Statham City Council approves quitclaim of sidewalk easement to Stadium Market LLC

The Statham City Council on an unspecified date approved a motion to quitclaim the city’s sidewalk easement adjacent to the Stadium Market LLC building, authorizing the mayor to sign the deed and to substitute an appropriate legal description after a quick title exam.

A city staff member told the council the elevated sidewalk that serves the end of the Stadium Market building, which houses Dave’s Appliance, "has failed. Significant structural failure at the end of the sidewalk," and that the city holds an easement that currently makes the city responsible for maintenance. The staff member said the repairs needed to restore the sidewalk are beyond the city’s current budget and that other infrastructure needs — notably repaving — have higher priority.

The staff member said building owner Bill Mundy of Stadium Market LLC has agreed to assume responsibility for removing unsalvageable portions and for repairs. The owner’s attorney raised a legal concern: the easement’s legal description cites a 1979 survey that cannot be located in city real estate records. "You have to be able to have it in your hands and either attach it as an exhibit or record it or something," the staff member quoted the attorney as saying, and noted a recent Georgia Supreme Court decision could mean a missing plat would undermine reliance on that description.

Because the missing survey could complicate a narrow quitclaim limited to the sidewalk description, the owner’s attorney suggested quitclaiming the city’s interest in the entire tax parcel. The staff member cautioned that doing so could inadvertently release other easements (water, drainage, road easements) and recommended a narrower approach: approve the quitclaim of the sidewalk interest now but give the mayor authority to sign the quitclaim deed with permission to substitute an appropriate legal description once a brief title exam is complete.

A council member asked whether the owner could later back out; the staff member said that was unlikely because required demolition would significantly reduce the building’s value, and the owner has been willing for about a year and a half to take on responsibility despite earlier issues with the fire marshal. The staff member also confirmed conversations had been with the owner’s attorney, not with the owner directly, and reminded the council that easements generally "run with the land."

A council member moved to authorize the quitclaim of the sidewalk area and to permit substitution of an appropriate legal description upon conclusion of a title exam; another council member seconded the motion. The council approved the motion by a show-of-hands voice vote; specific vote tallies were not recorded in the transcript.

The next step identified in the meeting was for city staff to conduct a quick title exam and, if appropriate, finalize the substitute legal description before the mayor signs the quitclaim deed. The meeting adjourned shortly afterward.