Agenda Item # 551
Columbus Consolidated Government
Council Meeting
09/14/2010
Agenda Report # 551
TO: Mayor and Council
SUBJECT: K&L Investment Properties, LLC, a Georgia limited liability
company (Tenant-Church's Fried Chicken) (18th Street @ 5th Avenue) Access
Easement Agreement
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator
Recommendation: Approval is requested to execute an Access Easement Agreement
with K&L Investment Properties, LLC, for the two driveways at Church's Fried
Chicken located at 18th Street/5th Avenue, (405 18th Street).
Background: When 5th Avenue was re-aligned (1999) for the widening and
improvement, a portion of 5th Avenue was abandoned for the new alignment, which
took away the driveway to Church's Fried Chicken. An extended driveway for
public use was installed to connect the new street alignment to Church's Fried
Chicken business. The potential new owners are concerned that any conveyance.
permit or other writings may adversely effect their access to said property.
Normally, the plans that show the access is satisfactory as proof of
access.They need some assurance of approved access to consummate the deal,
thereby requesting this action. (see attached)
Analysis: Access has to be provided to properties along a widened
reconstructed project at the present locations of existing driveways or provide
access where access is taken away. That was done during the construction of
5th Avenue and has been in place since the project was complete in 1999.
Financial Considerations: There are no direct costs to the City.
Legal Considerations: There are no Legal issues. Approving the Access
Easement is recommended to clarify Access.
Recommendations/ Actions: Approve the Resolution authorizing the City Manager
to execute an Access Easement Agreement with K&L Investment Properties,LLC, for
the two driveways on 18th Street at Church's Fried Chicken (405 18th Street).
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING AN ACCESS EASEMENT AGREEMENT TO K&L INVESTMENT
PROPERTIES, LLC, A GEORGIA LIMITED LIABILITY COMPANY (CHURCH'S FRIED CHICKEN AT
405 18TH STREET FOR THE TWO(2) DRIVEWAYS THAT ENTER INTO THEIR PROPERTY
WHEREAS, when a portion of 5th Avenue was re-aligned, widened and improved in
1999, a portion of 5th Avenue was abandoned for the new re-alignment which took
away the driveway to Churches Fried Chicken, and;
WHEREAS, an extended driveway for public use was installed to connect the new
street alignment to Churches Fried Chicken business, and;
WHEREAS, the potential new owners are concerned that any conveyance, permit,
or other writing do not exist that would prove the right for the existing curb
cuts to exist, and;
WHEREAS, the execution of the Access Easement Agreement will secure their
concerns
for access.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN ACCESS EASEMENT
AGREEMENT WITH K&L INVESTMENT PROPERTIES, LLC, A GEORGIA LIMITED LIABILITY
COMPANY (CHURCH'S FRIED CHICKEN AT 405 18TH STREET FOR THE TWO (2) DRIVEWAYS
THAT ENTER INTO THEIR PROPERTY.
________________________
Introduced at a regular meeting of the Council of Columbus, Georgia, held
the ____day of ____________, 2010 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 Turner Pugh voting __________.
Councilor Woodson voting __________.
___________________________________ _____________________________
Tiny B. Washington, Clerk of Council , Mayor
Attachments