Agenda Item # 5
Columbus Consolidated Government
Council Meeting
6/11/2013
Agenda Report # 94
TO: Mayor and Council
SUBJECT: Condemnation on Moon Road Reconstruction Project-Parcel 32,
6316 Moon Rd
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 32, 6316
Moon Road (map attached) for the Moon Road Reconstruction Project from Wilbur
Drive to Whittlesey Blvd totaling 0.020 +/- acres of Right of Way, 0.004
acres+/- of Temporary Easement plus a Driveway 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 obtain releases of entities that have interest or claim to
this parcel in a timely manner.
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and 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 by the SPLOST Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after the completion of the project and the Bridge is turned
over to the City.
Legal Considerations: This action requires Council's approval 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.
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 Moon Road from Wilbur Drive to
Whittlesey Boulevard Project, (53023 20090 0), are such that it is necessary
to immediately acquire easements and lands in the following described property,
to-wit:
PROJECT NO.: 53023 20090 0
P. I. NO.: n/a
PARCEL NUMBER: 32
DATE OF R/W PLANS: December 3, 2009
LAST REVISION DATE: February 2, 2010
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 18 of the 8th Land
District and/or --- Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 26.95 feet right of and opposite station 43+30.93 on the
proposed construction centerline of Moon Road on Georgia Highway Project
STP-8060-00(002); thence along a curve to the left with an arc length of 44.86
feet, with a radius of 1940.08 feet, with a chord bearing of N 01?15'06" E,
with a chord length of 44.86 feet to a point 25.72 feet right of and opposite
station 43+75.25 on said proposed construction centerline of Moon Road South;
thence running N 00?36'48" E a distance of 29.98 feet to a point 25.05 feet
right of and opposite station 44+04.89 on said proposed construction centerline
for Moon Road South; thence running S 89?27'31" E a distance of 9.95 feet to a
point 35.00 feet right of and opposite station 44+05.06 on said proposed
construction centerline for Moon Road South; thence along a curve to the right
with an arc length of 40.68 feet, with a radius of 2285.00 feet, with a chord
bearing of S 02?00'22" W, with a chord length of 40.68 feet to a point 35.00
feet right of and opposite station 43+64.00 on said proposed construction
centerline of Moon Road South; thence running S 87?28'41" E a distance of 5.00
feet to a point 40.00 feet right of and opposite station 43+65.00 on said
proposed construction centerline for Moon Road South; thence along a curve to
the right with an arc length of 34.34 feet, with a radius of 2290.00 feet, with
a chord bearing of S 02?56'58" W, with a chord length of 34.34 feet to a point
40.00 feet right of and opposite station 43+31.26 on said proposed construction
centerline of Moon Road South; thence running N 88?05'43" W a distance of 13.06
feet to the point of beginning. Containing 850 square feet (0.020 acres), more
or less.
Such required right-of-way is 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 Temporary Easements:
ALSO, the right to construct any required slopes within the easement areas
shown colored green 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, to-wit:
All that tract or parcel of land lying and being in Land Lot 18 of the 8th Land
District and/or --- Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 35.00 feet right of and opposite Station 43+65.00 on the
proposed construction centerline of Moon Road on Georgia Highway Project
STP-8060-00(002); thence along a curve to the left with an arc length of 40.68
feet, with a radius of 2285.00 feet, with a chord bearing of N 02?00'22" E,
with a chord length of 40.68 feet to a point 35.00 feet right of and opposite
station 44+05.06 on said proposed construction centerline for Moon Road South;
thence running S 89?27'10" E a distance of 4.50 feet to a point 39.50 feet
right of and opposite station 44+05.13 on said proposed construction centerline
for Moon Road South; thence running S 01?18'17" W a distance of 40.84 feet to a
point 40.00 feet right of and opposite station 43+65.00 on said proposed
construction centerline for Moon Road South; thence running N 87?28'41" W a
distance of 5.00 feet to the point of beginning. Containing 191 square feet
(0.004 acres), more or less. 1 and 2, expire upon completion and final
acceptance of said project by the Columbus Consolidated Government.
Said latter slope easement expires upon completion and final acceptance of said
project by the Columbus Consolidated Government.
Required Temporary Driveway Easement:
The right to an easement for the construction of a driveway as shown colored
purple on the attached plat.
Said latter driveway easement expires upon completion and final acceptance of
said project by the Columbus Consolidated Government.
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 $2,000.00 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
, 2013 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, Clerk of Council , Mayor
Attachments