Agenda Item # 7
Columbus Consolidated Government
Council Meeting
08/14/2012
Agenda Report # 090
TO: Mayor and Council
SUBJECT: Condemnation on Brown Avenue Bridge Replacement
Project #BR000-004-00(729) Parcel 14
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 14, 2080
Martin Luther King Blvd. (map attached) for the Brown Avenue Bridge
Replacement over Norfolk Southern Railroad Project # BR000-0004-00(729),
Muscogee County, totaling 0.237 acres +/- of Right of Way and 0.187 +/- acres
for Demolition Easement 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 land under the authority of the
official code of Georgia annotated, Section 32-3-1 et.seq for the Brown Avenue
Bridge Replacement over Norfolk Southern Railroad Project #BR000-004-00(729),
Muscogee County.
Background: The parcel listed above is requested for condemnation because of
the inability to obtain release of enmities that have an interest or claim in a
timely manner.
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 in a timely manner.
Financial Considerations: This project is funded by the CIP Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after completion of the project and the Bridge is turned
over to the City.
Legal Considerations: Council must approve the action by Resolution.
Recommendations/ Actions: Authorizing the City Manager to order the
Acquisition of said lands 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 Brown Avenue Over Norfolk Southern
Bridge Replacement Project, (BR000-0004-00(729)) are such that it is necessary
to immediately acquire easements and lands in the following described property,
to-wit:
PROJECT NO.: BR000-0004-00(729) - Muscogee County
P. I. NO.: 0004729
PARCEL NUMBER: 14
DATE OF R/W PLANS: June 2, 2011
REVISION DATE: June 6, 2012
All that tract or parcel of land lying and being in Land Lot 69 of the 7th Land
District and/or 821 Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 30.2 feet left of and opposite Station 26+85.69 on the
construction centerline of Brown Avenue on Georgia Highway Project No.
BR000-0004-00(729); running thence S 19?27'33" W a distance of 60.81 feet to a
point 44.81 feet left of and opposite station 26+26.22 on said construction
centerline laid out for Brown Ave; thence N 74?00'24" W a distance of 5.28 feet
to a point 50.00 feet left of and opposite station 26+27.15 on said
construction centerline laid out for Brown Ave; thence northeasterly 58.097
feet along the arc of a curve (said curve having a radius of 4950.000 feet and
a chord distance of 58.096 feet on a bearing of N 5?33'19" E) to the point
50.00 feet left of and opposite station 26+85.83 on said construction
centerline laid out for Brown Ave; thence N 84?22'58" W a distance of 5.00 feet
to a point 55.00 feet left of and opposite station 26+85.87 on said
construction centerline laid out for Brown Ave; thence northeasterly 348.130
feet along the arc of a curve (said curve having a radius of 4945.000 feet and
a chord distance of 348.058 feet on a bearing of N 3?12'06" E) to the point
55.00 feet left of and opposite station 30+37.87 on said construction
centerline laid out for Brown Ave; thence N 1?11'06" E a distance of 32.67 feet
to a point 55.00 feet left of and opposite station 30+70.54 on said
construction centerline laid out for Brown Ave; thence S 36?03'58" E a distance
of 46.64 feet to a point 26.77 feet left of and opposite station 30+33.39 on
said construction centerline laid out for Brown Ave; thence southwesterly
345.719 feet along the arc of a curve (said curve having a radius of 5699.578
feet and a chord distance of 345.666 feet on a bearing of S 3?47'49" W) back to
the point of beginning. Containing 0.237 acres more or less. Said property is
shown colored in yellow on a plat attached hereto and made a part hereof and
also filed in the Office of the Right-of-Way Acquisition and Transportation
Planning Coordinator of Columbus, Georgia.
ALSO to be acquired is the right to enter upon such property for the purpose of
removal of a building or improvement within the easement area shown colored
green on the above mentioned plat. Said easement will expire upon the
completion and final acceptance of said project by the Department of
Transportation, which easement area is more particularly described as follows:
Beginning at a point 55 feet left of and opposite Station 26+85.87 on the
construction centerline of Brown Avenue on Georgia Highway Project No.
BR000-0004-00(729); running thence N 84?22'58" W a distance of 30.00 feet to a
point 85.00 feet left of and opposite station 26+86.08 on said construction
centerline laid out for Brown Ave; thence northeasterly 270.423 feet along the
arc of a curve (said curve having a radius of 4915.000 feet and a chord
distance of 270.389 feet on a bearing of N 3?38'24" E) to the point 85.00 feet
left of and opposite station 29+61.18 on said construction centerline laid out
for Brown Ave; thence S 87?56'10" E a distance of 30.00 feet to a point 55.00
feet left of and opposite station 29+61.18 on said construction centerline laid
out for Brown Ave; thence southwesterly 272.283 feet along the arc of a curve
(said curve having a radius of 4945.000 feet and a chord distance of 272.249
feet on a bearing of S 3?38'28" W) back to the point of beginning. Containing
0.187 acres more or less.
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 $87,270.00 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.
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Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of
, 2012, and adopted at said meeting by the affirmative vote of
members of said Council.
Councilor Allen voting
Councilor Baker voting
Councilor Barnes voting
Councilor Davis voting
Councilor Henderson voting
Councilor Huff voting
Councilor McDaniel voting
Councilor Thomas voting
Councilor Turner-Pugh voting
Councilor Woodson voting
TINY B. WASHINGTON, TERESA P. TOMLINSON, Mayor
Clerk of Council of Columbus,
Georgia
Attachments