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.pdf5768 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


NOW, THEREFORE, THE COUNCIL OF COLUMBUS GEORGIA, HEREBY RESOLVES AS FOLLOWS:
1.
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.
2.

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. 32-3-1, et seq.
3.

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.
4.

That the immediate acquisition of such property interests is for county roads, municipal streets or public highway purposes.
5.

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.

6.

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 ___________, 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