Agenda Item # 4
Columbus Consolidated Government
Council Meeting
6/10/2014
Agenda Report # 135
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 13 of Forrest Road Improvement
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 13, 5759
Forrest Road (map attached) for the Forrest Road Improvement, Muscogee County
totaling 0.01 acres +/- of Right of Way, plus a Temporary Construction Easement
of 0.04 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 referenced project.
Background: The parcel listed above is requested for condemnation because of
the inability to come to a reasonable settlement.
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 SPLOST Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after completion of the project.
Legal Considerations: Council must approve the action by Resolution.
Recommendations/ Actions: Authorizing the City Manager to order the
Acquisition of said land 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.
A RESOLUTION
NO.
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO
IMMEDIATELY ACQUIRE EASEMENTS AND LANDS UNDER THE PROVISION OF THE OFFICIAL
CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF
SAID EASEMENTS AND 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 EASEMENTS AND 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 easements and lands for the Forrest Road from Woodruff Farm Road to
Schatulga Road Widening Project, (53009-2002) are such that it is necessary to
immediately acquire easements and lands in the following described property,
to-wit:
PROJECT NO.: 53009-2002
P. I. NO.: n/a
PARCEL NUMBER: 13
DATE OF R/W PLANS: September 7, 2012
LAST REVISION DATE: January 16, 2014
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 23 of the 9th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 29.59 feet left of and opposite Station 176+97.39 on the
construction centerline laid out for Forrest Road; thence N 40?1?22.028? E a
distance of 5.42 feet to a point 35.00 feet left of and opposite Station
176+97.67 on said construction centerline laid out for Forrest Road; thence
northeasterly 79.58 feet along the arc of a curve (said curve having a radius
of 995.35 feet and a chord distance of 79.56 feet on a bearing of N 49?11?19?
E) to the point 35.00 feet left of and opposite station 177+74.45 on said
construction centerline laid out for Forrest Road; thence S 0?14?51.914? W a
distance of 7.05 feet to a point 29.51 feet left of and opposite station
177+70.17 on said construction centerline laid out for Forrest Road; thence
southwesterly 75.02 feet along the arc of a curve (said curve having a radius
of 985.30 feet and a chord distance of 75.00 feet on a bearing of S 46?6?43? W)
to the point of beginning. Containing 0.01 acres more or less.
Such required right of way is shown in yellow on a plat on file in the Office
of the Right of Way Acquisition & Transportation Planning Coordinator of
Columbus, Georgia.
Required Temporary Easement:
Also the right to an easement for the construction of slopes as shown colored
green on such plat, being more particularly described as follows:
Beginning at a point 35.00 feet left of and opposite Station 176+97.67 on the
construction centerline laid out for Forrest Road; thence N 40?01?20.97? W a
distance of 11.78 feet to a point 46.77 feet left of and opposite Station
176+98.27 on said construction centerline laid out for Forrest Road; thence N
46?18?15.47? E a distance of 75.65 feet to a point 50.43 feet left of and
opposite Station 177+70.21 on said construction centerline laid out for Forrest
Road; thence N 13?00?48.98? W a distance of 36.33 feet to a point 83.28 feet
left of and opposite Station 177+84.74 on said construction centerline laid out
for Forrest Road; thence S 87?53?17.06? E a distance of 21.48 feet to a point
69.60 feet left of and opposite Station 178+00.08 on said construction
centerline laid out for Forrest Road; thence S 0?14?53.28? W a distance of
43.90 feet to a point 35.00 feet left of and opposite Station 177+74.45 on said
construction centerline laid out for Forrest Road; thence northwesterly 79.58
feet along the arc of a curve (said curve having a radius of 961.61feet and a
chord distance of 79.56 feet on a bearing of N 49?11?19.41? W) to the point of
beginning. Containing 0.04 acres more or less.
Said latter easement expires upon completion and final acceptance of said
project by the Columbus Consolidated Government.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is a necessity for the immediate acquisition of said
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 she deems necessary for the immediate acquisition of said
property interests by condemnation under the provisions of said Act.
3.
That the immediate acquisition of such 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 a competent land appraiser, the estimated value of $1,265.00 is just
and adequate compensation to be paid for such acquisitions, and is hereby
determined and approved, with such sum being 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 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 , 2014, 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
Attachments