Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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.



******************************************************************************



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



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