Agenda Item # 8
Columbus Consolidated Government
Council Meeting
5/14/2013
Agenda Report # 75
TO: Mayor and Council
SUBJECT: Condemnation on Moon Road Reconstruction Project-Parcel 43,
6406 Moon Rd
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 43, 6406
Moon Road (map attached) for the Moon Road Reconstruction Project from Wilbur
Drive to Whittlesey Blvd totaling 0.022 +/- acres of Right of Way, 0.006
acres+/- of Temporary Easement plus 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 obtain releases of entities that have interest or claim to
this parcel in a timely manner.
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and 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 SPLOST Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after the completion of the project and the Bridge is turned
over to the City.
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 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 easements and lands for the Moon Road from Wilbur Drive to
Whittlesey Boulevard Project, (53023 20090 0), are such that it is necessary
to immediately acquire easements and lands in the following described property,
to-wit:
PROJECT NO.: 53023 20090 0
P. I. NO.: n/a
PARCEL NUMBER: 43
DATE OF R/W PLANS: December 3, 2009
LAST REVISION DATE: July 26, 2012
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 26.26 feet right of and opposite Station 47+84.28 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 N 00?28'09" E a distance of 105.28 feet to a point 26.39 feet right of
and opposite station 48+89.56 on said proposed construction centerline for Moon
Road; thence running S 89?18'21" E a distance of 17.08 feet to a point 43.48
feet right of and opposite station 48+89.47 on said proposed construction
centerline for Moon Road; thence running S 45?26'59" W a distance of 11.98 feet
to a point 35.00 feet right of and opposite station 48+81.01 on said proposed
construction centerline for Moon Road; thence running S 00?23'46" W a distance
of 96.74 feet to a point 35.00 feet right of and opposite station 47+84.27 on
said proposed construction centerline for Moon Road; thence running N 89?32'04"
W a distance of 8.74 feet to the point of beginning. Containing 949 square feet
(0.022 acres), more or less.
Such required right-of-way is shown colored yellow on the attached plat, which
plat is also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Temporary Easement:
ALSO, granted is the right to construct any required slopes within the easement
area shown colored green on the attached plat, which plat is also on file in
the Office of the Right of Way Acquisition & Transportation Planning
Coordinator of Columbus, Georgia, to-wit:
All that tract or parcel of land lying and being in Land Lot 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 35.00 feet right of and opposite Station 47+84.27 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 N 00?23'46" E a distance of 96.74 feet to a point 35.00 feet right of
and opposite station 48+81.01 on said proposed construction centerline for Moon
Road; thence N 45?27'32" E feet a distance of 3.53 feet to a point 37.50 feet
right of and opposite station 48+83.50 on said proposed construction centerline
for Moon Road; thence S 00?23'46" W a distance of 99.24 feet to a point 37.50
feet right of and opposite station 47+84.27 on said proposed construction
centerline for Moon Road; thence N 89?32'30" W a distance of 2.50 feet to the
point of beginning. Containing 245 square feet (0.006 acres), more or less.
Said easement expires upon completion and final acceptance of said project by
the Columbus Consolidated Government.
Required Temporary Driveway Easement:
ALSO, granted is the right to an easement for the construction of a driveway,
all as shown colored pink on the attached plat, which plat is also on file in
the Office of the Right of Way Acquisition & Transportation Planning
Coordinator of Columbus, Georgia.
Said 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 $4,300.00 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
, 2013 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 , Mayor
Attachments