Agenda Item # 3
Columbus Consolidated Government
Council Meeting
09/08/2015
Agenda Report # 22
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 7 for the Wynnton Road Master Plan -
Phase I
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 7, 2300
Wynnton Road for the Wynnton Road Master Plan - Phase I, from Cedar Avenue to
Hilton Avenue/13th Street, Muscogee County totaling 237.09 sq. ft. +/- for
Right of Way and 767.67 sq. ft. +/- Permanent 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 referenced project.
Background: The parcel listed above is requested for condemnation
because of 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 80% by GDOT and 20% Midtown
Inc.
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.
A 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 Wynnton Road Master Plan - Phase I,
(CSTEE-0009-00(117)) are such that it is necessary to immediately acquire
easements and lands in the following described property, to-wit:
PROJECT NO.: CSTEE-0009-00(117)
P. I. NO.: 0009117
PARCEL NUMBER: 7
DATE OF R/W PLANS: July 15, 2013
LAST REVISION DATE: August 5, 2015
Required Right-of-Way:
Tract 1:
All that tract 1 or parcel of land lying and being in Land Lot 77, Coweta
Reserve of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 40.18 feet right of Construction Centerline at Station
12+35.90; running thence N 61^45'20.9" E a distance of 14.10 feet thence S
19^39'10.4" W a distance of 19.12 feet thence N 27^52'27.9" W a distance of
12.82 feet back to the point of beginning.
The above described parcel contains ? 0.002 acres (90.38 sq. ft.).
Tract 2:
All that tract 2 or parcel of land lying and being in Land Lot 77, Coweta
Reserve of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 39.93 feet right of Construction Centerline at Station
12+80.00; running thence N 61^45'20.9" E a distance of 91.00 feet thence S
58^42'38.6" W a distance of 45.26 feet thence S 61^35'13.0" W a distance of
29.39 feet thence S 70^23'08.5" W a distance of 16.60 feet back to the point of
beginning.
The above described parcel contains ? 0.003acres (146.71 sq. ft.).
Such required rights-of-way are shown colored yellow on the attached plat,
which plat is also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Permanent Easement:
Tract 1:
All that tract 1 or parcel of land lying and being in Land Lot 77, Coweta
Reserve of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 53.00 feet right of Construction Centerline at Station
12+35.89; running thence N 19^39'10.4" E a distance of 19.12 feet thence N
61^45'20.9" E a distance of 15.00 feet thence S 31^49'28.9" W a distance of
33.71 feet thence N 27^52'35.3" W a distance of 4.00 feet back to the point of
beginning.
The above described parcel contains ? 0.004 acres (154.34 sq. ft.).
Tract 2:
All that tract 2 or parcel of land lying and being in Land Lot 77, Coweta
Reserve of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 40.02 feet right of Construction Centerline at Station
12+65.00; running thence N 61^45'20.9" E a distance of 15.00 feet thence N
70^23'08.5" E a distance of 16.60 feet thence N 61^35'13.0" E a distance of
29.39 feet thence N 58^42'38.6" E a distance of 45.26 feet thence N 61^45'20.9"
E a distance of 55.29 feet thence S 28^12'11.4" E a distance of 2.89 feet
thence S 59^45'08.5" W a distance of 100.46 feet thence S 61^35'13.0" W a
distance of 29.90 feet thence S 73^35'18.7" W a distance of 31.66 feet back to
the point of beginning.
The above described parcel contains ? 0.014 acres (613.33 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, the estimated value of $7,700.00 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.
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.
______________
Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of 2015, and adopted at said
meeting by the affirmative vote of members of said
Council.
Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Buck voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
______________________________ _________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Attachments