Correction of Condemnation on Parcel #19 and #20 for the Wynnton Road Master Plan
Initiator
Felton G. Grant, Right of Way Acquisition Coordinator, \n \n Transportation Planning Division
Recommendation
Approval is requested for Corrective action to amend Resolution 238-15 to \n \n include the corrected estimated value for for a Temporary Easement for County \n \n Road and/or Municipal Street purposes, and authorizing the filing of the \n \n Corrected action for the 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
Resolution No. 238-15 was approved in the August 25, 2015 Council Session,
authorizing acquisition of the aforecited easement, but which Resolution
contained the wrong estimated value for just and adequate compensation to be
paid for such acquisition, thus requiring the within Amended and Restated
Resolution to be brought before the Council of Columbus, Georgia, so as to
correct such inadvertent error. Condemnation is requested because of the
inability to acquire releases from parties of interest on said parcel.
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 funded 80% by GDOT and 20% by Midtown, Inc.
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 corrective action to include the
corrected estimated value for for the acquisition of said land for County Road
and/or Municipal Street purpose, and authorizing the filing of the corrected
action of the 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.
AMENDED AND RESTATED RESOLUTION NO.
AN AMENDED AND RESTATED RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY
TO IMMEDIATELY ACQUIRE EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL
CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF
SAID EASEMENTS 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 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 for the Wynnton Road Master Plan - Phase I,
(CSTEE-0009-00(117)) are such that it is necessary to immediately acquire
easements in the following described property, to-wit:
PROJECT NO.: CSTEE-0009-00(117)
P. I. NO.: 0009117
PARCEL NUMBER: 19 and 20
DATE OF R/W PLANS: May 15, 2013
LAST REVISION DATE: July 30, 2015
The right to construct and maintain any required slopes within the temporary
easement area shown colored green on a plat attached hereto and made a part
hereof and also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia, and being more
particularly described as follows:
All of that tract or parcel of land lying in and being Part of Land Lot 77,
Coweta Reserve, being a permanent easement for construction and maintenance of
slopes shown as part of Parcel 19 on Right-of-Way Map prepared by T.Y.Lin
International depicted on Sheet 8 of 10 and being more particularly described
as follows: BEGIN at a point designated as KC5129 being 31.89 feet left of
center line station 22+41.55, Wynnton Road; thence North 28 degrees 00 minutes
04.3 seconds West, 7.11 feet to point KC5137 being 39.0 feet left of center
line station 22+41.54 of said road; thence North 62 degrees 21 minutes 24.0
seconds East, 96.35 to point KC5142 being 38.53 left of center line station
23+37.88 of said road; thence North 60 degrees 47 minutes 17.1 seconds East,
94.06 feet to point KC5143 being 40.65 feet left of center line station
24+31.92 of said road; thence South 17 degrees 47 minutes 00.5 seconds East,
1.23 feet to point KC32 being 39.44 feet left of center line station 24+31.70
of said road; thence South 59 degrees 06 minutes 59.6 seconds West, 145.03 feet
to point KC34 being 31.95 feet left of center line station 22+86.86 of said
road; thence South 62 degrees 00 minutes 05.4 seconds West, 45.31 feet to
station KC5129 and the point of beginning; containing 832.65 Square Feet.
Said latter easement expires upon completion and final acceptance of said
Project by the Columbus Consolidated Government.
WHEREAS, heretofore on August 25, 2015, the Council of Columbus,
Georgia approved a Resolution No. 238-15, authorizing acquisition of the
aforecited easement, but which Resolution contained the wrong estimated value
for just and adequate compensation to be paid for such acquisition, thus
requiring the within Amended and Restated Resolution to be brought before the
Council of Columbus, Georgia, so as to correct such inadvertent error.
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 $15,204.00 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.
6.
That the within Amended and Restated Resolution supercedes and takes
the place of such prior Resolution No. 238-15, in all respects, all as amended