Agenda Item # 5
Columbus Consolidated Government
Council Meeting
02/13/2018
Agenda Report # 75
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 040 014 001A, 502 Brown
Avenue for Martin Luther King Bike and Walking Trail
INITIATED BY: Planning Department
Recommendation: Approval is requested for the acquisition of a portion of 040
014 001a, 502 Brown Avenue to build a continued portion of the Martin Luther
King bike and Walk Way, containing 3,662 sq. ft. of Right of way for County
Road and/or Municipal usage 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 31-3-1 et-seq.
Background: The parcel listed above is requested for condemnation because the
inability to make contact owners. Two Certified Letters was sent to them and
several attempts in person. No responses where successful.
Analysis: To keep the project on schedule it is necessary to proceed and to
pay the money into Court, thereby taking possession of the property allowing
the City to proceed with the project.
Financial Considerations: The funding is coming out of the City funds 0510
TSPLOST DISCRETIONARY FUNDS
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after completion of Project
Legal Considerations: Council must approve the action by Resolution.
Recommendations/ Actions: Approval is requested to order the Acquisition of
said property for County Road and/or Municipal usage purposes 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 Georgia annotated, Section 31-3-1 et-seq. for the referenced
project.
A RESOLUTION
NO. ________
A RESOLUTION AUTHORIZING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE FEE SIMPLE TITLE TO LAND UNDER THE PROVISION OF THE OFFICIAL CODE OF
GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID LAND
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.
WHEREAS, it is hereby determined that the circumstances in connection with
acquiring property for the project known as ?Martin Luther King, Jr. Blvd Bike
and Walk Trail? are such that it is necessary to immediately acquire fee simple
title in the following described property, to-wit:
PROJECT/TAX IDENTIFICATION NO.: 040-014-001A
DATE OF R/W SURVEY: October 13, 2017
All of that tract or parcel of land being part of Lots 1, 135 & 136, Revised
plat of Wynnton Park, lying in Land Lot 79, Coweta Reserve being more
particularly described as follows: BEGIN at a point marking the intersection of
the northerly line Martin Luther King, Jr. Boulevard and the easterly line of
Brown Avenue, thence leaving said intersection, along the easterly line of
Brown Avenue, along the arc of a clockwise curve, said arc having a radius of
25.0 feet, 14.50 feet to a point; thence leaving Brown Avenue, South 87 degrees
53 minutes 04 seconds East, 152.81 feet to a point; thence North 88 degrees 26
minutes 12 seconds East, 34.02 feet to a point; thence South 88 degrees 49
minutes 07 seconds East, 82.80 feet to a point; thence South 01 degrees 10
minutes 53 seconds West, 16.75 feet to a point on the northerly line of Martin
Luther King, Jr. Boulevard;(next 6 calls are along the northerly line of Martin
Luther King, Jr. Boulevard) thence North 89 degrees 39 minutes 53 seconds West,
50.12 feet to a point; thence North 00 degrees 31 minutes 59 seconds East, 5.17
feet to a point; thence North 89 degrees 03 minutes 13 seconds West, 97.50 feet
to a point; thence South 00 degrees 42 minutes 52 seconds East, 2.0 feet to a
point; thence North 88 degrees 57 minutes 50 seconds West, 10.33 feet to a
point; thence along the arc of a clockwise curve, said arc having a radius of
1605.28 feet, 105.63 feet to a point and the POINT OF BEGINNING; containing
3,662 Square Feet.
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
$32,700.00 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 Henderson voting ___________.
Councilor Garrett voting ___________.
Councilor Huff voting ___________.
Councilor Pugh voting ___________.
Councilor Thomas voting ___________.
Councilor Woodson voting ___________.
______________________________ ________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
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