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 # 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

Attachments


Back to List