Agenda Item # 4
Columbus Consolidated Government
Council Meeting
09/25/2018
Agenda Report # 29
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 29, 514 Morris Road Spider Web
Network
INITIATED BY: Right of Way Acquisition Coordinator, Planning Department
Recommendation: Approval is requested for a condemnation of Parcel 29,
514 Morris Road located at the corner of Buena Vista Road, Muscogee County
totaling 7,841.42 +/- of Right of Way and 20,116.16 sq. ft +/- of Permanent
Construction Easement 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. the referenced project.
Background: The parcel listed above is requested for Condemnation
because of the inability to come to a suitable agreement that the owner wants
the City to buy the total parcel. The City does not want the whole parcel
because of Flood Plain and environmental issues. The City is condemning only
what is needed to build the project (Right of Way and Easement).
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 the authority of the official code of
Georgia annotated, Section 32-3-1et-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 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: 29
DATE OF R/W PLANS: 08/03/2017
LAST REVISION DATE: 04/25/2018
TAX MAP NUMBER: 049-015-001
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 100 of the 921
Georgia Militia
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 90.00 feet left of Construction Centerline
Buena Vista Road at Station 187+48.86; running thence S 63/\16'28.8? E a
distance of 7.15 feet to a point 90.00 feet left of and opposite station
187+56.00 on said construction centerline laid out for C/L Buena Vista
Road; thence S 13/\03'01.0" W a distance of 16.92 feet to a point 73.56 feet
left of and opposite station 187+60.00 on said construction centerline laid out
for C/L Buena Vista Road; thence southeasterly 21.29 feet along the arc of a
curve (said curve having a radius of 40.00 feet and a chord distance of 21.04
feet on a bearing of S 45/\06'38.5" E) to the point 67.00 feet left of and
opposite station 187+80.00 on said construction centerline laid out for
C/L Buena Vista Road; thence S 63/\36'42.1" E a distance of 170.01 feet
to a point 68.00 feet left of and opposite station 189+50.00 on said
construction centerline laid out for C/L Buena Vista Road; thence N
84/\45'23.4" E a distance of 79.33 feet to a point 110.00 feet left of and
opposite station 190+17.30 on said construction centerline laid out for C/L
Buena Vista Road; thence S 63/\16'28.8" E a distance of 52.70 feet to a point
110.00 feet left of and opposite station 190+70.00 on said construction
centerline laid out for C/L Buena Vista Road; thence S 26/\43'31.2" W a
distance of 37.83 feet to a point 72.17 feet left of and opposite station
190+70.00 on said construction centerline laid out for C/L Buena Vista
Road; thence N 63/\16'04.7" W a distance of 18.52 feet to a point 72.17 feet
left of and opposite station 190+51.48 on said construction centerline laid
out for C/L Buena Vista Road; thence S 26/\43'41.7" W a distance of 20.00
feet to a point 52.17 feet left of and opposite station 190+51.48 on said
construction centerline laid out for C/L Buena Vista Road; thence N 63"16'04.
8" W a distance of 258.00 feet to a point 52.20 feet left of and opposite
station 187+93.48 on said construction centerline laid out for C/L Buena
Vista Road; thence N 31"15'20.3" W a distance of47.17 feet to a point 77.21
feet left of and opposite station 187+53.48 on said construction centerline
laid out for C/L Buena Vista Road; thence N 6"50'40.8" E a distance of 13.60
feet back to the point of beginning.
The above-described parcel contains ? 0.180 acres (7841.42 sq. ft.).
Such required right-of-way is shown colored in yellow on the attached plats,
which plats are also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, .Georgia.
Required Permanent Easements:
Area 1:
All that tract or parcel of land lying and being in Land Lots 99 and
100 of the 921
Georgia Militia District of Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 133.90 feet left of Construction Centerline Buena Vista
Road at Station 187+32.98; running thence N 42"54'45.2" E a distance of 94.33
feet to a point 48.24 feet right of and opposite station 412+50.00 on
construction centerline laid out for C/L Andrews Road/Morris Road; thence S
39"22'44.1" W a distance of 67.71 feet to a point 48.00 feet right of and
opposite station 411+90.00 on said construction centerline laid out for C/L
Andrews Road/Morris Road; thence S 35"40'46.2" E a distance of 57.05 feet to
a point 132.00 feet left of and opposite station 187+95.00 on said construction
centerline laid out for C/L Buena Vista Road; thence S 21"02'25.6" W a
distance of 10.05 feet to a point 122.00 feet left of and opposite station
187+96.00 on said construction centerline laid out for C/L Buena Vista Road;
thence S 54"41'49.0" E a distance of 90.51 feet to a point 108.50 feet left of
and opposite station 188+85.50 on said construction centerline laid out for
C/L Buena Vista Road; thence S 63"55'36.2" E a distance of
131.81 feet to a point 110.00 feet left of and opposite station
190+17.30 on said construction centerline laid out for C/L Buena Vista
Road; thence S 84"45'23.4" W a distance of 79.33 feet to a point 68.00 feet
left of and opposite station 189+50.00 on said construction centerline laid
out for C/L Buena Vista Road; thence N 63"36'42.1" W a distance of 170.01
feet to a point 67.00 feet left of and opposite station 187+80.00 on said
construction centerline laid out for C/L Buena Vista Road; thence
northwesterly 21.29 feet along the arc of a curve (said curve having a radius
of 40.00 feet and a chord distance of21.04 feet on a bearing of N 45"06'38.5"
W) to the point 73.56 feet left of and opposite station 187+60.00 on said
construction centerline laid out for C/L Buena Vista Road; thence N
13"03'01.0" E a distance of 16.92 feet to a point 90.00 feet left of and
opposite station 187+56.00 on said construction centerline laid out for C/L
Buena Vista Road; thence N 63"16'28.8" W a distance of 7.15 feet to a point
90.00 feet left of and opposite station 187+48.86 on said construction
centerline laid out for C/L Buena Vista Road; thence N 6"50'40.8" E a
distance of 46.68 feet back to the point of beginning.
The above-described parcel contains ? 0.286 acres (124563.92 sq. ft.)
Area 2:
All that tract or parcel of land lying and being in Land Lot I 00 of the 921
Georgia Militia
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 72.I7 feet left of Construction Centerline
Buena Vista Road at Station I90+70.00; running thence N 26"43'31.2" E a
distance of 37.83 feet to a point II 0.00 feet left of and opposite station
190+70.00 on said construction centerline laid out for C/L Buena Vista Road;
thence S 63"16'28.8" E a distance of I90.64 feet to a point 1I 0.00 feet
left of and opposite station 192+60.64 on said construction centerline laid out
for C/L Buena Vista Road; thence S 54"06'13.9" W a distance of 42.62 feet to
a point 72.15 feet left of and opposite station 192+41.04 on said construction
centerline laid out for CIL Buena Vista Road; thence N 63"16'04.7" W a
distance of 171.04 feet back to the point of beginning.
The above described parcel contains ? 0.157 acres (6842.98 sq. ft.).
Area 3:
All that tract or parcel of land lying and being in Land Lot 99 of the 921
Georgia Militia
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 36.04 feet right of Construction Centerline Andrews
Road/Morris Road at Station 416+76.00; running thence N 42"54'45.2" E a
distance of 54.35 feet to a point 30.37 feet right of and opposite station
417+22.00 on said construction centerline laid out for C/L Andrews Rd/Morris
Rd; thence S 47"03'43.2" E a distance of 19.63 feet to a point 50.00 feet
right of and opposite station 417+22.00 on said construction
centerline laid out for C/L Andrews Rd/Morris Rd; thence S 45"31 '31.2" W a
distance of 33.02 feet to a point 50.00 feet right of and opposite
station 416+95.00 on said construction centerline laid out for C/L Andrews
Rd/Morris Rd; thence S 83"14'32.0" W a distance of 28.00 feet back to the
point of beginning.
The above described parcel contains ? 0.019 acres (816.26 sq. ft.).
Included as part of such Required Permanent Easements is the right to
construct and maintain any required slopes and utilities within the Required
Permanent Easement areas shown colored in orange on the attached plats, which
plats are on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Driveway Easement:
All that tract or parcel of land lying and being in Land Lot 99 of the 921
Georgia Militia
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 84.34 feet right of Construction Centerline Andrews
Road/Morris Road at Station 416+08.00; running thence N 42"54'45.2" E a
distance of 71.54 feet to a point 46.79 feet right of and opposite station
416+51.00 on said construction centerline laid out for C/L Andrews Rd/Morris
Rd; thence S 12"09'11.3" E a distance of 48.01 feet to a point 94.00 feet
right of and opposite station 416+45.00 on said construction
centerline laid out for C/L Andrews Rd/Morris Rd; thence S 56"30'44.1" W a
distance of 44.83 feet to a point 107.00 feet right of and opposite
station 416+19.00 on construction centerline laid out for C/L Andrews
Rd/Morris Rd; thence N 48"01'36.3" W a distance of 28.82 feet back to the point
of beginning.
The above described parcel contains ? 0.047 acres (2033.05 sq. ft.).
Said required driveway easement expires upon completion and final acceptance of
said project by the Columbus Consolidated Government, and is shown colored in
pink on the attached plat, which plat is on file in the Office of the Right of
Way Acquisition and Transportation Planning Coordinator of Columbus, Georgia.
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 $18,000.00 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 _____________, 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 House voting __________.
Councilor Huff voting __________.
Councilor Thomas voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
_________________________________
__________________________
Lindsey Glisson, Deputy Clerk of Council Teresa
Pike Tomlinson, Mayor
Attachments