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 # 2



Columbus Consolidated Government



Council Meeting



01/26/2010



Agenda Report # 464



TO: Mayor and Council



SUBJECT: Riverwalk Gift of Limited Warranty Deed - W. C. Bradley

Company/Eagle Phenix Hydro Co.



INITIATED BY: Planning Department







Recommendation: Approval is requested to enter into a Memorandum of

Understanding for a Gift of Limited Warranty Deed for right of way needed for

the Riverwalk between 13th and 14th Streets.



Background: Final design plans are being completed for the section of

the Riverwalk between 13th and 14th Streets. To meet the funding requirements

of the Georgia Department of Transportation (GDOT), the city must certify

ownership or control of all of the necessary right of way for the project. A

small portion of the project will require property from the W.C. Bradley

Company and Eagle Phenix Hydro Company, Inc., which both have agreed to gift to

the city for this project.



Analysis: By accepting this Gift of Limited Warranty Deed, the city will be

able to certify that it has the right of way for this project. In turn, both

Bradley and Hydro will be able access and make minor alterations to the

Riverwalk that will help in future development of any property they may own

along this section of the Riverwalk.



Financial Considerations: The property (right of way) will be a gift to the

city.



Legal Considerations: The city will enter into a Memorandum of Understanding to

accept the Deed of Gift from the W. C. Bradley Company and the Eagle Phenix

Hydro Company. In exchange, the companies will be allowed to make minor

alterations (at the companies expense and under the review of the city) to the

Riverwalk



Recommendations/ Actions: Approve the resolution authorizing the City Manager

to enter into a Memorandum of Understanding and to accept on behalf of the

City, a Deed of Gift for right of way needed for the Riverwalk between 13th and

14th Streets.











A RESOLUTION



NO. _____

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GIFT OF LIMITED WARRANTY

DEED FROM W.C. BRADLEY COMPANY AND EAGLE & PHENIX HYDRO COMPANY, INC., FOR THE

PURPOSE OF EXTENDING THE COLUMBUS RIVERWALK PROJECT AND TO ENTER INTO A

MEMORANDUM OF UNDERSTANDING FOR SAID PURPOSES.

WHEREAS, W.C. Bradley and Eagle Phenix Hydro Company, Inc., are in the process

of restoring and developing property adjacent to the proposed extension of the

Riverwalk between 13th Street to 14th Street; and,

WHEREAS, the City is in the process of extending its Riverwalk Project between

13th Street to 14th Street needing said property to continue the Riverwalk;

and,

WHEREAS, the attached Exhibit "A" describes the Gift of Limited Warranty Deed,

subject to the attached Memorandum of Understanding.

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

RESOLVES:

That the City Manger is hereby authorized to accept a Gift of Limited

Warranty Deed from W. C. Bradley Company and Eagle and Phenix Hydro, Co., Inc.,

for the purpose of extending the Columbus RiverWalk Project, and to enter into

the attached Memorandum of Understanding necessary to implement said Project.

___________

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

the _________day of _____________, 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



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