Agenda Item # 6
Columbus Consolidated Government
Council Meeting
5/14/2013
Agenda Report # 73
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 5 of Forrest Road Cooper Creek Bridge
Construction
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 5, 4128
Forrest Road (map attached) for the Forrest Road/Cooper Creek Bridge
Construction Project, Muscogee County totaling 0.051 acres +/- of Right of Way,
Temporary Construction Easement Track 1 totaling 0.032 acres+/-,Temporary
Construction Easement Track 2 totaling 0.048 acres+/- 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 retain release Mortage Company or others with special interest
on said property.
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.
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 Bridge Replacement Over
Cooper Creek Project are such that it is necessary to immediately acquire
easements and lands in the following described property, to-wit:
PROJECT NO.: n/a
P. I. NO.: n/a
PARCEL NUMBER: 5
DATE OF R/W PLANS: January 18, 2010
LAST REVISION DATE: October 18, 2011
Required Right-of-Way:
All that tract or parcel of land lying and being in Land Lot 10 of the 9th Land
District, City of Columbus, Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 31.18 feet right of and opposite Station 14+93.63 on the
proposed construction centerline of Forrest Road on Forrest Road Bridge
Replacement over Cooper Creek for the City of Columbus, Georgia; thence running
N 84?00'55" E a distance of 156.78 feet to a point 32.23 feet right of and
opposite station 16+50.00 on said proposed construction centerline for Forrest
Road; thence running S 70?56'22" W a distance of 81.95 feet to a point 50.00
feet right of and opposite station 15+70.00 on said
proposed construction centerline for Forrest Road; thence running S 83?50'00" W
a distance of 81.52 feet to a point 50.00 feet right of and opposite station
14+89.16 on said proposed construction centerline for Forrest Road; thence
running N 07?40'01" E a distance of 19.35 feet to the point of beginning.
Containing 2,219 square feet (0.051 acres), more or less.
Such required right-of-way is shown colored yellow on the attached plat, which
plat is also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia.
Required Temporary Easements:
ALSO, granted is the right to construct any required slopes within the easement
areas shown colored green on the attached plat, which plat is also on file in
the Office of the Right of Way Acquisition & Transportation Planning
Coordinator of Columbus, Georgia, to-wit:
Tract 1:
All that tract or parcel of land lying and being in Land Lot 10 of the 9th Land
District, City of Columbus, Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 50.00 feet right of and opposite Station 14+89.16 on the
proposed construction centerline of Forrest Road on Forrest Road Bridge
Replacement over Cooper Creek for the City of Columbus, Georgia; thence running
N 83?50'00" E a distance of 81.52 feet to a point 50.00 feet right of and
opposite station 15+70.00 on said proposed construction centerline for Forrest
Road; thence running S 50?08'47" W a distance of 36.29 feet to a point 70.00
feet right of and opposite station 15+40.00 on said proposed construction
centerline for Forrest Road; thence S 84?00'22" W a distance of 56.23 feet to a
point 70.00 feet right of and opposite station 14+84.45 on said proposed
construction centerline for Forrest Drive; thence N 07?39'27" E a distance of
20.56 feet to the point of beginning. Containing 1,382 square feet (0.032
acres), more or less.
Tract 2:
All that tract or parcel of land lying and being in Land Lot 10 of the 9th Land
District, City of Columbus, Muscogee County, Georgia, being more particularly
described as follows:
Beginning at a point 32.23 feet right of and opposite Station 16+50.00 on the
proposed construction centerline of Forrest Road on Forrest Road Bridge
Replacement over Cooper Creek for the City of Columbus, Georgia; thence running
N 84?00'55" E a distance of 78.38 feet to a point 32.99 feet right of and
opposite station 17+28.37 on said proposed construction centerline for Forrest
Road; thence running S 11?08'39" E a distance of 17.07 feet to a point 50.00
feet right of and opposite station 17+29.74 on said proposed construction
centerline for Forrest Road; thence S 83?27'45" W a distance of 159.74 feet to
a point 50.00 feet right of and opposite station 15+70.00 on said proposed
construction centerline for Forrest Drive; thence N 70?56'22" E a distance of
81.95 feet to the point of beginning. Containing 2,085 square feet (0.048
acres), more or less.
Said two (2) easements, more particularly described herein as Tracts 1 and 2,
expire 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 $11,675.00 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 ______ , 2013 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 , Mayor
Attachments