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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