Agenda Item # 8

Columbus Consolidated Government

Council Meeting

5/14/2013

Agenda Report # 75

TO: Mayor and Council

SUBJECT: Condemnation on Moon Road Reconstruction Project-Parcel 43, 6406 Moon Rd

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



Recommendation: Approval is requested for the acquisition of Parcel 43, 6406 Moon Road (map attached) for the Moon Road Reconstruction Project from Wilbur Drive to Whittlesey Blvd totaling 0.022 +/- acres of Right of Way, 0.006 acres+/- of Temporary Easement plus a Driveway Easement 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 parcel listed above is requested for condemnation because of the inability to obtain releases of entities that have interest or claim to this parcel in a timely manner.

Analysis: To keep the project on schedule it is necessary to proceed to condemn and 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 the completion of the project and the Bridge is turned over to the City.

Legal Considerations: This action requires Council's approval by resolution.

Recommendations/ Actions: Authorizing the City Manager to order the Acquisition of said lands 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.


Parcel 43 - with plats.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 Moon Road from Wilbur Drive to Whittlesey Boulevard Project, (53023 20090 0), are such that it is necessary to immediately acquire easements and lands in the following described property, to-wit: 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 $4,300.00 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 on the day of , 2013 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