Condemnation on Parcel 33 for the Roundabout at Fort Benning Road, \n \n Cusseta Road and Brennan Road
Initiator
Felton G. Grant, Right of Way Acquisition Coordinator \n \n Transportation Planning Division
Recommendation
Approval is requested for the acquisition of Parcel 33, 3812 Cusseta Road for \n \n the Roundabout at Fort Benning Road, Cusseta Road & Brennan Road, Muscogee \n \n County totaling 5,667.654 sq. ft. +/- for Right of Way and 4,935.222 sq. ft. \n \n Permanent Easement +/- for County Road and/or Municipal Street purposes, and \n \n authorizing the filing of a Declaration of Taking by the City Attorney or his \n \n representatives for the acquisition of said land under the authority of the \n \n official code of Georgia annotated, Section 32-3-1 et. seq for the referenced \n \n project.
Approval
Pending
Background
The parcel listed above is requested for condemnation because of the inability
to reach a reasonable settlement..
Analysis
To keep the project on schedule it is necessary to proceed to condemn and to
pay the money into Court, thereby taking possession of the property allowing
the City to proceed with the project.
Financial Considerations
This project is 100% City Funded as outlined in the CIP.
Projected Annual Fiscal Impact Statement
The City will be responsible for service and upkeep after completion of the
project.
Legal Considerations
Council must approve the action by Resolution.
Recommendations/ Actions
Authorizing the City Manager to order the Acquisition of said land for County
Road and/or Municipal Street purpose, and authorizing the filing of a
Declaration of Taking by the City Attorney or his representatives for the
acquisition of said land under authority of the official code of Georgia
annotated, Section 32-3-1 et-seq.
RESOLUTION NO.
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE EASEMENTS AND LANDS UNDER THE PROVISION OF THE OFFICIAL CODE OF GEORGIA
ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID EASEMENTS AND
LANDS FOR COUNTY ROAD AND/OR MUNICIPAL STREET PURPOSES, AND AUTHORIZING THE
FILING OF A DECLARATION OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES
FOR THE ACQUISITION OF SAID EASEMENTS AND LANDS UNDER THE AUTHORITY OF THE
OFFICIAL CODE OF GEORGIA ANNOTATED, SECTION 32-3-1, ET. SEQ.
WHEREAS, it is hereby determined that the circumstances in connection
with acquiring easements and lands for the ?Round a Bout at Ft. Benning Road,
Cusseta Road and Brennan Road,? are such that it is necessary to immediately
acquire easements and lands in the following described property, to-wit:
PROJECT NO.: 82057-20100
P. I. NO.: n/a
PARCEL NUMBER: 33
DATE OF R/W PLANS: April 22, 2014
LAST REVISION DATE: November 17, 2014
Required Rights-of-Way:
Tract 1:
All that tract or parcel of land lying and being in Land Lot 106 of the Coweta
Reserve Land District and/or 821 Georgia Militia District of Muscogee County,
Georgia, being more particularly described as follows:
Beginning at a point 441.960 feet right of Construction Centerline Cusseta Road
East at Station 203+68.32 thence N 0?40'53.6" E a distance of 98.158 feet to a
point 365.245 feet right of Construction Centerline Cusseta Road East at
Station 201+71.32 thence S 89?15'02.0" E a distance of 13.147 feet to a point
357.364 feet right of Construction Centerline Cusseta Road East at Station
203+16.86 thence S 0?32'54.9" W a distance of 2.941 feet to a point 359.648
feet right of Construction Centerline Cusseta Road East at Station 203+18.71
thence S 5?04'13.8" E a distance of 54.892 feet to a point 398.668 feet right
of Construction Centerline Cusseta Road East at Station 203+57.32 thence S 0?
16'41.2" W a distance of 40.546 feet to a point 430.023 feet right of
Construction Centerline Cusseta Road East at Station 203+83.03 thence N 89?
26'32.6" W a distance of 18.941 feet to a point 441.960 feet right of
Construction Centerline Cusseta Road East at Station 203+68.32 and the POINT OF
BEGINNING.
The above described parcel contains ? 0.04 acres (1669.944 sq. ft.).
Tract 2:
All that tract or parcel of land lying and being in Land Lot 106 of the Coweta
Reserve Land District and/or 821 Georgia Militia District of Muscogee County,
Georgia, being more particularly described as follows:
Beginning at a point 39.69 feet right of Cusseta Road East at Station 204+74.00
thence S 59?01'58.1" E a distance of 314.01 feet to a point 24.12 feet right of
Cusseta Road East at Station 207+82.86 thence S 30?50'53.1" W a distance of
15.38 feet to a point 39.50 feet right of Cusseta Road East at Station
207+82.86 thence N 59?08'52.5" W a distance of 128.21 feet to a point 39.50
feet right of Cusseta Road East at Station 206+54.65 thence along an arc 85.75
feet to the right, having a radius of 1045.16 feet, the chord of which is N 59?
50'44.7" W for a distance of 85.73 feet, to a point 43.98 feet right of Cusseta
Road East at Station 205+72.40 thence N 33?06'23.4" W a distance of 22.28 feet
to a point 36.07 feet right of Cusseta Road East at Station 205+52.38 thence
along an arc 80.40 feet to the right, having a radius of 1035.28 feet, the
chord of which is N 53?57'20.3" W for a distance of 80.38 feet and the POINT OF
BEGINNING.
The above described parcel contains ? 0.09 acres (3997.71 sq. ft.).
Such required rights-of-way are shown colored yellow on the attached plats,
which plats are also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Permanent Easements:
Area 1:
All that tract or parcel of land lying and being in Land Lot 106 of the Coweta
Reserve Land District and/or 821 Georgia Militia District of Muscogee County,
Georgia, being more particularly described as follows:
Beginning at a point 37.481 feet right of Construction Centerline Fort Benning
Road at Station 10+00.00 thence N 0?40'53.6" E a distance of 100.281 feet to a
point 37.059 feet right of Construction Centerline Fort Benning Road at Station
11+00.00 thence S 89?26'32.6" E a distance of 10.061 feet to a point 47.120
feet right of Construction Centerline Fort Benning Road at Station 11+00.00
thence S 0?59'27.6" W a distance of 100.355 feet to a point 47.000 feet right
of Construction Centerline Fort Benning Road at Station 10+00.00 thence N 89?
00'36.5" W a distance of 9.519 feet to a point 37.481 feet right of
Construction Centerline Fort Benning Road at Station 10+00.00 and the POINT OF
BEGINNING.
The above described parcel contains ? 0.02 acres (982.063 sq. ft.).
Area 2:
All that tract or parcel of land lying and being in Land Lot 106 of the Coweta
Reserve Land District and/or 821 Georgia Militia District of Muscogee County,
Georgia, being more particularly described as follows:
Beginning at a point 56.000 feet right of Construction Centerline Fort Benning
Road at Station 11+00.00 thence along an arc 40.546 feet to the left, having a
radius of 4156.000 feet, the chord of which is N 0?16'41.2" E for a distance of
40.546 feet, to a point 56.000 feet right of Construction Centerline Fort
Benning Road at Station 11+40.00 thence N 5?04'13.8" W a distance of 54.892
feet to a point 51.510 feet right of Construction Centerline Fort Benning Road
at Station 11+94.00 thence N 0?32'54.9" E a distance of 2.941 feet to a point
51.578 feet right of Construction Centerline Fort Benning Road at Station
11+96.90 thence S 89?15'02.0" E a distance of 16.428 feet to a point 68.000
feet right of Construction Centerline Fort Benning Road at Station 11+96.47
thence S 0?06'59.2" E a distance of 98.066 feet to a point 68.000 feet right of
Construction Centerline Fort Benning Road at Station 11+00.00 thence N 89?
26'32.6" W a distance of 12.000 feet to a point 56.000 feet right of
Construction Centerline Fort Benning Road at Station 11+00.00 and the POINT OF
BEGINNING.
The above described parcel contains ? 0.03 acres (1297.219 sq. ft.).
Area 3:
All that tract or parcel of land lying and being in Land Lot 106 of the Coweta
Reserve Land District and/or 821 Georgia Militia District of Muscogee County,
Georgia, being more particularly described as follows:
Beginning at a point 45.83 feet right of Cusseta Road East at Station 204+33.69
thence S 59?01'58.1" E a distance of 40.77 feet to a point 39.69 feet right of
Cusseta Road East at Station 204+74.00 thence along an arc 80.40 feet to the
left, having a radius of 1035.28 feet, the chord of which is S 53?57'20.3" E
for a distance of 80.38 feet, to a point 36.07 feet right of Cusseta Road East
at Station 205+52.38 thence S 33?06'23.4" E a distance of 22.28 feet to a point
43.98 feet right of Cusseta Road East at Station 205+72.40 thence along an arc
85.75 feet to the left, having a radius of 1045.16 feet, the chord of which is
S 59?50'44.7" E for a distance of 85.73 feet, to a point 39.50 feet right of
Cusseta Road East at Station 206+54.65 thence S 59?08'52.5" E a distance of
128.21 feet to a point 39.50 feet right of Cusseta Road East at Station
207+82.86 thence S 30?51'41.4" W a distance of 6.50 feet to a point 46.00 feet
right of Cusseta Road East at Station 207+82.86 thence N 59?08'52.5" W a
distance of 133.02 feet to a point 46.01 feet right of Cusseta Road East at
Station 206+50.00 thence N 56?49'24.6" W a distance of 157.29 feet to a point
52.00 feet right of Cusseta Road East at Station 205+00.00 thence N 50?22'30.6"
W a distance of 65.37 feet to a point 52.00 feet right of Cusseta Road East at
Station 204+34.63 thence N 30?58'01.9" E a distance of 6.24 feet to a point
45.83 feet right of Cusseta Road East at Station 204+33.69 and the POINT OF
BEGINNING.
The above described parcel contains ? 0.06 acres (2655.94 sq. ft.).
Such required permanent easements to construct and maintain any required slopes
and utilities within the permanent easement area are shown colored orange on
the attached plat, which plat is on file in the Office of the Right of Way
Acquisition & Transportation Planning Coordinator of Columbus, Georgia.
Required Driveway Easements:
Drive 1:
Also, granted is the right to an easement for the construction of a driveway as
shown colored pink on the attached plat.
Drive 2:
Also, granted is the right to an easement for the construction of a driveway as
shown colored pink on the attached plat.
Said required driveway easements expire upon completion and final acceptance of
said project by the Columbus Consolidated Government.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is a necessity for the immediate acquisition of said
property interests under the provisions of the Official Code of Georgia
Annotated ?32-3-1, et. seq.
2.
That the Mayor of Columbus, Georgia be, and she hereby is, authorized
to issue such orders and file such papers in the courts and enter into such
agreements as she deems necessary for the immediate acquisition of said
property interests by condemnation under the provisions of said Act.
3.
That the immediate acquisition of such property interests is for county
roads, municipal streets or public highway purposes.
4.
That, in accordance with an investigation and report made to Columbus,
Georgia by a competent land appraiser, the estimated value of $35,500.00 is
just and adequate compensation to be paid for such acquisitions, and is hereby
determined and approved, with such sum being authorized to be paid into Court
for the use of the persons entitled thereto.
5.
That the Mayor, City Manager and City Attorney, or their
representatives, are hereby authorized to take any and all lawful actions that
they may deem needful, necessary, advisable, or proper for the immediate
acquisition of said property interests pursuant to and in accordance with the
provisions of the Official Code of Georgia Annotated ?32-3-1, et. seq.