To

Mayor and Council

Subject

Amend Resolution No. 469-01

Initiator

City Manager's Office

Recommendation

Approve the attached Resolution amending Resolution No. 469-01 to authorize the \n \n condemnation of property located at 3332 Gentian Boulevard and identified as \n \n Tax Map Parcel 069-023-010.

Approval

Approved

Background

On September 4, 2001, Resolution Number 469-01 was approved authorizing

acquisition, condemnation and disposition of 67,781 Sq ft +/-. to include a

small private cemetary located on site. The above referenced Resolution is

amended solely to change the description of the property. The property is to

be identified as described on "Replat of Land Lot 33, 8th District", as

prepared by Moon, Meeks, Mason & Vinson, Inc.; dated November 8, 2001.

Analysis

The property consist of 1.071 acres. Subject property is zoned R-1A.

Financial Considerations

Columbus State University agrees to reimburse the City of Columbus for any

costs associated with the condemnation and transfer.

Projected Annual Fiscal Impact Statement

Legal Considerations

Council must approve the condemnation of real estate.

Recommendations/ Actions

Approve the attached Resolution amending Resolution No. 469-01, authorizing the

City Manager to condemn and dispose of the property identified in the amended

Respolution.



















RESOLUTION



NO._______









A RESOLUTION AMENDING RESOLUTION NO 469-01 AND CONSENTING TO COLUMBUS,

GEORGIA'S CONDEMNATION OF PARCEL 200, 1.071 ACRES, AND BEING PART OF LAND LOT

33 OF THE 8TH DISTRICT OF COLUMBUS, MUSCOGEE COUNTY, GEORGIA, A/K/A 3332

GENTIAN BOULEVARD, TAX MAP IDENTIFICATION NO. 069-023-010



NO.



WHEREAS, it is necessary for the purposes of expanding and developing

Columbus State University that Columbus, Georgia acquire and be vested with the

fee simple title, state, or interest in the following described property and/or

property interests therein, to-wit:

All that lot, tract or parcel of land situate, lying and being in Land Lot 33

of the 8th District of Columbus, Muscogee County, Georgia, and being

denominated as "PARCEL 200 1.071 AC." on that certain map or plat entitled

"REPLAT OF PART OF LAND LOT 33, 8th DISTRICT", which map or plat was prepared

by Moon, Meeks, Mason & Vinson, Inc.; is dated November 8, 2001, and is duly

recorded in the Office of the Clerk of the Superior Court of Muscogee County,

Georgia, in Plat Book 145, Page 46. Such map or plat is duly incorporated by

reference herein, and reference to such map or plat is made for the exact metes

and bounds description of said 1.071 acre parcel to be acquired in accordance

herewith.



--together with and including all rights, members and appurtenances belonging

or in any manner appertaining to said lands (including without limitation any

rights and easements appurtenant to said lands that extend beyond the

boundaries thereof into adjacent or surrounding properties), all improvements,

trees and shrubbery thereon.



There shall be reserved by and granted unto condemnees as part of such

acquisition the right of pedestrian access of ingress, egress and regress to

and from Gentian Boulevard and "Lindsay Cemetery", but only by use of that

certain "15' Access Easement", all as shown on said map or plat, which access

easement may be changed in the future by Columbus, Georgia or by its successors

or assigns, in their sole judgment and absolute discretion, to another location

on the subject property, provided that such other easement location provides

similar suitable accessibility to and from said Cemetery and such change in

easement location is necessary for the development of the subject property.



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS

FOLLOWS:

1.

That there is a necessity of acquisition of said property and/or

property interests therein under the provisions of the Official Code of Georgia

Annotated ?22-2-100, et. seq.

2.

That the Mayor of Columbus, Georgia be, and he hereby is, authorized to

issue such orders and file such papers in the courts and enter into such

agreements as he deems necessary for the acquisition of said property and/or

property interests therein, by condemnation under the provisions of said Act,

or otherwise.

3.

That acquisition of such property and/or property interests therein is

needed for public educational purposes.

4.

That the Mayor, City Manager, and City Attorney, or their

representatives, are hereby authorized to take any and all lawful action that

they deem needful, necessary, advisable, or proper for acquisition of said

property and/or property interests therein pursuant to and in accordance with

the provisions of the Official Code of Georgia Annotated ?22-2-100 et. seq., or

otherwise.

5.

That it is desirable to have a judicial ascertainment and judicial

supervision of all questions and proceedings connected with the condemnation of

said property and/or property interests therein and the determination of the

just and adequate compensation to be paid to the condemnees for the acquisition

thereof.

6.

That Columbus, Georgia, through its properly constituted officers and

representatives, is willing to pay the true owners and persons having an

interest therein just and adequate compensation for said property and/or

property interests therein sought to be condemned and all damages to which the

respective owners are legally entitled.

*****************************************************************

Introduced at a regular meeting of the Council of Columbus, Georgia,

held on the day of , 2002, and adopted at said meeting

by the affirmative vote of members of said Council.



Councilor Allen voting



Councilor Henderson voting



Councilor Hunter voting



Councilor McDaniel voting



Councilor Poydasheff voting



Councilor Rodgers voting



Councilor Smith voting



Councilor Suber voting



Councilor Turner Pugh voting



Councilor Woodson voting









Tiny B. Washington, Clerk Bobby G. Peters, Mayor

No attachments for this document.