Agenda Item # 8
Columbus Consolidated Government
Council Meeting
1/22/2013
Agenda Report # 015
TO: Mayor and Council
SUBJECT: Moon Road Widening Project - Parcel 35 6330 Moon Road
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 35, 6330
Moon Road (map attached) for the Moon Road Widening Project, Muscogee County
totaling 0.017 acres +/- of Right of Way, Temporary Construction Easement
totaling 0.005 acres+/-, two (2) Permanent Slope and Drainage Easements
totaling 0.002 acres+/- plus a Drive Way 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 negotiate a reasonable settlement. The owners of said parcel
has Legal representation.
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. The City's
consultant is in the process of finalizing plans and specifications for
solicitation of bids on the project by the end of February.
Financial Considerations: This project is funded by the SPLOST Funds.
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.
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 Moon Road from Wilbur Drive to
Whittlesey Boulevard Project, (53023 20090 0) are such that it is necessary to
immediately acquire easements and lands in the following described property,
to-wit:
PROJECT NO.: 53023 20090 0
P. I. NO.: n/a
PARCEL NUMBER: 35
DATE OF R/W PLANS: December 3, 2009
LAST REVISION DATE: October 15, 2012
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 24.94 feet right of and opposite station 44+84.43 on the
proposed construction centerline of Moon Road on the project Moon Road from
Wilbur Drive to Whittlesey Boulevard for the City of Columbus, Georgia; thence
running N 00?36'48" E a distance of 75.00 feet to a point 25.22 feet right of
and opposite station 45+59.43 on said proposed construction centerline for Moon
Road; thence running S 89?26'36" E a distance of 9.78 feet to a point 35.00
feet right of and opposite station 45+59.40 on said proposed construction
centerline for Moon Road; thence running S 00?23'45" W a distance of 75.00 feet
to a point 35.00 feet right of and opposite station 44+84.40 on said proposed
construction centerline for Moon Road; thence running N 89?27'13" W a distance
of 10.06 feet to the point of beginning. Containing 744 square feet (0.017
acres), more or less.
Such required right-of-way is shown colored yellow on the attached plat, which
is also on file in the Office of the Right of Way Acquisition & Transportation
Planning Coordinator of Columbus, Georgia.
Required Temporary Slope Easement:
The right to construct any required slopes within the easement area shown
colored green on the attached plat, and described as follows:
All that tract or parcel of land lying and being in Land Lot 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 35.00 feet right of and opposite Station 44+90.00 on the
proposed construction centerline of Moon Road on the project Moon Road from
Wilbur Drive to Whittlesey Boulevard for the City of Columbus, Georgia; thence
running N 00?23'43" E a distance of 51.73 feet to a point 35.00 feet right of
and opposite station 45+41.73 on said proposed construction centerline for Moon
Road; thence running N 13?49'10" E a distance of 10.77 feet to a point 37.50
feet right of and opposite station 45+52.21 on said proposed construction
centerline for Moon Road; thence running S 02?21'54" E a distance of 62.28 feet
to a point 40.50 feet right of and opposite station 44+90.00 on said proposed
construction centerline for Moon Road; thence running N 89?36'15" W a distance
of 5.50 feet to the point of beginning. Containing 236 square feet (0.005
acres), more or less.
Said easement expires upon completion and final acceptance of said project by
the Columbus Consolidated Government.
Required Permanent Slope and Drainage Easements:
The right to construct and maintain any required slopes and drainage structures
within the easement area shown colored orange on the attached plat and
described as follows.
All that tract or parcel of land lying and being in Land Lot 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 35.00 feet right of and opposite Station 44+84.40 on the
proposed construction centerline of Moon Road on the project Moon Road from
Wilbur Drive to Whittlesey Boulevard for the City of Columbus, Georgia; thence
running N 00?23'57" E a distance of 5.60 feet to a point 35.00 feet right of
and opposite station 44+90.00 on said proposed construction centerline for Moon
Road; thence running S 89?36'15" E a distance of 5.50 feet to a point 40.50
feet right of and opposite station 44+90.00 on said proposed construction
centerline for Moon Road; thence running S 00?23'53" W a distance of 5.61 feet
to a point 40.50 feet right of and opposite station 44+84.39 on said proposed
construction centerline for Moon Road; thence running N 89?36'52" W a distance
of 5.50 feet to the point of beginning. Containing 31 square feet (0.001
acres), more or less.
Required Permanent Slope and Drainage Easements:
The right to construct and maintain any required slopes and drainage structures
within the easement area shown colored orange on the attached plat and
described as follows:
All that tract or parcel of land lying and being in Land Lot 17 of the 8th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 35.00 feet right of and opposite Station 45+41.73 on the
proposed construction centerline of Moon Road on the project Moon Road from
Wilbur Drive to Whittlesey Boulevard for the City of Columbus, Georgia; thence
running N 00?23'44" E a distance of 17.67 feet to a point 35.00 feet right of
and opposite station 45+59.40 on said proposed construction centerline for Moon
Road; thence running S 89?26'59" E a distance of 2.50 feet to a point 37.50
feet right of and opposite station 45+59.39 on said proposed construction
centerline for Moon Road; thence running S 00?23'26" W a distance of 7.19 feet
to a point 37.50 feet right of and opposite station 45+52.21 on said proposed
construction centerline for Moon Road; thence running S 13?49'10" W a distance
of 10.77 feet to the point of beginning. Containing 31 square feet (0.001
acres), more or less.
Required Temporary Driveway Easement:
The right to an easement for the construction of a driveway as shown colored
pink on the attached plat.
Said easement expires 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 $2,295.00 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 _______________, 2013 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 Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
______________________________
_________________________
Tiny B. Washington, Clerk of Council , Mayor
Attachments