Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

Agenda Item # 9



Columbus Consolidated Government



Council Meeting



3/25/2014



Agenda Report # 98



TO: Mayor and Council



SUBJECT: Condemnation on Parcel 165 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 165, 5448

Forrest Road (map attached) for the Forrest Road Improvement Project, Muscogee

County totaling 0.02 acres +/- of Right of Way, Temporary Construction Easement

totaling 0.02 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 obtain a reasonable settlement.



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: 165

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 10 of the 9th Land

District of Muscogee County, Georgia, being more particularly described as

follows:



Beginning at a point 54.89 feet right of and opposite Station 149+63.12 on the

construction centerline laid out for Forrest Road; thence S 58?40'14.891" E a

distance of 15.86 feet to a point 57.00 feet right of and opposite Station

149+76.91 on said construction centerline laid out for Forrest Road; thence S

4?13'38.077" E a distance of 159.60 feet to a point 39.07 feet right of and

opposite Station 52+01.60 on the construction centerline laid out for Floyd

Road; thence N 76?55'21.568" W a distance of 6.19 feet to a point 45.00 feet

right of and opposite Station 51+99.81 on the construction centerline laid out

for Floyd Road; thence northerly 5.00 feet along the arc of a curve (said curve

having a radius of 4087.67 feet and a chord distance of 5.00 feet on a bearing

of N 3?31'55" W) to the point 45.00 feet right of and opposite Station 51+94.76

on said construction centerline laid out for Floyd Road; thence N 3?34'0.860" W

a distance of 113.61 feet to a point 45.00 feet right of and opposite Station

50+81.12 on the construction centerline laid out for Floyd Road; thence N

3?22'11.6" W a distance of 20.36 feet to a point 40.93 feet right of and

opposite Station 50+54.08 on the construction centerline laid out for Floyd

Road; thence N 28?23'25.50" W a distance of 21.90 feet to the point of

beginning. Containing 0.02 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 an easement for the construction of slopes as

shown colored green on the attached plat, being more particularly described as

follows:



Beginning at a point 40.93 feet right of and opposite Station 50+60.83 on the

construction centerline laid out for Floyd Road; thence S 03?34'00.86" E a

distance of 20.37 feet to a point 45.00 feet right of and opposite Station

50+81.12 on the construction centerline laid out for Floyd Road; thence S

87?19'46.35" W a distance of 8.78 feet to a point 49.71 feet right of and

opposite Station 50+18.15 on said construction centerline laid out for Floyd

Road; thence N 02?40'20.47" W a distance of 27.57 feet to a point 49.52 feet

right of and opposite Station 50+55.00 on the construction centerline laid out

for Floyd Road; thence N 25?34'24.22" W a distance of 17.29 feet to a point

59.92 feet right of and opposite Station 149+63.66 on the construction

centerline laid out for Forrest Road; thence N 58?37'18.42" W a distance of

100.65 feet to a point 57.12 feet right of and opposite Station 148+70.27 on

the construction centerline laid out for Forrest Road; thence N 31?19'45.11" E

a distance of 4.83 feet to a point 52.28 feet right of and opposite Station

148+70.24 on the construction centerline laid out for Forrest Road; thence S

58?40'14.89" E a distance of 99.45 feet to a point 54.89 feet right of and

opposite Station 149+63.12 on the construction centerline laid out for Forrest

Road; thence S 28?23'25.50" E a distance of 30.94 feet to the point of

beginning. Containing 0.02 acres more or less.



Also, granted is the right to an easement for the construction of a driveway 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 easement 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 $14,000.00 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



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