RESOLUTION
NO.________
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO
IMMEDIATELY ACQUIRE AN EASEMENT FOR AVIATION AND NOISE IN REGARD TO LOT 9,
BLOCK B, DAVID ESTATE, A/K/A 5570 MERLE AVENUE, COLUMBUS, MUSCOGEE COUNTY,
GEORGIA, TAX MAP IDENTIFICATION NO. 188-006-005, TITLE TO CERTAIN OBJECTS OR
NATURAL GROWTH OBSTRUCTING AIRWAYS AND AN EASEMENT FOR ACCESS OF INGRESS,
EGRESS AND REGRESS TO REMOVE SAID OBJECTS UNDER THE PROVISIONS OF THE OFFICIAL
CODE OF GEORGIA ANNOTATED AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF
SAID INTERESTS FOR AIRPORT PURPOSES AND AUTHORIZING THE FILING OF A DECLARATION
OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES FOR THE ACQUISITION OF
SAID INTEREST UNDER THE AUTHORITY OF THE OFFICIAL CODE OF GEORGIA ANNOTATED,
SECTIONS 6-3-20 AND 32-3-1, ET. SEQ.
WHEREAS, there is determined that the circumstances in connection with
acquiring aviation and noise easements for the use and operation of the
Columbus Metropolitan Airport are such that it is necessary to immediately
acquire such interests as follows, to-wit:
A perpetual aviation easement, all as is hereinafter more particularly
described, granting unto Columbus, Georgia, a consolidated city-county
government, and unto its successors and assigns, whomsoever, for the benefit of
the public in their use of the Columbus Metropolitan Airport, or of any
successor thereto, the following easements, rights, privileges, and
prerogatives, to-wit:
1. An absolute prohibition for any man-made or natural objects or structures,
of whatsoever kind and nature, to be erected, altered, allowed to grow, or be
maintained, in any way, whatsoever, in the airspace hereinafter more
particularly described.
2. A continuing and perpetual right and easement to take any action needful or
necessary to prevent the erection, alteration, continued growth, or
maintenance, in any way, whatsoever, of any objects or structures, man-made or
natural, of whatsoever kind and nature, in the airspace hereinafter more
particularly described, together with the right of ingress, egress and regress
over, on and through the property of the Condemnees and of their successors and
assigns hereinafter more particularly described to take any such action.
(a) Provided that such right of ingress, egress and regress, as well as
right to take any action needful or necessary to prevent any intrusions into
such airspace hereinafter more particularly described, shall only be exercised
at such reasonable times and shall cause the least damage and inconvenience to
Condemnees and to their successors and assigns as is necessary for Condemnor to
exercise the rights condemned.
(b) Condemnees and their successors and assigns shall keep and maintain
and shall have the right to use their property and the airspace above it for
any and all purposes, whatsoever, not inconsistent with Condemnor's full
enjoyment of the easements and rights condemned, provided that Condemnees shall
not erect or construct any intrusions into such airspace hereinafter more
particularly described, nor allow any natural objects to intrude therein, in
any way, whatsoever, so as to limit Condemnor's full enjoyment of the aviation
easements condemned, all as are herein stipulated.
(c) As part of the easements condemned, Condemnor, and its successors
and assigns, shall have the right, from time to time, to trim, cut down and
clear away any and all trees or other natural intrusions within the airspace
hereinafter more particularly described, and to remove any man-made structures
or objects now existing or hereafter constructed or erected therein.
3. A continuing and perpetual right and easement of flight for the passage of
aircraft in the airspace hereinafter more particularly described, together with
the right and easement to cause in said airspace hereinafter more particularly
described such noise, vibrations, fumes, and other concomitants as may be
inherent in the use of said airspace hereinafter more particularly described
for the landing, taking off or operation of aircraft at the Columbus
Metropolitan Airport, or any successor thereto.
4. The rights and easements condemned shall be binding upon Condemnees and upon
their respective heirs, executors, administrators, successors, and assigns,
whomsoever, and shall enure to the benefit of the successors and assigns of
Condemnor.
5. Such rights and easements condemned shall run with the land in perpetuity.
Such airspace and the real property in regard thereto for which aviation
easements and rights are being condemned are more particularly shown on a map
or plat prepared by Transportation Systems Design, Inc.; dated March 14, 2006;
entitled "LOT SURVEY FOR COLUMBUS AIRPORT COMMISSION ADDRESS: 5570 MERLE
AVENUE?, and duly recorded in the Office of the Clerk of the Superior Court in
Plat Book 157, Page 10, and on a map or plat prepared by Transportation Systems
Design, Inc.; dated March 14, 2006; entitled "LOT SURVEY FOR COLUMBUS AIRPORT
COMMISSION ADDRESS: 5570 MERLE AVENUE?, and duly recorded in the aforesaid
Clerk's Office in Deed Book 157, Page 11. Such maps or plats are duly
incorporated by reference herein, and such airspace for which easements and
rights are being condemned is more particularly described as follows, to-wit:
All those lots, tracts or parcels of land lying and being in the city of
Columbus, in Muscogee county, Georgia, and being known and designated as Lot 9,
Block B, ?DAVID ESTATE?, as shown upon a map or plat entitled ?Replat of Lots
17 thru 26 of Subdivision of Part of David Estate lying in Land Lot 45, 8th
District, Muscogee County, Georgia?, as shown on a survey prepared by L.R.
Aldridge, Jr., under date of May 27, 1952 and recorded in Plat Book 20, Page 35
in the Office of the Clerk of the Superior Court of Muscogee County, Georgia,
and which easement is more particularly described as follows:
Beginning at the intersection of the northern right of way of Alma Street, and
the eastern right of way of Merle Ave., proceed north along the eastern right
of way of Merle Ave. approximately 291.6 feet to a point, said point being the
southwest corner of Lot 9, Block B, ?DAVID ESTATE?, thence South 89 Degrees, 58
Minutes, 50 Seconds West, 189.545 feet to a point of Lot 9, Block B, ?DAVID
ESTATE?, said ground elevation is at that point being 420.6 feet (M.S.L.);
thence running vertically toward the zenith, 104.3 feet to an imaginary Point
?A? (elevation 524.9 feet) on the imaginary plane which forms the lower limits
of the 20:1 Runway Protection Zone (a.k.a. Glide Slope); said runway protection
zone begins 200.0 feet from the end of Runway 12, of Columbus Metropolitan
Airport at elevation 397.2 feet and slopes upward toward the subject property
North 52 Degrees, 16 Minutes, 58 Seconds West, rising 1.0 foot every 20.0 feet
entering the above subject property at Point ?A? located above, which is the
POINT OF BEGINNING; thence the plane continues rising at a slope of 20 to 1,
North 52 Degrees, 16 Minutes, 58 Seconds West, over said parcel, Lot 9, Block
B, ?DAVID ESTATE?, exiting Lot 9, in Block B, ?DAVID ESTATE?, at Point
?B? (elevation 537.3 feet).
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is an immediate necessity of acquisition of said aviation
easements and/or property interests under the provisions of the Official Code
of Georgia Annotated ??6-3-20 and 32-3-1, et. seq.
2.
That the Mayor of Columbus, Georgia be, and he 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 acquisition of said aviation easements
and/or property interests by condemnation under the provisions of said Acts, or
otherwise.
3.
That the acquisition of such aviation easements and/or property
interests is needed for public transportation purposes.
4.
That in accordance with an investigation and report made to Columbus,
Georgia by a competent land appraiser, the estimated value of $5,100.00 as just
and adequate compensation to be paid for said acquisition is hereby determined
and approved and said 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 action that
they may deem needful, necessary, advisable, or proper for acquisition of said
aviation easements and/or property interests pursuant to and in accordance with
the provisions of the Official Code of Georgia Annotated ??6-3-20 and 32-3-1,
et. seq., or otherwise.
Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of 2006, and
adopted at said meeting by the affirmative vote of members of said
Council.
Councilor Allen voting __________.
Councilor Anthony voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Hunter voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Rodgers voting __________.
Councilor Suber voting __________.
Councilor Woodson voting __________.
_________________________
_____________________________
Tiny B. Washington, Clerk of Council Robert S. Poydasheff, Mayor
Attachments
No attachments for this document.