Agenda Item # 1
Columbus Consolidated Government
Council Meeting
02/08/2011
Agenda Report # 600
TO: Mayor and Council
SUBJECT: Whittlesey Road Condemnation
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation
Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 15, 1821
Whittlesey Road, (map attached) for the Whittlesey Road Widening Project
(STP-8060(2) totaling 0.179 +/- acres for a Temporary Construction 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 Whittlesey Road Widening Project.
Background: The parcel listed above is requested for condemnation because of
the inability to negotiate a Fair Market Value and no attempt of a counter
offer was made to the city. Negotiations began on November 15, 2007. There has
been numerous attempts (seven (7) times) by the Georgia Department of
Transportation (GDOT) to re-design this parcel to accommodate the Owners
concerns. The last plan, the GDOT completely re-designed an alternative that
did not impact their property except for the Driveway Easement. The plans had
to be changed because Driveways are a non- compensatory item (no value). Such
an item cannot be condemned because there is no value to a Driveway easement.
Therefore, it was changed to a Temporary Construction Easement (with a value)
that reverts back to the property owner after completion of project. A "10 day
Notice" letter ( as per procedure and policy set forth by State and Federal
Guidelines) was sent to the owners on December 29, 2010 by Registered mail as
well as an E-Mail that was sent on December 28, 2010. They refused to accept
the Registered letter, which was returned to the City.
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 by the CIP Funds.
Legal Considerations: The City Attorney agrees to this action.
Recommendations/ Actions: Authorizing the acquisition of said property through
condemnation 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 A TEMPORARY CONSTRUCTION EASEMENT TO LANDS UNDER THE PROVISION OF THE
OFFICIAL CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE
ACQUISITION OF SAID 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 EASEMENT 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 Whittlesey Road Project (STP-8060(2)) are such
that it is necessary to immediately acquire a temporary construction easement
with respect to the following described property, to-wit:
PROJECT NO.: STP-8060(2) Muscogee County
P. I. NO.: 351010
PARCEL NUMBER: 15
DATE OF R/W PLANS: April 14, 2006
REVISION DATE: November 18, 2010
The right to a temporary construction easement within the temporary
construction easement area shown colored green on a plat filed in the Office of
the Right of Way Acquisition & Transportation Planning Coordinator of Columbus,
Georgia, and being more particularly described as follows, to-wit:
All that tract or parcel of land lying and being in Land Lot 43 of the 8 Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 60.35 feet left of and opposite Station 32+15.00 on
the construction centerline of Whittlesey on Georgia Highway Project No.
STP00-8060-00(002); running thence N 5?03'58.6" W a distance of 54.65 feet to a
point 115.00 feet left of and opposite station 32+15.00 on said construction
centerline laid out for WHITTLESEY; thence N 84?54'37.2" E a distance of 32.18
feet to a point 115.00 feet left of and opposite station 32+47.00 on said
construction centerline laid out for WHITTLESEY; thence N 9?20'55.2" E a
distance of 20.64 feet to a point 135.00 feet left of and opposite station
32+52.00 on said construction centerline laid out for WHITTLESEY; thence N 37?
10'05.8" E a distance of 22.89 feet to a point 152.00 feet left of and opposite
station 32+67.00 on said construction centerline laid out for WHITTLESEY;
thence S 52?28'00.3" E a distance of 85.08 feet to a point 95.00 feet left of
and opposite station 33+29.00 on said construction centerline laid out for
WHITTLESEY; thence S 4?15'36.0" E a distance of 42.67 feet to a point 52.33
feet left of and opposite station 33+29.00 on said construction centerline laid
out for WHITTLESEY; thence S 89?15'07.3" W a distance of 115.06 feet back to
the point of beginning. Containing 0.179 acres more or less.
Said temporary construction easement will expire upon completion and final
acceptance of said project by the Department of Transportation.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is a necessity for the immediate acquisition of said
temporary construction easement 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
temporary construction easement by condemnation under the provisions of said
Act.
3.
That the immediate acquisition of such temporary construction easement
is for county roads, municipal streets or public highway purposes.
4.
That in accordance with an investigation and report made to Columbus,
Georgia by competent land appraiser, the estimated value for the use of said
temporary construction easement is $16,250.00, which sum is just and adequate
compensation to be paid for such temporary construction easement, is hereby
determined and approved, and such 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 actions that
they may deem needful, necessary, advisable, or proper for the immediate
acquisition of said temporary construction easement 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 , 2011 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