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
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