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 # 4



Columbus Consolidated Government



Council Meeting

10/13/2015



Agenda Report # 36





TO: Mayor and Council



SUBJECT: Correction of Condemnation on Parcel #19 and #20 for

the Wynnton Road Master Plan



INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,

Transportation Planning Division





Recommendation: Approval is requested for corrective action to amend

Resolution 238-15 to include the corrected estimated value for a Temporary

Easement for County Road and/or Municipal Street purposes, and authorizing the

filing of the corrected action for the 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: Resolution No. 238-15 was approved in the August 25, 2015

Council Session, authorizing acquisition of the aforecited easement, but which

Resolution contained the wrong estimated value for just and adequate

compensation to be paid for such acquisition, thus requiring the within Amended

and Restated Resolution to be brought before the Council of Columbus, Georgia,

so as to correct such inadvertent error. Condemnation is requested because of

the inability to acquire releases from parties of interest on said parcel.



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 80% by GDOT and 20% by

Midtown, Inc.



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 corrective

action to include the corrected estimated value for the acquisition of said

land for County Road and/or Municipal Street purpose, and authorizing the

filing of the corrected action of the 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.











AMENDED AND RESTATED

RESOLUTION NO.



AN AMENDED AND RESTATED RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY

TO IMMEDIATELY ACQUIRE EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL

CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF

SAID EASEMENTS 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 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 for the Wynnton Road Master Plan - Phase I,

(CSTEE-0009-00(117)) are such that it is necessary to immediately acquire

easements in the following described property, to-wit:



PROJECT NO.: CSTEE-0009-00(117)

P. I. NO.: 0009117

PARCEL NUMBER: 19 and 20

DATE OF R/W PLANS: May 15, 2013

LAST REVISION DATE: July 30, 2015



The right to construct and maintain any required slopes within the temporary

easement area shown colored green on a plat attached hereto and made a part

hereof and also on file in the Office of the Right of Way Acquisition &

Transportation Planning Coordinator of Columbus, Georgia, and being more

particularly described as follows:

All of that tract or parcel of land lying in and being Part of Land Lot 77,

Coweta Reserve, being a permanent easement for construction and maintenance of

slopes shown as part of Parcel 19 on Right-of-Way Map prepared by T.Y.Lin

International depicted on Sheet 8 of 10 and being more particularly described

as follows: BEGIN at a point designated as KC5129 being 31.89 feet left of

center line station 22+41.55, Wynnton Road; thence North 28 degrees 00 minutes

04.3 seconds West, 7.11 feet to point KC5137 being 39.0 feet left of center

line station 22+41.54 of said road; thence North 62 degrees 21 minutes 24.0

seconds East, 96.35 to point KC5142 being 38.53 left of center line station

23+37.88 of said road; thence North 60 degrees 47 minutes 17.1 seconds East,

94.06 feet to point KC5143 being 40.65 feet left of center line station

24+31.92 of said road; thence South 17 degrees 47 minutes 00.5 seconds East,

1.23 feet to point KC32 being 39.44 feet left of center line station 24+31.70

of said road; thence South 59 degrees 06 minutes 59.6 seconds West, 145.03 feet

to point KC34 being 31.95 feet left of center line station 22+86.86 of said

road; thence South 62 degrees 00 minutes 05.4 seconds West, 45.31 feet to

station KC5129 and the point of beginning; containing 832.65 Square Feet.

Said latter easement expires upon completion and final acceptance of said

Project by the Columbus Consolidated Government.

WHEREAS, heretofore on August 25, 2015, the Council of Columbus,

Georgia approved a Resolution No. 238-15, authorizing acquisition of the

aforecited easement, but which Resolution contained the wrong estimated value

for just and adequate compensation to be paid for such acquisition, thus

requiring the within Amended and Restated Resolution to be brought before the

Council of Columbus, Georgia, so as to correct such inadvertent error.

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 ?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 $15,204.00 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.



6.

That the within Amended and Restated Resolution supersedes and takes

the place of such prior Resolution No. 238-15, in all respects, all as amended

and restated herein.



__________________



Introduced at a regular meeting of the Council of Columbus, Georgia,

held on the day of 2015, and adopted at said

meeting by the affirmative vote of members of said

Council.





Councilor Allen voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Buck voting __________.

Councilor Davis voting __________.

Councilor Henderson voting __________.

Councilor Huff voting __________.

Councilor Turner Pugh voting __________.

Councilor Thomas voting __________.

Councilor Woodson voting __________.





______________________________ _________________________

Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor



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