Agenda Item # 2
Columbus Consolidated Government
Council Meeting
05/08/2018
Agenda Report # 115
TO: Mayor and Council
SUBJECT: Condemnation on Parcel TA-B, 049-005-004, 2997 Buena
Vista Road Spider Web Network
INITIATED BY: Right of Way Acquisition Coordinator, Transportation Division
Recommendation: Approval is requested for the acquisition of Parcel
TA-B, Tax Map 049-005-004, 2997 Buena Vista Road Spider Web Network at the
corner of Illges Road for a 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 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 come to a suitable agreement and disagreements between the
Owner and Tenant. It is a Total Take.
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: Funding for the project will be from GDOT
Transportation Investment Act (TIA) of 2010.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after the 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 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 AUTHORIZING THE DECLARING THAT THERE IS A NEED AND NECESSITY TO
IMMEDIATELY ACQUIRE FEE SIMPLE TITLE TO LANDS UNDER THE PROVISION OF THE
OFFICIAL CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE
ACQUISITION OF SAID 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 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 property for the Buena Vista Road Spider Web Network Project
(STP00-000-00(473)) are such that it is necessary to immediately acquire fee
simple title in the following described property, to-wit:
PROJECT NO: STP00-000-00(473)
P.I. NO.: 0011436
PARCEL NUMBER: TA-B
DATE OF R/W PLANS: 08/03/2017
LAST REVISION DATE: 11/15/2017
TAX MAP NUMBER: 049-005-004
All that tract or parcel of land situate, lying and being in Columbus, Muscogee
County, Georgia, and being PART OF LAND LOT 99 of the COWETA RESERVE of said
County, the tract and parcel hereby conveyed being shown upon a plat recorded
in Plat Book 67, Folio 87 in the Office of the Clerk of the Superior Court of
Muscogee County, Georgia and being located within the following metes and
bounds:
STARTING at a point formed by the intersection of the northeasterly
line of Buena Vista Road with the northwesterly line of Illges Road as said
roads existed on December 14,1977, as shown on the aforementioned plat, and
from said starting point running thence North 63 degrees 9 1/2 minutes West,
along the then existing Northeasterly line of Buena Vista Road, a distance of
152.25 feet to a point; running thence North 36 degrees 10 minutes East a
distance of 5.20 feet to an iron pin that is the POINT OF BEGINNING of the
tract and parcel hereby conveyed, and from said Point of Beginning running
thence North 36 degrees 10 minutes East a distance of 144.8 feet to an iron
pin; running thence South 63 degrees 19 1/2 minutes, East a distance of 152.25
feet to an iron pin located on the Northwesterly line of Illges Road; running
thence South 36 degrees 10 minutes West ,along the northwesterly line of Illges
Road, a distance of 45.2 feet to a drill hole in concrete; running thence North
53 degrees 50 minutes West a distance of 5 feet to a nai land cap; running
thence South 36 degrees 10 minutes West a distance of 30 feet to a drill hole;
running thence South 55 degrees 58 minutes West a distance of 26.57 feet to a
nail and cap; running thence South 65 degrees 26.5 minutes west a distance of
59.5 feet to a nail and cap; and running thence North 63 degrees 16 minutes 45
seconds West, along the widened Northeasterly line of Buena Vista Road and at a
distance of 35 feet from the center line of said road, a distance of 108.54
feet to the Point of Beginning.
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 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 $714,737.00 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
the _________ day of _____________ 2018, 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 Garrett 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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