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 # 2



Columbus Consolidated Government



Council Meeting



01/12/2010



Agenda Report # 458



TO: Mayor and Council



SUBJECT: Whittlesey Road Widening Project Condemnation



INITIATED BY: Felton G. Grant, Right of Way Acquisition coordinator,

Transportation Planning Division







Recommendation: Approval is requested for the acquisition of Parcel 34, 6440

West Hamilton Park Dr. (map attached) for the Whittlesey Road Widening Project

totaling 0.046 =/- acres for Right of Way and 0.111 Acres for 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 receive releases from all who have interest involving said

parcel. Several months were given to get this accomplished all to no avail.



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: 34

DATE OF R/W PLANS: April 14, 2006





All that tract or parcel of land lying and being in Land Lot 57 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 50.82 feet right of and opposite Station 54+41.41 on

the construction centerline of WHITTLESEY RD. on Georgia Highway Project No.

STP-8060(2) ; running thence southeasterly 173.274 feet along the arc of a

curve (said curve having a radius of 8537.180 feet and a chord distance of

173.271 feet on a bearing of S 86?50'44.0" E) to the point 51.11 feet right of

and opposite station 56+13.16 on said construction centerline laid out for

WHITTLESEY RD; thence S 0?19'58" E a distance of 8.90 feet to a point 60.00

feet right of and opposite station 56+13.55 on said construction centerline

laid out for WHITTLESEY RD; thence northwesterly 145.052 feet along the arc of

a curve (said curve having a radius of 5789.559 feet and a chord distance of

145.049 feet on a bearing of N 87?05'10" W) to the point 60.00 feet right of

and opposite station 54+70.00 on said construction centerline laid out for

WHITTLESEY RD; thence S 47?46'05" W a distance of 41.70 feet to a point 90.00

feet right of and opposite station 54+41.41 on said construction centerline

laid out for WHITTLESEY RD; thence northeasterly 39.185 feet along the arc of a

curve (said curve having a radius of 1204.806 feet and a chord distance of

39.183 feet on a bearing of N 3?54'60" E) back to the point of beginning.

Containing 0.046 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 60 feet right of and opposite Station 54+70.00 on the

construction centerline of WHITTLESEY RD. on Georgia Highway Project No.

STP-8060(2) ; running thence southeasterly 145.052 feet along the arc of a

curve (said curve having a radius of 5789.559 feet and a chord distance of

145.049 feet on a bearing of S 87?05'09.6" E) to the point 60.00 feet right of

and opposite station 56+13.55 on said construction centerline laid out for

WHITTLESEY; thence S 0?19'58.5" E a distance of 15.01 feet to a point 75.00

feet right of and opposite station 56+14.20 on said construction centerline

laid out for WHITTLESEY; thence S 0?19'58.5" E a distance of 10.01 feet to a

point 85.00 feet right of and opposite station 56+14.64 on said construction

centerline laid out for WHITTLESEY; thence S 0?19'58.5" E a distance of 5.00

feet to a point 90.00 feet right of and opposite station 56+14.85 on said

construction centerline laid out for WHITTLESEY; thence northwesterly 176.168

feet along the arc of a curve (said curve having a radius of 5819.558 feet and

a chord distance of 176.161 feet on a bearing of N 86?56'58.5" W) to the point

90.00 feet right of and opposite station 54+41.41 on said construction

centerline laid out for WHITTLESEY; thence N 47?46'04.8" E a distance of 41.70

feet back to the point of beginning. Containing 4818.65 SF (0.111 acres) 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 34 is

$55,965.00, 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 , 20 , 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 Jim Wetherington, Mayor

Attachments


Back to List