Agenda Item # 3
Columbus Consolidated Government
Council Meeting
07/31/2007
Agenda Report # 173
TO: Mayor and Council
SUBJECT: Whittlesey Road Widening Project Condemnation for Title
INITIATED BY: Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 12
(twelve) (map attached)on the above referenced project. 0.054 +/- acres,
(2352.24SF) of land for right-of-away and 0.050+/- acres (2166.63 SF) Permanent
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 Whittlesey Road Widening
Project.
Background: The parcel has to be condemned because of the closing
attorney's inability to acquire releases from parties that have an interest on
said property.
Analysis: To keep the project on schedule it is necessary to proceed to
Condemn for Title and pay the money into Court, thereby allowing the City to
proceed with the project.
Financial Considerations: This project is funded by the CIP Funds.
Legal Considerations: The City Attorney agrees to this action.
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 the authority of the
official code of Georgia annotated, Section 32-3-1 et-seq.
A RESOLUTION
NO. _____
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO
IMMEDIATELY ACQUIRE TITLE AND EASEMENTS TO LANDS UNDER THE PROVISION OF THE
OFFICIAL CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE
ACQUISITION OF SAID 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 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 right-of-way for the Whittlesey Road Project (STP-8060(2)) are
such that it is necessary to immediately acquire the fee simple title, state,
interest, and/or easements in the following described property, to-wit:
PROJECT NO.: STP-8060(2) Muscogee County
P. I. NO.: 351010
PARCEL NO.: 12
DATE OF R/W PLANS: April 14, 2006
REVISION DATE: April 9, 2007
All that tract or parcel of land lying and being in Land Lot 57th of the 8th
Land District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 10.32 feet right of and opposite Station 29+57.34 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP-8060(2); running thence N 89?42'24.1" E a distance of 39.28 feet to a point
12.17 feet right of and opposite station 29+96.51 on said construction
centerline laid out for WHITTELESY; thence S 0?17'33.0" E a distance of 40.45
feet to a point 52.57 feet right of and opposite station 29+94.50 on said
construction centerline laid out for WHITTELESY; thence southwesterly 72.479
feet along the arc of a curve (said curve having a radius of 6640.000 feet and
a chord distance of 72.479 feet on a bearing of S 86?23'25.7" W) to the point
53.56 feet right of and opposite station 29+22.61 on said construction
centerline laid out for WHITTELESY; thence N 36?14'27.0" E a distance of 55.56
feet back to the point of beginning. Containing 0.054 acres more or less.
ALSO, granted is the right to construct and maintain any required slopes within
the permanent easement area shown colored orange on a plat filed in the Office
of the Right of Way Acquisition & Transportation Planning Coordinator of
Columbus, Georgia.
Beginning at a point 53.56 feet right of and opposite Station 29+22.61 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP-8060(2) ; running thence northeasterly 72.479 feet along the arc of a
curve (said curve having a radius of 6640.000 feet and a chord distance of
72.479 feet on a bearing of N 86?23'25.7" E) to the point 52.57 feet right of
and opposite station 29+94.50 on said construction centerline laid out for
WHITTELESY; thence S 0?17'33.0" E a distance of 17.45 feet to a point 70.00
feet right of and opposite station 29+93.65 on said construction centerline
laid out for WHITTELESY; thence S 76?06'28.2" W a distance of 103.01 feet to a
point 90.00 feet right of and opposite station 28+93.81 on said construction
centerline laid out for WHITTELESY; thence N 36?14'27.0" E a distance of 46.65
feet back to the point of beginning. Containing 0.050 acres (2166.63 SF) more
or less.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is a necessity for the immediate acquisition of said
property under the provisions of the Official Code of Georgia Annotated
?32-3-1, et. seq.
2.
That the Mayor of Columbus, Georgia be, and he hereby is, authorized to
issue such orders and file such papers in the courts and enter into such
agreements as he deems necessary for the immediate acquisition of said property
by condemnation under the provisions of said Act.
3.
That the immediate acquisition of such land and 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 competent land appraiser, the estimated value of $6,883.00, as just
and adequate compensation to be paid for the acquisition, is hereby determined
and approved, and such sum is 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 pursuant to and in accordance with the provisions
of the Official Code of Georgia Annotated ?32-3-1, et. seq.
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Introduced at a regular meeting of the Council of Columbus, Georgia,
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 Turner Pugh voting
Councilor Woodson voting
Tiny Washington, Clerk of Council Jim Wetherington, Mayor
Attachments