Agenda Item # 7
Columbus Consolidated Government
Council Meeting
3/25/2014
Agenda Report # 96
TO: Mayor and Council
SUBJECT: Condemnation on Parcel 117 of Forrest Road Improvement Project
INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 117, 6224
Forrest Road (map attached) for the Forrest Road Improvement Project, Muscogee
County totaling 0.03 acres +/- of Right of Way, Temporary Construction Easement
totaling 0.005 acres+/-, plus a Drive Way Easement 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 reach a reasonably solution.
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 Project 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: 117
DATE OF R/W PLANS: September 7, 2012
REVISION DATE: January 16, 2014
All that tract or parcel of land lying and being in Land Lot 42 of the 9th Land
District of Muscogee County, Georgia, being more particularly described as
follows:
Beginning at a point 28.38 feet right of and opposite Station 206+79.94 on the
construction centerline laid out for Forrest Road; thence S 88?41'1.075" E a
distance of 225.38 feet to a point 28.77 feet right of and opposite Station
209+05.32 on said construction centerline laid out for Forrest Road; thence S
0?16'40.154" W a distance of 6.24 feet to a point 35.00 feet right of and
opposite Station 209+05.42 on said construction centerline laid out for Forrest
Road; thence N 88?46'54.293" W a distance of 225.35 feet to a point 35.00 feet
right of and opposite Station 206+80.07 on said construction centerline laid
out for Forrest Road; thence N 0?5'27.159" E a distance of 6.62 feet to the
point of beginning. Containing 0.03 acres more or less.
Such required right-of-way is shown in 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
Also, granted is the right to easements for the construction of slopes as shown
colored green on the attached plat, being more particularly described as
follows:
Beginning at a point 35.00 feet right of and opposite Station 208+88.61 on the
construction centerline laid out for Forrest Road; thence S 88?46'54.29" E a
distance of 16.81 feet to a point 35.00 feet right of and opposite Station
209+05.42 on said construction centerline laid out for Forrest Road; thence S
0?16'31.80" W a distance of 5.78 feet to a point 40.78 feet right of and
opposite Station 209+05.51 on said construction centerline laid out for Forrest
Road; thence N 88?46'54.29" W a distance of 17.90 feet to a point 40.78 feet
right of and opposite Station 208+88.61 on said construction centerline laid
out for Forrest Road; thence N 01?13'05.71" E a distance of 5.78 feet to the
point of beginning. Containing 0.002 acres more or less.
and
Beginning at a point 35.00 feet right of and opposite Station 207+40.52 on the
construction centerline laid out for Forrest Road; thence S 88?46'54.29" E a
distance of 23.49 feet to a point 35.00 feet right of and opposite Station
207+64.21 on said construction centerline laid out for Forrest Road; thence S
1?13'05.71" W a distance of 3.00 feet to a point 38.00 feet right of and
opposite Station 207+64.21 on said construction centerline laid out for Forrest
Road; thence S 81?07'14.51" W a distance of 24.07 feet to a point 42.22 feet
right of and opposite Station 207+40.52 on said construction centerline laid
out for Forrest Road; thence N 01?51'54.60" E a distance of 7.22 feet to the
point of beginning. Containing 0.003 acres more or less.
Also, granted is the right to easements for the construction of driveways as
shown colored pink 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.
Said easements shall expire on April 1, 2017 or upon completion and final
acceptance of said project by the City 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
O.C.G.A. ?? 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 $8,000.00 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 , Mayor
Attachments