Agenda Item # 4

Columbus Consolidated Government
Council Meeting

03/27/2018

Agenda Report # 94


TO: Mayor and Council

SUBJECT: Levy Road-Closure and Abandonment

INITIATED BY: Engineering Department


Recommendation: Approval is requested to authorize the changing of the Official Street Map and Tax Maps of the Consolidated Government of Columbus, Georgia by officially closing and abandoning a segment of Levy Road beginning at the end of the official right of way of Levy Road and extending eastward to its intersection with the west right of way line for Benning Drive; authorize the coordination of design and construction of a permanent turn around with the property owner/developer of the parcel; reserving utility easements; and for other purposes.

Background: A portion of Levy Road located south of Victory Drive is currently located on private property owned by Anthony George Kontaxis. The owner is considering selling the property. A developer recently submitted plans to the Department of Engineering. During the review phase it was noted that a full access driveway could not be granted to Benning Drive due to the close proximity to the Levy Road intersection. During discussions with the owner/developer/staff, it was agreed that if the road was officially closed then a full access could be granted. A public meeting was held on January 16, 2018 with 9 people in attendance including staff and owner representatives. A notice of the meeting was hand delivered to businesses along the street as well as a Variable Message Board placed advertising the meeting. A notice was run in the Ledger - Enquirer. Four of the attendees were uncommitted on their support for the project with one against. The road is currently used for cut-through traffic with other routes available. An update was given at the January 23, 2018 Council meeting.

Analysis: A title search performed by Jacob Beil Law Firm yielded the road is currently located on private property with the City having prescriptive rights. There will be limited opportunities for redevelopment of this property with the road being opened and restrictions of access. The owner could possibly seek relief from the courts to have the road closed. Staff believes it is in the best interest of the City and Property Owner to work together to officially close the road with the road remaining open until such time a permanent turn around can be designed and constructed. The proper time to do this is when a development is proposed and engineered to avoid conflicts. Subsequent meetings have been held with the existing owner and he concurs with this proposal.

Financial Considerations: The City would be responsible for the engineering and construction cost of a new turn around.

Projected Annual Fiscal Impact Statement: The City would continue maintenance of the road until agreement with the new developer at which time the City would pay the cost of the new turn around and be free of any ongoing maintenance obligation for the portion of road that is closed.

Legal Considerations: Council approval is required to close and abandon public streets.

Recommendations/ Actions: Approval is requested to authorize the changing of the Official Street Map and Tax Maps of the Consolidated Government of Columbus, Georgia by officially closing and abandoning a segment of Levy Road beginning at the end of the official right of way of Levy Road and extending eastward to its intersection with the west right of way line for Benning Drive; authorize the coordination of design and construction of a permanent turn around with the property owner/developer of the parcel; reserving utility easements; and for other purposes.



Exhibit A_001.pdfLevy Rd_001.pdf

A RESOLUTION
NO. _____

A RESOLUTION AUTHORIZING THE CHANGING OF THE OFFICIAL STREET MAP AND TAX MAPS OF THE CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA BY OFFICIALLY CLOSING AND ABANDONING A SEGMENT OF LEVY ROAD SOUTH OF VICTORY DRIVE BEGINNING AT THE EASTERN END OF THE EXISTING RIGHT OF WAY AND EXTENDING EASTWARD TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE FOR BENNING DRIVE; AUTHORIZING THE COORDINATION OF DESIGN AND CONSTRUCTION OF A PERMANENT TURN AROUND WITH THE PROPERTY OWNER/DEVELOPER OF THE PARCEL AT SUCH TIME THE PROPERTY IS REDEVELOPED; RESERVING UTILITY EASEMENTS; AND FOR OTHER PURPOSES.

WHEREAS, a portion of Levy Road south of Victory Drive is located on private property; and,

WHEREAS, the current intersection configuration limits the ability to meet current design standards for driveway access and will limit redevelopment opportunities of the property; and,

WHEREAS, the Department of Engineering has determined this street segment is not critical to traffic flow in the area with alternate routes available.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

SECTION I.

The "Official Street Map, Consolidated Government of Columbus, Georgia" maintained in accordance with Section 18.1 of the Columbus Code and appropriate Tax Map are hereby amended by deleting the following property from said maps:

All that portion of Levy Road east of the end of the official right of way for Levy Road formerly Esquiline Road show as paved portion of Lot 21 on plat prepared by Abram Siegle dated December 20, 1950 and recorded in Plat Book 7 Folio 37 .

Together with and subject to covenants, easements, and restrictions of record.

A copy of the survey drawing entitled Plat of Lot 21 Subdivision of Lands of F. Marion & Arthur C. Levy, Land Lot 9 of 7th District of Muscogee County, Georgia, showing the above described property is attached to this Resolution as Exhibit "A".

SECTION II.

That the Council finds that the segment of Levy Road described in Section I. above no longer serves a substantial public purpose. This abandonment is hereby declared to be in the best public interest. Accordingly, said segment is hereby declared abandoned and removed from the Official Street Map of Columbus, Georgia in accordance with O.C.G.A. Section 32-7-2(c). The City Manager is hereby authorized to coordinate with the property owner/developer at the appropriate time to design and construct a permanent turn around if determined in the best interest of the Consolidated Government of Columbus, Georgia.

SECTION III.

All existing utility easements known and unknown in the Street Segment shall be reserved.


___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held the ____ day of _________ 2018 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 Garrett voting __________.
Councilor Huff voting __________.
Councilor Thomas voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.



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