A RESOLUTION TO DECLARE AND CERTIFY ABANDONED A PORTION OF WALLACE ROAD; TO AUTHORIZE RECORDATION OF THIS RESOLUTION AND ACCOMPANYING EXHIBIT(S) IN THE COUNTY MINUTES; TO AUTHORIZE THE COUNTY ATTORNEY TO PREPARE DOCUMENTS FOR THE DISPOSAL OF SAID PROPERTY; TO AUTHORIZE DELETION OF SAID PROPERTY FROM ANY OFFICIAL RECORDS REFLECTING THE CURRENT COUNTY ROAD SYSTEM; TO REPEAL INCONSISTENT PROVISIONS; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, Butts County (the “County”) is vested with the power and responsibility under state law to protect the health, safety, and welfare of its residents, to promote economic development, provide for the transportation needs of the public, and ensure that natural areas be maintained in a manner designed to maintain a desirable community; and

WHEREAS, the County has shown plats of a portion of Wallace Road, said road being more particularly described in Exhibit “A” which is attached hereto and incorporated herein by referenced (the “Property”); and

WHEREAS, the County has determined that the road is no longer needed for public use and it is in the best interest of the County to abandon and dispose of the Property; and

WHEREAS, by regular mail, the County notified all adjacent landowners of the County’s intent to abandon the Property; and

WHEREAS, the Chairman and Board of Commissioners have held a duly-advertised public hearing on June 13, 2022 regarding the abandonment of the Property at a regularly scheduled meeting (the affidavit of publication is attached as Exhibit “B”); and

WHEREAS, the Chairman and Board of Commissioners, in the exercise of their sound judgment and discretion, after giving thorough consideration to all of the implications involved, and keeping in mind the public interest and welfare of the citizens of the County, have determined that to the extent the County maintains an interest in the Property, abandoning the Property would be advantageous to and would best benefit the citizens of the County; and

WHEREAS, the County wishes to declare the Property abandoned and directs the County Clerk to record this Resolution and accompanying Exhibit(s) in the County’s minutes; authorize the County Manager and the County Attorney to proceed with the disposal of the Property as authorized by law; and authorize the County Clerk to remove all references to the Property from any County records reflecting the County’s road system.

NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CHAIRMAN AND BOARD OF COMMISSIONERS OF BUTTS COUNTY:

1. Incorporation of Recitals. The County affirms the above-stated “whereas” recitals as true and correct and further reincorporates those recitals as though fully set forth herein.

2. No Public Purpose Certification. The Board of Commissioners hereby certifies that no substantial public purpose will be served by maintaining the Property as a public road.

3. Declaration That Property Is Abandoned. The County declares that to the extent the County maintains an interest in the Property, the Property shall be formally abandoned. The rights of the public in and to the Property as a public road shall cease immediately.

4. Disposal of Abandoned Property. The County authorizes the County Manager and County Attorney to proceed with the disposal of the Property as authorized by law.

5. Recordation. The County Clerk is hereby directed to record this Resolution, declaration, certification, and accompanying Exhibit(s), including a plat or sketch of the Property, in the Book of Resolutions, Volume 1 as reference in the official minutes.

6. Deletion from County Records. The County Clerk is hereby authorized to delete all references to the Property as County property from County records reflecting the current County road system.

7. Severability. To the extent any portion of this Resolution is declared to be invalid, unenforceable, or nonbinding, that shall not affect the remaining portions of this Resolution.

8. Repeal of Conflicting Provisions. All County resolutions are hereby repealed to the extent they are inconsistent with this Resolution.

9. Effective Date. This Resolution shall take effect immediately.

RESOLVED this 13th Day of June, 2022

___________________________________
Chairman Joe Brown

J. Michael Brewer, Deputy County Manager
Clerk of the 124th Session