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HomeMy WebLinkAboutGEORGIA V HARMON ET AL Book 01212:0100 Augusta - Richmond County 200901109804/0212009 13:47:36.00 . $0.00 ORDER 1111111111111111I111111111I11111111111111111111111111111111I 2009011098 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2009-RCCV-239 AUGUSTA, GEORGIA, 1,628 Square Feet of Permanent Utility Easement; 1,629 Square Feet of Temporary Construction Easement; PIN: 140-0-212-00-0; TRAMPUS HARMON ; TIFFANY MACQUARRIE; FIRST BANK MORTGAGE; WELLS FARGO HOME MORTGAGE, Inc. as assignee of OPTEUM MORTGAGE, INC.; Individually, ';:l $ ~:.... ~ c=;:::...... ~~, .,., . ~~ , CJ;S - c-:>::t. g5i :g :z: 0 .- ~~ :<'0 ce c;')r- ~ ~ c::>> ~ 0 o If"" .,...., "",,::e~ -CJ~ r- (..0 l'T'lc::;""" c:::J...c:.c.n ~rnC:: ~.. ::e "0 "'pm ""m" r'f1 0 C"lO-:;o 00. ::::OClft 0"-1 -I~ rn Condemnor, v. 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 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 Horsepen Sanitary Sewer Project, Phase 2 140-0-212-00-0 i. . Book 01212:0101 Augusta-Richmond County '. ' 200901109804/02/2009 13:47:36.00 Richmond County, Georgia, the estimated just compensation for said property in the sum of $635.00, all as provided for by the O.C.G.A. g 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 Trampus Harmon and Tiffany Macquarrie being shown to be the person in possession of said property, to deliver up to Augusta, Georgia, not later than the ~ day of April, 2009, the full, peaceable, lawful and quiet possession of said premises described in the petition and the Declaration of Taking. Horsepen Sanitary Sewer Project, Phase 2 140-0-212-00-0 2 Book 01212:0102 Augusta-Richmond County 2009011098 04/02/2009 13:47:36.00 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 the ~ day of April, 2009. t Carl C. Brown, Jr. Judge, Superior Court of Richmon Augusta Judicial Circuit Horsepen Sanitary Sewer Project, Phase 2 140-0-212-00-0 3 Book 01212:0103 Augusta~Richmond County 2009011098 04/02/2009 13:47:36.00 Presented by: p~~~ Daniel W. Hamilton Attorney for Condemnor Georgia Bar No. 320855 Shepard, Plunkett, Hamilton, & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, GA 30901 (706) 722-6200 Horsepen Sanitary Sewer Project, Phase 2 140-0-212-00-0 4 . . I . IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2009-RCCV-239 AUGUSTA, GEORGIA, ) ) Condemnor, ) ) v. ) ) 1,628 Square Feet of Permanent Utility ) Easement; 1,629 Square Feet of Temporary ) Construction Easement; PIN: 140-0-212-00-0;) TRAMPUS HARMON ; TIFFANY ) MACQUARRIE; FIRST BANK MORTGAGE; ) WELLS FARGO HOME MORTGAGE, Inc. ) as assignee ofOPTEUM MORTGAGE, INC.; ) Individually, ) ) Condemnees - Respondents. ) CERTIFICATE OF CLERK 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 1212 , pages 100 TO 104 in my office. WITNESS, my hand and seal of said Court, this 9~ day of April 2009. [)2ptf~ Clerk of Richmon - :-....;;::;.--- ,,.'\t I\Q f\S 6 ~ ~ ~ 'j~~ ~1? " J.'9, "vp "dI,f A "- #~~ >q~, )~ /;::=::;:.' ~ ~~ \ -'""", r.' ,0 <i?'\' i,Jt~ ~ ~,"\~.-.., L. ~~-<O.. .-' ,i} I.l ~ .'! ~ ~ 1 '''k ti;. '~L? ===- -===-- ',."'~ ':;..1,' '<.i'Jfi- . ~~/ '- ..v jji,"'; ~ """,~~.,,::../ - "'-..::!.. .# ~ ~ ---- Horsepen Sanitary Sewer Project, Phase 2 140-0-212-00-0