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 # 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


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