Agenda Item # 3

Columbus Consolidated Government

Council Meeting

09/08/2015

Agenda Report # 22


TO: Mayor and Council

SUBJECT: Condemnation on Parcel 7 for the Wynnton Road Master Plan - Phase I

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



Recommendation: Approval is requested for the acquisition of Parcel 7, 2300 Wynnton Road for the Wynnton Road Master Plan - Phase I, from Cedar Avenue to Hilton Avenue/13th Street, Muscogee County totaling 237.09 sq. ft. +/- for Right of Way and 767.67 sq. ft. +/- Permanent 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 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% 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 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.

Site Plan - Parcel 7.pdf




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 Wynnton Road Master Plan - Phase I, (CSTEE-0009-00(117)) are such that it is necessary to immediately acquire easements and lands in the following described property, to-wit:

PROJECT NO.: CSTEE-0009-00(117)
P. I. NO.: 0009117
PARCEL NUMBER: 7
DATE OF R/W PLANS: July 15, 2013
LAST REVISION DATE: August 5, 2015

Required Right-of-Way:
Tract 1:
All that tract 1 or parcel of land lying and being in Land Lot 77, Coweta Reserve of Muscogee County, Georgia, being more particularly described as follows:

Beginning at a point 40.18 feet right of Construction Centerline at Station 12+35.90; running thence N 61^45'20.9" E a distance of 14.10 feet thence S 19^39'10.4" W a distance of 19.12 feet thence N 27^52'27.9" W a distance of 12.82 feet back to the point of beginning.

The above described parcel contains 0.002 acres (90.38 sq. ft.).

Tract 2:
All that tract 2 or parcel of land lying and being in Land Lot 77, Coweta Reserve of Muscogee County, Georgia, being more particularly described as follows:

Beginning at a point 39.93 feet right of Construction Centerline at Station 12+80.00; running thence N 61^45'20.9" E a distance of 91.00 feet thence S 58^42'38.6" W a distance of 45.26 feet thence S 61^35'13.0" W a distance of 29.39 feet thence S 70^23'08.5" W a distance of 16.60 feet back to the point of beginning.

The above described parcel contains 0.003acres (146.71 sq. ft.).

Such required rights-of-way are shown colored 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.

Required Permanent Easement:
Tract 1:
All that tract 1 or parcel of land lying and being in Land Lot 77, Coweta Reserve of Muscogee County, Georgia, being more particularly described as follows:

Beginning at a point 53.00 feet right of Construction Centerline at Station 12+35.89; running thence N 19^39'10.4" E a distance of 19.12 feet thence N 61^45'20.9" E a distance of 15.00 feet thence S 31^49'28.9" W a distance of 33.71 feet thence N 27^52'35.3" W a distance of 4.00 feet back to the point of beginning.

The above described parcel contains 0.004 acres (154.34 sq. ft.).

Tract 2:
All that tract 2 or parcel of land lying and being in Land Lot 77, Coweta Reserve of Muscogee County, Georgia, being more particularly described as follows:

Beginning at a point 40.02 feet right of Construction Centerline at Station 12+65.00; running thence N 61^45'20.9" E a distance of 15.00 feet thence N 70^23'08.5" E a distance of 16.60 feet thence N 61^35'13.0" E a distance of 29.39 feet thence N 58^42'38.6" E a distance of 45.26 feet thence N 61^45'20.9" E a distance of 55.29 feet thence S 28^12'11.4" E a distance of 2.89 feet thence S 59^45'08.5" W a distance of 100.46 feet thence S 61^35'13.0" W a distance of 29.90 feet thence S 73^35'18.7" W a distance of 31.66 feet back to the point of beginning.

The above described parcel contains 0.014 acres (613.33 sq. ft.).

Such required permanent easements to construct and maintain any required slopes and utilities within the permanent easement area are shown colored orange on the attached plat, which plat is on file in the Office of the Right of Way Acquisition & Transportation Planning Coordinator 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 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 $7,700.00 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 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