Agenda Item # 4

Columbus Consolidated Government
Council Meeting

09/25/2018

Agenda Report # 29


TO: Mayor and Council

SUBJECT: Condemnation on Parcel 29, 514 Morris Road Spider Web Network

INITIATED BY: Right of Way Acquisition Coordinator, Planning Department


Recommendation: Approval is requested for a condemnation of Parcel 29, 514 Morris Road located at the corner of Buena Vista Road, Muscogee County totaling 7,841.42 +/- of Right of Way and 20,116.16 sq. ft +/- of Permanent Construction Easement 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. the referenced project.

Background: The parcel listed above is requested for Condemnation because of the inability to come to a suitable agreement that the owner wants the City to buy the total parcel. The City does not want the whole parcel because of Flood Plain and environmental issues. The City is condemning only what is needed to build the project (Right of Way and Easement).

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 the authority of the official code of Georgia annotated, Section 32-3-1et-seq.


20180921101051016.pdf20180921101051016.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 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:

Required Permanent Easements:

The above-described parcel contains 0.286 acres (124563.92 sq. ft.)

Area 2:

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 $18,000.00 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 _____________, 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 House voting __________.
Councilor Huff voting __________.
Councilor Thomas voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.

_________________________________ __________________________
Lindsey Glisson, Deputy Clerk of Council Teresa Pike Tomlinson, Mayor