HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY WAYNESBORO MOTOR COURT ENTERPRISES, INC. IN THE AGGREGATE SUM OF SEVENTEEN THOUSAND AND ONE HUNDRED DOLLARS RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY
WAYNESBORO MOTOR COURT ENTERPRISES, INC. (CLAIMANT) IN THE
AGGREGATE SUM OF SEVENTEEN THOUSAND AND ONE HUNDRED
DOLLARS ($17,100.00), PAYABLE AS FOLLOWS: BENJAMIN ALLEN AS
ATTORNEY FOR WAYNESBORO MOTOR COURT ENTERPRISES, INC.;
FURTHER AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE
AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00); WAIVING
AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT
FOR THIS INSTANCE ONLY;AND FOR OTHER PURPOSES.
WHEREAS, The City of Augusta filed a suit in Richmond County Superior Court,
2017-RCCV-109, against Waynesboro Motor Court Enterprises, Inc. and 204.69 square
feet of right of way and 426.97 square feet temporary easement on the property known as
2648 Wheeler Road. The purpose of the suit was to condemn and take possession of the
property and to pay Waynesboro Motor Court reasonable compensation. The City of
Augusta deposited the sum of twenty-one hundred dollars ($2,100.00) into the Registry
of the Clerk of the Superior Court based upon an appraised value of$2,100.00 issued by
Benjamin M. Garland,Jr. Waynesboro Motor Court filed a timely answer declaring that
the property was worth no less than seventy-five thousand dollars ($75,000.00).
WHEREAS, all parties to said lawsuit desire to settle all claims; and
WHEREAS, Claimant has agreed to settle all claims regarding the value of 2648
Wheeler Road for the total sum of seventeen thousand and one hundred dollars
($17,100.00) payable to Benjamin Allen, as Attorney for Waynesboro Motor Court
Enterprises, Inc.; and
WHEREAS,it is in the best interests of Augusta,Georgia to resolve this matter and
pay the amount of seventeen thousand and one hundred dollars($17,100.00)to Claimant
as set out above to settle all claims of Claimant against the City of Augusta Georgia based
upon the following facts alleged in said lawsuit:
The City's Appraisals reflected a value of $2,100.00. Respondent obtained an
independent appraisal reflecting a value $75,000.00 (May Appraisal) and asserting that
the taking amounted to a taking of the entire parcel.
WHEREAS,Augusta,Georgia acknowledges that the payment set forth herein does
not constitute any admission of liability on the part of Augusta, Georgia and liability is
expressly denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia
Commission,
Settlement Resolution
Augusta Georgia v.Waynesboro Motor Court Enterprises,Inc
Case Number: 2o17RCCVio9
Page 1 of 2
Section 1: The Augusta, Georgia Commission will settle the claims set forth
above for the sum of seventeen thousand and one hundred dollars ($17,100.00), payable
to Benjamin Allen, as attorney for Waynesboro Motor Court Enterprises, Inc.
Section 2: The County Administrator is authorized to pay to Benjamin Allen, as
attorney for Waynesboro Motor Court Enterprises, Inc,a total sum of seventeen thousand
and one hundred dollars ($17,100.00). Such amount includes the $2,100.00 currently
deposited with the Clerk of Superior Court.
Section 3: To the extent that any section of the AUGUSTA,GA.CODE is in conflict
herewith,that subsection is waived for this instance only.
Adopted this ` day of `2 by lit a , 2019.
kivweVL-
Alai
Hardie Davis,Jr.
,1 �� Y As its Mayor“- Affi,,:efitt p7/2/1.7 At t. �
r / :
e a J. Bo a• jerkeof ;'.mmission
Seal: ,
0 CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Resolution was duly adopted by the Augusta, Georgia Commission
on , 2019 and that such Resolution has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached hereto
is a true copy of the Resolution which was approved and adopted in the foregoing
meeting(s).
Lena J. Bonner, Clerk of Commission
Settlement Resolution
Augusta Georgia v.Waynesboro Motor Court Enterprises,Inc
Case Number: zoi7RCCVio9
Page 2 of 22