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 # 2



Columbus Consolidated Government



Council Meeting

December 7, 2010



Agenda Report # 583





TO: Mayor and Councilors



SUBJECT: Hilton Avenue Easement



INITIATED BY: Finance Department





Recommendation: Approval is requested to execute an Easement Agreement for

drainage purposes at 3312 Hilton Avenue, Columbus, GA.



Background: The City is in need of install a storm water sewer or pipe,

together with related facilities, improvements and repairs on and through a

citizen?s property by virtue of an easement. The property located at 3312

Hilton Avenue is owned by Jeremy Jeffery. The property is absolutely, in fee

simple, and free and clear of any and all liens, debts, encumbrances, and

obligations, of whatsoever kind and nature.



Analysis: The installation of such storm water sewer pipe, together with

related facilities, will result in the relocation of certain improvements

located on the Property, to include, but not limited to, grass, trees, shrubs,

foliage, and paving, as well as result in any disturbance to the Property

arising by virtue of such installation and relocation.



Financial Considerations: Funding for all mutual agreements, construction

contracts, covenants, promises, and benefits arising herefrom, to accept the

aforementioned easement for drainage project up to $500,000 is available in

Drainage project 21108.



Projected Annual Fiscal Impact Statement: Maintenance for the drainage

improvements on Hilton Avenue will be included in the general maintenance

responsibilities of the Stormwater Maintenance Division of the Public Services

Department.



Legal Considerations: The City Attorney has no issue with this request.



Recommendations/Actions: Approve a Resolution authorizing payment for all

mutual agreements, construction contracts, covenants, promises, and benefits

arising herefrom, to accept the aforementioned easement, and execute any other

necessary agreements for said drainage project up to $500,000, which is

available in Drainage project 21108.



A RESOLUTION

NO. ____



A RESOLUTION APPROVING THE ACCEPTANCE OF AN EASEMENT AND CONSTRUCTION OF

DRAINAGE IMPROVEMENTS AT 3312 HILTON AVENUE, COLUMBUS, GA.



WHEREAS, Jeremy Jeffery, hereinafter called "Jeffery", is the owner of property

at 3312 Hilton Avenue located in Land Lots 49 and 52 of the Eighth District,

Columbus, Muscogee County, Georgia, which Property Jeffery owns, absolutely, in

fee simple, and free and clear of any and all liens, debts, encumbrances, and

obligations, of whatsoever kind and nature; and,



WHEREAS, City is in need of installing a storm water sewer or pipe, together

with related facilities, improvements and repairs on and through Jeffery?s

Property by virtue of an easement; and,



WHEREAS, the installation of such storm water sewer pipe, together with related

facilities, will result in the relocation of certain improvements located on

the Property, to include, but not limited to, grass, trees, shrubs, foliage,

and paving, as well as result in any disturbance to the Property arising by

virtue of such installation and relocation; and,



WHEREAS, Jeffery has agreed to the grant of such Easement to City, conditioned

upon the City entering into this Agreement: (i) governing the City?s

installation of such storm water sewer or pipe, together with related

facilities, improvements and repairs, and the resultant relocation of certain

improvements located on the Property arising by virtue thereof, and (ii)

providing reimbursement to Jeffery for any out-of-pocket expenses with respect

to remediation efforts which Jeffery will undertake on his own.



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



That the Mayor, City Manager, City Attorney and Finance Director is hereby

authorized, in consideration of the mutual agreements, construction contracts,

covenants, promises, and benefits arising herefrom, to accept the

aforementioned easement, and execute any other necessary agreements for said

drainage project up to $500,000, which is available in Drainage project 21108.

_____________



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

______ day of __________, 2010, and adopted at said meeting by the affirmative

vote of ______ members of said Council.



Councilor Allen voting __________.

Councilor Anthony voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Davis voting __________.

Councilor Henderson voting __________.

Councilor Hunter voting __________.

Councilor McDaniel voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.



_______________________________ _____________________________

Tiny B. Washington, Clerk of Council Jim Wetherington, Mayor

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