Agenda Item # 5
Columbus Consolidated Government
Council Meeting
09/25/2018
Agenda Report # 30
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 31 3205 Buena Vista Road Spider
Web Network
INITIATED BY: Right of Way Acquisition Coordinator, Planning Department
Recommendation: Approval is requested for a acquisition of Parcel 31,
3205 Buena Vista Road, Muscogee County totaling 512.26 sq. ft.+/- of Right of
Way, 2,148.66 sq. ft +/- of Permanent Easement (area 2), 2,711.14 sq. ft. +/-
Permanent Easement (Area 3), 4,336.49 sq ft. =/- Drainage Easement+/-and 446.79
sq. ft. of Driveway Easement for a 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 one of the two owners died requiring the City to condemn to take
position of said property because there was no Will to probate.
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: Funding for the project will be from GDOT
Transportation Investment Act (TIA) of 2010.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after the 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 purpose 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.
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 property for the Buena Vista Road Spider Web Network Project,
(STP00-000-00(473)) are such that it is necessary to immediately acquire fee
simple title in the following described property, to-wit:
PROJECT NO.: STP00-000-00(473)
P. I. NO.: 0011436
PARCEL NUMBER: 31
DATE OF R/W PLANS: 08/03/2017
LAST REVISION DATE: 09/04/2018
TAX MAP NUMBER: 065-002-011
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 100 of the 921
Georgia Militia District of Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 60.49 feet left of Construction Centerline Buena Vista
Road at Station 195+05.00; running thence N 20^54'09.1" E a distance of 7.51
feet to a point 68.00 feet left of and opposite station 195+05.00 on said
construction centerline laid out for C/L Buena Vista Road; thence S 72^04'35.4"
E a distance of 70.42 feet to a point 69.00 feet left of and opposite station
195+80.61 on said construction centerline laid out for C/L Buena Vista Road;
thence S 61^13'00.0" W a distance of 10.70 feet to a point 61.36 feet left of
and opposite station 195+72.60 on said construction centerline laid out for C/L
Buena Vista Road; thence N 71^49'20.0" W a distance of 63.47 feet back to the
point of beginning.
The above described parcel contains ? 0.012 acres (512.26 sq. ft.).
Such required right-of-way is shown colored in yellow on the attached plats,
which plats are also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Easements:
Area 1 - Required Drainage Easement :
All that tract or parcel of land lying and being in Land Lot 100 of the 921
Georgia Militia District of Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 72.06 feet left of Construction Centerline Buena Vista
Road at Station 192+41.00; running thence N 54^06'14.8" E a distance of 25.83
feet to a point 95.00 feet left of and opposite station 192+52.87 on said
construction centerline laid out for C/L Buena Vista Road; thence S 63^16'28.8"
E a distance of 147.13 feet to a point 95.00 feet left of and opposite station
194+00.00 on said construction centerline laid out for C/L Buena Vista Road;
thence S 26^43'06.6" W a distance of 37.96 feet to a point 57.04 feet left of
and opposite station 194+00.00 on said construction centerline laid out for C/L
Buena Vista Road; thence N 63^16'04.3" W a distance of 55.05 feet to a point
57.05 feet left of and opposite station 193+44.95 on said construction
centerline laid out for C/L Buena Vista Road; thence N 27^36'33.3" E a distance
of 15.00 feet to a point 72.05 feet left of and opposite station 193+45.18 on
said construction centerline laid out for C/L Buena Vista Road; thence N
63^16'04.7" W a distance of 104.19 feet back to the point of beginning.
The above described parcel contains ? 0.100 acres (4336.49 sq. ft.).
Included as part of such Required Drainage Easements is also the right to
construct and maintain any required slopes and utilities within the Required
Drainage Easement areas shown colored in blue on the attached plats, which
plats are on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Area 2 - Required Permanent Easement:
All that tract or parcel of land lying and being in Land Lot 100 of the 921
Georgia Militia District of Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 95.00 feet left of Construction Centerline Buena Vista
Road at Station 192+52.87; running thence N 54^06'12.4" E a distance of 16.89
feet to a point 110.00 feet left of and opposite station 192+60.64 on said
construction centerline laid out for C/L Buena Vista Road; thence S 63^16'28.8"
E a distance of 139.36 feet to a point 110.00 feet left of and opposite station
194+00.00 on said construction centerline laid out for C/L Buena Vista Road;
thence S 26^44'33.5" W a distance of 15.00 feet to a point 95.00 feet left of
and opposite station 194+00.00 on said construction centerline laid out for C/L
Buena Vista Road; thence N 63^16'28.8" W a distance of 147.13 feet back to the
point of beginning.
The above described parcel contains ? 0.049 acres (2148.66 sq. ft.).
Included as part of such Required Permanent Easements is also the right to
construct and maintain any required slopes and utilities within the Required
Permanent Easement areas shown colored in orange on the attached plats, which
plats are on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Area 3 - Required Permanent Easement:
All that tract or parcel of land lying and being in Land Lot 100 of the 921
Georgia Militia District of Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 57.04 feet left of Construction Centerline Buena Vista
Road at Station 194+00.00; running thence N 26^43'31.2" E a distance of 27.96
feet to a point 85.00 feet left of and opposite station 194+00.00 on said
construction centerline laid out for C/L Buena Vista Road; thence S 59^11'08.8"
E a distance of 74.22 feet to a point 77.00 feet left of and opposite station
194+80.00 on said construction centerline laid out for C/L Buena Vista Road;
thence S 68^31'42.2" E a distance of 97.36 feet to a point 73.34 feet left of
and opposite station 195+85.24 on said construction centerline laid out for C/L
Buena Vista Road; thence S 61^13'00.0" W a distance of 6.11 feet to a point
69.00 feet left of and opposite station 195+80.61 on said construction
centerline laid out for C/L Buena Vista Road; thence N 72^04'35.4" W a distance
of 70.42 feet to a point 68.00 feet left of and opposite station 195+05.00 on
said construction centerline laid out for C/L Buena Vista Road; thence S
20^54'09.1" W a distance of 7.51 feet to a point 60.49 feet left of and
opposite station 195+05.00 on said construction centerline laid out for C/L
Buena Vista Road; thence N 71^49'20.0" W a distance of 55.81 feet to a point
56.19 feet left of and opposite station 194+45.90 on said construction
centerline laid out for C/L Buena Vista Road; thence N 63^16'04.3" W a distance
of 43.50 feet back to the point of beginning.
The above described parcel contains ? 0.062 acres (2711.14 sq. ft.).
Included as part of such Required Permanent Easements is also the right to
construct and maintain any required slopes and utilities within the Required
Permanent Easement areas shown colored in orange on the attached plats, which
plats are on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Driveway Easement:
All that tract or parcel of land lying and being in Land Lot 100 of the 921
Georgia Militia District of Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 83.38 feet left of Construction Centerline Buena Vista
Road at Station 194+22.00; running thence N 25^39'30.0" E a distance of 4.62
feet to a point 88.00 feet left of and opposite station 194+22.00 on said
construction centerline laid out for C/L Buena Vista Road; thence S 66^05'21.1"
E a distance of 55.62 feet to a point 88.00 feet left of and opposite station
194+83.00 on said construction centerline laid out for C/L Buena Vista Road;
thence S 22^09'47.9" W a distance of 10.96 feet to a point 77.04 feet left of
and opposite station 194+83.00 on said construction centerline laid out for C/L
Buena Vista Road; thence N 68^36'36.2" W a distance of 2.77 feet to a point
77.00 feet left of and opposite station 194+80.00 on said construction
centerline laid out for C/L Buena Vista Road; thence N 59^11'08.8" W a distance
of 53.72 feet back to the point of beginning.
The above described parcel contains ? 0.010 acres (446.79 sq. ft.).
Said required driveway easement expires upon completion and final acceptance of
said project by the Columbus Consolidated Government, and is shown colored in
pink on the attached plat, which plat is on file in the Office of the Right of
Way Acquisition & Transportation Planning Coordinator of Columbus, Georgia.
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 $35,975.00 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 , 2018, 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 Garrett voting __________.
Councilor House voting __________.
Councilor Huff voting __________.
Councilor Thomas voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
_________________________________
_________________________
Lindsey Glisson, Deputy Clerk of Council Teresa
Pike Tomlinson, Mayor
Attachments