16-O-1611 (FINAL) AN ORDINANCE BY COUNCILMEMBER KWANZA HALL AS SUBSTITUTED BY THE CITY UTILITIES COMMITTEE AS FURTHER SUBSTITUTED BY THE ATLANTA CITY COUNCIL AN ORDINANCE AUTHORIZING THE ABANDONMENT OF PLAZA WAY AND PORTIONS OF LOWER ALABAMA STREET, UPPER ALABAMA STREET, LOWER PRYOR STREET, AND UPPER PRYOR STREET, LYING AND BEING IN LAND LOT 77 OF THE 14TH DISTRICT OF FULTON COUNTY, GEORGIA; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE A QUITCLAIM DEED(S) OF ALL OR ANY LESSER PORTION OF SUCH ABANDONMENTS TO THE ABUTTING OWNERS; WAIVING CERTAIN REQUIREMENTS OF SECTION 138-9 OF THE CITY OF ATLANTA CODE OF ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the City of Atlanta (“City”), Metropolitan Atlanta Rapid Transit Authority MARTA’), Hotel Atlanta, LP (“Hotel Atlanta”), the Building Authority of Fulton County (‘Building Authority”) and the Downtown Development Authority of the City of Atlanta (“DDA”) cach hold certain interests in the real property known as Underground Atlanta, lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia; and WHEREAS, the City, MARTA, Hotel Addanta, Building Authority, and DDA are abutting property owners to certain City rights-of-way at Underground Atlanta, including Plaza Way (“Plaza Way”), Lower Alabama Street between Central Avenue and Peachtree Street (“Lower Alabama Street”), Upper Alabama Street between Central Avenue and Peachtree Street (“Upper Alabama Street”), Upper Pryor Street between Martin Luther King, Jr. Drive and Wall Street (Upper Pryor Street”), and Lower Pryor Street between Martin Luther King, Jr. Drive and Wall. Street (“Lower Pryor Street”), with such rights-of-way being more fully described or depicted in Exhibit “A” attached hereto and incorporated herein by this reference (collectively, the “Rights- of-Way”); and WHEREAS. ceriain properties located within the block bordered by Alabama Street, Pryor Street, Martin Luther King, Jr. Drive and Peachtree Street and fronting on Peachtree Street (the “Access Properties”) have used a portion of property owned by the City to gain access to Pryor Sireet and Martin Luther King, Jr. Drive for service to the rear of their properties: and WHEREAS, by Ordinance 6-0-2504, adopted by the Atlanta City Council on August 3, 1986 and approved by the Mayor on August 10, 1986, as amended by Ordinance 87-O-1278, the City closed Upper Alabama Street between Central Avenue and Peachtree Street to vehicular traffic and converted such portion of Upper Alabama Street into a pedestrian mall; and WHEREAS, by Ordinance 00-0-0970, adopted the Atlanta by City Council on August 7, 2000 and approved by the Mayor on August 13, 2000, the City abandoned portions of Upper Alabama Street to DDA on the condition that certain development requirements must be met, but such conditions were never met and no quitclaim deed was ever executed; andWHEREAS, Plaza Way, Lower Alabama Street and Lower Pryor Street are enclosed and are no longer open to vehicular traffic, and have been continuously operated as a plaza and pedestrian mall for several decades; and WHEREAS, the Commissioner of the Department of Public Works has determined that the Rights-of-Way are no longer needed for public road purposes, their removal from the municipal street isin the best public interest, and the Rights-of-Way should be abandoned; and WHEREAS, the City has performed a traffic analysis of the area and has determined that the Rights-of-Way are not necessary for traffic flow in the area, and abandonment of the Rights-of- ‘Way will enhance pedestrian connectivity for Underground Atlanta; and WHEREAS, the City wishes to abandon the Rights-of-Way, retain title to the abandoned Rights- of Way, and to dispose of the abandoned Rights-of-Way in accordance with state law subject to (1) any rights of MARTA and the State of Georgia, (2) a reservation of easements for public and existing private utilities, telecommunications, infrastructure and other facilities over, under, across and through such Rights-of- Way, anc+(3) a reservation of access easements until such time as the Central Avenue Viaduct has been replaced and reopened: (4) preservation of a grid for pedestrian travel on Alabama Sireet and Prvor Street_and (5) establishment of a meai pedestrian and vehicular service ingress and egress between the Access Properties and public rights-of-way in_a manner and_on_terms 1 development plan for Underground Atlania approved by Invest Atlanta and the City’s Department of Planning pursuant to covenants recorded in the Fulton County land records upon the closing of the sale of Underground Atlanta: and THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS: Section 1, That Plaza Way and those portions of Lower Alabama Street, Upper Alabama Street, Lower Pryor Street, and Upper Pryor Street, being more specifically described or depicted in Exhibit “A” attached hereto, are hereby declared to be no longer needed for public road purposes, that their removal from the public road system is in the best interest of the public, and are abandoned with the City retaining title to said Rights-of-Way. ‘Section 2, That to the extent applicable, the provisions of City Code of Ordinances Section 138-9 are hereby waived‘Section 3. That the abandonments shall be subject to (1) any rights of MARTA and the State of Georgia, (2) a reservation of easements for public and existing private utilities, telecommunications, infrastructure and other facilities over, under, across and through such Rights-of-Way, asd-(3) a reservation of access easements until such time as the Central Avenue Viaduct has been replaced and reopened, (4) the preservation of a grid for pedestrian travel on Alabama Street and Pryor Street ina manner and on terms compatible with the master development plan for Underground Atlanta approved by Invest Atlanta and the City’s Departmen! of Planning pursuani in the Ful 0n the closi of the sale of Underground Adan s ‘ian and vehicular ice ing a lic rights-of-way in a many and on terms compatible with the master development plan for Underground Atlanta. Section 4, That the Mayor or his designee is hereby authorized on behalf of the City, ifand to the extent the Mayor so elects, to execute a quitclaim deed(s) in favor of DDA and/or another third party, conveying all or any lesser portion of the Rights-of- Way to such party(ies), subject to (1) any tights of MARTA and the State of Georgia, (2) a reservation of easements for public and existing private utilities, telecommunications, infrastructure and other facilities over, under, across and through such Rights-of- Way. and (3) a reservation of access easements until such time as the Central Avenue Viaduct has been replaced and reopened: (4) preservation of a grid for pedestrian travel on Alabama Street and Pryor Street in a manner and on terms compatible with the master development plan for Underground Atlanta approved by Invest Atlanta and the City’s Department of Planning pursuant to covenants recorded in the Fulton County land records upon the closing of the sale of Underground Atlanta, and (5) establishment of a means of pedestrian and vehicular service ingress and egress between the Access Properties and public rights-of-way in 1s compatible with the master development plan for und Adanta Section 5. The Mayor, or his designee, is hereby authorized to execute such other and further documents, deeds, agreements, and instruments necessary to effectuate the intent of this ordinance. Section 6, Such quitclaim deed(s), easement agreement(s), and any related documents will not become binding upon the City, and the City will incur no liability thereunder, until such documents have been executed by the Mayor or his designee, approved by the City Attorney as to form, attested to by the Municipal Clerk, and delivered to DDA or such other third party. ‘Section 8, Any ordinances or portions of ordinances in conflict with this ordinance are hereby waived, but only to the extent of the conflict.Exhibit “A”AUVNINTERIS |