Agenda Item # 4
Columbus Consolidated Government
Council Meeting
8/14/2012
Agenda Report # 087
TO: Mayor and Council
SUBJECT: Brown Avenue Bridge Replacement - 316 Bragg Smith Condemnation
Project # BR000-0004-00 (729) Parcel 5 -
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 5, 316
Bragg Smith Street (map attached) for the Brown Avenue Bridge Replacement
Project over Norfolk Southern Railroad, totaling 0.008 +/- acres of Permanent
Easement, 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 Brown Avenue Bridge Replacement Project.
Background: The parcel listed above is requested for condemnation because of
the inability to obtain releases of entities that have interest or claim to
this parcel in a timely manner.
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and 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 CIP Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after the completion of the project and the Bridge is turned
over to the City.
Legal Considerations: This action requires Council's approval by resolution.
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 EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL CODE OF GEORGIA
ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID EASEMENTS 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 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 for the Brown Avenue Over Norfolk Southern Bridge
Replacement Project, (BR000-0004-00(729)) are such that it is necessary to
immediately acquire easements in the following described property, to-wit:
PROJECT NO.: BR000-0004-00(729) - Muscogee County
P. I. NO.: 0004729
PARCEL NUMBER: 5
DATE OF R/W PLANS: June 2, 2011
REVISION DATE: n/a
The right to construct and maintain any required slopes and drainage within the
permanent easement area shown colored orange on a plat attached hereto and made
a part hereof and also on file in the Office of the Right of Way Acquisition &
Transportation Planning Coordinator of Columbus, Georgia, and being more
particularly described as follows:
All that tract or parcel of land lying and being in Land Lot 69 of the 7th Land
District and/or 821 Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
ALSO, granted is the right to construct and maintain any required slopes and
utilities within the easement area shown colored ORANGE on said plat.
Beginning at a point 123.53 feet left of and opposite Station 13+53.30 on
the construction centerline of Brown Avenue on Georgia Highway Project No.
BR000-0004-00(729) Muscogee County ; running thence N 17?25'13" W a distance
of 10.01 feet to a point 127.56 feet left of and opposite station 13+62.47 on
said construction centerline laid out for Brown Avenue; thence N 74?59'04" E a
distance of 33.64 feet to a point 96.21 feet left of and opposite station
13+74.69 on said construction centerline laid out for Brown Avenue; thence S 16?
47'16" E a distance of 10.01 feet to a point 92.29 feet left of and opposite
station 13+65.48 on said construction centerline laid out for Brown Avenue;
thence S 74?59'28" W a distance of 33.53 feet back to the point of beginning.
Containing 0.008 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 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 $500.00 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 __________________, 2012 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