RESOLUTION
NO. _______
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE AN EASEMENT FOR AVIATION AND NOISE IN REGARD TO LOT 9, BLOCK E, REGAL
MANOR SUBDIVISION, A/K/A 4149 DESOTO DRIVE, COLUMBUS, MUSCOGEE COUNTY, GEORGIA,
TAX MAP IDENTIFICATION NO. 082-048-014, 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.
WHEREAS, there is determined 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 Transportation Systems Design, Inc.; dated March 14, 2006;
entitled "LOT SURVEY FOR COLUMBUS AIRPORT COMMISSION ADDRESS: 4149 DESOTO
DRIVE?, and duly recorded in the Office of the Clerk of the Superior Court in
Plat Book 157, Page 8, and on a map or plat prepared by Transportation Systems
Design, Inc.; dated March 14, 2006; entitled "LOT SURVEY FOR COLUMBUS AIRPORT
COMMISSION ADDRESS: 4149 DESOTO DRIVE?, and duly recorded in the aforesaid
Clerk's Office in Deed Book 157, Page 9. 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:
All that lot, tract or parcel of land situate, lying and being in the 8th
District, Columbus, Muscogee County, Georgia and being more particularly and
being known and designated as ALL OF LOT NUMBERED NINE (9), in BLOCK LETTERED
?E?, of the REGAL MANOR SUBDIVISION, as shown by a map or plat of said
subdivision dated 28 March, 1955, made my Aldridge, Moon, Russell & King, Civil
Engineers, and recorded in Plat Book 12, Page 133 in the Office of the Clerk of
Superior Court, Muscogee County, Georgia, to which map or plat reference is
made for the particular location and dimension of said lot, which lot fronts
100 feet on the northern line of Desoto Drive, and which easement is more
particularly described as follows:
Beginning at a point on the North r/w of Desoto Drive at the intersection with
Bush Avenue, proceed in an Easterly direction approximately 185 feet to a point
at the Southwest corner of LOT NUMBERED NINE (9), in BLOCK LETTERED ?E?, of the
REGAL MANOR SUBDIVISION, said ground elevation is at that point being 390.5
feet (M.S.L.); thence running vertically toward the zenith, 76.4 feet to an
imaginary Point ?A? (elevation 466.9 feet) on the imaginary plane which forms
the lower limits of the 34:1 Runway Protection Zone (a.k.a. Glide Slope); said
runway protection zone begins 200.0 feet from the end of Runway 23, of Columbus
Metropolitan Airport at elevation 390.4 feet and slopes upward toward the
subject property North 53 Degrees, 49 Minutes, 47 Seconds East, rising 1.0 foot
every 34.0 feet entering above subject property at Point ?A? located above,
which is the POINTOF BEGINNING; thence the plane continues rising at a slope of
34 to 1, North 53 Degrees , 49 Minutes, 47 Seconds East, over said parcel, LOT
NUMBERED NINE (9), in BLOCK LETTERED ?E?, of the REGAL MANOR SUBDIVISION,
exiting Lot 9), in BLOCK LETTERED ?E?, of the REGAL MANOR SUBDIVISION, at Point
?B? (elevation 472.2 feet).
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 $6,355.00 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.
Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of 2006, and
adopted at said meeting by the affirmative vote of members of said
Council.
Councilor Allen voting __________.
Councilor Anthony voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Hunter voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Rodgers voting __________.
Councilor Suber voting __________.
Councilor Woodson voting __________.
_________________________
_____________________________
Tiny B. Washington, Clerk of Council Robert S. Poydasheff, Mayor
Attachments
No attachments for this document.