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 # 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









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