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HomeMy Public PortalAbout310_Right-of-way Certification for Historic Butler Pedestrian Public Safety Transportation Enhancement Grant Project – P.I. Number 0008997 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian O. Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Friday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: February 24, 2011 Item: Right-of-way Certification for Historic Butler Pedestrian Public Safety Transportation Enhancement Grant Project – P.I. Number 0008997 Explanation: _ __________________________________________________________________________________ ________________________ __________________________________________________________________ Budget Line Item Number (if applicable): Paper Work: XX Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jan LeViner Phone /Email: ext 137 Comments: ________________________________________________________________________________ __________________________________________________________________________________________ Date given to Clerk of Council February 16, 2011 INSTRUCTIONS FOR COMPLETING THE REAL PROPERTY AGREEMENTS FOR ENHANCEMENT PROJECTS As part of the ROW Certification, GDOT requires that a real property agreement to be executed for each project. The purpose of the agreement is an acknowledgement that if federal funds are being used to acquire right-of-way or easements for a project, the sponsor must return proceeds from any future sale of the acquired property to GDOT. It also serves as an acknowledgement of whether or not acquisition is required, even if federal funds are not being used for acquisition. Each project sponsor must execute three original documents and submit them to Moreland Altobelli for forwarding to GDOT. Send them to the following address: Jeanne Kerney Moreland Altobelli Associates, Inc. 2211 Beaver Ruin Road, Suite 190 Norcross, GA 30071 If no acquisition of right-of-way or easements is required for the construction of the project, complete the agreements as follows and submit the agreements with the signed Right-of-Way certification form. In Article I, Description of Real Estate, enter “None to be acquired.” In Article II, select the second option (Federal funds NOT being used). If acquisition is required, Moreland Altobelli will ask for the agreements after the right-of-way plans (or waiver request) have been approved by GDOT. Complete the agreements as follows. In Article I, Description of Real Estate, describe the right-of-way to be acquired in a simple manner, such as: “Right-of-Way and/or easements from 13 parcels on Main Street.” In Article II, select the option that applies. When the agreements have been executed by GDOT, one original will be returned to the sponsor. 2 ARTICLE II ____________________ City/County, Georgia, acknowledges that federal funds are being used to purchase the property designated in Article I, and, if this property ever changes ownership, the local government will reimburse the Georgia Department of Transportation the Fair Market Value of the property based on the Project’s actual share ratio. The City of Tybee Island, Georgia, acknowledges that federal funds are NOT being used to purchase the property designated in Article I, but if acquisition is needed, it will be acquired in accordance with Public Law 91-646, the Uniform Relocation Assistance and Real Properties Policies Act of 1970, as amended, and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. seq., and 49 CFR Part 24, and the rules and regulations of the Department. This work shall be coordinated with the Georgia Department of Transportation Office of Right of Way. ARTICLE III It is further agreed that this agreement will be referenced in the warranty deed for the above referenced property. IN WITNESS WHEREOF, the said parties have hereunto set their hands and affixed their seals, on this day and year first above written. CITY OF TYBEE ISLAND, GEORGIA (SEAL) BY: ____________________________________________ _____ MAYOR, ___________________ (AFFIX CITY/COUNTY SEAL HERE) ATTEST: _____________________________________________ CITY CLERK (AFFIX NOTARY SEAL HERE) ______________________________________________ _ GEORGIA DEPARTMENT OF TRANSPORTATION (SEAL) BY: _________________________________________________ ITS: _________________________________________________ (AFFIX NOTARY SEAL HERE) x 1 REAL PROPERTY AGREEMENT STATE OF GEORGIA CITY OF TYBEE ISLAND THIS AGREEMENT, made and entered into on this the _____ day of __________________, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, and the CITY of TYBEE ISLAND, GEORGIA, a political subdivision of the State of Georgia. WITNESSETH: WHEREAS, the Department is authorized to receive federal funding for Transportation Enhancement Activities for Georgia pursuant to provisions of 23 U.S.C. Section 139(b)(8); and, WHEREAS, the CITY of TYBEE ISLAND, GEORGIA, has represented to the Department that it has the authority to receive and expend federal funds for the purpose of the project, is qualified to provide its services necessary for the implementation of the project, and the Department has relied upon such representation; NOW, THEREFORE, it being duly considered and in recognition of the value and benefits accruing to the Local Government from said proposed Transportation Enhancement Project funding does promise and covenant as herein made; it it agrees that: ARTICLE I Project: CSTEE-0008-00(997) Chatham County P. I. Number: 0008997 Description of Real Estate: None to be acquired. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ENHANCEMENT; LCI; OR CMAQ PROJECT Right of Way Certification PROJECT NO.: P.I. NO.: COUNTY: DESCRIPTION: (Indicate Which Type Project) Enhancement______ LCI______ CMAQ______ This is to advise that the right of way and/or easements have been acquired in accordance with the current FHWA directives covering the acquisition of real property on the above referenced project. Place an “X” at the applicable item: ____ This project is limited to the existing rights of way and no additional rights of way acquisition was required. _____ All necessary rights of way, including control of access when pertinent have been acquired including both legal and physical possession. _____ All Rights of Way are owned by the City/County/State/Federal Government or a combination of these. __________________________________________________ City or County Attorney Date FOR DEPARTMENT OF TRANSPORTATION USE ONLY This is to advise that the required right of way for the above listed project was acquired in compliance with 49 CFR – Part 24, the Relocation Act of 1972(as amended), and all other appropriate federal regulations and guidelines governing the acquisition of right of way for roadway purposes. Title and possession has been obtained to all rights of way. Where appropriate, relocation and property management have been completed. R/W NOT REQUIRED ___ DEEDS ____ CONDEMNATIONS ___ TOTAL PARCELS ___ If R/W is being acquired; I have audited all files and they are in compliance with all Federal Guidelines outlined above. _____________________________ District Local Government Coordinator (Sign Only if R/W is being acquired) ________________________________ _ Right of Way Administrator Date Cc: Planning and Programming Engineer – District ______ Office of Planning -____________________________ Rev 08-01-2010