Agenda Item # 4
Columbus Consolidated Government
Council Meeting
04/12/2011
Agenda Report # 627
TO: Mayor and Council
SUBJECT: Whittlesey Road Condemnation Parcel 2E, 1678 Whittlesey Road
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation
Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 2E, 1678
Whittlesey Road, (map attached) for the Whittlesey Road Widening Project
(STP-8060(2) totaling 0.070 +/- acres for Right of Way and 0.093 +/- acres for
a Permanent 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 obtain releases of entities that have an interest or claim to
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 by the CIP Funds.
Legal Considerations: Council must approve the action by resolution.
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.
RESOLUTION
NO. ______
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE TITLE AND EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL CODE
OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID
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 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 right-of-way for the Whittlesey Road Project (STP-8060-00(002))
are such that it is necessary to immediately acquire the fee simple titles
and/or easements in the following described property, to-wit:
PROJECT NO.: STP-8060-00(002) Muscogee County
P. I. NO.: 351010
PARCEL NUMBER: 2E
DATE OF R/W PLANS: April 24, 2006
REVISION DATE: September 30, 2010
All that tract or parcel of land lying and being in Land Lot 64 of the 8th Land
District and/or --- Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 36.01 feet right of and opposite Station 20+70.07 on
the construction centerline of Whittlesey on Georgia Highway Project No.
STP-8060-00(002); running thence northeasterly 162.404 feet along the arc of a
curve (said curve having a radius of 668.248 feet and a chord distance of
162.004 feet on a bearing of N 70?41'34.3" E) to the point 37.27 feet right of
and opposite station 22+41.21 on said construction centerline laid out for
WHITTLESEY; thence N 80?34'59.1" E a distance of 72.85 feet to a point 37.79
feet right of and opposite station 23+18.13 on said construction centerline
laid out for WHITTLESEY; thence S 12?29'23.5" E a distance of 12.27 feet to a
point 50.00 feet right of and opposite station 23+19.45 on said construction
centerline laid out for WHITTLESEY; thence southwesterly 237.364 feet along the
arc of a curve (said curve having a radius of 666.000 feet and a chord distance
of 236.110 feet on a bearing of S 73?08'51.3" W) to the point 50.00 feet right
of and opposite station 20+64.26 on said construction centerline laid out for
WHITTLESEY; thence N 5?30'56.9" W a distance of 15.01 feet back to the point of
beginning. Containing 0.070 acres more or less.
ALSO, granted is the right to construct and maintain any required slopes and
utilities within the easement area shown colored orange 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:
Beginning at a point 67 feet right of and opposite Station 20+56.85 on the
construction centerline of Whittlesey on Georgia Highway Project No.
STP-8060-00(002); running thence N 5?32'38.6" W a distance of 18.31 feet to a
point 50.00 feet right of and opposite station 20+64.26 on said construction
centerline laid out for WHITTLESEY; thence northeasterly 237.364 feet along the
arc of a curve (said curve having a radius of 666.000 feet and a chord distance
of 236.110 feet on a bearing of N 73?08'51.3" E) to the point 50.00 feet right
of and opposite station 23+19.44 on said construction centerline laid out for
WHITTLESEY; thence S 12?28'14.6" E a distance of 17.09 feet to a point 67.00
feet right of and opposite station 23+21.36 on said construction centerline
laid out for WHITTLESEY; thence southwesterly 239.757 feet along the arc of a
curve (said curve having a radius of 649.000 feet and a chord distance of
238.396 feet on a bearing of S 72?55'41.1" W) back to the point of beginning.
Containing 0.093 acres more or less.
Also, granted is the right to an easement for the construction of a driveway as
shown colored pink 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:
Said driveway easement expires 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
property and 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 he deems necessary for the immediate acquisition of said property
and property interests by condemnation under the provisions of said Act.
3.
That the immediate acquisition of such property and 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 competent land appraiser, the estimated value of: Parcel 2E is
$100,550.00, as just and adequate compensation to be paid for such
acquisitions, are hereby determined and approved, and such sums are 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 and 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 __________________, 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