Agenda Item # 3

Columbus Consolidated Government

Council Meeting

03/10/2015

Agenda Report # 87


TO: Mayor and Council

SUBJECT: Quit Claim of Property to Muscogee County School District

INITIATED BY: David Arrington, Deputy City Manager

Recommendation: Ratify the Mayor's execution, recording and delivery a Quitclaim Deed for an approximately 8.41 acre tract (013-022-007) to the Muscogee County School District for purpose of clearing title to the property.

Background: An Act of the General Assembly of Georgia approved February 25, 1949, published in Ga. L. 1949, p. 1086 created the Muscogee County School District and provided that all property, real and personal,...held by said City for its independent school system...shall pass to and be held by Muscogee County School District. Such transfer was to be effective immediately upon approval of the creation of the School District. The above referenced property is the site of the former Daniel Middle School on Manchester Expressway.

Analysis: The Muscogee County School District is in the process of selling the above referenced property to a private party for development purposes. Attorneys for the purchaser requested the execution and delivery of a Quitclaim deed in order to evidence and clarify of record that the Muscogee County School District is the true, legal and equitable owner in fee simple of such property. In order to accommodate the scheduled closing of the sale of the property, the Mayor executed a quitclaim deed dated March 4, 2015 which quit claimed all of the City's interest in the property in accordance with the operation of Ga. L. 1949, p. 1086 in accordance with the authority granted her pursuant to Section 4-201(5) of the Columbus Charter.

Financial Considerations: None

Projected Annual Fiscal Impact Statement: None

Legal Considerations: Execution of the Quitclaim deed cleared title to the property in accordance with Georgia law, and Council's ratification of the execution is now requested in order to complete the transaction.

Recommendations/ Actions: Ratify the Mayor's execution, and delivery of a Quitclaim Deed for an approximately 8.41 acre tract (013-022-007) to the Muscogee County School District for purpose of clearing title to the property.



Daniel MS Property.pdf87-RES493.pdf87-RES493.pdfGA Law Establish MCSD.pdfGA Law Establish MCSD.pdf
A RESOLUTION

NO. _____

A RESOLUTION AUTHORIZING AND RATIFYING THE EXECUTION, RECORDING AND DELIVERY OF A QUITCLAIM DEED TO MUSCOGEE COUNTY SCHOOL DISTRICT WITH REGARD TO AN APPROXIMATELY 8.41 ACRE TRACT OF LAND (013-022-007) FOR THE PURPOSE OF CLEARING TITLE TO THE PROPERTY.

WHEREAS, by warranty deed dated April 26, 1946 from R.E. Martin, R.E. Martin, Jr. and E.D. Martin, the City of Columbus took title to an approximately 8.42 acre tract of land (013-022-007), more specifically identified in the attached Quitclaim deed, to be used for educational purposes; and,

WHEREAS, An Act of the General Assembly of Georgia approved February 25, 1949, Ga. L. 1949, p. 1086, created the Muscogee County School District and provided that "all property, real and personal,...held by said City for its existing independent school system...shall when said merger actually becomes operative pass to and be held by Muscogee County School District," Ga. L. 1949 at p. 1093; and,

WHEREAS, the Muscogee County School District is selling the above referenced property for development purposes, and attorneys for the purchaser requested, since title was originally acquired in the name of the City of Columbus, that a Quitclaim Deed from the City of Columbus to Muscogee County School District be executed and recorded in order to evidence and clarify of record that the Muscogee County School District is the true, legal and equitable owner in fee simple of such property; and,

WHEREAS, on March 4, 2015, the Mayor executed the Quitclaim deed attached hereto in accordance with Ga. L. 1949, p. 1026 and Section 4-201(5) of the Columbus Charter.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

The execution, delivery, and recording of the attached quitclaim deed to the approximately 8.41 acre tract (013-022-007) referred to above is hereby authorized and ratified.

Introduced at a regular meeting of the Council of Columbus, Georgia, held the _________ day of ____________ 2015, and adopted at said meeting by the affirmative vote of ___________ members of said Council.


Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Buck voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.



_____________________________ _________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor