Agenda Item # 6
Columbus Consolidated Government
Council Meeting
8/12/2012
Agenda Report # 089
TO: Mayor and Council
SUBJECT: Brown Ave. Bridge Replacement - 2552 Central Street
Condemnation
Project # BR000-004-00(729) Parcel 10
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 10, 2552
Central Street (map attached) for the Brown Avenue Bridge Replacement over
Norfolk Southern Railroad Project # BR000-0004-00 (729), Muscogee County,
totaling 0.031 +/- of Right of Way 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 obtain release of entities that have an interest or claim to
parcel in a timely manner.
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 CIP Funds.
Projected Annual Fiscal Impact Statement: The City will be responsible for
service and upkeep after completion of the project and 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 FEE SIMPLE TITLE 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 property for the Brown Avenue Over Norfolk Southern Bridge
Replacement Project, (BR000-0004-00(729)) are such that it is necessary to
immediately acquire fee simple title in the following described property,
to-wit:
PROJECT NO.: BR000-0004-00(729) - Muscogee County
P. I. NO.: 0004729
PARCEL NUMBER: 10
DATE OF R/W PLANS: June 2, 2011
REVISION DATE: n/a
All that tract or parcel of land lying and being in Land Lot 69 of the 7th Land
District and/or 829 Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 59.76 feet right of and opposite Station 21+90.38 on the
construction centerline of Brown Avenue on Georgia Highway Project No.
BR000-0004-00(729); running thence S 71?49'18" E a distance of 15.57 feet to a
point 75.00 feet right of and opposite station 21+87.17 on said construction
centerline laid out for Brown Ave; thence S 6?16'58" W a distance of 87.17 feet
to a point 75.00 feet right of and opposite station 21+00.00 on said
construction centerline laid out for Brown Ave; thence N 83?43'02" W a distance
of 15.13 feet to a point 59.87 feet right of and opposite station 21+00.00 on
said construction centerline laid out for Brown Ave; thence N 6?12'42" E a
distance of 90.38 feet back to the point of beginning. Containing 0.031 acres
more or less. Said property is shown colored in yellow on a plat attached
hereto and made a part hereof and also filed in the Office of the Right-of-Way
Acquisition and 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 $755.00 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
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