Condemnation on Parcel 7 for the Roundabout at Fort Benning Road, 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 7, 3737 Cusseta Road for \n \n the Roundabout at Fort Benning Road, Cusseta Road, and Brennan Road, Muscogee \n \n County totaling 33,159.612 sq. ft. +/- for the Required Right of Way and \n \n 7,397.757 sq. ft. +/- for a Permanent Easement for County Road and/or Municipal \n \n Street purposes, and authorizing the filing of a Declaration of Taking by the \n \n City Attorney or his representatives for the acquisition of said land under the \n \n authority of the official code of Georgia annotated, Section 32-3-1 et. seq for \n \n the referenced project.
Approval
Pending
Background
The parcel listed above is requested for condemnation due to 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 100% with City Funds (Bonds - 82057-20100).
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: 7
DATE OF R/W PLANS: April 22, 2014
LAST REVISION DATE: July 23, 2015
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 3.300 feet left of Cusseta Road East at Station 200+99.74
thence N 33?19'09.4" E a distance of 105.235 feet to a point 105.000 feet left
of Cusseta Road East at Station 201+26.78 thence S 71?34'23.4" E a distance of
50.282 feet to a point 105.000 feet left of Cusseta Road East at Station
201+77.07 thence S 18?25'36.6" W a distance of 10.000 feet to a point 95.000
feet left of Cusseta Road East at Station 201+77.07 thence along an arc 109.896
feet to the right, having a radius of 435.000 feet, the chord of which is S 64?
20'08.5" E for a distance of 109.604 feet, to a point 95.000 feet left of
Cusseta Road East at Station 202+62.96 thence S 33?17'22.9" W a distance of
116.170 feet to a point 21.166 feet right of Cusseta Road East at Station
202+62.12 thence N 59?09'38.6" W a distance of 160.000 feet to a point 3.300
feet left of Cusseta Road East at Station 200+99.74 and the POINT OF BEGINNING.
The above described parcel contains ? 0.41 acres (18001.162 sq. ft.).
Tract 2:
All that tract or parcel of land lying and being in Land Lot 102 and 107 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 30.500 feet right of Construction Centerline Brennan Road
at Station 53+62.13 thence N 56?38'12.9" W a distance of 65.933 feet to a point
24.603 feet left of Construction Centerline Brennan Road at Station 53+98.36
thence N 56?38'12.9" W a distance of 40.647 feet to a point 58.726 feet left of
Construction Centerline Brennan Road at Station 54+20.23 thence N 48?00'22.4" E
a distance of 55.880 feet to a point 17.759 feet left of Construction
Centerline Brennan Road at Station 54+57.89 thence N 21?49'09.4" E a distance
of 52.700 feet to a point 0.584 feet right of Construction Centerline Brennan
Road at Station 55+07.20 thence N 7?03'35.4" E a distance of 45.870 feet to a
point 4.550 feet right of Construction Centerline Brennan Road at Station
55+52.92 thence N 23?07'06.4" E a distance of 142.440 feet to a point 54.695
feet right of Construction Centerline Brennan Road at Station 56+86.25 thence N
11?26'32.4" E a distance of 24.321 feet to a point 58.472 feet right of
Construction Centerline Brennan Road at Station 57+10.28 thence N 11?26'32.4" E
a distance of 30.059 feet to a point 63.139 feet right of Construction
Centerline Brennan Road at Station 57+39.97 thence N 24?09'42.4" E a distance
of 31.400 feet to a point 74.725 feet right of Construction Centerline Brennan
Road at Station 57+69.16 thence N 79?59'43.4" E a distance of 5.403 feet to a
point 80.000 feet right of Construction Centerline Brennan Road at Station
57+70.33 thence S 2?30'32.5" W a distance of 60.329 feet to a point 80.000 feet
right of Construction Centerline Brennan Road at Station 57+10.00 thence S 11?
58'16.8" W a distance of 48.662 feet to a point 72.000 feet right of
Construction Centerline Brennan Road at Station 56+62.00 thence S 2?30'32.5" W
a distance of 101.878 feet to a point 72.000 feet right of Construction
Centerline Brennan Road at Station 55+60.12 thence N 87?29'27.5" W a distance
of 41.500 feet to a point 30.500 feet right of Construction Centerline Brennan
Road at Station 55+60.12 thence along an arc 196.554 feet to the left, having a
radius of 4169.500 feet, the chord of which is S 1?09'30.7" W for a distance of
196.536 feet and the POINT OF BEGINNING.
The above described parcel contains ? 0.35 acres (15158.450 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 107 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 32.558 feet right of Construction Centerline Brennan Road
at Station 52+63.98 thence N 33?16'42.4" E a distance of 33.411 feet to a point
51.250 feet right of Construction Centerline Brennan Road at Station 52+91.68
thence S 0?44'25.3" E a distance of 40.293 feet to a point 51.250 feet right of
Construction Centerline Brennan Road at Station 52+51.38 thence N 56?45'26.9" W
a distance of 22.543 feet to a point 32.558 feet right of Construction
Centerline Brennan Road at Station 52+63.98 and the POINT OF BEGINNING.
The above described parcel contains ? 0.01 acres (376.588 sq. ft.).
Area 2:
All that tract or parcel of land lying and being in Land Lot 107 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 30.500 feet right of Construction Centerline Brennan Road
at Station 53+62.13 thence along an arc 196.554 feet to the right, having a
radius of 4169.500 feet, the chord of which is N 1?09'30.7" E for a distance of
196.536 feet, to a point 30.500 feet right of Construction Centerline Brennan
Road at Station 55+60.12 thence S 87?29'27.5" E a distance of 29.500 feet to a
point 60.000 feet right of Construction Centerline Brennan Road at Station
55+60.12 thence S 7?30'12.6" W a distance of 152.061 feet to a point 44.000
feet right of Construction Centerline Brennan Road at Station 54+07.00 thence S
0?03'08.4" W a distance of 53.361 feet to a point 44.000 feet right of
Construction Centerline Brennan Road at Station 53+53.07 thence N 56?38'12.8" W
a distance of 16.211 feet to a point 30.500 feet right of Construction
Centerline Brennan Road at Station 53+62.13 and the POINT OF BEGINNING.
The above described parcel contains ? 0.09 acres (3994.309 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 95.00 feet left of Cusseta Road East at Station 201+64.00
thence N 18?25'37" E a distance of 10.00 feet to a point 105.00 feet left of
Cusseta Road East at Station 201+64.00 thence S 71?34'23" E a distance of 13.07
feet to a point 105.00 feet left of Cusseta Road East at Station 201+77.07
thence along an arc 30.01 feet to the right, having a radius of 445.00 feet,
the chord of which is S 69?38'25" E for a distance of 30.01 feet, to a point
105.00 feet left of Cusseta Road East at Station 202+00.00 thence S 22?17'30" W
a distance of 10.00 feet to a point 95.00 feet left of Cusseta Road East at
Station 202+00.00 thence along an arc 29.34 feet to the left, having a radius
of 435.00 feet, the chord of which is N 69?38'25" W for a distance of 29.33
feet, to a point 95.00 feet left of Cusseta Road East at Station 201+77.07
thence N 71?34'23" W a distance of 13.07 feet to a point 95.00 feet left of
Cusseta Road East at Station 201+64.00 and the POINT OF BEGINNING.
The above described parcel contains ? 0.0 acres (427.5 sq. ft.).
Area 4:
All that tract or parcel of land lying and being in Land Lot 107 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 72.00 feet right of Brennan Road at Station 55+83.00
thence N 2?30'32.5" E a distance of 79.00 feet to a point 72.00 feet right of
Brennan Road at Station 56+62.00 thence N 11?58'16.8" E a distance of 48.66
feet to a point 80.00 feet right of Brennan Road at Station 57+10.00 thence N 2?
30'32.5" E a distance of 60.33 feet to a point 80.00 feet right of Brennan Road
at Station 57+70.33 thence N 79?59'43.4" E a distance of 15.37 feet to a point
95.00 feet right of Brennan Road at Station 57+73.66 thence S 2?30'32.5" W a
distance of 57.66 feet to a point 95.00 feet right of Brennan Road at Station
57+16.00 thence S 9?42'10.7" W a distance of 103.81 feet to a point 82.00 feet
right of Brennan Road at Station 56+13.01 thence S 2?30'32.5" W a distance of
30.01 feet to a point 82.00 feet right of Brennan Road at Station 55+83.00
thence N 87?29'27.5" W a distance of 10.00 feet to a point 72.00 feet right of
Brennan Road at Station 55+83.00 and the POINT OF BEGINNING.
The above described parcel contains ? 0.06 acres (2599.36 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.
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 and the agreed upon settlement with the
owner, the value of $191,700.00 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.
Despite such settlement with the owner, title issues with respect to
such property will prevent the closing thereupon, requiring condemnation
proceedings to be filed.
6.
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.