Agenda Item # 4
Columbus Consolidated Government
Council Meeting
09/08/2015
Agenda Report # 23
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 21 for the Wynnton Road Master
Plan - Phase I
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 21, 2510
Wynnton Road for the Wynnton Road Master Plan - Phase I, from Cedar Avenue to
Hilton Avenue/13th Street, Muscogee County totaling 1,249.02 sq. ft. +/- for a
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 acquire releases from parties of interest on said
parcel.
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 funded 80% by GDOT and 20% by
Midtown, Inc.
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 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 Wynnton Road Master Plan - Phase I,
(CSTEE-0009-00(117)) are such that it is necessary to immediately acquire
easements in the following described property, to-wit:
PROJECT NO.: CSTEE-0009-00(117)
P. I. NO.: 0009117
PARCEL NUMBER: 21
DATE OF R/W PLANS: July 15, 2013
LAST REVISION DATE: August 5, 2015
The right to construct and permanently maintain any required slopes and
utilities within the easement area shown colored orange on the attached plat,
and being more particularly described as follows:
All that tract or parcel of land lying and being in Land Lot 77, Coweta Reserve
of Muscogee County, Georgia, being more particularly described as follows:
Beginning at a point 42.09 feet right of Construction Centerline at Station
26+19.97; running thence northeasterly 89.72 feet along the arc of a curve
(said curve having a radius of 2346.13 feet and a chord distance of 89.71 feet
on a bearing of N 58^56'43.5" E) thence S 32^09'00.0" E a distance of 6.21 feet
thence S 57^50'21.5" W a distance of 25.67 feet thence S 30^16'43.8" E a
distance of 9.33 feet thence S 59^43'16.2" W a distance of 78.46 feet thence N
12^51'57.3" E a distance of 20.78 feet back to the point of beginning.
The above described parcel contains ? 0.029 acres (1,249.02 sq. ft.).
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 $10,500.00 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 on 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