Created on 03/18/2014

Agenda Item # 5

Columbus Consolidated Government

Council Meeting

3/25/2014

Agenda Report # 94

TO: Mayor and Council

SUBJECT: Condemnation on Parcel 91, 92, 93 of Forrest Road Improvement

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

Recommendation: Approval is requested for the acquisition of Parcel 91, 92, 93; 6828, 6824, 6820 Forrest Road (map attached) for the Forrest Road Improvement Project, Muscogee County totaling 0.03 acres +/- of Right of Way, Temporary Construction Easement totaling 0.02 acres+/- on Parcels 91 and 93, plus a Drive Way Easements on all said parcels 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 land under the authority of the official code of Georgia annotated, Section 32-3-1 et.seq for the referenced project.

Background: The parcels listed above is requested for condemnation because of the inability to reach a reasonable solution. These parcels are owned by the same owner and the parcels are side by side.

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: Authorizing the City Manager to order the Acquisition of said land for County Road and/or Municipal Street 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.

4937_001.pdf

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.: 53009-2002

P.I. NO.: N/A

PARCEL NUMBERS: 91, 92, and 93

DATE OF R/W PLANS: September 7, 2012

REVISION DATE: January 16, 2014

LEGAL DESCRIPTION - PARCEL 91:

All that tract or parcel of land lying and being in Land Lot 55 of the 9

^th

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

Beginning at a point 29.72 feet right of and opposite Station 244+73.98 on the construction centerline laid out for Forrest Road; thence S 0̊0’0.832” W a distance of 5.28 feet to a point 35.00 feet right of and opposite Station 244+74.10 on said construction centerline laid out for Forrest Road; thence N 88̊46’54.293” W a distance of 47.08 feet to a point 35.00 feet right of and opposite Station 244+27.02 on said construction centerline laid out for Forrest Road; thence N 1̊4’51.352” E a distance of 5.04 feet to a point 29.96 feet right of and opposite Station 244+27.01 on said construction centerline laid out for Forrest Road; thence S 89̊4’24.872” E a distance of 46.98 feet 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 244+48.22 on the construction centerline laid out for Forrest Road; thence S 88̊47’22.39” E a distance of 25.88 feet to a point 35.00 feet right of and opposite Station 244+74.10 on said construction centerline laid out for Forrest Road; thence N 00̊00’00.83” W a distance of 9.71 feet to a point 44.71 feet right of and opposite Station 244+74.30 on said construction centerline laid out for Forrest Road; thence N 88̊43’41.92” W a distance of 26.09 feet to a point 44.71 feet right of and opposite Station 244+48.21 on said construction centerline laid out for Forrest Road; thence N 01̊16’18.08” E a distance of 9.68 feet to the point of beginning. Containing 0.01 acres more or less.

Also, granted is the right to an easement for the construction of a driveway 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.

LEGAL DESCRIPTION - PARCEL 92:

All that tract or parcel of land lying and being in Land Lot 55 of the 9

^th

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

Beginning at a point 29.96 feet right of and opposite Station 244+27.01 on the construction centerline laid out for Forrest Road; thence S 1̊4’51.352” W a distance of 5.04 feet to a point 35.00 feet right of and opposite Station 244+27.02 on said construction centerline laid out for Forrest Road; thence N 88̊46’54.293” W a distance of 50.00 feet to a point 35.00 feet right of and opposite Station 243+77.02 on said construction centerline laid out for Forrest Road; thence N 1̊4’51.365” E a distance of 5.00 feet to a point 30.00 feet right of and opposite Station 243+77.01 on said construction centerline laid out for Forrest Road; thence S 88̊49’38.372” E a distance of 50.00 feet 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

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

LEGAL DESCRIPTION - PARCEL 93:

All that tract or parcel of land lying and being in Land Lot 55 of the 9

^th

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

Beginning at a point 30.00 feet right of and opposite Station 243+77.01 on the construction centerline laid out for Forrest Road; thence S 1̊4’51.365” W a distance of 5.00 feet to a point 35.00 feet right of and opposite Station 243+77.02 on said construction centerline laid out for Forrest Road; thence N 88̊46’54.293” W a distance of 50.00 feet to a point 35.00 feet right of and opposite Station 243+27.02 on said construction centerline laid out for Forrest Road; thence N 1̊4’51.352” E a distance of 4.96 feet to a point 30.04 feet right of and opposite Station 243+27.01 on said construction centerline laid out for Forrest Road; thence S 88̊49’38.372” E a distance of 50.00 feet 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 243+62.66 on the construction centerline laid out for Forrest Road; thence S 88̊46’54.29” W a distance of 14.24 feet to a point 35.00 feet right of and opposite Station 243+77.02 on said construction centerline laid out for Forrest Road; thence S 01̊04’53.51” W a distance of 22.96 feet to a point 57.96 feet right of and opposite Station 243+77.07 on said construction centerline laid out for Forrest Road; thence N 88̊47’03.24” W a distance of 14.42 feet to a point 57.96 feet right of and opposite Station 243+62.66 on said construction centerline laid out for Forrest Road; thence N 01̊30’47.24” E a distance of 22.96 feet to the point of beginning. Containing 0.01 acres more or less.

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 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. 壯 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 $12,800.00 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 壯 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