505/507 Birney Street Motion approving settlement of the case of City of Marietta v. E.R. Ruddell, Jr., Case Number 10-1-04516-42, with the address of 505/507 Birney Street, Marietta, Georgia is hereby granted with the following conditions and stipulations: 1. The amount of $20,800.00, which is the City’s original payment into the Registry of the Court. 2. The City conveys right of way to E.R. Ruddell, Jr. per the attached drawing and such conveyance shall be by Quitclaim Deed as an exchange of property. 3. The City agrees to assist owner with the application to the Board of Zoning Appeals for a variance, if required, to install additional gravel parking to increase the dimensions of the existing gravel parking pad. 4. The City agrees to assist owner with application to the Board of Zoning Appeals for a variance of the fence setback to allow fencing within 1 foot from sidewalk/ROW. 5. This motion also includes any other stipulations as approved by the Director of Public Works and the City Attorney.

Committee

CITY COUNCIL

Introduced

August 6, 2012

Passed

August 8, 2012

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