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HomeMy WebLinkAboutERIC V FITZGERALD SUNTRUST MORTAGE MANER BULDERS SUPPLY 1,750 Square Feet of Permanent Drainage, Utility and Maintenance Easement, and 5,075 Square Feet of Temporary Construction Easement, Tax Map 65, Parcel 053-01; ERIC V. FITZGERALD; ELECTRONIC REGISTRATION SYSTEMS, INC. AS ASSIGNEE OF SUNTRUST MORTGAGE; SRP FEDERAL CREDIT UNION; MANER BUILDERS SUPPLY COMPANY, INC.; GEORGIA POWER; BENEFICIAL GEORGIA, INC. and SHERMAN POWELL; Individually, CERTIFICATE OF CLERK IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2008-RCCV-82 Condemnees- Respondents. AUGUSTA, GEORGIA, Condemnor, v. STATE OF GEORGIA ) RICHMOND COUNTY ) 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 1166 , pages ?471 2476 in my office. WITNESS, my hand and seal of said Court, this ~ day of Harch 2008. Belair Hills Subdivision Improvement Project Tax Map 65, Parcel 53-01 1 . .' Book 01166:2471 Augusta - Richmond County 200800897403/06/200809:38:37.01 $0.00 ORDER 111111111111111111111111111111111111111111111111111111111111 2008008974 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2008-RCCV-82 r' C) (}.) -~.' ,...""'" (-c. ?:' ..><. ~; \ ",r,_ ' C. "c. . s-- g\c' -0 -;e..;:, =~: -"""-:' ~~c. r:,? c;-:r' !" \~;:. ~{~ AUGUSTA, GEORGIA, ) ) CONDEMNOR, ) V. ) ) 1,750 Square Feet of Permanent Drainage, ) Utility and Maintenance Easement, and ) 5,075 Square Feet of Temporary ) Construction Easement, Tax Map 65, ) Parcel 053-01; ERIC V. FITZGERALD; ) ELECTRONIC REGISTRATION SYSTEMS, ) INC. AS ASSIGNEE OF SUNTRUST ) MORTGAGE; SRP FEDERAL CREDIT ) UNION; MANER BUILDERS SUPPLY ) COMPANY, INC.; GEORGIA POWER; ) BENEFICIAL GEORGIA, INC. and ) SHERMAN POWELL; Individually, ) ) RESPONDENTS - CONDEMNEES. ) 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 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 Belair Hills Subdivision Improvement Project Tax Map 65, Parcel 53-01 ~~ 'J.-:...t::' ;'::"~:'~; ." ...-~. "",.~.;~~ ::-:_' ~:~~ ~~~ ';'.','"",;:-2 I _.~ ~?~ ~?, ..)';}~ --\~ j'1"1 , .. k 01166'2472 Augusta - Richmond County . ~~08008'97 4 03/06/2008 09:38:37.01 Richmond County, Georgia, the estimated just compensation for said property in the sum of $1,106.00, all as provided for by the O.C.G.A. 9 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 Eric V. Fitzgerald, being shown to be the person in possession of said property, to deliver up to Augusta, Georgia, not later than the J~ day of March, 2008, the full, peaceable, lawful and quiet possession of said premises described in the petition and the Declaration of Taking. Belair Hills Subdivision Improvement Project Tax Map 65, Parcel 53-01 2 ., -, Book 01166:2473 Augusta - Richmond County 200800897403/06/200809:38:37.01' 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. This M day of "Ih~ , 2008. ~J- Q..., t6~ Carl C. Brown, Jr. Judge, Augusta Judicial Circuit Belair Hills Subdivision Improvement Project Tax Map 65, Parcel 53-01 3 ." .. Book 01166:2474 Augusta - Richmond County. 2008008974 03/06/2008 09:38:37.01 Prepared and presented by: T:>~ Lh-- \ Daniel W. Hamilton Georgia Bar No.: 320855 Attorney for Augusta, Georgia SHEPARD, PLUNKETT, HAMILTON & BOUDREAUX, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30901 706-722-6200 Belair Hills Subdivision Improvement Project Tax Map 65, Parcel 53-01 4 - ~ .. '. >- - c: ::l 0..... t 00 ::l "Or--: 0 c:('I') 0 ~oco5'- ._ E ~ ~.g :l::tsO>.cQ) o ._ 0 0 a. VlO::OO-,::l :.c: 10 ,(/') -roOO_ c:_C\l 0 ,- ~ (0 ~ ~ "0 0)0 ,_ Q) Q) ::l -. ro [I<(gmo Book 01166:2475 Augusta - Richmond Coulilty 200800897403/06/200809:38:37.01 ~, :Z ~ ~ ~ ~ Ci~ l5 IE t<: L... 1:>:.; ~ ~ 13 III F ~W '"