Agenda Item # 1
Columbus Consolidated Government
Council Meeting
08/25/2015
Agenda Report # 15
TO: Mayor and Council
SUBJECT: Condemnation on Parcels #19 and 20 for the Wynnton Road
Master Plan - Phase I
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 19 &
20, 2435 Wynnton Road for the Wynnton Road Master Plan - Phase I, from Cedar
Avenue to Hilton Avenue/13th Street, Muscogee County totaling 832.65sq. ft.
+/- for a Temporary Easement 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 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 acquire releases from parties of interest on said
parcel.
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 80% by GDOT and 20% Midtown
Inc.
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: Authorizing the City Manager to order the
Acquisition of said land 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.
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 for the Wynnton Road Master Plan - Phase I,
(CSTEE-0009-00(117)) are such that it is necessary to immediately acquire
easements in the following described property, to-wit:
PROJECT NO.: CSTEE-0009-00(117)
P. I. NO.: 0009117
PARCEL NUMBER: 19 and 20
DATE OF R/W PLANS: May 15, 2013
LAST REVISION DATE: July 30, 2015
The right to construct and maintain any required slopes within the temporary
easement area shown colored green on a plat attached hereto and made a part
hereof and also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia, and being more
particularly described as follows:
All of that tract or parcel of land lying in and being Part of Land Lot 77,
Coweta Reserve, being a Temporary easement for construction and maintenance of
slopes shown as part of Parcel 19 on Right-of-Way Map prepared by T.Y.Lin
International depicted on Sheet 8 of 10 and being more particularly described
as follows: BEGIN at a point designated as KC5129 being 31.89 feet left of
center line station 22+41.55, Wynnton Road; thence North 28 degrees 00 minutes
04.3 seconds West, 7.11 feet to point KC5137 being 39.0 feet left of center
line station 22+41.54 of said road; thence North 62 degrees 21 minutes 24.0
seconds East, 96.35 to point KC5142 being 38.53 left of center line station
23+37.88 of said road; thence North 60 degrees 47 minutes 17.1 seconds East,
94.06 feet to point KC5143 being 40.65 feet left of center line station
24+31.92 of said road; thence South 17 degrees 47 minutes 00.5 seconds East,
1.23 feet to point KC32 being 39.44 feet left of center line station 24+31.70
of said road; thence South 59 degrees 06 minutes 59.6 seconds West, 145.03 feet
to point KC34 being 31.95 feet left of center line station 22+86.86 of said
road; thence South 62 degrees 00 minutes 05.4 seconds West, 45.31 feet to
station KC5129 and the point of beginning; containing 832.65 Square Feet.
Said latter 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 $8,500.00 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 2015, and adopted
at said meeting by the affirmative vote of members of
said Council.
Councilor Allen voting .
Councilor Baker voting .
Councilor Barnes voting .
Councilor Buck voting .
Councilor Davis voting .
Councilor Henderson voting .
Councilor Huff voting .
Councilor Thomas voting .
Councilor Turner-Pugh voting .
Councilor Woodson voting .
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
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