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Home My WebLink AboutAUGUSTA GEORGIA V WATERS ET AL ORDER GRANTING POSSESSION Book 01141:0431 Augu~ta - Richmond County 200704674909/05/200713:27:23.00 $0.00 ORDER I 11111111111 Imll 11111 110 Imll Ilmlmlll 110 111I111111111 2007046749.Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2007-RCCV-458 AUGUSTA, GEORGIA, CONDEMNOR, v. 2,938 Square Feet of Permanent Easement; 850 Square Feet of Temporary Easement; Tax Map 51, Parcel 242; STEPHEN WATERS; TERRY WATERS; GEORGIA POWER COMPANY; QUEENSBOROUGH NATIONAL BANK AND TRUST COMPANY, fjnja FIRST NATIONAL BANK AND TRUST CO.; FIRST BANK MORTGAGE CORPORATION, a Division of FIRST BANK OF GEORGIA; MCG, HEALTH, INC.; Individually, CONDEMNEES-RESPONDENTS. ORDER GRANTING POSSESSION TO THE NAMED CONDEMNEE(S) AND TO THE PERSON IN POSSESSION OF THE PROPERTY DESCRIBED IN THE PETITION FOR CONDEMNATION AND DECLARATION OF TAKING IN THE ABOVE STATED CASE; AND TO ALL AND SINGULAR THE SHERIFFS OF THIS STATE AND COUNTY AND THEIR LAWFUL DEPUTIES: The Condemnor, Augusta, Georgia, in the above stated case having brought and filed in said Court its petition in rem to condemn the property therein described; and Belair Hills Subdivision Improvement Project Tax Map 51, Parcel 242 (j \,,;"""'1 .;.. Book 01141 :0432 Augusta - Richmond COllnty 2007046749 09/05/2007 13:27:23.00 Having made and filed in said Court its Declaration of Taking against said described property, and having deposited with the Clerk of the Superior Court of Richmond County, Georgia, the estimated just compensation for said property in the sum of $1,243.00, all as provided for by the O.C.G.A. S 32-3-5 through 32-3- 19; and It appearing to the court that service of such petition and declaration has been had on the person in possession of said property; and that a diligent and reasonable effort has been made to cause service to be had upon all other persons having any interest in or claim against said property; and It being provided by the Official Code of Georgia Annotated as follows: "Upon the filing of a declaration of taking, the Court shall have power to fix the time, the same to be not later than 60 days from the date of the filing of the declaration of taking as provided in Code Section 32- 3-6, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner;" and Condemnor having. applied to the Court for immediate possession of the described property; and an order having been made, requiring the person in possession, and the condemnee, as well as all other interested persons, to show cause at the time and place set out in said order why such prayer for immediate possession should not be granted; and such hearing having been had before me on this date, IT IS CONSIDERED, ORDERED AND ADJUDGED that Stephen Waters and Terry Waters being shown to be the person in possession of said property, to Belair Hills Subdivision Improvement Project Tax Map 51, Parcel 242 2 . Book 01141 :0433 Augusta - t'(IGIIIIIUIIU \.#VUIIlJ 2007046749 09/05/2007 13:27:23.00 deliver up to Augusta, Georgia, not later than the 15th day of September, 2007, the full, peaceable, lawful and quiet possession of said premises described in the petition and the Declaration of Taking. Upon the failure of such person so to do, the Sheriff of Richmond County and the Sheriffs lawful Deputies are hereby commanded to proceed forthwith to put the said Augusta, Georgia, in full, peaceful, lawful and quiet possession of said premises. ':); <,,r This") I "'" day of August, 2007. , .l ('=-" ,"" :./) {.. .t/ /;:':;' L..~.~k; l'/( "Sheryl B. ghlly ,,/ {t Judge, Augusta Judicial Cir~ Belair Hills Subdivision Improvement Project Tax IV1ap 51, Parcel 242 " .) Book 01141 :0434 Augusta - Richmond County 2007046749 09/05/2007 13:27:23.0'0 Prepared and presented by: 17~ ~~~ Daniel W. Hamilton Georgia Bar No.: 320855 Attorney for Augusta, Georgia SHEPARD, PLUNKETT, HAMILTON, BOUDREAUX & TISDALE, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30901 706-724-6597 706-722-6200 Belair Hills Subdivision Improvement Project Tax Map 51, Parcel 242 4 I'l .. ~ is ~,. F ~~ < ::Iii -f'i ll:: "<:~ O<:\lO:l!\;: ~ ~~ el ~~ F '" ll:: ILl a.. o ll:: a.. ~ ~' "<:t:lt:l 1Il~~ ~"<:"<: ~~ ~~~ ~...... i:'j~~ :::i!'o!>:l '\s~Ql I::i "i I ~~t:l ~"<:~ ~~~ "<:<:i~ lilt:'" ~!:i'" '<ilij~ ~~~ "i'll ~~~ ~"'''' l( ~ ~lri~ ~ ,J ~~ "",,<: ~l\j ~~ ~... el~ ~~ ~~ o o >-('1') C:N :J o!,- UN "C . . =('1') OT"'" ~!'- (,)0 0::0 IN C\'l- iilLO :JO 0>- :Jm <(0 IJ')m ~.q C?!'- ....(0 -.t.q :=0 o!,- .ll:0 00 SN 1ii~ ...'" ~i ~... 11<''ll61 .~i'-98~ o95S On 00 ~l!! .00'01 .. :0;; '" ~~ ~~ '!? ~ 3: . ~~ fJ~ ~ ,., z ii!: ...'" ~~ ~~ t-... ,00-01 66'MI~ .66'"'1 3.Lt~.9l1N 1ii~ ...'" ~S ~~ t-... :>-t ~ ~ "- Z ~ :::> :;: 0 ~ U w :;: ILl en < ILl Cl W ..J ([ :;: o <.> z o ~ U) U) ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ ::> '< ~ ~~ ~~ 00 L5~ one:< 0< OWW N55 Q.Q. Noljolj N W Wo ~~~ :J: <08 .,~~ "''- '-0 t--_ ~ Z o ~ P:: u ~ ~ I <: ~ U) :::> o :::> <: c:{ 1I1 IS :s ~ :il ~ ~ 8 @ ~" ... ~ ~ Q It ~ 0 ~ ~ l!1 (J ~ iia o ... o ... h ~ ~ ~ h V) h h ~ ~ ~ ~ r:Q ~ "" \l'i .5 ~ C) g <:i ~~ .... t-4i~ ~~i ~ Q) ~ !>:l Q): ... ~ I ~ ..-4 ~ >> I ~q~~!. ~~ ..~" ~ 8 i- " I;: Q) G I ~~ Of 0: ~l i; . G ~ ~i i5 . G ~ ~Is P-~ .., ti t! ~ <> l7J >.: ... ~~ ~a: ililR ...i!; ~!li >..~ ~~ ~~ :::!... ...~ ~~ ~~ ~lll i!;~ Ii! ~ ... ~ ~ ~ ::::; ~ <:i ;.l! ~ ~~ "':;;;; Filed in this office: Augusta - Richmond County 09/05/2007 13:27:23.00 Elaine C, Johnson Clerk of Superior Court CERTIFICATE OF CLERK I, ELAINE C. JOHNSON, Clerk of the Superior Court of Richmond County, Georgia, certify that the foregoing is a true and correct copy of JUDGMENT OF COURT, as the same appears of file in the above stated case, and of record on the deed records in Realty Reel 1141 , pages 431 TO 435 in my office. WITNESS, my hand and seal of said Court, this 12th day of September 2006. IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2007-RCCV-458 AUGUSTA, GEORGIA, CONDEMNOR, v. 2,938 Square Feet of Permanent Easement; 850 Square Feet of Temporary Easement; Tax Map 51, Parcel 242; STEPHEN WATERS; TERRY WATERS; GEORGIA POWER COMPANY; QUEENS BOROUGH NATIONAL BANK AND TRUST COMPANY, fjnja FIRST NATIONAL BANK AND TRUST CO.; FIRST BANK MORTGAGE CORPORATION, a Division of FIRST BANK OF GEORGIA; MCG, HEALTH, INC.; Individually, CONDEMNEES- RESPONDENTS.