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 # 6



Columbus Consolidated Government



Council Meeting



06/26/2012



Agenda Report # 068



TO: Mayor and Council



SUBJECT: Columbus Metropolitan Airport - Aviation Easement

(Resolution for Condemnation)



INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,

Transportation

Planning Division







Recommendation: Approval is requested for the acquisition of Parcel

07CSG16-017, 5840 Darral Drive for the Columbus Metropolitan Airport- Air

Rights Aviation Easement and authorizing the Filing of a "Declaration of

Taking" by the City Attorney or his representatives for the acquisition of said

interest under the authority of the official code of Georgia annotated,

Sections 6-3-20 and 32-3-1 et.seq.



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 Columbus Metropolitan Airport to proceed with the

project.



Financial Considerations: This project is funded by the Columbus Metropolitan

Airport Funds.



Projected Annual Fiscal Impact Statement: N/A.



Legal Considerations: Council must approve the action by resolution.



Recommendations/ Actions: Authorizing the acquisition of said property through

condemnation for the Columbus Metropolitan Airport -Air Rights Aviations

Easement 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, Sections 6-3-20 and 32-3-1

et-seq.

















RESOLUTION



NO. # _____





A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY

ACQUIRE AN EASEMENT FOR AVIATION AND NOISE IN REGARD TO LOT 900, REPLAT PART OF

LOT 9, BLOCK A, MORNINGSIDE, A/K/A 5840 DARRAL DRIVE, COLUMBUS, MUSCOGEE

COUNTY, GEORGIA, TAX MAP IDENTIFICATION NO. 083-010-042, TITLE TO CERTAIN

OBJECTS OR NATURAL GROWTH OBSTRUCTING AIRWAYS AND AN EASEMENT FOR ACCESS OF

INGRESS, EGRESS AND REGRESS TO REMOVE SAID OBJECTS UNDER THE PROVISIONS OF THE

OFFICIAL CODE OF GEORGIA ANNOTATED AUTHORIZING THE MAYOR TO ORDER THE

ACQUISITION OF SAID INTERESTS FOR AIRPORT PURPOSES AND AUTHORIZING THE FILING

OF A DECLARATION OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES FOR THE

ACQUISITION OF SAID INTEREST UNDER THE AUTHORITY OF THE OFFICIAL CODE OF

GEORGIA ANNOTATED, SECTIONS 6-3-20 AND 32-3-1, ET. SEQ.



WHEREAS, it is determined that the circumstances in connection with

acquiring aviation and noise easements for the use and operation of the

Columbus Metropolitan Airport are such that it is necessary to immediately

acquire such interests as follows, to-wit:



A perpetual aviation easement, all as is hereinafter more particularly

described, granting unto Columbus, Georgia, a consolidated city-county

government, and unto its successors and assigns, whomsoever, for the benefit of

the public in their use of the Columbus Metropolitan Airport, or of any

successor thereto, the following easements, rights, privileges, and

prerogatives, to-wit:



1. An absolute prohibition for any man-made or natural objects or

structures, of whatsoever kind and nature, to be erected, altered, allowed to

grow, or be maintained, in any way, whatsoever, in the airspace hereinafter

more particularly described.



2. A continuing and perpetual right and easement to take any action

needful or necessary to prevent the erection, alteration, continued growth, or

maintenance, in any way, whatsoever, of any objects or structures, man-made or

natural, of whatsoever kind and nature, in the airspace hereinafter more

particularly described, together with the right of ingress, egress and regress

over, on and through the property of the Condemnees and of their successors and

assigns hereinafter more particularly described to take any such action.



(a) Provided that such right of ingress, egress and regress, as well

as right to take any action needful or necessary to prevent any intrusions into

such airspace hereinafter more particularly described, shall only be exercised

at such reasonable times and shall cause the least damage and inconvenience to

Condemnees and to their successors and assigns as is necessary for Condemnor to

exercise the rights condemned.



(b) Condemnees and their successors and assigns shall keep and

maintain and shall have the right to use their property and the airspace above

it for any and all purposes, whatsoever, not inconsistent with Condemnor's full

enjoyment of the easements and rights condemned, provided that Condemnees shall

not erect or construct any intrusions into such airspace hereinafter more

particularly described, nor allow any natural objects to intrude therein, in

any way, whatsoever, so as to limit Condemnor's full enjoyment of the aviation

easements condemned, all as are herein stipulated.



(c) As part of the easements condemned, Condemnor, and its successors

and assigns, shall have the right, from time to time, to trim, cut down and

clear away any and all trees or other natural intrusions within the airspace

hereinafter more particularly described, and to remove any man-made structures

or objects now existing or hereafter constructed or erected therein.



3. A continuing and perpetual right and easement of flight for the

passage of aircraft in the airspace hereinafter more particularly described,

together with the right and easement to cause in said airspace hereinafter more

particularly described such noise, vibrations, fumes, and other concomitants as

may be inherent in the use of said airspace hereinafter more particularly

described for the landing, taking off or operation of aircraft at the Columbus

Metropolitan Airport, or any successor thereto.



4. The rights and easements condemned shall be binding upon Condemnees

and upon their respective heirs, executors, administrators, successors, and

assigns, whomsoever, and shall enure to the benefit of the successors and

assigns of Condemnor.



5. Such rights and easements condemned shall run with the land in

perpetuity.



Such airspace and the real property in regard thereto for which

aviation easements and rights are being condemned are more particularly shown

on a map or plat prepared by Moon, Meeks, Mason & Vinson, Inc., Civil

Engineers; dated April 19, 2012; entitled "TREE LOCATION MAP LOT 900 REPLAT OF

PART OF LOT 9, BLOCK ?A? MORNINGSIDE FOR COLUMBUS METROPOLITAN AIRPORT (GLIDE

SLOPE TO RUNWAY 24) COLUMBUS, MUSCOGEE COUNTY, GEORGIA, a copy of which is

attached hereto and made a part hereof. Such map or plat is duly incorporated

by reference herein, and such airspace for which easements and rights are being

condemned is more particularly described as follows, to-wit:



The data below is shown on said map or plat to describe the lower

limits of the 34:1 Runway Protection Zone (aka Glide Slope); said Runway

Protection Zone (R.P.Z.) begins 200.0 feet from the end of Runway 24 of

Columbus Metropolitan Airport at elevation 390.7 feet (all elevations herein

refer to mean sea level, M.S.L.) and slopes upward toward subject property

North 53 degrees 49 minutes 48 seconds East, rising 1.0 foot every 34 feet

entering subject property at Point ?A?; being more particularly described as

follows: Commence at an iron stake marking the intersection of the southerly

line of Frazier Drive and the westerly line of Morningside Drive; thence

southerly along the westerly line of Morningside Drive, 374.88 feet to an iron

stake; thence leaving said Morningside Drive, South 87 degrees 18 minutes

46 seconds West, 200.0 feet to an iron stake; thence South 02 degrees 35

minutes 23 seconds East, 75.10 feet to an iron stake; thence South 87

degrees 16 minutes 48 seconds West, 90.0 feet to an iron stake; thence

South 87 degrees 16 minutes 48 seconds West, 483.99 feet to an iron stake

at the southwesterly corner of Lot 900, the ground elevation at that point

being 394.2 feet; thence running vertically toward the zenith, 76.9 feet to

an imaginary Point ?A? (elevation 471.1 feet) on the imaginary plane which

forms the lower limits of the 34:1 R.P.Z. and the POINT OF BEGINNING; thence

the plane continues rising at a slope of 34:1, North 53 degrees 49 minutes 48

seconds East over all of Lot 900, exiting Lot 900 at Point ?B? (elevation

486.4 feet).



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

FOLLOWS:

1.

That there is an immediate necessity of acquisition of said aviation

easements and/or property interests under the provisions of the Official Code

of Georgia Annotated ??6-3-20 and 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 acquisition of said aviation

easements and/or property interests by condemnation under the provisions of

said Acts, or otherwise.

3.

That the acquisition of such aviation easements and/or property

interests is needed for public transportation purposes.

4.

That in accordance with an investigation and report made to Columbus,

Georgia by a competent land appraiser, the estimated value of $8,200.00 as just

and adequate compensation to be paid for said acquisition is hereby determined

and approved and said sum is 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 action that

they may deem needful, necessary, advisable, or proper for acquisition of said

aviation easements and/or property interests pursuant to and in accordance with

the provisions of the Official Code of Georgia Annotated ??6-3-20 and 32-3-1,

et. seq., or otherwise.





___________________



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 __________.

Councilor Huff __________.

Councilor McDaniel __________.

Councilor Thomas voting __________.

Councilor Turner-Pugh voting __________.

Councilor Woodson voting __________.







_____________________________ _______________________________

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











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