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 # 5



Columbus Consolidated Government



Council Meeting

09/08/2015



Agenda Report # 24



TO: Mayor and Council



SUBJECT: Condemnation on Parcel 33 for the Roundabout at Fort

Benning Road,

Cusseta Road and Brennan Road



INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator

Transportation Planning Division





Recommendation: Approval is requested for the acquisition of Parcel 33, 3812

Cusseta Road for the Roundabout at Fort Benning Road, Cusseta Road & Brennan

Road, Muscogee County totaling 5,667.654 sq. ft. +/- for Right of Way and

4,935.222 sq. ft. 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 referenced project.



Background: The parcel listed above is requested for condemnation

because of the inability to reach a reasonable settlement.



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.



Financial Considerations: This project is 100% City Funded as outlined in the

CIP.



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.









A 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 ?Round a Bout at Ft. Benning Road,

Cusseta Road and Brennan Road,? are such that it is necessary to immediately

acquire easements and lands in the following described property, to-wit:



PROJECT NO.: 82057-20100

P. I. NO.: n/a

PARCEL NUMBER: 33

DATE OF R/W PLANS: April 22, 2014

LAST REVISION DATE: November 17, 2014



Required Rights-of-Way:

Tract 1:

All that tract or parcel of land lying and being in Land Lot 106 of the Coweta

Reserve Land District and/or 821 Georgia Militia District of Muscogee County,

Georgia, being more particularly described as follows:



Beginning at a point 441.960 feet right of Construction Centerline Cusseta Road

East at Station 203+68.32 thence N 0?40'53.6" E a distance of 98.158 feet to a

point 365.245 feet right of Construction Centerline Cusseta Road East at

Station 201+71.32 thence S 89?15'02.0" E a distance of 13.147 feet to a point

357.364 feet right of Construction Centerline Cusseta Road East at Station

203+16.86 thence S 0?32'54.9" W a distance of 2.941 feet to a point 359.648

feet right of Construction Centerline Cusseta Road East at Station 203+18.71

thence S 5?04'13.8" E a distance of 54.892 feet to a point 398.668 feet right

of Construction Centerline Cusseta Road East at Station 203+57.32 thence S 0?

16'41.2" W a distance of 40.546 feet to a point 430.023 feet right of

Construction Centerline Cusseta Road East at Station 203+83.03 thence N 89?

26'32.6" W a distance of 18.941 feet to a point 441.960 feet right of

Construction Centerline Cusseta Road East at Station 203+68.32 and the POINT OF

BEGINNING.



The above described parcel contains ? 0.04 acres (1669.944 sq. ft.).



Tract 2:

All that tract or parcel of land lying and being in Land Lot 106 of the Coweta

Reserve Land District and/or 821 Georgia Militia District of Muscogee County,

Georgia, being more particularly described as follows:

Beginning at a point 39.69 feet right of Cusseta Road East at Station 204+74.00

thence S 59?01'58.1" E a distance of 314.01 feet to a point 24.12 feet right of

Cusseta Road East at Station 207+82.86 thence S 30?50'53.1" W a distance of

15.38 feet to a point 39.50 feet right of Cusseta Road East at Station

207+82.86 thence N 59?08'52.5" W a distance of 128.21 feet to a point 39.50

feet right of Cusseta Road East at Station 206+54.65 thence along an arc 85.75

feet to the right, having a radius of 1045.16 feet, the chord of which is N 59?

50'44.7" W for a distance of 85.73 feet, to a point 43.98 feet right of Cusseta

Road East at Station 205+72.40 thence N 33?06'23.4" W a distance of 22.28 feet

to a point 36.07 feet right of Cusseta Road East at Station 205+52.38 thence

along an arc 80.40 feet to the right, having a radius of 1035.28 feet, the

chord of which is N 53?57'20.3" W for a distance of 80.38 feet and the POINT OF

BEGINNING.



The above described parcel contains ? 0.09 acres (3997.71 sq. ft.).



Such required rights-of-way are shown colored yellow on the attached plats,

which plats are also on file in the Office of the Right of Way Acquisition &

Transportation Planning Coordinator of Columbus, Georgia.



Required Permanent Easements:

Area 1:

All that tract or parcel of land lying and being in Land Lot 106 of the Coweta

Reserve Land District and/or 821 Georgia Militia District of Muscogee County,

Georgia, being more particularly described as follows:



Beginning at a point 37.481 feet right of Construction Centerline Fort Benning

Road at Station 10+00.00 thence N 0?40'53.6" E a distance of 100.281 feet to a

point 37.059 feet right of Construction Centerline Fort Benning Road at Station

11+00.00 thence S 89?26'32.6" E a distance of 10.061 feet to a point 47.120

feet right of Construction Centerline Fort Benning Road at Station 11+00.00

thence S 0?59'27.6" W a distance of 100.355 feet to a point 47.000 feet right

of Construction Centerline Fort Benning Road at Station 10+00.00 thence N 89?

00'36.5" W a distance of 9.519 feet to a point 37.481 feet right of

Construction Centerline Fort Benning Road at Station 10+00.00 and the POINT OF

BEGINNING.



The above described parcel contains ? 0.02 acres (982.063 sq. ft.).



Area 2:

All that tract or parcel of land lying and being in Land Lot 106 of the Coweta

Reserve Land District and/or 821 Georgia Militia District of Muscogee County,

Georgia, being more particularly described as follows:



Beginning at a point 56.000 feet right of Construction Centerline Fort Benning

Road at Station 11+00.00 thence along an arc 40.546 feet to the left, having a

radius of 4156.000 feet, the chord of which is N 0?16'41.2" E for a distance of

40.546 feet, to a point 56.000 feet right of Construction Centerline Fort

Benning Road at Station 11+40.00 thence N 5?04'13.8" W a distance of 54.892

feet to a point 51.510 feet right of Construction Centerline Fort Benning Road

at Station 11+94.00 thence N 0?32'54.9" E a distance of 2.941 feet to a point

51.578 feet right of Construction Centerline Fort Benning Road at Station

11+96.90 thence S 89?15'02.0" E a distance of 16.428 feet to a point 68.000

feet right of Construction Centerline Fort Benning Road at Station 11+96.47

thence S 0?06'59.2" E a distance of 98.066 feet to a point 68.000 feet right of

Construction Centerline Fort Benning Road at Station 11+00.00 thence N 89?

26'32.6" W a distance of 12.000 feet to a point 56.000 feet right of

Construction Centerline Fort Benning Road at Station 11+00.00 and the POINT OF

BEGINNING.



The above described parcel contains ? 0.03 acres (1297.219 sq. ft.).



Area 3:

All that tract or parcel of land lying and being in Land Lot 106 of the Coweta

Reserve Land District and/or 821 Georgia Militia District of Muscogee County,

Georgia, being more particularly described as follows:



Beginning at a point 45.83 feet right of Cusseta Road East at Station 204+33.69

thence S 59?01'58.1" E a distance of 40.77 feet to a point 39.69 feet right of

Cusseta Road East at Station 204+74.00 thence along an arc 80.40 feet to the

left, having a radius of 1035.28 feet, the chord of which is S 53?57'20.3" E

for a distance of 80.38 feet, to a point 36.07 feet right of Cusseta Road East

at Station 205+52.38 thence S 33?06'23.4" E a distance of 22.28 feet to a point

43.98 feet right of Cusseta Road East at Station 205+72.40 thence along an arc

85.75 feet to the left, having a radius of 1045.16 feet, the chord of which is

S 59?50'44.7" E for a distance of 85.73 feet, to a point 39.50 feet right of

Cusseta Road East at Station 206+54.65 thence S 59?08'52.5" E a distance of

128.21 feet to a point 39.50 feet right of Cusseta Road East at Station

207+82.86 thence S 30?51'41.4" W a distance of 6.50 feet to a point 46.00 feet

right of Cusseta Road East at Station 207+82.86 thence N 59?08'52.5" W a

distance of 133.02 feet to a point 46.01 feet right of Cusseta Road East at

Station 206+50.00 thence N 56?49'24.6" W a distance of 157.29 feet to a point

52.00 feet right of Cusseta Road East at Station 205+00.00 thence N 50?22'30.6"

W a distance of 65.37 feet to a point 52.00 feet right of Cusseta Road East at

Station 204+34.63 thence N 30?58'01.9" E a distance of 6.24 feet to a point

45.83 feet right of Cusseta Road East at Station 204+33.69 and the POINT OF

BEGINNING.



The above described parcel contains ? 0.06 acres (2655.94 sq. ft.).



Such required permanent easements to construct and maintain any required slopes

and utilities within the permanent easement area are shown colored orange on

the attached plat, which plat is on file in the Office of the Right of Way

Acquisition & Transportation Planning Coordinator of Columbus, Georgia.



Required Driveway Easements:



Drive 1:

Also, granted is the right to an easement for the construction of a driveway as

shown colored pink on the attached plat.



Drive 2:

Also, granted is the right to an easement for the construction of a driveway as

shown colored pink on the attached plat.



Said required driveway easements expire 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 $35,500.00 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 the _________ day of ________ 2015, and adopted at said meeting by the

affirmative vote of ________ members of said Council.





Councilor Allen voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Buck voting __________.

Councilor Davis voting __________.

Councilor Henderson voting __________.

Councilor Huff voting __________.

Councilor Turner Pugh voting __________.

Councilor Thomas voting __________.

Councilor Woodson voting __________.







______________________________ _________________________

Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor

Attachments


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