Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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

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