 degrees 08 minutes 21 seconds East a distance of 169.44 feet
to a rebar found on the Northeastern right-of-way of U.S. Highways 25 and 80, being the
POINT OF BEGINNING; thence proceeding North 43 degrees 08 minutes 21 seconds
West along the Northeastern right-of-way of U.S. Highways 25 and 80 a distance of
68.17 feet to a point on the Northeastern right-of-way of U.S. Highways 25 and 80;
thence proceeding counterclockwise along the arc of a curve having a radius of 113.72
feet, which subtends a chord of North 14 degrees 07 minutes 15 seconds West a distance
of98.29 feet to a point; thence proceeding North 36 degrees 05 minutes 20 seconds West
a distance of 39.70 feet to a point; thence proceeding North 37 degrees 22 minutes 09
seconds West a distance of 37.02 feet to a point; thence proceeding clockwise along the
arc of a curve having a radius of 403.47 feet, which subtends a chord of North 33 degrees
40 minutes 23 seconds West a distance of 33.68 feet to a point; thence proceeding
clockwise along the arc of a curve having a radius of 403.47 feet, which subtends a chord
of North 29 degrees 37 minutes 17 seconds West a distance of 23.37 feet to a rebar set;
thence proceeding North 10 degrees 53 minutes 58 seconds West a distance of 233.78
feet to a P.K. nail set; thence proceeding North 77 degrees 31 minutes 11 seconds East a
distance of 37.50 feet to a rebar set; thence proceeding South 12 degrees 28 minutes 49
seconds East a distance of 48.42 feet to a rebar found; thence proceeding South 13
degrees 38 minutes 31 seconds East a distance of 72.89 feet to a rebar found; thence
proceeding counterclockwise along the arc of a curve having a radius of 343.45
feet,which subtends a chord of South 17 degrees 46 minutes 49 seconds East a distance of
72.87 feet to a rebar found; thence proceeding counterclockwise along the arc of a curve
having a radius of343.45 feet, which subtends a chord of South 29 degrees 57 minutes 53
seconds East a distance of 72.93 feet to a rebar found; thence proceeding South 37
degrees 22 minutes 09 seconds East a distance of 36.32 feet to a rebar found; thence
proceeding South 36 degrees 05 minutes 20 seconds East a distance of 36.56 feet to a
rebar found; thence proceeding clockwise along the arc of a curve having a radius of
173.84 feet, which subtends a chord of South 24 degrees 14 minutes 39 seconds East a
distance of 92.80 feet to a rebar found ; thence proceeding clockwise along the arc of a
curve having a radius of 173.84 feet, which subtends a chord of South 07 degrees 55
minutes 15 seconds West a distance of 99.82 feet to a rebar found on the Northeastern
right-of-way of U.S. Highways 25 and 80, being the POINT OF BEGINNING.
The aforesaid plat and the description thereon are by reference incorporated herein and
made a part hereof.
PARCEL IB:
All that certain tract or parcel of land lying and being in the l209 th G.M. District of
Bulloch County, Georgia, containing 0.021 acre and designated as ParcellB according to
a plat of survey dated December 1, 2004 prepared by Lamar O. Reddick & Associates,
Inc., registered land surveyors, for Donald P. Nesmith and Lamar O. Reddick and
recorded in Plat Book __, Page __, Bulloch County Records. Said tract or parcel is
more particularly described as commencing at Geodetic Monument BV-OI6-21O; thence
proceeding South 43 degrees 08 minutes 21 seconds East a distance of 169.44 feet to a
rebar found on the Northeastem right-of-way of U.S. Highways 25 and 80; thence
proceeding North 43 degrees 08 minutes 21 seconds West along the Northeastem rightof-way of U.S. Highways 25 and 80 a distance of 165.57 feet to a point on the
Northeastem right-of-way of U.S. Highways 25 and 80, being the POINT OF
BEGINNING; thence proceeding North 10 degrees 53 minutes 58 seconds West a
distance of 115.87 feet to a point; thence proceeding counterclockwise along the arc of a
curve having a radius of 403.47 feet, which subtends a chord of North 29 degrees 37
minutes 17 seconds West a distance of 23.37 feet to a rebar set; thence proceeding South
10 degrees 53 minutes 58 seconds East a distance of 126.11 feet to a rebar set on the
Northeastem right-of-way of U.S. Highways 25 and 80; thence proceeding South 43
degrees 08 minutes 21 seconds East along the Northeastem right-of-way of U.S.
Highways 25 and 80 a distance of 14.06 feet to a point on the Northeastem right-of-way
of U.S. Highways 25 and 80, being the POINT OF BEGINNING.
The aforesaid plat and the description thereon are by reference incorporated herein and
made a part hereof.
PARCEL2A:
All that certain tract or parcel of land lying and being in the l209 th G.M. District of
Bulloch County, Georgia, containing 0.087 acre and designated as Parcel 2A according to
a plat of survey dated December 1, 2004 prepared by Lamar O. Reddick & Associates,
Inc., registered land surveyors, for Scott Joyner and recorded in Plat Book __, Page
__, Bulloch County Records. Said tract or parcel is more particularly described as
commencing at Geodetic Monument BV-OI6-210; thence proceeding South 43 degrees
08 minutes 21 seconds East a distance of 169.44 feet to a rebar found on the Northeastern
right-of-way of U.S. Highways 25 and 80; thence proceeding North 43 degrees 08
minutes 21 seconds West along the Northeastem right-of-way of U.S. Highways 25 and
80 a distance of 179.63 feet to a rebar set on the Northeastern right-of-way of U.S.
Highways 25 and 80; thence proceeding North 10 degrees 53 minutes 58 seconds West a
distance of 126.11 feet to a rebar set, being the POINT OF BEGINNING; thence
proceeding North 10 degrees 53 minutes 58 seconds West a distance of 233.78 feet to a
P .K. nail set; thence proceeding South 77 degrees 31 minutes 11 seconds West a distance
of 22.50 feet to a rebar set; thence proceeding South 12 degrees 28 minutes 49 seconds
East a distance of 49.03 feet to a rebar set; thence proceeding South 13 degrees 38
minutes 31 seconds East a distance of 71.46 feet to a rebar set; thence proceeding
counterclockwise along the arc of a curve having a radius of 403.47 feet, which subtends
a chord of South 17 degrees 50 minutes 06 seconds East a distance of 86.29 feet to a
point; thence proceeding counterclockwise along the arc of a curve having a radius of
403.47 feet, which subtends a chord of South 25 degrees 58 minutes 04 seconds East a
distance of28.08 feet to a rebar set, being the POINT OF BEGINNING.
The aforesaid plat and the description thereon are by reference incorporated herein and
made a part hereof.
PARCEL2B:
All that certain tract or parcel of land lying and being in the 1209th G.M. District of
Bulloch County, Georgia, containing 0.023 acre and designated as Parcel 2B according to
a plat of survey dated December 1, 2004 prepared by Lamar O. Reddick & Associates,
Inc., registered land surveyors, for Scott Joyner and recorded in Plat Book __, Page
__, Bulloch County Records. Said tract or parcel is more particularly described as
commencing at Geodetic Monument BV-016-210; thence proceeding South 43 degrees
08 minutes 21 seconds East a distance of 169.44 feet to a rebar found on the Northeastern
right-of-way of U.S. Highways 25 and 80; thence proceeding North 43 degrees 08
minutes 21 seconds West along the Northeastern right-of-way of U.S. Highways 25 and
80 a distance of 179.63 feet to a rebar set on the Northeastern right-of-way of U.S.
Highways 25 and 80, being the POINT OF BEGINNING; thence proceeding North 10
degrees 53 minutes 58 seconds West a distance of 126.11 feet to a rebar set; thence
proceeding counterclockwise along the arc of a curve having a radius of 403.47 feet,
which subtends a chord of North 25 degrees 58 minutes 04 seconds West a distance of
28.08 feet to a point; thence proceeding South 10 degrees 49 minutes 07 seconds East a
distance of 141.33 feet to a rebar found on the Northeastern right-of-way of U.S.
Highways 25 and 80; thence proceeding South 43 degrees 08 minutes 21 seconds East
along the Northeastern right-of-way of U.S. Highways 25 and 80 a distance of 14.06 feet
to a rebar set on the Northeastern right-of-way of U.S. Highways 25 and 80, being the
POINT OF BEGINNING.
The aforesaid plat and the description thereon are by reference incorporated herein and
made a part hereof.
LOT 131
HUNTERS POINTE
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0
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0.607 ACRE
LEGEND
"-
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RBS = REBAR SET
RBF = REBAR FOUND
PKNS = P.K. NAIL SET
CMF
CONCRETE MONUMENT FOUND
=
"-
~~:E:PARCELS
~
CREATED BY THIS SURVEY
(IF CONSIDERED ALONE) VIOLATE CURRENT
ZONING REGULATIONS. THEREFORE THESE PARCELS
MAY ONLY BE TRANSFERRED TO, AND USED IN
CONJUNCTION WITH ADJOINING PROPERTIES .
C'~
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1V('
PLAT REFERENCES
PLAT FOR DONALD P. NESMITH & LAMAR O. REDDICK
BY LAMAR O. REDDICK & ASSOCIATES
DATED SEPTEMBER 30, 1996
"-
PLAT BK. 21, PG. 81
PLAT BK. 37. PG. 16
BV-016-210
RBF
EXPLANATION OF ORIGINAL RIGHT -OF -WAY OF AKINS POND ROAD .
\ .~
THE ORIGINAL RIGHT -OF -WAY OF AKINS POND WAS ACQUIRED AS PER R/W
PLANS BUT WITHOUT MONUMENTATION . CORNERS ON THE ORIGINAL R/W OF
AKINS POND RD . WERE FOUND &/OR SET 30' FROM THE CENTERLINE OF PAVEMENT.
FOUR PARCELS CONTAINING A TOTAL OF 0.738 ACRE
1209TH G.M.D., BULLOCH COUNTY, GEORGIA.
SURVEY OF
1A & 1B DONALD P. NESMITH (628
& LAMAR O. REDDICK .
2A & 28
SURVEY FOR
SCOTT JOYNER
PRECISION DATA
E.O.C.
1
FIELD
ERROR PER ANGLE
ADJ. METHOD
E.O.C.
DATE:
PLAT
I
I
155350
STEEL TAPE
MAG. LOCATOR
TOTAL STATION
00'00 '01 "
6901 7
TO
(.110 ACRE TOTAL)
FIELD EQUIPMENT
LEAST SQUARES
1
ACRE TOTAL)
1
I
21 7316
DECEMBER 1, 2004
FIELD SURVEY COMPLETED 12 -0 1 - 2004
SCALE:
1"
=
I..
50'
0~~~~50~~~~~100
....
I
I
SCALE IN FEET
FILE NO.
1,2-04-193
SO
LAMAR O. REDDICK & ASSOCIATES, INC.
.
LAND SURVEYORS
12 B EAST GRADY STREET
STATESBORO, GEORGIA
912-764-4214
FILES: C:\SU\DATA\R\REDNE12 .CRD & CADFILES\REDNEAPR.DWG
MEMBER
BULLOCH COUNTY
BOARD OF TAX ASSESSORS
MEMBER
Mr. Thomas Couch
Bulloch County Manager
115 North Main Street
Statesboro, GA 30458
December 2, 2004
Dear Mr. Couch,
As you requested I have attempted to establish value on the, two parcels of land created
by·therelocation of Akins Pond Road. The two parcels are shown as a part of the
attached sketch and contain. 628 acres and .110 acres. (NOTE: This letter is prepared
with the final plat dated December 1, 2004 and prepared by Lamar O. Reddick and
Associates)
In rtiy opinion these parcels have little utility or value except to adjoining property
owners. This is due to the shape and associated restrictive use of the property due to
setbacks and zoning (HC requires 30,000 square feet minimum with private water and
sewer and 35 foot street setback). I have utilized final 2004 tax values on adjoining
property and made adjustments due to the frontage, shape, and other factors.
Parcel #lA and 1B - .628 acres adjoining property owned by Donald P. Nesmith and
Lamar O. Reddick. I estimate the value to be $1,011 .00 after adjustments for size, shape,
restrictions, and overall utility.
°
Parcel #2A and 2B- .11 acres adjoining property owned by Carl T. Hunter. I estimate
the value to be $177.00 after adjustments for size, shape, restrictions, and overall utility.
I trust this is sufficient for your needs and if! may assist you further, please feel free to
call on me.
e
~
'.
ctfully Su)mritted,
b-1-;l~~
ohnR. Scott
Chief Tax Appraiser
Bulloch County Tax Assessors
P.O. BOX 1421 • STATESBORO, GEORGIA 30459· (912) 764-2181 • FAX (912) 764-3142
MEETING DA TE (Box 2) December 21,2004
RESOLUTION ATTACHED? (Box 3)
MOTION OR ITEM TITLE (Box 4)
Resolution to approve the conveyance to adjacent uU:1Pl'irv owners of a portion of the right-of-way of Akins
Pond Road no longer noodedfo!'
road purposes.
SUMMARY/BACKGROUND A TTACH DETAILED SUMMA RY, !F NEEDED (Box 5)
You will recall that at the Board of Commissioners' meeting on October 19, 2004, the owners of property
adjacent to the rerouted section of Akins Pond Road (I.e., Donald Nesmith, Lamar Reddick, and Scott Joyner)
U'»'~"'H"" that the Board convey to them a portion of the
that is no longer needed for public road
purposes. Georgia law requires that tile property owners pay fair market value for this property. The Board
instmcted the Staff to meet with the various parties an11 work out an acceptable solution. The attached
resolution sets forth that solution, which has been agreed to
all parties.
FINANCIAL IMPACT STATEMENT (Box 7)
BUDGETED ITEM? (7a)
PUBLIC HEARING
CONSENT
NEW BUSINESS
x
OLD BUSINESS
AMENDMENT
I-:-:--::----+-:-:-I REQURED? (7b)
PRESENTA nON (oa)