Agenda Item # 1
Columbus Consolidated Government
Council Meeting
05/24/2011
Agenda Report # 639
TO: Mayor and Council
SUBJECT: Covenants and Restrictions for Muscogee Technology Park
INITIATED BY: Donna W. Newman, Director of Engineering
Recommendation: Approval is requested to execute the covenants and
restrictions upon real property owned by the Consolidated Government of
Columbus, Georgia located in the Muscogee Technology Park.
Background: The development of Muscogee Technology Park required the
City obtain a Section 404 permit from the US Army Corps of Engineers. Under the
permit obtained in February 2002 and modified in January 2011. Under the
Section 404 permit, the City is required to mitigate all impacts to the
wetlands and streambanks.
Analysis: The City had to purchase wetland and streambank credits, Resolution
Numbers 91-10, 385-10 and 453-10, for those areas disturbed during the
development of the Technology Park. Additional wetland and streambank credits
will be required as the park develops further. The permit also required
preservation of several areas of wetlands, approximately 95.2 acres, and
streams, approximately 13,994 linear feet which are subject to the covenants
and restrictions in perpetuity unless a modification to the permit is
obtained. The area shall be set aside for conservation use and maintained in a
natural state except those areas noted in the permit.
Financial Considerations: Wetland and streambank credits have been purchased
for areas disturbed during Muscogee Technology Park road construction and
parcel development. Signs will have to be posted in the preservation areas,
the cost to erect the required signage will be determined once the number and
type of sign is agreed upon with the Corps.
Projected Annual Fiscal Impact Statement: The area will have to be routinely
monitored for compliance with the covenants and restrictions. There is no
anticipated annual fiscal impact associated with the covenants and restrictions.
Legal Considerations: The Mayor and Council has been authorized by Georgia Law
to place covenants and restrictions upon real property owned by the
Consolidated Government of Columbus. A similar resolution will be considered
by the Development Authority at the next regularly scheduled meeting of the
Authority in June.
Recommendations/ Actions: Approval is requested to authorize the Mayor or City
Manager to execute the covenants and restrictions upon real property owned by
the Consolidated Government of Columbus, Georgia located in the Muscogee
Technology Park.
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE DECLARATION
OF COVENANTS AND RESTRICTIONS UPON REAL PROPERTY OWNED BY THE COLUMBUS
CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA LOCATED IN THE MUSCOGEE TECHNOLOGY
PARK,
WHEREAS, a permit issued by the US Army Corps of Engineers (USACE) Action
Number SAS-2001-12410, dated February, 2002, and modified by that certain
letter dated January 26, 2011 (the "Permit") required that covenants and
restrictions were necessary and should be placed upon certain lands contained
within the Muscogee Technology Park,
WHEREAS, the Mayor and Councilors of the Consolidated Government of Columbus,
Georgia find that the placement of covenants and restrictions as set forth in
the attached Declaration of Covenants and Restrictions are necessary and
required by the Permit,
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
That the City Manager is hereby authorized to approve the placement of
covenants and restrictions and set forth in the Declaration of Covenants and
Restrictions. The Mayor and Councilors of the Consolidated Government of
Columbus, Georgia further authorized the Mayor or City Manager to execute the
Declaration of Covenants and Restrictions conformance with this resolution.
___________
Introduced at a regular meeting of the Council of Columbus, Georgia, held
the _________day of _____________, 2011 and adopted at said meeting by the
affirmative vote of
_____________members of said Council.
Councilor Allen voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
________________________ _________________________
Tiny Washington, Clerk of Council , Mayor
Attachments