Agenda Item # 5
Columbus Consolidated Government
Council Meeting
11/27/2012
Agenda Report # 123
TO: Mayor and Council
SUBJECT: Street Acceptance - Smoke Drive - running from Airport Thruway
to Sowega Road
INITIATED BY: Engineering
Recommendation: Approval is requested for the acceptance of deeds and easement
to Smoke Drive, running from Airport Thruway to Sowega Road.
Background: Smoke Drive extends from Airport Thruway to Sowega Road. This road
was originally constructed in connection with the building of the original
Columbus Sam's Club in 1989. For various reasons, the roadbed was not accepted
by Columbus, Georgia as the time of the original construction of the road.
Since that time the original Columbus Sam's Club has been demolished and a new
Wal-Mart store erected in its place and major renovations have been made to the
road. The current street meets the specifications for acceptance by Columbus,
Georgia.Generally, it is required that Columbus, Georgia obtain a deed
conveying fee simple title to the real estate on which a street is located. In
this instance, however, a portion of the roadbed beginning at Armour Road and
traveling north is owned by the Columbus Airport Commission ("Commission") and
falls within what is known as the Runway Protection Zone ("RPZ"). Under current
Federal Aviation Administration regulations, the Commission is not allowed to
part with fee simple title to any real property located within the RPZ which it
owns. Counsel for Commission, the City Attorney and the City Engineer have
agreed that the easement delivered to Columbus, Georgia by the Commission is
the most appropriate method to use for this street acceptance under the
circumstances.
Analysis: The roadbed in question is owned by four (4) separate entities. A
portion of the property is owned by Karen L Roberts as Trustee of the Wal-Mart
Real Estate Trust. A portion is owned by Wal-Mart Stores, Inc. A portion is
owned by Wal-Mart Realty Co. The final portion is owned by the Columbus Airport
Commission. Deeds from the Wal-Mart entities conveying fee simple title to the
property have appropriate legal descriptions attached. The easement from the
Columbus Airport Commission also has its legal description attached. All of
these properties are shown on a plat prepared by Clyde R. Eldridge, a copy of
which is attached. This plat has been filed for record in the office of the
Clerk of Superior Court of Muscogee County, Georgia in Plat Book 163, page 247.
Financial Considerations: No Government funds are involved until maintenance
is assumed after the two-year warranty.
Projected Annual Fiscal Impact Statement: No Government funds are involved
until maintenance is assumed after the two-year warranty.
Legal Considerations: In Accordance with Section 18-3 of the Columbus Code,
all dedicated right-of-way must be accepted by Council.
Recommendations/ Actions: Approve the acceptance of deeds and easement to
Smoke Drive, running from Airport Thruway to Sowega Road.
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF DEEDS AND AN EASEMENT TO SMOKE DRIVE
ON BEHALF OF COLUMBUS, GEORGIA.
WHEREAS, Columbus, Georgia has been submitted deeds and an easement conveying
Smoke Drive, a full description of property on said deeds and easement; and,
WHEREAS, said street has been improved and meets the required specifications
for acceptance by Columbus, Georgia; and,
WHEREAS, the Engineering Department has inspected said street and recommends
acceptance of same.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
Those certain deeds dated August 31, 2012 executed on behalf of
Wal-Mart Stores, Inc., Wal-Mart Realty Co., and Karen L. Roberts as trustee of
Wal-Mart Real Estate Business Trust and an easement dated August 31, 2012
executed on behalf of the Columbus Airport Commission, all conveying to
Columbus, Georgia, Smoke Drive, be and the same hereby are accepted. The Clerk
of Council is hereby authorized to have said deeds and easement recorded in the
Deed Records in the Office of the Clerk of Superior Court of Muscogee County,
Georgia. A copy of the deeds and easement are attached hereto and by this
reference made a part of this resolution.
___________
Introduced at a regular meeting of the Council of Columbus, Georgia, held
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 Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
______________________________
_________________________
Tiny B. Washington, Clerk of Council , Mayor
Attachments