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 # ______



Columbus Consolidated Government



Council Meeting



11/18/2014



Agenda Report #



TO: Mayor and Council



SUBJECT: Memorandum of Understanding - Muscogee County School District

Property Exchange



INITIATED BY: David Arrington, Deputy City Manager







Recommendation: Authorize the City Manager to execute a Memorandum of

Understanding with the Muscogee County School District for the exchange of

property for future redevelopment purposes.



Background: The City has assembled a large tract (approx. 33 acres) in

South Columbus for redevelopment purposes. The City also has plans to make

road improvements, streetscapes, and multi-purpose recreational trails in the

immediate area to further promote development of the area. The City has a

need for land to implement road improvements at Buena Vista Road railroad

crossing. Additional right-of-way will be required for road realignments and

construction. The Muscogee County School District (MCSD) has a need for land

in South Columbus for future educational purposes. MCSD currently owns

approximately 36 acres immediately adjacent to the City owned property.



Analysis: The proposed exchange of land described in Exhibit "A" of the

Memorandum of Understanding will allow both organizations to meet critical

needs for future developments. The Memorandum of Understanding will allow both

organizations to conduct due diligence on the proposed exchange. The exchange

of property will be for property of equal value based on appraisals agreed upon

by both parties. If there is a difference in value of the property to be

exchange, the party whose property is less in value than the other party's

property shall pay the difference in cash at closing to the other party whose

property is more valuable. Under the terms of the agreement the MCSD reserves

the right to utilize two rooms on the Marshal Middle School Property based on

terms agreed to by both parties.



Financial Considerations: The City will incur some cost during the due

diligence period with the MCSD for appraisals and environmental reviews.

Funds are budgeted in the Community Reinvestment Department Budget for this

purpose.



Projected Annual Fiscal Impact Statement: The property exchange would reduce

the ROW cost for the Buena Vista Road project. The City would assume

maintenance responsibilities for the property being acquired but relived of the

responsibilities for the property being conveyed. Maintenance costs for the

Marshal Middle School site will be determined during the due diligence period.



Legal Considerations: Council must approval all Memorandum of Understanding

agreements and property transactions.



Recommendations/ Actions: Authorize the City Manager to execute a Memorandum of

Understanding with the Muscogee County School District for the exchange of

property for future redevelopment purposes.









A RESOLUTION



NO. _____

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING WITH THE MUSCOGEE COUNTY SCHOOL DISTRICT FOR THE EXCHANGE OF

PROPERTY FOR FUTURE EDUCATIONAL AND REDEVELOPMENT PURPOSES.

WHEREAS, the School District is the owner of those certain properties

identified as the School District Properties on Exhibit "A" attached hereto

(the "School District Properties"); and,

WHEREAS, the City is the owner of that certain property containing 33 acres,

more or less, located on Fr. Benning Road and identified as the City Owned

Property on Exhibit "A" attached hereto (the "City Owned Property"); and,

WHEREAS, the City is contemplating acquiring those certain properties

identified as the City Acquisition Properties on Exhibit "A" attached hereto,

which are contiguous to the City Owned Property (the "City Acquisition

Properties"), and together with the City Owned Property hereinafter

collectively referred to as the "City Properties"); and,

WHEREAS, the City Properties are in the immediate vicinity of a 7 acre, more or

less, tract of land on Ft. Benning Road and a 28 acre, more or less, tract of

land on Cusseta Road which are owned by the School District which the School

District is holding for future use (collectively referred to as the "School

District 35 acres"); and,

WHEREAS, the City, as part of its efforts to revitalize the areas surrounding

the City Properties and the School District 35 acres, is in the process of

making certain road improvements to Cusseta Road and Ft. Benning Road in the

immediate vicinity of the City Properties and the School District 35 acres, and

is also in the process of developing the former railroad line property

adjoining the City Owned Property and the School District 35 acres; and,

WHEREAS, the School District desires to exchange some or all of the School

District Properties in exchange for some or all of the City properties for

future use; and,

WHEREAS, the City desires to exchange the City Property for some or all of the

School District Properties for its future use and revitalization of the areas

surrounding properties; and,

WHEREAS, the parties shall have two (2) years, for the City to acquire the City

Acquisition Properties and for the Parties to perform necessary due diligence

with respect to the properties that will be in the final exchange, including,

but not limited to, performing or obtaining title exams, surveying,

environmental testing, appraisals and third party approvals, if any are

required, in order to consummate the exchange; and,

WHEREAS, the Parties agree that the exchange of all the subject properties does

not have to occur simultaneously and may occur in one or more exchanges during

the Term, subject to the terms of the agreement; and,

WHEREAS, the Parties acknowledge that the total value of the School District

Property exchanged and the total value of the City Property to be exchanged in

any exchange that occurs during the Term shall be equal, or, if not, the party

whose property is less in value than the other party's property shall pay the

difference in cash at closing to the other party whose property is more

valuable; and,

WHEREAS, after the time of the exchange of the Marshall Middle School property

that is part of the School District Property, the City and the School District

will enter into an agreement whereby the School District will have the right to

continue to occupy and use space known as Rooms 102 and 103 of the building

known as Building 40000 located on the Marshall Middle School property for such

term and upon such conditions as the parties agree to; and,

WHEREAS, The Properties will be exchanged pursuant to limited warranty deeds.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

We hereby authorize the Mayor to execute the attached Memorandum of

Understanding and hereby authorize the City Manager, City Attorney, Finance

Director or their representatives to carry out performance of an exchange of

all or part of real estate properties listed on Exhibit ?A? to the Memorandum

of Understanding.

___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held

the _________ day of _____________, and adopted at said meeting by the

affirmative vote of _____________ members of said Council.



Councilor Allen voting __________.







Councilor Henderson voting __________.

Councilor Huff voting __________.

Vacant __________.

Councilor Turner Pugh voting __________.



Councilor Woodson voting __________.





________________________ _________________________

Tiny Washington, Clerk of Council , Mayor









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