Created on 04/01/2014

Agenda Item # 1

Columbus Consolidated Government

Council Meeting

5/13/2014

Agenda Report # 112

TO: Mayor and Council

SUBJECT: Correction of Condemnation on Parcel 136 of Forrest Road Improvement Project

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

Recommendation: Approval is requested to amend Resolution #1114-14 to include the description of the Temporary Construction Easement for the acquisition of Parcel 136 5768 Forrest Road (map attached) for the Forrest Road Improvement Project Muscogee County totaling 0.01 acres +/- of Right of Way, Temporary Construction Easement totaling 0.01 acres+/-, plus two (2) Drive Way 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 #111-14 was approved in the April 8th Council Session. It is necessary to take Corrective action to include the description of the Temporary Construction Easement on the parcel listed above that was mistakenly left out of Original Resolution #111-14. Condemnation is requested because of the inability to retain releases from Mortgage Company or others with interest to said property and/or the inability to come to a reasonable solution.

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 by the SPLOST Funds.

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: Authorize the City Manager to order the corrective action to include the description of the Temporary Construction Easement, 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.

5768 Forrest Rd Parcel 136.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 Forrest Road Project are such that it is necessary to immediately acquire easements and lands in the following described property, to wit:

PROJECT NO.: 53009-2022
P.I. NO.: N/A
PARCEL NUMBER: 136
DATE OF R/W PLANS: September 7, 2012
REVISION DATE: March 6, 2013

All that tract or parcel of land lying and being in Land Lot 23 of the 9

^th

District of Muscogee County, Georgia, being more particularly described as follows:

Beginning at a point 30.61 feet right of and opposite Station 178+55.68 on the construction centerline laid out for Forrest Road; thence S 28̊55'29.943" E a distance of 4.40 feet to a point 35.00 feet right of and opposite Station 178+55.31 on said construction centerline laid out for Forrest Road; thence westerly 134.09 feet along the arc of a curve (said curve having a radius 925.35 feet and a chord distance of 133.98 feet on a bearing of S 52̊09'06" W) to the point 35.00 feet right of and opposite Station 177+16.14 on said construction centerline laid out for Forrest Road; thence N 40̊37'20.939" W a distance of 4.58 feet to a point 30.43 feet right of and opposite Station 177+16.25 on said construction centerline laid out for Forrest Road; thence northeasterly distance of 135.00 feet along the arc of a curve (said curve having a radius of 925.30 feet and a chord distance of 134.88 feet on a bearing of N 52̊14'42" E) to the point of beginning. Containing 0.01 acres more or less.

Such required right-of-way is shown in 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.

Also, granted is the right to an easement for the construction of slopes as shown colored green on the attached plat, being more particularly described as follows:

Beginning at a point 35.00 feet right of and opposite Station 177+59.12 on the construction centerline laid out for Forrest Road; thence northeasterly 51.72 feet along the arc of a curve (said curve having a radius of 925.35 feet and a chord distance of 51.71 feet on a bearing of N 52ฐ09’57” E) to the point 35.00 feet right of and opposite station 178+12.80 on said construction centerline laid out for Forrest Road; thence S 35ฐ15’45.70” E a distance of 5.63 feet to a point 40.63feet right of and opposite Station 178+12.70 on said construction centerline laid out for Forrest Road; thence S 54ฐ49’ 14.33” W a distance of 51.37 feet to a point 38.24 feet right of and opposite Station 177+59.18 on said construction centerline laid out for Forrest Road; thence N 40ฐ26’33.71” W a distance of 3.25 feet to the point of beginning. Containing 0.01 acres more or less.

Also, granted is the right to easements for the construction of driveways as shown colored pink 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.

Said easements shall expire on April 1, 2017 or upon completion and final acceptance of said project by the City of Columbus, Georgia.

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

That Resolution #111-14 approved in the April 8th Council Session is hereby amended to include the description of the Temporary Construction Easement on the parcel listed above that was arbitrarily left out of Original Resolution #111-14. It is requested for condemnation because of the inability to retain releases from Mortgage Company or others with interest to said property and/or the inability to come to a reasonable solution.

That there is a necessity for the immediate acquisition of said property interests under the provisions of the Official Code of Georgia Annotated O.C.G.A. งง 32-3-1, et seq.

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.

That the immediate acquisition of such property interests is for county roads, municipal streets or public highway purposes.

That, in accordance with an investigation and report made to Columbus, Georgia by a competent land appraiser, the estimated value of $35,700.00 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.

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 งง 32-3-1, et seq.

_____________________

Introduced at a regular meeting of the Council of Columbus, Georgia, held on the ________ day of ___________, 2014, 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 Thomas voting .
Councilor Turner-Pugh voting .
Councilor Woodson voting .

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