Agenda Item # 5
Columbus Consolidated Government
Council Meeting
06/26/2012
Agenda Report # 067
TO: Mayor and Council
SUBJECT: Columbus Metropolitan Airport - Aviation Easement
(Resolution for Condemnation)
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation
Planning Division
Recommendation: Approval is requested for the acquisition of Parcel
07CSG16-019, 4310 Ansley Avenue, for the Columbus Metropolitan
Airport-Aviation Air Rights Easement, and authorizing the filing of a
"Declaration of Taking" by the City Attorney or his representatives for the
acquisition of said interest under the authority of the official code of
Georgia annotated, Sections 6-3-20 and 32-3-1 et.seq.
Background: The parcel listed above is requested for condemnation because of
the inability to obtain releases of entities that have an interest or claim to
parcel in a timely manner.
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 Columbus Metropolitan Airport to proceed with the project.
Financial Considerations: This project is funded by the Columbus Metropolitan
Airport.
Projected Annual Fiscal Impact Statement: N/A
Legal Considerations: Council must approve the action by resolution.
Recommendations/ Actions: Authorizing the acquisition of said property through
condemnation for the Columbus Metropolitan Airport, Aviation Air Rights
Easement 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, Sections 6-3-20 and 32-3-1
et-seq.
RESOLUTION
NO. # ____
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE AN EASEMENT FOR AVIATION AND NOISE IN REGARD TO LOT 2, BLOCK E, REGAL
MANOR, A/K/A 4310 ANSLEY AVENUE, COLUMBUS, MUSCOGEE COUNTY, GEORGIA, TAX MAP
IDENTIFICATION NO. 082-048-021, TITLE TO CERTAIN OBJECTS OR NATURAL GROWTH
OBSTRUCTING AIRWAYS AND AN EASEMENT FOR ACCESS OF INGRESS, EGRESS AND REGRESS
TO REMOVE SAID OBJECTS UNDER THE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA
ANNOTATED AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID INTERESTS FOR
AIRPORT PURPOSES AND AUTHORIZING THE FILING OF A DECLARATION OF TAKING BY THE
CITY ATTORNEY OR HIS REPRESENTATIVES FOR THE ACQUISITION OF SAID INTEREST UNDER
THE AUTHORITY OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, SECTIONS 6-3-20 AND
32-3-1, ET. SEQ.
WHEREAS, it is determined that the circumstances in connection with
acquiring aviation and noise easements for the use and operation of the
Columbus Metropolitan Airport are such that it is necessary to immediately
acquire such interests as follows, to-wit:
A perpetual aviation easement, all as is hereinafter more particularly
described, granting unto Columbus, Georgia, a consolidated city-county
government, and unto its successors and assigns, whomsoever, for the benefit of
the public in their use of the Columbus Metropolitan Airport, or of any
successor thereto, the following easements, rights, privileges, and
prerogatives, to-wit:
1. An absolute prohibition for any man-made or natural objects or
structures, of whatsoever kind and nature, to be erected, altered, allowed to
grow, or be maintained, in any way, whatsoever, in the airspace hereinafter
more particularly described.
2. A continuing and perpetual right and easement to take any action
needful or necessary to prevent the erection, alteration, continued growth, or
maintenance, in any way, whatsoever, of any objects or structures, man-made or
natural, of whatsoever kind and nature, in the airspace hereinafter more
particularly described, together with the right of ingress, egress and regress
over, on and through the property of the Condemnees and of their successors and
assigns hereinafter more particularly described to take any such action.
(a) Provided that such right of ingress, egress and regress, as well
as right to take any action needful or necessary to prevent any intrusions into
such airspace hereinafter more particularly described, shall only be exercised
at such reasonable times and shall cause the least damage and inconvenience to
Condemnees and to their successors and assigns as is necessary for Condemnor to
exercise the rights condemned.
(b) Condemnees and their successors and assigns shall keep and
maintain and shall have the right to use their property and the airspace above
it for any and all purposes, whatsoever, not inconsistent with Condemnor's full
enjoyment of the easements and rights condemned, provided that Condemnees shall
not erect or construct any intrusions into such airspace hereinafter more
particularly described, nor allow any natural objects to intrude therein, in
any way, whatsoever, so as to limit Condemnor's full enjoyment of the aviation
easements condemned, all as are herein stipulated.
(c) As part of the easements condemned, Condemnor, and its successors
and assigns, shall have the right, from time to time, to trim, cut down and
clear away any and all trees or other natural intrusions within the airspace
hereinafter more particularly described, and to remove any man-made structures
or objects now existing or hereafter constructed or erected therein.
3. A continuing and perpetual right and easement of flight for the
passage of aircraft in the airspace hereinafter more particularly described,
together with the right and easement to cause in said airspace hereinafter more
particularly described such noise, vibrations, fumes, and other concomitants as
may be inherent in the use of said airspace hereinafter more particularly
described for the landing, taking off or operation of aircraft at the Columbus
Metropolitan Airport, or any successor thereto.
4. The rights and easements condemned shall be binding upon Condemnees
and upon their respective heirs, executors, administrators, successors, and
assigns, whomsoever, and shall enure to the benefit of the successors and
assigns of Condemnor.
5. Such rights and easements condemned shall run with the land in
perpetuity.
Such airspace and the real property in regard thereto for which
aviation easements and rights are being condemned are more particularly shown
on a map or plat prepared by Moon, Meeks, Mason & Vinson, Inc., Civil
Engineers; dated April 19, 2012; entitled "TREE LOCATION MAP LOT 2, BLOCK ?E?
REGAL MANOR FOR COLUMBUS METROPOLITAN AIRPORT (GLIDE SLOPE TO RUNWAY 24)
COLUMBUS, MUSCOGEE COUNTY, GEORGIA, a copy of which is attached hereto and made
a part hereof. Such map or plat is duly incorporated by reference herein, and
such airspace for which easements and rights are being condemned is more
particularly described as follows, to-wit:
The data below is shown on said map or plat to describe the lower
limits of the 34:1 Runway Protection Zone (aka Glide Slope); said Runway
Protection Zone (R.P.Z.) begins 200 feet from the end of Runway 24 of Columbus
Metropolitan Airport at elevation 390.7 feet (all elevations herein refer to
mean sea level, M.S.L.) and slopes upward toward subject property North 53
degrees 49 minutes 48 seconds East, rising 1.0 foot every 34 feet entering
subject property at Point ?A?; being more particularly described as follows:
Commence at an iron stake marking the northeasterly end of an 18.87 foot radius
which forms the intersection of the northwesterly line of Ansley Avenue and the
easterly line of Bush Avenue; thence South 52 degrees 51 minutes 06 seconds
East, 60.0 feet across Ansley Avenue to an iron stake on the northwesterly
corner of subject Lot 2, Block ?E?, Regal Manor; thence leaving said Ansley
Avenue, South 47 degrees 09 minutes 36 seconds East, along the
southwesterly line of Lot 2, 11.1 feet to a point, the ground elevation at
that point being 393.1 feet; thence running vertically toward the zenith 79.3
feet to an imaginary Point ?A? (elevation 472.4 feet) on the imaginary plane
which forms the lower limits of the 34:1 R.P.Z. and the POINT OF BEGINNING;
thence the plane continues rising at a slope of 34:1, North 53 degrees 49
minutes 48 seconds East over all of Lot 2, exiting Lot 2 at Point
?B? (elevation 475.4 feet).
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is an immediate necessity of acquisition of said aviation
easements and/or property interests under the provisions of the Official Code
of Georgia Annotated ??6-3-20 and 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 acquisition of said aviation
easements and/or property interests by condemnation under the provisions of
said Acts, or otherwise.
3.
That the acquisition of such aviation easements and/or property
interests is needed for public transportation purposes.
4.
That in accordance with an investigation and report made to Columbus,
Georgia by a competent land appraiser, the estimated value of $4,310.00 as just
and adequate compensation to be paid for said acquisition is hereby determined
and approved and said 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 action that
they may deem needful, necessary, advisable, or proper for acquisition of said
aviation easements and/or property interests pursuant to and in accordance with
the provisions of the Official Code of Georgia annotated 6-3-20 and 32-3-1 et.
seq.
______________________
Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of , 2012, 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 Teresa Pike Tomlinson, Mayor
Attachments
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