06 LC 37
0062/AP
House
Bill 1347 (AS PASSED HOUSE AND SENATE)
By:
Representatives Manning of the
32nd,
Tumlin of the
38th,
Ehrhart of the
36th,
Johnson of the
37th,
and Setzler of the
35th
A
BILL TO BE ENTITLED
AN ACT
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, 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, is amended by adding at the end of Section
1.02 the following:
"The
corporate limits of the City of Kennesaw shall also include the following
described parcels of land:
TRACT
NO. 1
All
that tract or parcel of land lying and being in Land Lot 136, 20th District, 2nd
Section, Cobb County, Georgia, and being more particularly described as
follows:
Beginning
at an iron pin placed at the northeast corner of the intersection of Big Shanty
Road (50’ R/W) and Carrie Road (50’ R/W); thence running north 03
degrees 51 minutes 16 seconds east along the easterly right-of-way line of
Carrie Road, 220.10 feet to an open top pipe found at the southwest corner of
Lot 3 of Big Shanty Industrial Park, as per Plat recorded in Plat Book 154, Page
95, Cobb County records; thence running south 87 degrees 35 minutes 51 seconds
east along the southerly line of said Lot 3, 198.27 feet to a rebar found at the
northwest corner of Lot 4 of the said Big Shanty Industrial Park; thence running
south 03 degrees 54 minutes 52 seconds west along the westerly line of said Lot
4, 220.23 feet to an open top pipe found on the northerly right-of-way line of
Big Shanty Road and the southwest corner of said Lot 4; thence running north 87
degrees 33 minutes 39 seconds west along the northerly right-of-way line of Big
Shanty Road, 198.04 feet to the Point of Beginning, being 43,612 S.F. more fully
shown on the Above The Ground As Built Survey prepared for McGee & Oxford,
LLP, by Solar Land Surveying Company, John W. Stanzilus, Jr., Registered Land
Surveyor No. 2108, dated September 9, 2004.
TRACT
NO. 2
1503
Old 41 Highway
All
that tract or parcel of land lying and being in Land Lot 212 of the 20th
District, 2nd Section of Cobb County, Georgia, as shown on plat of survey made
for Jerry W. Cooper and Debbie L. Cooper by Lana S. Bishop, Registered Land
Surveyor, dated March 30, 1973, and being more particularly described as
follows:
BEGINNING
at an iron pin at the point of intersection of the southwesterly side of Old 41
Highway and the South line of Land Lot 212, running thence northwesterly along
the southwesterly side of Old 41 Highway, and following the curvature thereof,
398.8 feet to an iron pin, thence South 12 degrees 42 minutes West 285. 62 feet
to a marble marker on the South line of Land Lot 212; thence South 88 degrees 34
minutes 57 seconds East along said Land Lot line 320 feet to the point of
beginning.
1515
Old 41 Highway
All
that tract or parcel of land lying and being in Land Lot 212 of the 20th
District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING
at a marble corner on the south line of said Land Lot 212, at the southwest
corner of property now or formerly owned by E.W. Harris; running thence
northeasterly along the northwesterly line of said Harris property, two hundred
eighty-six (286) feet to an iron pin on the southwesterly line of Old U.S.
Highway No. 41; running thence northwesterly along the southwesterly line of
said Highway, two hundred twenty-one (221) feet to an iron pin at the northeast
corner of property now or formerly owned by Harold T. Ellison; running then
southwesterly along the southeasterly line of said Ellison Property, four
hundred thirty-seven (437) feet to an iron pin on the south line of said Land
Lot 212; running thence east along the south line of said Land Lot 212, two
hundred (200) feet to a marble corner and the point of beginning, said premises
being shown by plat of survey prepared by J.P. Phillips, Surveyor, date March
21, 1957.
1535
Old 41 Highway
Parcel
14
All
that tract or parcel of land lying and being in Cobb County, Georgia, and in the
20th District and 2nd Section and in Land Lot No. 212 and containing 2.27 (Two
and Twenty-Seven One-Hundredths) acres and is more particularly described as
follows:
BEGINNING
at an iron pin on the south west side of Old U.S. Highway No. 41 and at the
north west corner of property now or formerly owned by Howard D. Ellison, (this
iron pin is also 236 feet, more or less, as measured along the south west side
of Old U.S. Highway No. 41 from a driveway that leads south from the Old U.S.
Highway near this point), thence running south 11 degrees west along the land
now or formerly owned by Howard D. Ellison, 437 feet to an iron pin on the
original land line that is on the south side of said lot, thence west along the
original line 200 feet to an iron pin, thence north 11 degrees east along the
land now or formerly owned by C.L. Ellison, 580 feet to an iron pin on the south
west side of Old Highway No. 41, thence south easterly along the south west side
of Old Highway No. 41, 221 feet to an iron pin and point of
beginning.
1535
Old 41 Highway
Parcel
29
All
that tract or parcel of land lying and being in Land Lot 212 of the 20th
District, 2nd Section, Cobb County, Georgia, being part of the land shown in
said land lot on plat of same prepared by J.P. Phillips, dated August 30, 1961,
said plat being designated property of C.L. Ellison and being more particularly
described as follows:
TO
FIND THE POINT OF BEGINNING, BEGIN at the intersection of the center line of the
Georgia Power Company power line with the south west side of the right of way of
Old Highway 41 as is shown on the aforesaid plat, thence run southerly along the
west property line of the property now or formerly owned by Mrs. Belle Ellison
for a distance of 502 feet to an iron pin; thence running east southeasterly
along the southerly side of the property now or formerly owned by Mrs. Belle
Ellison and forming an interior angle within property now or formerly owned by
Mrs. Belle Ellison of 87 degrees 17 minutes and running for a distance of 339.4
feet to an iron pin and corner and the point of beginning; from this point of
beginning thence run southerly forming an interior angle with the preceding
course of 94 degrees 35 minutes for a distance of 200 feet along the property
belonging to Harold T. Ellison and being transferred to Mary Morris Ellison this
date; thence running westerly forming an interior angle of 85 degrees 25 minutes
with the preceding course for a distance of 200 feet; thence running northerly
forming an interior angle with the preceding course of 94 degrees 35 minutes for
a distance of 200 feet to an iron pin and corner and the property now or
formerly owned by Mrs. Belle Ellison; thence running southerly forming an
interior angle with the preceding course 85 degrees 25 minutes for a distance of
200 feet to an iron pin and corner and the point of beginning.
The
above-described property is in the shape of a parallelogram and is part of the
tract of property, which was conveyed to Harold T. Ellison by C.L. Ellison on
March 14, 1966, by deed recorded in Deed Book 900, Page 563, Cobb County
Records, Georgia.
1565
Old 41 Highway
All
that tract or parcel of land lying and being in Land Lot No. 212 of the 20th
District, 2nd Section, Cobb County, Georgia, as shown on plat of same prepared
by Robert T. Weaver, Surveyor, dated December 30, 1959, recorded in Plat Book
20, Page 41, Cobb County Records, Georgia, and being more particularly described
as follows:
BEGINNING
at an iron pin located on the Southwest side of the Old U.S. Highway 41 (Dixie
Highway) 338 feet Southeasterly of the intersection of the Southeast side of the
Collins Road right of way with the Southwest side of the Old U.S. Highway 41
(Dixie Highway) right of way; Thence running South 49 degrees 37 minutes East
for a distance of 309.5 feet along the Southwest side of the Old U.S. Highway 41
(Dixie Highway) right of way to an iron pin and corner; thence running South 12
degrees 08 minutes West for a distance of 380 feet to an iron pin and corner;
thence running North 72 degrees 46 minutes West for a distance of 339 feet to an
iron pin and corner; thence running North 19 degrees 33 minutes East a distance
of 500.5 feet to an iron pin and corner and the point of beginning.
TRACT
NO. 3
ALL
that tract of parcel of land lying and being located in Land Lot 63, of the 20th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
To
find the TRUE POINT OF BEGINNING commence at an iron pin located at the
intersection of the Northeasterly right-of-way of the CSX Railroad (right-of-way
varies and the North line of Land Lot 63 and running thence in a Southeasterly
direction along the Northeasterly right-of-way of the CSX Railroad and following
the curvature thereof for an arc distance of 324.73 feet (said arc having a
radius of 2162.15 feet with a chord of South 63 degrees 45 minutes 36 seconds
East 324.43 feet to a point; thence running South 59 degrees 27 minutes 27
seconds East along the Northeasterly right-of-way of the CSX Railroad for a
distance of 179.48 feet to an iron pin (#4 rebar) which is the TRUE POINT OF
BEGINNING; thence running North 30 degrees 32 minutes 33 seconds East for a
distance of 138.60 feet to an iron pin (#4 rebar); thence running South 80
degrees 43 minutes 16 seconds East for a distance of 275.74 feet to an iron pin
(#4 rebar); thence running South 30 degrees 32 minutes 33 seconds West for a
distance of 170.00 feet to an iron pin (#4 rebar) located on the Northeasterly
right-of-way of the CSX railroad; thence running North 74 degrees 24 minutes 17
seconds West along the Northeasterly right-of-way of the CSX Railroad for a
distance of 265.97 feet to an iron pin (#4 rebar) which is the TRUE POINT OF
BEGINNING.
Said
tract contains 0.91 acres.
TRACT
NO. 4
1695
Kennesaw-Due West Road
All
that tract or parcel of land lying and being in land lot 216 of the 20th
district, 2nd section, Cobb County, Georgia, and being known as 0.95 acres as
per plat of survey prepared by North Georgia Engineers, Inc. for Steve Womack,
dated July 20, 1988, and being more particularly described as
follows:
Beginning
at a point located on the west right-of-way of Kennesaw-Due West Road, said
point being located a distance of 941.50 feet in a southerly direction from the
intersection of the west right-of-way of Kennesaw-Due West Road with the north
line of Land Lot 215; running thence in a southwesterly direction along the west
right-of-way of Kennesaw-Due West Road a distance of 190.00 feet to a point;
running thence South 89 degrees 32 minutes 00 seconds West a distance of 204.49
feet to a point; running thence North 03 degrees 49 minutes 00 seconds West a
distance of 189.52 feet to a point; running thence North 89 degrees 32 minutes
00 seconds East a distance of 233.00 feet to the west right-of-way of
Kennesaw-Due West Road and the point of beginning.
1701
Kennesaw Due-West Road
All
that tract or parcel of land lying and being in land lot 216 of the 20th
district, 2nd section, Cobb County, Georgia, and being that property shown on a
plat of survey prepared for Virgil Womack by J.P. Phillips, Surveyor, on March
20, 1963, and being more particularly described as follows:
BEGINNING
at an iron pin on the west side of Kennesaw-Due West Road 597.5 feet southerly
of the point where said road intersects the north original line of said land
lot; running thence south along the west side of said Kennesaw-Due West Road 644
feet to an iron pin; thence west 248 feet to an iron pin; thence northwesterly
forming an interior angle of 93 degrees 21 minutes with the preceding course 300
feet to an iron pin on the center line of a Georgia Power Company Tower line;
thence continuing northwesterly forming an interior angle of 190 degrees with
the preceding course 402 feet to an iron pin; thence easterly forming an
interior angle of 70 degrees with the preceding course 422 feet to the iron pin
at the point of beginning.
1751
Kennesaw Due-West Road
All
that tract or parcel of land lying and being in land lot 216 of the 20th
district, 2nd section, Cobb County, Georgia as shown survey prepared for Mrs.
C.E. Wilkins, Sr., by J.P. Phillips, Surveyor, dated November 1, 1966, and being
more particularly described as follows:
BEGINNING
at an iron pin on the westerly side of Kennesaw-Due West Road 387.5 feet
southerly, as measured along the westerly side of Kennesaw-Due West Road, from
the intersection of the westerly side of Kennesaw-Due West Road with the north
line of Land Lot 216; run thence southerly along the westerly side of
Kennesaw-Due West Road a distance of 210 feet to an iron pin; run thence
westerly a distance of 422 feet to an iron pin; run thence northerly a distance
of 210 feet to an iron pin; run thence easterly along a line that forms an
interior angle of 98 degrees, 40 minutes with the preceding course a distance of
206 feet to an iron pin; run thence easterly along a line that forms an interior
angle of 167 degrees, 15 minutes with the preceding course a distance of 220.5
feet to an iron pin on the westerly side of Kennesaw-Due West Road and the point
of beginning; being improved property having a house located thereon know as 222
Kennesaw-Due West Road according to the present system of numbering houses in
Cobb County, Georgia.
1791
Kennesaw-Due West Road
All
that tract or parcel of land lying and being in land lot 216 of the 20th
district, 2nd section, Cobb County, Georgia, containing 3.4 acres as shown on
that certain plat of survey prepared by J.P. Phillips, registered land surveyor,
dated July 3, 1962 and being more particularly described as
follows:
BEGINNING
at an iron pin located on the northwesterly right-of-way of Kennesaw Due West
Road (40 foot right-of-way) at its intersection with the south land lot line of
land lot 203, same being the north land lot line of land lot 216; run thence
south along the northwesterly right-of-way of Kennesaw Due West Road and
following the curvature thereof a distance of 387.5 feet to an iron pin; run
thence north 12 degrees 45 minutes west, 220.5 feet to an iron pin; run thence
westerly a distance of 206 feet to an iron pin; run thence north at a corner
angle of 88 degrees 50 minutes a distance of 300 feet to an iron pin located on
the north land lot line of land lot 216; thence running east along the dividing
land lot line of land lots 203 and 216; run thence at a corner angle of 90
degrees 00 minutes a distance of 600 feet to an iron pin located on the
northwesterly right-of-way of Kennesaw Due West Road and the point of
beginning."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.