Columbus, Georgia

A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY

ACQUIRE AN EASEMENT FOR AVIATION AND NOISE IN REGARD TO LOT ONE (1), BLOCK "C"

REGAL MANOR SUBDIVISION, A/K/A 4068 DESOTO DRIVE, COLUMBUS, MUSCOGEE COUNTY,

GEORGIA, TAX MAP IDENTIFICATION NO. 082-058-001; TITLE TO CERTAIN OBJECTS OR

NATURAL GROWTH OBSTRUCTING AIRWAYS AND AN EASEMENT FOR ACCESS OF INGRESS,

EGRESS AND REGRESS TO REMOVE SAID OBJECTS UNDER THE PROVISIONS OF THE OFFICIAL

CODE OF GEORGIA ANNOTATED AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF

SAID INTERESTS FOR AIRPORT PURPOSES AND AUTHORIZING THE FILING OF A DECLARATION

OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES FOR THE ACQUISITION OF

SAID INTEREST UNDER THE AUTHORITY OF THE OFFICIAL CODE OF GEORGIA ANNOTATED,

SECTIONS 6-3-20 AND 32-3-1, ET. SEQ.



RESOLUTION NO.



WHEREAS, it has previously been resolved to acquire an easement for

aviation and noise over certain land, Resolution No. 391-96, the provisions of

which prior Resolution are incorporated by reference herein;

WHEREAS, it has been determined that such aforecited prior Resolution

needs to be amended and restated, all in accordance herewith and pursuant

hereto, so as to more fully delineate and explicate the easements and rights

being acquired and the immediate necessity for same;

WHEREAS, there is determined, once again, that the circumstances in

connection with acquiring aviation and noise easements for the use and

operation of the Columbus Metropolitan Airport are such that it is necessary to

immediately acquire such interests as follows, to-wit:

A perpetual aviation easement, all as is hereinafter more particularly

described, granting unto Columbus, Georgia, a consolidated city-county

government, and unto its successors and assigns, whomsoever, for the benefit of

the public in their use of the Columbus Metropolitan Airport, or of any

successor thereto, the following easements, rights, privileges, and

prerogatives, to-wit:



1. An absolute prohibition for any man-made or natural objects or

structures, of whatsoever kind and nature, to be erected, altered, allowed to

grow, or be maintained, in any way, whatsoever, in the airspace hereinafter

more particularly described.



2. A continuing and perpetual right and easement to take any action

needful or necessary to prevent the erection, alteration, continued growth, or

maintenance, in any way, whatsoever, of any objects or structures, man-made or

natural, of whatsoever kind and nature, in the airspace hereinafter more

particularly described, together with the right of ingress, egress and regress

over, on and through the property of the Condemnees and of their successors and

assigns hereinafter more particularly described to take any such action.



(a) Provided that such right of ingress, egress and regress, as well

as right to take any action needful or necessary to prevent any intrusions into

such airspace hereinafter more particularly described, shall only be exercised

at such reasonable times and shall cause the least damage and inconvenience to

Condemnees and to their successors and assigns as is necessary for Condemnor to

exercise the rights condemned.



(b) Condemnees and their successors and assigns shall keep and

maintain and shall have the right to use their property and the airspace above

it for any and all purposes, whatsoever, not inconsistent with Condemnor's full

enjoyment of the easements and rights condemned, provided that Condemnees shall

not erect or construct any intrusions into such airspace hereinafter more

particularly described, nor allow any natural objects to intrude therein, in

any way, whatsoever, so as to limit Condemnor's full enjoyment of the aviation

easements condemned, all as are herein stipulated.



(c) As part of the easements condemned, Condemnor, and its successors

and assigns, shall have the right, from time to time, to trim, cut down and

clear away any and all trees or other natural intrusions within the airspace

hereinafter more particularly described, and to remove any man-made structures

or objects now existing or hereafter constructed or erected therein.



3. A continuing and perpetual right and easement of flight for the

passage of aircraft in the airspace hereinafter more particularly described,

together with the right and easement to cause in said airspace hereinafter more

particularly described such noise, vibrations, fumes, and other concomitants as

may be inherent in the use of said airspace hereinafter more particularly

described for the landing, taking off or operation of aircraft at the Columbus

Metropolitan Airport, or any successor thereto.



4. The rights and easements condemned shall be binding upon Condemnees

and upon their respective heirs, executors, administrators, successors, and

assigns, whomsoever, and shall enure to the benefit of the successors and

assigns of Condemnor.



5. Such rights and easements condemned shall run with the land in

perpetuity.



Such airspace and the real property in regard thereto for which

aviation easements and rights are being condemned are more particularly shown

on a map or plat prepared by Moon, Meeks, Mason & Vinson, Inc.; dated 19 June

2002; entitled "TREE LOCATION MAP SHOWING RUNWAY PROTECTION ZONE, BLOCK "C",

REGAL MANOR NEAR COLUMBUS METROPOLITAN AIRPORT", and duly recorded in the

Office of the Clerk of the Superior Court in Plat Book 146, Page 68, and on a

map or plat prepared by Moon, Meeks, Mason & Vinson, Inc.; dated 3 August,

2001; entitled "TREE LOCATION MAP BLOCK "C" - REGAL MANOR FOR COLUMBUS

METROPOLITAN AIRPORT (GLIDE SLOPE TO RUNWAY 23), and duly recorded in the

aforesaid Clerk's Office in Deed Book 146, Page 69. Such maps or plats are

duly incorporated by reference herein, and such airspace for which easements

and rights are being condemned is more particularly described as follows,

to-wit:



Commence at an iron stake at the westerly end of an arc with a twenty

foot radius which forms the intersection of the southerly line of DeSoto Drive

and the westerly line of Bush Avenue as said streets are shown on a map or plat

of Regal Manor (a residential subdivision) prepared by Aldridge, Moon, Russell

& King, Civil Engineers; dated 28 March 1955, and duly recorded in Plat Book

12, Folio 133, Office of aforesaid Clerk; thence South 88 degrees 00 minutes 00

seconds West, along the southerly line of Desoto Drive which line is also the

northerly line of Block "C", Regal Manor, 131.20 feet to an iron stake; thence

South 02 degrees 27 minutes 30 seconds East, along the westerly line of Block

"C", Regal Manor, 150.0 feet to an iron stake at the southwest comer of Block

"C", Regal manor, said ground elevation at that point being 425.7 feet

(M.S.L.); thence running vertically toward the zenith, 27.90 feet to an

imaginary Point "A" (elevation 453.6 feet) on the imaginary plane which forms

the lower limits of the 34:1 Runway Protection Zone (aka Glide Slope); said

Runway Protection Zone begins 200.0 feet from the end of Runway 23, of Columbus

Metropolitan Airport at elevation 390.7 and slopes upward toward subject

property North 53 degrees 49 minutes 48 seconds East, rising 1.0 foot every

34.0 feet entering above subject property at Point "A" located above, which is

the POINT OF BEGINNING; thence the plane continues rising at a slope of 34 to

1, North 53 degrees 49 minutes 48 seconds East over all of Block "C", Regal

Manor, exiting Block "C", Regal Manor at Point "B" (elevation 459.4).*



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

FOLLOWS:

1.

That there is an immediate necessity of acquisition of said aviation

easements and/or property interests under the provisions of the Official Code

of Georgia Annotated ??6-3-20 and 32-3-1, 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 aviation easements

and/or property interests by condemnation under the provisions of said Acts, or

otherwise.

3.

That the acquisition of such aviation easements and/or property

interests is needed for public transportation purposes.

4.

That in accordance with an investigation and report made to Columbus,

Georgia by a competent land appraiser, the estimated value of $11,265.00 as

just and adequate compensation to be paid for said acquisition is hereby

determined and approved and said sum is 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 action that

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

aviation easements and/or property interests pursuant to and in accordance with

the provisions of the Official Code of Georgia Annotated ??6-3-20 and 32-3-1,

et. seq., or otherwise.

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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 Rodgers voting



Councilor Smith voting



Councilor Suber voting



Councilor Pugh voting



Councilor Woodson voting







__________________________

Clerk Mayor