AN ORDINANCE
NO.
An Ordinance amending the Zoning Atlas of the Consolidated Government of
Columbus, Georgia; this amendment changes certain boundaries of a district
located at 3801 South Lumpkin Road from GC (General Commercial) and HMI (Heavy
Manufacturing / Industrial) Districts to RO (Residential-Office) District.
THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:
That the Zoning Atlas on file with the Planning Division of the Department of
Community and Economic Development be, and the same is hereby amended by
changing the following described property from GC (General Commercial) and HMI
(Heavy Manufacturing / Industrial) Districts to RO (Residential-Office)
District:
All that tract or parcel of land situate, lying and being in Land Lot 59, 7th
District of Columbus, Muscogee County, Georgia and being more particularly
described as follows:
Commence at an iron stake located at the intersection of the northerly line of
Wells Road and the westerly line of South Lumpkin Road; thence northerly along
the westerly line of South Lumpkin Road, 2,646.40 feet to an iron stake and the
POINT OF BEGINNING; thence leaving South Lumpkin Road, South 89 degrees 34
minutes 19 seconds West, 48.70 feet to an iron stake; thence South 04 degrees
31 minutes 42 seconds West, 104.90 feet to an iron stake; thence South 00
degrees 48 minutes 34 seconds East, 45.68 feet to an iron stake; thence South
89 degrees 42 minutes 55 seconds West, 654.88 feet to an iron stake; thence
North 00 degrees 20 minutes 05 seconds West, 150.15 feet to an iron stake;
thence North 13 degrees 02 minutes 58 seconds West, 66.53 feet to an iron
stake; thence North 02 degrees 26 minutes 54 seconds East, 184.35 feet to an
iron stake; thence North 08 degrees 58 minutes 47 seconds East, 99.98 feet to
an iron stake; thence North 89 degrees 43 minutes 46 seconds East, 765.06 feet
to an iron stake on the westerly line of South Lumpkin Road; thence along the
westerly line of South Lumpkin Road, South 10 degrees 01 minute 13 seconds
West, 353.04 feet to an iron stake at the POINT OF BEGINNING.
The above-described property is being rezoned with the following condition:
A noise disclosure statement shall be required in all lease agreements. A
sample noise disclosure statement is attached to this ordinance.
____________________
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
10th day of April, 2007; introduced a second time at a regular meeting of said
Council held on the day of , 2007 and adopted at said
meeting by the affirmative vote of members of said Council.
Councilor Allen voting _______
Councilor Anthony voting _______
Councilor Baker voting _______
Councilor Barnes voting _______
Councilor Davis voting _______
Councilor Henderson voting _______
Councilor Hunter voting _______
Councilor McDaniel voting _______
Councilor Pugh voting _______
Councilor Woodson voting _______
_______________________________ ___________________________
TINY B. WASHINGTON JIM WETHERINGTON
CLERK OF COUNCIL MAYOR
SAMPLE NOISE EASEMENT
Parcel_____________________________
County ____________________________
Grantor(s) Name __________________________________
Grantor(s) Address _______________________________
LEGAL DESCRIPTION:
In accordance with section XXXXX of the Land Use Ordinance for XXXXX County,
State of XXXXX, approving a permit for residential development on the
above-described property, and in consideration of such approval, Grantors grant
to the owners of all property adjacent to the above described property, a
perpetual nonexclusive easement as follows:
* The Grantors, their heirs, successors, and assigns acknowledge by the
granting of this easement that the residential development is situated in a
area that may be subjected to conditions resulting from military training at
Fort Benning. Such conditions include the firing of small and large caliber
weapons, the overflight of both fixed-wing and rotary ?wing aircraft, the
movement of vehicles, the use of generators, and other accepted and customary
military training activities. These activities ordinarily and necessarily
produce noise, dust, smoke and other conditions that may conflict with
Grantors' use of Grantors' property for residential purposes. Grantors hereby
waive all common law rights to object to normal and necessary military training
activities legally conducted on adjacent Fort Benning which may conflict with
Grantors' use of Grantors' property for residential and other purposes, and
Grantors hereby grant an easement to the adjacent Fort Benning for such
activities.
* Nothing in this easement shall grant a right to Fort Benning for ingress or
egress upon or across the described property. Nothing in this easement shall
prohibit or otherwise restrict the Grantors from enforcing or seeking
enforcement of statues or regulations of governmental agencies for activities
conducted on adjacent properties.
* This easement is appurtenant to all property adjacent to the above-described
property and shall bind to the heirs, successors, and assigns of Grantors and
shall endure for the benefit of the adjoined Fort Benning. The Fort Benning is
hereby expressly granted the right of third party enforcement of the easement.
IN WITNESS WHEREOF, the Grantors have executed this easement dated this
________ day of ___________ ,20___
_________________________________________________
Leasor
_________________________________________________
Leasee
Attachments
No attachments for this document.