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 # 4



Columbus Consolidated Government

Council Meeting

03/27/2018



Agenda Report # 94



TO: Mayor and Council



SUBJECT: Levy Road-Closure and Abandonment



INITIATED BY: Engineering Department





Recommendation: Approval is requested to authorize the changing of the

Official Street Map and Tax Maps of the Consolidated Government of Columbus,

Georgia by officially closing and abandoning a segment of Levy Road beginning

at the end of the official right of way of Levy Road and extending eastward to

its intersection with the west right of way line for Benning Drive; authorize

the coordination of design and construction of a permanent turn around with the

property owner/developer of the parcel; reserving utility easements; and for

other purposes.



Background: A portion of Levy Road located south of Victory Drive is currently

located on private property owned by Anthony George Kontaxis. The owner is

considering selling the property. A developer recently submitted plans to the

Department of Engineering. During the review phase it was noted that a full

access driveway could not be granted to Benning Drive due to the close

proximity to the Levy Road intersection. During discussions with the

owner/developer/staff, it was agreed that if the road was officially closed

then a full access could be granted. A public meeting was held on January 16,

2018 with 9 people in attendance including staff and owner representatives. A

notice of the meeting was hand delivered to businesses along the street as

well as a Variable Message Board placed advertising the meeting. A notice was

run in the Ledger - Enquirer. Four of the attendees were uncommitted on their

support for the project with one against. The road is currently used for

cut-through traffic with other routes available. An update was given at the

January 23, 2018 Council meeting.



Analysis: A title search performed by Jacob Beil Law Firm yielded the road is

currently located on private property with the City having prescriptive

rights. There will be limited opportunities for redevelopment of this property

with the road being opened and restrictions of access. The owner could

possibly seek relief from the courts to have the road closed. Staff believes

it is in the best interest of the City and Property Owner to work together to

officially close the road with the road remaining open until such time a

permanent turn around can be designed and constructed. The proper time to do

this is when a development is proposed and engineered to avoid conflicts.

Subsequent meetings have been held with the existing owner and he concurs with

this proposal.



Financial Considerations: The City would be responsible for the engineering

and construction cost of a new turn around.



Projected Annual Fiscal Impact Statement: The City would continue maintenance

of the road until agreement with the new developer at which time the City would

pay the cost of the new turn around and be free of any ongoing maintenance

obligation for the portion of road that is closed.



Legal Considerations: Council approval is required to close and abandon public

streets.



Recommendations/ Actions: Approval is requested to authorize the changing of

the Official Street Map and Tax Maps of the Consolidated Government of

Columbus, Georgia by officially closing and abandoning a segment of Levy Road

beginning at the end of the official right of way of Levy Road and extending

eastward to its intersection with the west right of way line for Benning Drive;

authorize the coordination of design and construction of a permanent turn

around with the property owner/developer of the parcel; reserving utility

easements; and for other purposes.













A RESOLUTION

NO. _____

A RESOLUTION AUTHORIZING THE CHANGING OF THE OFFICIAL STREET MAP AND TAX MAPS

OF THE CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA BY OFFICIALLY CLOSING AND

ABANDONING A SEGMENT OF LEVY ROAD SOUTH OF VICTORY DRIVE BEGINNING AT THE

EASTERN END OF THE EXISTING RIGHT OF WAY AND EXTENDING EASTWARD TO ITS

INTERSECTION WITH THE WEST RIGHT OF WAY LINE FOR BENNING DRIVE; AUTHORIZING THE

COORDINATION OF DESIGN AND CONSTRUCTION OF A PERMANENT TURN AROUND WITH THE

PROPERTY OWNER/DEVELOPER OF THE PARCEL AT SUCH TIME THE PROPERTY IS

REDEVELOPED; RESERVING UTILITY EASEMENTS; AND FOR OTHER PURPOSES.

WHEREAS, a portion of Levy Road south of Victory Drive is located on private

property; and,

WHEREAS, the current intersection configuration limits the ability to meet

current design standards for driveway access and will limit redevelopment

opportunities of the property; and,

WHEREAS, the Department of Engineering has determined this street segment is

not critical to traffic flow in the area with alternate routes available.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

SECTION I.

The "Official Street Map, Consolidated Government of Columbus,

Georgia" maintained in accordance with Section 18.1 of the Columbus Code and

appropriate Tax Map are hereby amended by deleting the following property from

said maps:

All that portion of Levy Road east of the end of the official right of

way for Levy Road formerly Esquiline Road show as paved portion of Lot 21 on

plat prepared by Abram Siegle dated December 20, 1950 and recorded in Plat

Book 7 Folio 37 .

Together with and subject to covenants, easements, and restrictions of

record.

A copy of the survey drawing entitled Plat of Lot 21 Subdivision of

Lands of F. Marion & Arthur C. Levy, Land Lot 9 of 7th District of Muscogee

County, Georgia, showing the above described property is attached to this

Resolution as Exhibit "A".

SECTION II.

That the Council finds that the segment of Levy Road described in

Section I. above no longer serves a substantial public purpose. This

abandonment is hereby declared to be in the best public interest. Accordingly,

said segment is hereby declared abandoned and removed from the Official Street

Map of Columbus, Georgia in accordance with O.C.G.A. Section 32-7-2(c). The

City Manager is hereby authorized to coordinate with the property

owner/developer at the appropriate time to design and construct a permanent

turn around if determined in the best interest of the Consolidated Government

of Columbus, Georgia.

SECTION III.

All existing utility easements known and unknown in the Street Segment

shall be reserved.

___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held

the ____ day of _________ 2018 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 Garrett voting __________.

Councilor Huff voting __________.

Councilor Thomas voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.







_______________________________ ________________________

Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor

Attachments


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