Agenda Item # 3
Columbus Consolidated Government
Council Meeting
3/9/2010
Agenda Report # 478
TO: Mayor and Council
SUBJECT: Whittlesey Road Widening Project Condemnation (Parcel 2C)
INITIATED BY: Felton G. Grant, Right of Way Acquisition coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 2C, 1688
Whittlesey Road (map attached) for the Whittlesey Road Widening Project
totaling 0.031 =/- acres for Right of Way and 0.083 Acres of Easement for
Construction and Maintenance of Slope & Utilities 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 the
owner was not in agreement with Appraised Value Offer and would not make a
counter offer and told the City to proceed with condemnation on said parcel.
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and to pay the money into Court, thereby taking position of the
property allowing the City to proceed with the project.
Financial Considerations: This project is funded by the CIP Funds.
Legal Considerations: The City Attorney agrees to this action.
Recommendations/ Actions: Authorizing the City Manager to order the
Acquisition of said lands 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(2)) 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(2) Muscogee County
P. I. NO.: 351010
PARCEL NUMBER: 2C
DATE OF R/W PLANS: April 14, 2006
REVISION DATE: January 29, 2010
All that tract or parcel of land lying and being in Land Lot 64 of the 8th Land
District and/or N/A Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 46 feet right of and opposite Station 11+07.32 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP00-8060-00(002); running thence S 84?34'48.7" W a distance of 5.86 feet to a
point 40.14 feet right of and opposite station 11+07.33 on said construction
centerline laid out for WHITTLESEY; thence N 5?36'45.5" W a distance of 114.93
feet to a point 39.83 feet right of and opposite station 12+23.06 on said
construction centerline laid out for WHITTLESEY; thence northwesterly 97.766
feet along the arc of a curve (said curve having a radius of 668.248 feet and a
chord distance of 97.678 feet on a bearing of N 0?59'38.9" W) to the point
38.54 feet right of and opposite station 13+26.47 on said construction
centerline laid out for WHITTLESEY; thence N 84?23'26.3" E a distance of 7.56
feet to a point 46.00 feet right of and opposite station 13+27.81 on said
construction centerline laid out for WHITTLESEY; thence southeasterly 111.467
feet along the arc of a curve (said curve having a radius of 670.000 feet and a
chord distance of 111.338 feet on a bearing of S 0?45'38.8" E) to the point
46.00 feet right of and opposite station 12+08.69 on said construction
centerline laid out for WHITTLESEY; thence S 5?31'37.7" E a distance of 101.37
feet back to the point of beginning. Containing 0.031 acres more or less.
ALSO, to be acquired is the right to construct and maintain any required slopes
within the permanent easement areas 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 63 feet right of and opposite Station 11+07.29 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP00-8060-00(002); running thence S 84?33'10.4" W a distance of 17.00 feet to
a point 46.00 feet right of and opposite station 11+07.32 on said construction
centerline laid out for WHITTLESEY; thence N 5?31'37.7" W a distance of 101.37
feet to a point 46.00 feet right of and opposite station 12+08.69 on said
construction centerline laid out for WHITTLESEY; thence northwesterly 111.467
feet along the arc of a curve (said curve having a radius of 670.000 feet and a
chord distance of 111.338 feet on a bearing of N 0?45'38.8" W) to the point
46.00 feet right of and opposite station 13+27.81 on said construction
centerline laid out for WHITTLESEY; thence N 84?22'13.3" E a distance of 17.25
feet to a point 63.00 feet right of and opposite station 13+30.97 on said
construction centerline laid out for WHITTLESEY; thence southeasterly 111.522
feet along the arc of a curve (said curve having a radius of 653.000 feet and a
chord distance of 111.387 feet on a bearing of S 0?38'16.3" E) to the point
63.00 feet right of and opposite station 12+08.69 on said construction
centerline laid out for WHITTLESEY; thence S 5?31'24.1" E a distance of 101.40
feet back to the point of beginning. Containing 0.083 acres (3618.84 SF) more
or less.
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 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 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 2C is
$17,652.00, 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 , 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 , Mayor
Attachments