Agenda Item # 9
Columbus Consolidated Government
Council Meeting
8/24/2012
Agenda Report # 092
TO: Mayor and Council
SUBJECT: Condemnation on Moon Road Widening Project
6725 Moon Road Parcel 69
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 69, 6725
Moon Road Street (map attached) for the Moon Road Widening Project No. 53014
20080 0, Muscogee County, totaling 0.003 +/- acres of Permanent Easement, 0.032
+/- acres of Temporary Easement and a Driveway 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 negotiate a reasonable settlement. The owners of said parcel
has Legal representation.
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 CIP Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after completion of the project.
Legal Considerations: This action requires Council's approval by resolution.
Recommendations/ Actions: Authorizing the City Manager to order the
Acquisition of said lands 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.
RESOLUTION
NO. _______
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL CODE OF GEORGIA
ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID EASEMENTS 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 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 Moon Road from Wilbur Drive to Whittlesey
Boulevard Project, (53014 20080 0) are such that it is necessary to
immediately acquire easements in the following described property, to-wit:
PROJECT NO.: 53014 20080 0
P. I. NO.: n/a
PARCEL NUMBER: 69
DATE OF R/W PLANS: December 3, 2009
REVISION DATE: July 20, 2011
The right to construct and maintain any required slopes and drainage within the
permanent easement area shown colored orange 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 that tract or parcel of land lying and being in Land Lot 18 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 41.54 feet left of and opposite Station 70+17.30 on the
proposed construction centerline of Moon Road on the project Moon Road from
Wilbur Drive to Whittlesey Boulevard for the City of Columbus, Georgia; thence
running S 63?03'46" W a distance of 24.51 feet to a point 66.05 feet left of
and opposite station 70+17.25 on said proposed construction centerline for Moon
Road; thence running N 37?11'12" E a distance of 27.25 feet to a point 41.55
feet left of and opposite station 70+29.19 on said proposed construction
centerline for Moon Road; thence S 26?54'27" E a distance of 11.89 feet to the
point of beginning. Containing 146 square feet (0.003 acres), more or less.
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 that tract or parcel of land lying and being in Land Lot 18 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 40.84 feet left of and opposite station 69+20.26 on the
proposed construction centerline of Moon Road on the project Moon Road from
Wilbur Drive to Whittlesey Boulevard for the City of Columbus, Georgia; thence
running S 48?22'48" W a distance of 9.51 feet to a point 50.00 feet left of and
opposite station 69+17.70 on said proposed construction centerline for Moon
Road; thence running N 26?13'24" W a distance of 32.08 feet to a point 50.00
feet left of and opposite station 69+50.00 on said proposed construction
centerline for Moon Road; thence running N 46?30'36" W a distance of 29.30 feet
to a point 60.05 feet left of and opposite station 69+77.74 on said proposed
construction centerline for Moon Road; thence running N 26?39'26" W a distance
of 39.25 feet to a point 60.00 feet left of and opposite station 70+17.27 on
said proposed construction centerline for Moon Road; thence running N 63?
03'47" E a distance of 18.47 feet to a point 41.54 feet left of and opposite
station 70+17.30 on said proposed construction centerline for Moon Road; thence
running S 26?54?49? E a distance of 96.53 feet to the point of beginning.
Containing 1,385 square feet (0.032 acres), more or less.
Said latter easement expires upon completion and final acceptance of said
Project by the Columbus Consolidated Government.
Also, granted is the right to a temporary easement for the construction of a
driveway as shown colored pink on the attached plat.
Said driveway 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 $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 ___________________, 2012 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 Teresa Pike Tomlinson, Mayor
Attachments