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 # 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









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