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File #: AGR2021-05    Version: 1 Name:
Type: Agreement Status: Agenda Ready
File created: 9/16/2021 In control: City Council
On agenda: 9/20/2021 Final action: 9/20/2021
Title: Approval of Access and Use Easement Agreement with Smyrna Restaurant Concepts, LLC, for access to maintenance facilities at 1043 Concord Road, Smyrna, Georgia 30080 and authorize the Mayor to execute any related documents. Ward 3 / Councilmember Travis Lindley
Attachments: 1. Issue Sheet AGR2021-05 Smyrna Restaurants Concepts access and use easement agreement.pdf, 2. Access and Use Easement Agreement 091521.pdf

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WARD / COUNCILMEMBER: Ward 3 / Councilmember Travis Lindley

 

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Title

Approval of Access and Use Easement Agreement with Smyrna Restaurant Concepts, LLC, for access to maintenance facilities at 1043 Concord Road, Smyrna, Georgia 30080 and authorize the Mayor to execute any related documents.

Ward 3 / Councilmember Travis Lindley

 

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ISSUE AND BACKGROUND: 

The restaurant property owned by Smyrna Restaurant Concepts, LLC, at 1061 Concord Road uses garbage collection facilities and a grease trap which are located on adjacent City-owned property at 1043 Concord Road. Smyrna Restaurant Concepts has contracted to sell its property to a new owner for a different restaurant concept. The new owner and its lender are requesting a formal easement from the City onto 1043 Concord Road in order to access and use the garbage-collection unit and the grease trap in the same manner as the current owner has done since 2016. The proposed easement will run to any successors-in-interest to the property at 1061 Concord Road only so long as that property is being used as a restaurant and so long as the owner keeps the garbage area and grease trap properly serviced and maintained.

 

RECOMMENDATION / REQUESTED ACTION:  Staff recommends approval of the Access and Use Easement Agreement and authorizes the Mayor to sign and execute all related documents.