Agenda Item # 7
Columbus Consolidated Government
Council Meeting
1/22/2013
Agenda Report # 014
TO: Mayor and Council
SUBJECT: Condemnation on Moon Road Reconstruction Project-Parcel 100
7042 Moon Rd
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 100, 7042
Moon Road (map attached) for the Moon Road Reconstruction Project from Wilbur
Drive to Whittlesey Blvd totaling 0.040 +/- acres of Right of Way, 0.004 acres
+/- Permanent Easement, 0.004 acres +/- Temporary Easement Track 1, and 0.004
acres +/- Temporary Easement Track 2, 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.
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: 100
DATE OF R/W PLANS: December 3, 2009
LAST REVISION DATE: March 9, 2011
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 19 of the 8th Land
District of Muscogee County, Georgia, shown colored in yellow on the attached
plat and being more particularly described as follows:
Beginning at a point 52.72 feet right of and opposite Station 92+14.56 on the
proposed construction centerline of Moon Road on City Project 53023 20090 0;
thence running N 01?58'41" E a distance of 225.03 feet to a point 42.97 feet
right of and opposite station 94+39.38 on said proposed construction centerline
for Moon Road; thence running N 30?01'22" E a distance of 22.39 feet to a point
52.63 feet right of and opposite station 94+59.57 on said proposed construction
centerline for Moon Road; thence running S 89?57'21" E a distance of 36.34 feet
to a point 88.86 feet right of and opposite station 94+62.37 on said proposed
construction centerline for Moon Road; thence running S 63?02'35" W a distance
of 48.40 feet to a point 47.56 feet right of and opposite station 94+37.14 on
said proposed construction centerline for Moon Road; thence running S 01?59'50"
W a distance of 169.59 feet to a point 54.85 feet right of and opposite station
92+67.74 on said proposed construction centerline for Moon Road; thence running
S 38?30'32" E a distance of 10.49 feet to a point 62.00 feet right of and
opposite station 92+60.07 on said proposed construction centerline for Moon
Road; thence running S 04?27'42" W a distance of 45.11 feet to a point 62.00
feet right of and opposite station 92+14.96 on said proposed construction
centerline for Moon Road; thence running N 88?01'09" W a distance of 9.29 feet
to the point of beginning. Containing 1743 square feet (0.040 acres), more or
less.
Required Permanent Easement:
The right to construct and maintain any required slopes and drainage structures
within the easement area shown colored orange on the attached plat, and being
more particularly described as follows:
All that tract or parcel of land lying and being in Land Lot 19 of the 8th Land
District of Muscogee County, Georgia.
Beginning at a point 62.00 feet right of and opposite Station 92+14.96 on the
proposed construction centerline of Moon Road on City Project 53023 20090 9;
thence running N 79?31'54" E a distance of 33.97 feet to a point 94.82 feet
right of and opposite station 92+23.71 on said proposed construction centerline
for Moon Road; thence running N 79?32'14" E a distance of 5.36 feet to a point
100.00 feet right of and opposite station 92+25.09 on said proposed
construction centerline for Moon Road; thence S 04?27'50" W a distance of 8.48
feet to a point 100.00 feet right of and opposite station 92+16.61 on said
proposed construction centerline for Moon Road; thence N 88?01'40" W a distance
of 38.04 feet to the point of beginning. Containing 161 square feet (0.004
acres), more or less.
Required Temporary Easement Tract 1:
The right to construct any required slopes within the easement area shown
colored green on the attached plat, and being more particularly described as
follows:
All that tract or parcel of land lying and being in Land Lot 19 of the 8th Land
District of Muscogee County, Georgia.
Beginning at a point 54.85 feet right of and opposite Station 92+67.74 on the
proposed construction centerline of Moon Road on City Project 53023 20090 0;
thence running N 01?59'50" E a distance of 169.56 feet to a point 47.56 feet
right of and opposite station 94+37.14 on said proposed construction centerline
for Moon Road; thence running N 63?02'35" E a distance of 48.40 feet to a point
88.86 feet right of and opposite station 94+62.37 on said proposed construction
centerline for Moon Road; thence S 89?57'17" E a distance of 7.57 feet to a
point 96.41 feet right of and opposite station 94+62.95 on said proposed
construction centerline for Moon Road; thence S 62?02'00" W a distance of 48.76
feet to a point 55.26 feet right of and opposite station 94+36.81 on said
proposed construction centerline for Moon Road; thence S 02?16'37" W a distance
of 176.87 feet to a point 62.00 feet right of and opposite station 92+60.07
on said proposed construction centerline for Moon Road; thence N 38?
30'32" W a distance of 10.49 feet to the point of beginning. Containing 1,447
square feet (0.033 acres), more or less.
Said easement expires upon completion and final acceptance of said
project by the Columbus Consolidated Government.
Required Temporary Easement Tract 2:
The right to construct any required slopes within the easement area shown
colored green on the attached plat, and being more particularly described as
follows:
All that tract or parcel of land lying and being in Land Lot 19 of the 8th Land
District of Muscogee County, Georgia.
Beginning at a point 220.21 feet right of and opposite Station 94+84.04 on the
proposed construction centerline of Moon Road on City Project 53023 20090 0;
thence running N 03?18'19" E a distance of 11.50 feet to a point 250.50 feet
right of and opposite station 94+84.37 on said proposed construction centerline
for Moon Road; thence running S 86?09'49" E a distance of 30.30 feet to a point
220.44 feet right of and opposite station 94+72.54 on said proposed
construction centerline for Moon Road; thence S 72?59'07" W a distance of 32.31
feet to the point of beginning. Containing 174 square feet (0.004 acres), more
or less.
Said easement expires upon completion and final acceptance of said
project by the Columbus Consolidated Government.
Required Driveway Easement:
The right to an easement for the construction of a driveway as shown colored
pink on the attached plat.
Said 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 $14,490.00 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 Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
______________________________
_________________________
Tiny B. Washington, Clerk of Council , Mayor
Attachments