Agenda Item # 1
Columbus Consolidated Government
Council Meeting
5/13/2014
Agenda Report # 112
TO: Mayor and Council
SUBJECT: Correction of Condemnation on Parcel 136 of Forrest Road
Improvement Project
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested to amend Resolution #1114-14 to include
the description of the Temporary Construction Easement for the acquisition of
Parcel 136 5768 Forrest Road (map attached) for the Forrest Road Improvement
Project Muscogee County totaling 0.01 acres +/- of Right of Way, Temporary
Construction Easement totaling 0.01 acres+/-, plus two (2) Drive Way Easement
for County Road and/or Municipal Street purposes, and authorizing the filing of
the Corrected action for the 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: Resolution #111-14 was approved in the April 8th Council Session.
It is necessary to take Corrective action to include the description of the
Temporary Construction Easement on the parcel listed above that was mistakenly
left out of Original Resolution #111-14. Condemnation is requested because of
the inability to retain releases from Mortgage Company or others with interest
to said property and/or the inability to come to a reasonable solution.
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 SPLOST Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after completion of the project.
Legal Considerations: Council must approve the action by Resolution.
Recommendations/ Actions: Authorize the City Manager to order the corrective
action to include the description of the Temporary Construction Easement, for
the acquisition of said land for County Road and/or Municipal Street purpose,
and authorizing the filing of the corrected action of the 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.
A 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 Forrest Road Project are such that
it is necessary to immediately acquire easements and lands in the following
described property, to wit:
PROJECT NO.: 53009-2022
P.I. NO.: N/A
PARCEL NUMBER: 136
DATE OF R/W PLANS: September 7, 2012
REVISION DATE: March 6, 2013
All that tract or parcel of land lying and being in Land Lot 23 of the 9th
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 30.61 feet right of and opposite Station 178+55.68 on the
construction centerline laid out for Forrest Road; thence S 28?55'29.943" E a
distance of 4.40 feet to a point 35.00 feet right of and opposite Station
178+55.31 on said construction centerline laid out for Forrest Road; thence
westerly 134.09 feet along the arc of a curve (said curve having a radius
925.35 feet and a chord distance of 133.98 feet on a bearing of S 52?09'06" W)
to the point 35.00 feet right of and opposite Station 177+16.14 on said
construction centerline laid out for Forrest Road; thence N 40?37'20.939" W a
distance of 4.58 feet to a point 30.43 feet right of and opposite Station
177+16.25 on said construction centerline laid out for Forrest Road; thence
northeasterly distance of 135.00 feet along the arc of a curve (said curve
having a radius of 925.30 feet and a chord distance of 134.88 feet on a bearing
of N 52?14'42" E) to the point of beginning. Containing 0.01 acres more or less.
Such required right-of-way is shown in yellow on the attached plat, which plat
is also on file in the Office of the Right of Way Acquisition & Transportation
Planning Coordinator of Columbus, Georgia.
Also, granted is the right to an easement for the construction of slopes as
shown colored green on the attached plat, being more particularly described as
follows:
Beginning at a point 35.00 feet right of and opposite Station 177+59.12 on the
construction centerline laid out for Forrest Road; thence northeasterly 51.72
feet along the arc of a curve (said curve having a radius of 925.35 feet and a
chord distance of 51.71 feet on a bearing of N 52?09?57? E) to the point 35.00
feet right of and opposite station 178+12.80 on said construction centerline
laid out for Forrest Road; thence S 35?15?45.70? E a distance of 5.63 feet to a
point 40.63feet right of and opposite Station 178+12.70 on said construction
centerline laid out for Forrest Road; thence S 54?49? 14.33? W a distance of
51.37 feet to a point 38.24 feet right of and opposite Station 177+59.18 on
said construction centerline laid out for Forrest Road; thence N 40?26?33.71? W
a distance of 3.25 feet to the point of beginning. Containing 0.01 acres more
or less.
Also, granted is the right to easements for the construction of driveways as
shown colored pink on the attached plat, which plat is also on file in the
Office of the Right of Way Acquisition & Transportation Planning Coordinator of
Columbus, Georgia.
Said easements shall expire on April 1, 2017 or upon completion and final
acceptance of said project by the City of Columbus, Georgia.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That Resolution #111-14 approved in the April 8th Council Session is
hereby amended to include the description of the Temporary Construction
Easement on the parcel listed above that was arbitrarily left out of Original
Resolution #111-14. It is requested for condemnation because of the inability
to retain releases from Mortgage Company or others with interest to said
property and/or the inability to come to a reasonable solution.
2.
That there is a necessity for the immediate acquisition of said
property interests under the provisions of the Official Code of Georgia
Annotated O.C.G.A. ?? 32-3-1, et seq.
3.
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.
4.
That the immediate acquisition of such property interests is for county
roads, municipal streets or public highway purposes.
5.
That, in accordance with an investigation and report made to Columbus,
Georgia by a competent land appraiser, the estimated value of $35,700.00 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.
6.
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 ___________, 2014, 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 , Mayor
Attachments