Agenda Item # 2

Columbus Consolidated Government
Council Meeting

05/08/2018

Agenda Report # 115


TO: Mayor and Council

SUBJECT: Condemnation on Parcel TA-B, 049-005-004, 2997 Buena Vista Road Spider Web Network

INITIATED BY: Right of Way Acquisition Coordinator, Transportation Division


Recommendation: Approval is requested for the acquisition of Parcel TA-B, Tax Map 049-005-004, 2997 Buena Vista Road Spider Web Network at the corner of Illges Road for a 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 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 come to a suitable agreement and disagreements between the Owner and Tenant. It is a Total Take.

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: Funding for the project will be from GDOT Transportation Investment Act (TIA) of 2010.

Projected Annual Fiscal Impact Statement: The City will be responsible for service and upkeep after the 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 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.



map of Parcel TA-B Spider Web.pdfmap of Parcel TA-B Spider Web.pdf

A RESOLUTION
NO. _____

A RESOLUTION AUTHORIZING THE DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY ACQUIRE FEE SIMPLE TITLE TO LANDS UNDER THE PROVISION OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID 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 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 property for the Buena Vista Road Spider Web Network Project (STP00-000-00(473)) are such that it is necessary to immediately acquire fee simple title in the following described property, to-wit:


STARTING at a point formed by the intersection of the northeasterly line of Buena Vista Road with the northwesterly line of Illges Road as said roads existed on December 14,1977, as shown on the aforementioned plat, and from said starting point running thence North 63 degrees 9 1/2 minutes West, along the then existing Northeasterly line of Buena Vista Road, a distance of 152.25 feet to a point; running thence North 36 degrees 10 minutes East a distance of 5.20 feet to an iron pin that is the POINT OF BEGINNING of the tract and parcel hereby conveyed, and from said Point of Beginning running thence North 36 degrees 10 minutes East a distance of 144.8 feet to an iron pin; running thence South 63 degrees 19 1/2 minutes, East a distance of 152.25 feet to an iron pin located on the Northwesterly line of Illges Road; running thence South 36 degrees 10 minutes West ,along the northwesterly line of Illges Road, a distance of 45.2 feet to a drill hole in concrete; running thence North 53 degrees 50 minutes West a distance of 5 feet to a nai land cap; running thence South 36 degrees 10 minutes West a distance of 30 feet to a drill hole; running thence South 55 degrees 58 minutes West a distance of 26.57 feet to a nail and cap; running thence South 65 degrees 26.5 minutes west a distance of 59.5 feet to a nail and cap; and running thence North 63 degrees 16 minutes 45 seconds West, along the widened Northeasterly line of Buena Vista Road and at a distance of 35 feet from the center line of said road, a distance of 108.54 feet to the Point of Beginning.

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 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 $714,737.00 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 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