Agenda Item # 1
Columbus Consolidated Government
Council Meeting
12/08/2009
Agenda Report # 450
TO: Mayor and Council
SUBJECT: Whittlesey Road Widening Project Condemnation
INITIATED BY: Felton G. Grant, Right of Way Acquisition coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcels 7, 8, and
9, 1725 Whittlesey Road (map attached) for the Whittlesey Road Widening Project
totaling 0.334 =/- acres for Right of Way and 0.291 Acres for Construction
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 Whittlesey Road Widening
Project.
Background: The parcels listed above is requested for condemnation because of
the Foreclosure and Bankruptcy filed on the property..
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and to pay the money into Court, thereby taking position of the
property allowing the City to proceed with the project.
Financial Considerations: This project is funded by the CIP Funds.
Legal Considerations: The City Attorney agrees to this action.
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.
A RESOLUTION
NO._________
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE TITLE AND EASEMENTS 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 right-of-way for the Whittlesey Road Project (STP-8060(2)) are
such that it is necessary to immediately acquire the fee simple titles and/or
easements in the following described properties, to-wit:
PROJECT NO.: STP-8060(2) Muscogee County
P. I. NO.: 351010
PARCEL NUMBERS.: 7, 8 and 9
DATE OF R/W PLANS: April 14, 2006
REVISION DATE: April 29, 2009
PARCEL 7:
All that tract or parcel of land lying and being in Land Lot 64 of the 8th Land
District and/or N/A Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 156.03 feet right of and opposite Station 26+30.38 on
the construction centerline of WHITESVILLE ROAD on Georgia Highway Project No.
STP00-8060-00(002) ; running thence N 89?10'27.0" W a distance of 19.27 feet
to a point 155.71 feet right of and opposite station 26+11.11 on said
construction centerline laid out for WHITTLESEY RD; thence northwesterly
151.049 feet along the arc of a curve (said curve having a radius of 5687.580
feet and a chord distance of 151.044 feet on a bearing of N 10?38'17.9" W) to
the point 7.19 feet right of and opposite station 25+83.57 on said construction
centerline laid out for WHITTLESEY RD; thence N 39?24'59.3" E a distance of
18.04 feet to a point 6.71 feet left of and opposite station 25+95.05 on said
construction centerline laid out for WHITTLESEY RD; thence S 89?43'20.2" E a
distance of 4.55 feet to a point 6.68 feet left of and opposite station
25+99.60 on said construction centerline laid out for WHITTLESEY RD; thence S
89?43'36.1" E a distance of 87.65 feet to a point 5.95 feet left of and
opposite station 26+87.28 on said construction centerline laid out for
WHITTLESEY RD; thence S 0?16'24.1" W a distance of 9.93 feet to a point 3.98
feet right of and opposite station 26+87.15 on said construction centerline
laid out for WHITTLESEY RD; thence S 0?55'26.0" W a distance of 153.18 feet to
a point 157.11 feet right of and opposite station 26+83.55 on said construction
centerline laid out for WHITTLESEY RD; thence N 89?04'32.9" W a distance of
53.98 feet back to the point of beginning. Containing 0.332 acres more or less.
PARCEL 8:
All that tract or parcel of land lying and being in Land Lot 63, 58 of the 8th
Land District and/or N/A Georgia Militia District of Muscogee County, Georgia,
being more particularly described as follows:
Beginning at a point 70 feet right of and opposite Station 253+00.00 on the
construction centerline of WHITESVILLE RD. on Georgia Highway Project No.
STP00-8060-00(002) ; running thence S 8?44'15.4" E a distance of 14.91 feet to
a point 70.00 feet right of and opposite station 252+85.00 on said construction
centerline laid out for WHITESVILLE; thence S 81?13'29.6" W a distance of 7.27
feet to a point 62.73 feet right of and opposite station 252+85.00 on said
construction centerline laid out for WHITESVILLE; thence N 8?46'33.7" W a
distance of 14.92 feet to a point 62.72 feet right of and opposite station
253+00.00 on said construction centerline laid out for WHITESVILLE; thence N 81?
17'59.6" E a distance of 7.28 feet back to the point of beginning. Containing
0.002 acres more or less.
ALSO, to be acquired is the right to construct and maintain any required slopes
within the permanent easement areas shown colored orange on a plat filed in the
Office of the Right of Way Acquisition & Transportation Planning Coordinator of
Columbus, Georgia, and being more particularly described as follows, to-wit:
TRACT 1 - EASEMENT
ALSO, granted is the right to construct and maintain any required slopes and
utilities within the easement area shown colored orange on the attached plat.
Beginning at a point 86.61 feet left of and opposite Station 25+87.13 on
the construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP00-8060-00(002) ; running thence N 8?46'32.8" W a distance of 240.28 feet
to a point 62.73 feet right of and opposite station 252+85.00 on said
construction centerline laid out for WHITESVILLE; thence N 81?13'29.6" E a
distance of 7.27 feet to a point 70.00 feet right of and opposite station
252+85.00 on said construction centerline laid out for WHITESVILLE; thence S 8?
59'24.9" E a distance of 84.48 feet to a point 70.00 feet right of and opposite
station 252+00.00 on said construction centerline laid out for WHITESVILLE;
thence S 11?36'35.9" E a distance of 144.68 feet to a point 100.00 feet left of
and opposite station 26+00.00 on said construction centerline laid out for
WHITTLESEY; thence N 89?22'41.9" E a distance of 197.71 feet to a point 100.00
feet left of and opposite station 28+00.00 on said construction centerline laid
out for WHITTLESEY; thence S 89?45'45.8" E a distance of 217.03 feet to a point
90.00 feet left of and opposite station 30+20.00 on said construction
centerline laid out for WHITTLESEY; thence N 88?02'35.7" E a distance of 141.16
feet to a point 85.00 feet left of and opposite station 31+62.98 on said
construction centerline laid out for WHITTLESEY; thence S 0?55'20.1" W a
distance of 20.93 feet to a point 64.17 feet left of and opposite station
31+60.94 on said construction centerline laid out for WHITTLESEY; thence N 89?
51'17.3" W a distance of 568.31 feet back to the point of beginning. Containing
0.261 acres (11368.59 SF) more or less.
TRACT 2 - EASEMENT
All that tract or parcel of land lying and being in Land Lot 63, 58 of the 8th
Land District and/or N/A Georgia Militia District of Muscogee County, Georgia,
being more particularly described as follows:
ALSO, granted is the right to construct and maintain any required slopes and
utilities within the easement area shown colored orange on the attached plat.
Beginning at a point 62.72 feet right of and opposite Station 253+00.00 on
the construction centerline of WHITESVILLE RD. on Georgia Highway Project No.
STP00-8060-00(002) ; running thence N 8?46'34.7" W a distance of 84.41 feet to
a point 62.30 feet right of and opposite station 253+84.87 on said construction
centerline laid out for WHITESVILLE; thence N 55?27'52.9" E a distance of 8.60
feet to a point 70.00 feet right of and opposite station 253+88.70 on said
construction centerline laid out for WHITESVILLE; thence S 8?28'34.2" E a
distance of 88.16 feet to a point 70.00 feet right of and opposite station
253+00.00 on said construction centerline laid out for WHITESVILLE; thence S 81?
17'59.6" W a distance of 7.28 feet back to the point of beginning. Containing
0.015 acres (647.64 SF) more or less.
ALSO, to be acquired is a temporary driveway easement for the construction of a
driveway within the temporary driveway easement area in regard to Parcel 8
shown colored pink on a plat filed in the Office of the Highway Coordinator of
Columbus, Georgia, and which temporary driveway easement will expire upon
completion and final acceptance of said project by the Georgia Department of
Transportation.
PARCEL 9:
A permanent easement to be acquired to construct and maintain any required
slopes and utilities within the permanent easement area shown colored orange on
a plat filed in the Office of the Right of Way Acquisition & Transportation
Planning Coordinator of Columbus, Georgia, and more particularly described as
follows, to-wit:
All that tract or parcel of land lying and being in Land Lot 63 of the 8th Land
District and/or N/A Georgia Militia District of Muscogee County, Georgia, being
more particularly described as follows:
Beginning at a point 62.30 feet right of and opposite Station 253+84.87 on
the construction centerline of WHITESVILLE RD. on Georgia Highway Project No.
STP00-8060-00(002) ; running thence N 8?46'33.2" W a distance of 79.45 feet to
a point 61.32 feet right of and opposite station 254+64.75 on said construction
centerline laid out for WHITESVILLE; thence N 82?07'25.1" E a distance of 8.68
feet to a point 70.00 feet right of and opposite station 254+64.75 on said
construction centerline laid out for WHITESVILLE; thence S 8?04'08.7" E a
distance of 75.59 feet to a point 70.00 feet right of and opposite station
253+88.70 on said construction centerline laid out for WHITESVILLE; thence S 55?
27'52.9" W a distance of 8.60 feet back to the point of beginning. Containing
0.015 acres (635.41 SF) more or less.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is a necessity for the immediate acquisition of said
properties and 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 he hereby is, authorized to
issue such orders and file such papers in the courts and enter into such
agreements as he deems necessary for the immediate acquisition of said
properties and property interests by condemnation under the provisions of said
Act.
3.
That the immediate acquisition of such lands and 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 competent land appraiser, the estimated value of: Parcel 7 is
$13,840.00; Parcel 8 is $61,170.00, and Parcel 9 is $8,200.00, as just and
adequate compensation to be paid for such acquisitions, are hereby determined
and approved, and such sums are 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 properties and property interests pursuant to and in
accordance with the provisions of the Official Code of Georgia Annotated
?32-3-1, et. seq.
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[SIGNATURES TO FOLLOW]
Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of , 2009, and
adopted at said meeting by the affirmative vote of members of
said Council.
Councilor Allen voting __________.
Councilor Anthony voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting .
Councilor Henderson voting __________.
Councilor Hunter voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
_______________________________ _____________________________
Tiny B. Washington, Clerk of Council Jim Wetherington, Mayor
Attachments