Agenda Item # 5
Columbus Consolidated Government
Council Meeting
8/14/2012
Agenda Report # 088
TO: Mayor and Council
SUBJECT: Brown Avenue Bridge Replacement - Condemnation
Project # BR000-0004-00(729) Parcel 9 -
2071 Mason Street
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 9, 2071
Mason Street (map attached) for the Brown Avenue Bridge Replacement over
Norfolk Southern Railroad, Project # BR000-0004-00(729), Muscogee County
totaling 0.115 acres +/- of Right of Way plus a Drive Way 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 an interest or claim to
parcel in a timely manner.
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and to 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 CIP Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after 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.
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 Brown Avenue Over Norfolk Southern
Bridge Replacement Project, (BR000-0004-00(729)) are such that it is necessary
to immediately acquire easements and lands in the following described property,
to-wit:
PROJECT NO.: BR000-0004-00(729) - Muscogee County
P. I. NO.: 0004729
PARCEL NUMBER: 9
DATE OF R/W PLANS: June 2, 2011
REVISION DATE: n/a
All that tract or parcel of land lying and being in Land Lot 69 of the 7th Land
District and/or 829 Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 47.54 feet left of and opposite Station 61+24.39 on
the construction centerline of Brown Ave. on Georgia Highway Project No.
BR000-004-00(729) Muscogee County; running thence N 81?51'12" E a distance of
60.49 feet to a point 28.51 feet left of and opposite station 61+81.81 on said
construction centerline laid out for Bragg Smith St.; thence S 3?25'14" W a
distance of 5.00 feet to a point 24.18 feet left of and opposite station
61+79.32 on said construction centerline laid out for Bragg Smith St.; thence S
81?55'25" W a distance of 52.98 feet to a point 40.90 feet left of and opposite
station 61+29.04 on said construction centerline laid out for Bragg Smith St.;
thence N 61?31'49" W a distance of 8.10 feet back to the point of beginning.
Containing 0.006 acres more or less. Said property is shown colored in yellow
on a plat attached hereto and made a part hereof and also filed in the Office
of the Right-of-Way Acquisition and Transportation Planning Coordinator of
Columbus, Georgia.
ALSO granted is the right to an easement for the construction of a driveway as
shown colored pink on said plat. Said easement expires upon completion and
final acceptance of said project by the Department of Transportation.
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 $4,000.00 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 __________________, 2012 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 Teresa Pike Tomlinson, Mayor
Attachments