20131255

Quitclaim Deed Rejection Motion to reject and deny the unsolicited unilateral and invalid quitclaim deed from PMG 358 Roswell Street, LLC, dated September 19, 2013, recorded September 27, 2013 and delivered to the City of Marietta on October 3, 2013. This rejection and non-acceptance is in furtherance of the letter from the City Attorney to PMG 358 Roswell Street, LLC dated October 4, 2013. In addition, this rejection and non-acceptance is consistent with the non-acceptance and not action taken by the Public Works Committee on April 25, 2012 regarding PMG 358 Roswell Street, LLC’s request to accept a donation of the subject property. This motion is also consistent with the vote of the Mayor and Council for the City of Marietta on March 6, 2013 which denied PMG 358 Roswell Street, LLC’s claim of ownership of the subject property. This motion is also consistent with the fact that the City of Marietta paid $305,000.00 for the property per a motion made by Philip Goldstein on March 15, 2007 and based on the fact that photographs taken by the Public Works Department show that the paving for the public right-of-way was nearly competed in November, 2007. This motion is also consistent with the fact that the right-of-way was purchased with taxpayer funds, improved with taxpayer funds and has been continuously used by the public and the City of Marietta since November, 2007. This motion is also consistent with the testimony of Mr. Philip Goldstein that he was aware of the right-of-way deed to the City of Marietta prior to his purchase of the property on December 30, 2011 and he closed with actual knowledge of the recorded right-of-way deed to the city. The City Attorney is hereby authorized and directed to record a document on the deed records of the Cobb Superior Court to carry out the intent of this motion. Councilman Goldstein previously disclosed that he is the owner and manager of the entity known as PMG 358 Roswell Street, LLC.

Motion Adopted Introduced October 24, 2013

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