Agenda Item # 11
Columbus Consolidated Government
Council Meeting
1/22/2013
Agenda Report # 018
TO: Mayor and Council
SUBJECT: Moon Road Widening Project - Parcel 23 6238 Moon Road
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 23, 6238
Moon Road (map attached) for the Moon Road Widening Project, Muscogee County
Temporary Construction Easement totaling 0.019 acres+/- plus a Drive Way
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. The City's
consultant is in the process of finalizing plans and specifications for
solicitation of bids on the project by the end of February.
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 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 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, (53023 20090 0) are such that it is necessary to
immediately acquire easements in the following described property, to-wit:
PROJECT NO.: 53023 20090 0
P. I. NO.: n/a
PARCEL NUMBER: 23
DATE OF R/W PLANS: December 3, 2009
LAST REVISION DATE: October 15, 2012
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 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 31.54 feet right of and opposite station 39+43.08 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
along a curve to the left with an arc length of 78.63 feet, with a radius of
1853.99 feet, with a chord bearing of N 12?13'45" E, with a chord length of
78.62 feet to a point 31.48 feet right of and opposite station 40+20.62 on said
proposed construction centerline for Moon Road; thence running S 79?01'43" E a
distance of 11.02 feet to a point 42.50 feet right of and opposite station
40+20.68 on said proposed construction centerline for Moon Road; thence running
S 12?16'27" W a distance of 79.08 feet to a point 42.50 feet right of and
opposite station 39+43.06 on said proposed construction centerline for Moon
Road; thence N 76?39'14" W a distance of 10.96 feet to the point of beginning.
Containing 844 square feet (0.019 acres), more or less.
Said latter easement expires upon completion and final acceptance of said
Project by the Columbus Consolidated Government.
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 $1,550.00 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 Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
______________________________
_________________________
Tiny B. Washington, Clerk of Council , Mayor
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