Georgia 2023-2024 Regular Session

Georgia House Bill HB696 Latest Draft

Bill / Enrolled Version Filed 03/28/2023

                            23 LC 47 2206/AP
H. B. 696
- 1 -
House Bill 696 (AS PASSED HOUSE AND SENATE)
By: Representatives Anulewicz of the 42
nd
, Stoner of the 40
th
, and Cummings of the 39
th
 
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931
1
(Ga. L. 1931, p. 955), as amended, so as to provide for the annexation of certain territory into2
the boundaries of the city; to provide for related matters; to repeal conflicting laws; and for3
other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
An Act creating a new charter for the City of Smyrna, approved August 27, 19317
(Ga. L. 1931, p. 955), as amended, is amended by adding a new section to read as follows:8
"Extension of 2022 (Section 4FF)9
In addition to all other territory described in this Act, and all territory delineated on the10
official map of the city on the day immediately preceding the effective date of this Act, the11
corporate limits of the City of Smyrna shall also include all of the area embraced within the12
following described tracts and parcels of land:13 23 LC 47 2206/AP
H. B. 696
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Parcel 1
14
All that tract or parcel of land lying and being in Land Lots 282, 283, 284, 175, 171, 176,15
and 177 of the  18th District of Cobb County and including the following properties; 621016
Nichols Drive (Tax ID No. 18017500130); 6281 Oakdale Road (Tax ID No.17
18017700230); 1465 Veteran Memorial Highway (Tax ID No. 18028200030); 147918
VETERANS MEMORIAL HWY (TAX ID 18028200040); 1483 VETERANS19
MEMORIAL HWY (TAX ID 18028200050); 1491 VETERANS MEMORIAL HWY20
(TAX ID 18028300020); 1501 VETERANS MEMORIAL HWY (TAX ID 18028300030);21
1511 VETERANS MEMORIAL HWY (TAX ID 18028300040); 1513 VETERANS22
MEMORIAL HWY (TAX ID 18028300050); 1521 VETERANS MEMORIAL HWY23
(TAX ID 18028300060); 6400 RIVER VIEW RD (TAX ID 18028300070); 162524
VETERANS MEMORIAL HWY (TAX ID 18028300080); 6377 RIVER VIEW RD (TAX25
ID 18028400060); 6323 RIVER VIEW RD (TAX ID 18028400080); 6100 NICHOLS DR26
(TAX ID 18017100070); 6150 NICHOLS DR (TAX ID 18017500080); 165027
ARMSTRONG PL (TAX ID 18017600100); RIVER VIEW RD (TAX ID 18017500070);28
6324 RIVER VIEW RD (TAX ID 18028400010); 6330 RIVER VIEW RD (TAX ID29
18028400020); 6384 RIVER VIEW RD (TAX ID 18028400030); and 1648 Armstrong30
Place (Parcel ID No. 18017500060) and being described as:31
Begin at a point where the northeast right of way of Veterans Memorial Highway intersects32
the southeast right-of-way of Oakdale Road; running thence southeast along the northeast33
side of Veterans Memorial Highway and following the meanderings thereof to the34
northwest side of the Chattahoochee River; running thence northeasterly along the35
northwest side of said river to the northeast boundary of property conveyed to Riverview36
Land Investments, LLC  in Deed Book 15899 , Page 4160, Cobb County Records,37
hereinafter "Riverview Land  Property" (said property is also described as 6323 Riverview38
Road and Tax Parcel 18028400080 according to the present numbering systems in Cobb39
County); running thence northwest along said northeast boundary of said Riverview Land40 23 LC 47 2206/AP
H. B. 696
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Property to a point where such property boundary meets the south side of Riverview Road;
41
thence traveling North West across Riverview Road to a point on the North West right of42
way of said road where it intersects the property line of property owned by Helen Hair43
Stamps, as Trustee under The Helen Hair Stamps Revocable Trust dated July 3, 201944
(hereinafter "Stamps Trust") (said property is described as 6324 Riverview Road,45
designated as Tax Parcel 18028400010 and described in Deed Book 15660, Page 5180,46
Cobb County, Georgia); running thence northeast along the northwest  boundary of47
Riverview Road to a  point where Riverview Road intersects  Nichols Drive;  running48
thence northwest along the southern and western right-of-way of Nichols Drive to a point49
where the westerly right-of-way of Nichols Drive intersects  the north line of property now50
or formerly owned by Rogers Cartage Co. (said property is also described as 6100 Nichols51
Drive and designated as Tax Parcel 18017100070 and described in Deed Book 15604, Page52
4389, Cobb County Records); thence running west along said north property line of the53
Rogers Cartage Property to a point where such property line intersects the common land54
lot line to Land Lots 170 and 171; running thence south along said common land lot line55
for Land Lots 170 and 171 along the Western boundary of the Rogers Cartage Co. property56
line to a point where such Western property line intersects the North East property line  of57
property now or formerly owned by the City of Smyrna (said property being Tax Parcel58
18017001180); running thence southeasterly along the southwest property line of said59
Rogers Cartage property to a point where the southwestern boundary of the Rogers Cartage60
Co. property intersects the northeasterly  property line of property  now or formerly owned61
by 6150 Nichols, LLC (said property is also described as 6150 Nichols Drive and62
designated as Tax Parcel 18017500080 and described in Deed Book 15716, Page 1344,63
Cobb County Records); running thence south and west, along the northwestern boundary64
of said 6150 Nichols, LLC property to a point where such property line joins the65
northwesterly property line of property now or formerly owned by Vincent M.66
Gissendanner (said property is also described as 1650 Armstrong Place, designated as Tax67 23 LC 47 2206/AP
H. B. 696
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Parcel 18017600100 and described in Deed Book 9597, Page 85, Cobb County Records);
68
running thence southwest along the northwesterly property line of the Gissendanner tract69
a distance of 77.80 feet more or less to a point; thence continuing southwest along the70
northwesterly property line of the Gissendanner tract  to a point where the southwest71
boundary of the Gissendanner tract intersects the northwest boundary of property now or72
formerly owned by  Meritage Homes of Georgia, Inc   (said property is also described as73
1648 Armstrong Place, designated as Tax Parcel 18017500060 and described in Deed Book74
16010, Page 6249 , Cobb County Records); running thence southwest along the northwest75
boundary of said Meritage Homes  property (said line dividing said property from property76
owned by Oakdale Bluffs Community Association, Tax Parcel 18017601590) to a point77
where said line intersects the northwest boundary line of property owned by Helen Hair78
Stamps, as Trustee under The Helen Hair Stamps Revocable Trust dated July 3, 201979
(hereinafter "Stamps Trust") (said property is described as 6324 Riverview Road,80
designated as Tax Parcel 18028400010 and described in Deed Book 15660, Page 5180,81
Cobb County Records); running thence southwest along the northwest boundary of said82
Stamps Trust property to a point where such property line joins the northwest property line83
of property known or formerly owned by Helen Hair Stamps as Trustee under The Helen84
Hair Stamps Revocable Trust dated July 3, 2019 (hereinafter "The Stamps Trust Property85
2") (said property is described as 6330 Riverview Road, designated  as Tax Parcel86
18028400020 and described in Deed Book 15660, Page 5184, Cobb County Records);87
running thence southwest, along the northwest property boundary of The Stamps Trust88
Property 2 to a point where said property line joins the northwest property line of property89
now or formerly owned by Riverview Land Investments, LLC  (said property is also90
described as 6384 Riverview Road and designated as Tax Parcel 18028400030)91
(hereinafter the "Riverview Land  Tract"); running thence southwest, along the northwest92
boundary of the Riverview Land  tract to a point where said boundary line joins the93
northeast boundary of property now or formerly owned by Laesk Development LLC (said94 23 LC 47 2206/AP
H. B. 696
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tract is also described as 1465 Veterans Memorial Highway, designated as Tax Parcel
95
18028200030 and described in Deed Book 15694, Page 1071, Cobb County Records)96
(hereinafter the "Laesk Tract"); running thence northwest, along the northeast boundary of97
the Laesk Tract to a point where said line meets the southeasterly boundary of property98
now or formerly owned by The Oakdale Bluffs Community Association (said property is99
designated as Tax Parcel 18017700750) (hereinafter the "Oakdale Bluffs Tract"); running100
thence southwest along a line that is the boundary between the northwest property line of101
the Laesk Tract and the southeast property line of The Oakdale Bluffs tract to a point where102
such line joins the southwest boundary line of The Oakdale Bluffs Tract (said line is east103
boundary of property now or formerly owned by Harma Jean Wilkie, described as 6209104
Oakdale Road and designated as Tax Parcel 18017700060); continuing thence southwest105
along the northwest property line of the Laesk Tract to a point where it meets the north east106
boundary of property now or formerly owned by Race Trac Petroleum, Inc. (said tract is107
described as 6281 Oakdale Rd and designated as Tax Parcel 18017700230); running thence108
north west along the north east boundary of said Racetrac Petroleum Tract to a point on the109
easterly right of way of Oakdale Rd; running thence south along the easterly right-of-way110
of Oakdale Road to a point where the southeast right-of-way of Oakdale Road intersects111
the northeast right-of-way of Veterans Memorial Highway which point is the point of112
beginning.113
Parcel 2114
COMBINED TRACT ONE AND TWO 115
Tax Parcels 18006100060 & 18006100080116
All that tract or parcel of land lying and being in Land Lots 61, 62 and 172 of the 18th117
District, 2nd Section, Cobb County, Georgia, and being identified as tax parcel118
identification numbers 18006100060, 18006100080 and shown on plat of survey for119 23 LC 47 2206/AP
H. B. 696
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Phoenix Crane Rental dated November 28, 1998, by David W. Lynah, RLS #1845, said
120
parcel measuring 9.18 acres, more or less and being described as follows:121
Beginning at a point marked by an iron pin found at the common corner of Land Lots 61,122
62, 171 and 172; thence proceeding along the southern line of Land Lot 62 (the line123
common to Land Lots 62 and 171) south 89 degrees 34 minutes 21 seconds west for a124
distance of 734.67 feet to a point marked by an iron pin found on said Land Lot line; thence125
departing said Land Lot line north 31 degrees 21 minutes 10 seconds east for a distance of126
677.52 feet to a point marked by an iron pin located on the southwesterly right-of-way of127
Dickerson Drive (a 40' right-of-way); thence proceeding along said southwesterly128
right-of-way of Dickerson Drive south 64 degrees 50 minutes 20 seconds east for a129
distance of 471.20 feet to a point; thence continuing along said right-of-way of Dickerson130
Drive along an arc in a southeasterly and southerly direction for an arc distance of 402.51131
feet, said arc being subtended by a chord having a bearing of south 57 degrees 34 minutes132
10 seconds east and a distance of 400.00 feet to a point; thence continuing along said133
right-of-way along an arc in a southeasterly and southerly direction for an arc distance of134
127.59 feet, said arc being subtended by a chord having a bearing of south 29 degrees 30135
minutes 04 seconds east and a distance of 124.30 feet to a point marked by an iron pin136
located on said right-of-way; thence departing said right-of-way south 63 degrees 33137
minutes 00 seconds west to a distance of 120.00 feet to a point marked by an iron pin138
located on the south line of Land Lot 61 (the line common to Land Lots 61 and 172);139
thence departing said Land Lot Line south 77 degrees 09 minutes 04 seconds west for a140
distance of 215.08 feet to a point marked by an iron pin; thence proceeding north 67141
degrees 53 minutes 25 seconds west for a distance of 136.06 feet to the true point of142
beginning as established hereinabove.143
TRACT THREE144
1835 Dickerson Drive - Parcel 18006100040145 23 LC 47 2206/AP
H. B. 696
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All that tract or parcel of land lying and being in Land Lots 61, 62 and 172 of the 18th
146
District and 2nd Section of Cobb County, Georgia and being identified as 1835 Dickerson147
Drive, Tax Parcel 18006100040 and being described as follows:148
BEGINNING at the northeasterly intersection of Riverview Road and Dickerson Drive;149
running thence northwesterly along the northeasterly right of way of Dickerson Drive a150
distance of 357.49 feet to THE TRUE POINT OF BEGINNING; running thence151
northwesterly along the northeasterly right of way of Dickerson Drive a distance of 825152
feet to a point; running thence north 28 degrees 29 minutes 00 seconds east a distance of153
200 feet; running thence north 1 degree 15 minutes 00 seconds east a distance of 119.9 feet;154
running thence south 59 degrees 09 minutes 00 seconds east a distance of 1258.62 feet;155
running thence south 46 degrees 58 minutes 00 seconds west a distance of 355.10 feet to156
THE TRUE POINT OF BEGINNING.157
TRACT FOUR158
1855 Dickerson Drive - Parcel 18017200170159
All that tract or parcel of land lying and being in Land Lots 61 and 172 of the 18th District,160
2nd Section, Cobb County, Georgia, and being identified as 1855 Dickerson Drive, Tax161
Parcel 18017200170, and being described as follows:162
FIND THE POINT OF BEGINNING by locating where the easterly side of Dickerson163
Drive and the northerly side of Riverview Road intersect; thence from that point of164
intersection following along the northerly side of Riverview Road northeasterly 117.1 feet165
to a point which is the TRUE POINT OF BEGINNING; thence from the true point of166
beginning N 62 degrees and 00 minutes W 140.31 to a point; thence N 05 degrees 33167
minutes 40 seconds W 141.29 feet to a point; thence N 09 degrees 28 minutes 26 seconds168
W 110.08 feet to a point; thence N 46 degrees 58 seconds E 355.10 feet to a point; thence169
S 58 degrees 02 minutes E 240.48 feet to a point located on the northerly side of Riverview170
Road; thence along Riverview Road S 32 degrees 51 minutes 51 seconds W 124.56 feet to171 23 LC 47 2206/AP
H. B. 696
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a point; thence S 35 degrees 31 minutes 36 seconds W 100.05 feet to a point; thence S 42
172
degrees 00 minutes 41 seconds W 110.76 feet to a point; thence S 52 degrees W 83.78 feet173
to a point; thence S 81 degrees 20 minutes W 45.92 feet to a point which is the POINT OF174
BEGINNING.  All according to a survey registered land surveyor, David W. Lynah dated175
January 30, 1980 and revised March 3, 1980."176
SECTION 2.177
All laws and parts of laws in conflict with this Act are repealed.178