Agenda Item # 4
Columbus Consolidated Government
Council Meeting
6/10/2014
Agenda Report # 135
TO:
Mayor and Council
SUBJECT:
Condemnation on Parcel 13 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 13, 5759 Forrest Road (map attached) for the Forrest Road Improvement, Muscogee County totaling 0.01 acres +/- of Right of Way, plus a Temporary Construction Easement of 0.04 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 come to a reasonable settlement.
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.
Forrest Road Agenda Report - Parcel 13 Plan.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 from Woodruff Farm Road to Schatulga Road Widening Project, (53009-2002) 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 NUMBER: 13
DATE OF R/W PLANS: September 7, 2012
LAST REVISION DATE: January 16, 2014
Required Right-of-Way
:
All that tract or parcel of land lying and being in Land Lot 23 of the 9th Land District of Muscogee County, Georgia, being more particularly described as follows:
Beginning at a point 29.59 feet left of and opposite Station 176+97.39 on the construction centerline laid out for Forrest Road; thence N 40°1’22.028” E a distance of 5.42 feet to a point 35.00 feet left of and opposite Station 176+97.67 on said construction centerline laid out for Forrest Road; thence northeasterly 79.58 feet along the arc of a curve (said curve having a radius of 995.35 feet and a chord distance of 79.56 feet on a bearing of N 49°11’19” E) to the point 35.00 feet left of and opposite station 177+74.45 on said construction centerline laid out for Forrest Road; thence S 0°14’51.914” W a distance of 7.05 feet to a point 29.51 feet left of and opposite station 177+70.17 on said construction centerline laid out for Forrest Road; thence southwesterly 75.02 feet along the arc of a curve (said curve having a radius of 985.30 feet and a chord distance of 75.00 feet on a bearing of S 46°6’43” W) to the point of beginning. Containing 0.01 acres more or less.
Such required right of way is shown in yellow on a plat on file in the Office of the Right of Way Acquisition & Transportation Planning Coordinator of Columbus, Georgia.
Required Temporary Easement
:
Also the right to an easement for the construction of slopes as shown colored green on such plat, being more particularly described as follows:
Beginning at a point 35.00 feet left of and opposite Station 176+97.67 on the construction centerline laid out for Forrest Road; thence N 40°01’20.97” W a distance of 11.78 feet to a point 46.77 feet left of and opposite Station 176+98.27 on said construction centerline laid out for Forrest Road; thence N 46°18’15.47” E a distance of 75.65 feet to a point 50.43 feet left of and opposite Station 177+70.21 on said construction centerline laid out for Forrest Road; thence N 13°00’48.98” W a distance of 36.33 feet to a point 83.28 feet left of and opposite Station 177+84.74 on said construction centerline laid out for Forrest Road; thence S 87°53’17.06” E a distance of 21.48 feet to a point 69.60 feet left of and opposite Station 178+00.08 on said construction centerline laid out for Forrest Road; thence S 0°14’53.28” W a distance of 43.90 feet to a point 35.00 feet left of and opposite Station 177+74.45 on said construction centerline laid out for Forrest Road; thence northwesterly 79.58 feet along the arc of a curve (said curve having a radius of 961.61feet and a chord distance of 79.56 feet on a bearing of N 49°11’19.41” W) to the point of beginning. Containing 0.04 acres more or less.
Said latter easement expires upon completion and final acceptance of said project by the Columbus Consolidated Government.
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 $1,265.00 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
, 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