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Home My WebLink AboutINDUSTRIAL DEVELOPMENT ORDER GRANTING POSSESSION Bodk 01280:1790 Augusta - Richmond County 201 0045695 11/04/2010 1 6:47:45.00 $0.00 ORDER 1 111111111111111 111111 1111111111 III 1111 1111 11111111111 1 mi11 um iiuumnoo nunlm 11111 mil 11 11111111/11 2010045695 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2010 -RCCV- 675 may_ ; , 7 AUGUSTA, GEORGIA, r, Condemnor, V. Y -- - 195 Square Feet of Right of Way, 282 Square Feet of Permanent Easement; 475 Square Feet of Temporary Easement PIN: 134 -0- 004 -00 -0; INDUSTRIAL DEVELOPMENT CORPORATION OF RICHMOND COUNTY, GEORGIA; THIRD NATIONAL BANK OF NASHVILLE; 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 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 $600.00, all as provided for by the O.C.G.A. § 32 -3 -5 through 32 - - 19; and 1 Marvin Griffin Road Improvement Project 134 -0- 004 -00 -0 Book 01280:1791 Augusta 01 16 47 2010045695 11/04/2010 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 Industrial Development Corporation of Richmond County, Georgia, being shown to be the persons in possession of said property, to deliver up to Augusta, Georgia, not later than the I p1 day of keti... ,,. btu- 2010, the full, peaceable, lawful and quiet possession of said premises described in the petition and the Declaration of Taking. 2 Marvin Griffin Road Improvement Project 134 -0- 004 -00 -0 Book 01280:1792 Augusta - Richmond County 2010045695 11/04/2010 16:47:45.00 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 Y^day of November, 2010. Carl C. Brown, Jr. Judge of Superior Court, Augusta J e. cial Circuit 3 Marvin Griffin Road Improvement Project 134-o- 004 -00 -o • Book 01280:1793 Augusta - Richmond County 2010045695 11/04/2010 16:47:45.00 Prepared and presented by: Daniel W. Hamilton Georgia Bar No. 320855 Attorney for Condemnor Shepard, Plunkett, Hamilton, & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, GA 30901 (706) 722 -6200 4 Marvin Griffin Road Improvement Project 134-o- 004 -00 -o • Book 01280:1794 Augusta - Richmond County 2010045695 11/04/2010 16:47:45.00 • Exhibit A Al]. • that piece, parcel or lot land with improvements thereon.,. situate lying, and being in the 123 District, .G.M. Richmond County, Georgia, .containing 5.749 or less, and being more p:articulariy,described by reference to a .plat Of said property prepared for R. Hugh Daniel and Martha.-Cobb Daniel.by Jones and •Assoaiates,.Architemis and Engineers, . Augusta,. Georgia, dated•February.2T, 1965; a copy of which plat is attached hereto and by • reference made part hereof for amore• complete • description as to the..metes, bounds, distances • and location of said prope and : having the following..metes. and .bounds .as :shown on said plat: BEGINNING • at an .iron pin at .the :Northeastern • corner of the intersection .of the: right' of way • • for Marvin •Griffin• Road the right of • for the Central of Georgia'liailroad, and running • • thence with the Eastern edge of the right way • . for. the: Central of Georgia :Railroad N.. 26 -23.W. 560 feet to an iron• pin;_ thence with the line ' • of•property now or formerly of LA. Prior • . N..63 - E. 407:5 feet to..an iron .pin; thence • with the Western edge.of.the right of way £o.r: Industrial •Drive S. '26 -23 E. 666.2 *feet to 'an lion • pin at the Northern •edge of.the•right of way for Marvin Griffin. Road; ' thence•with the- - Northern edge of the said right.of•way for '. . Marvin Griffin'Road''S. 76 -37 W. 90 ..5•feet to an. iron pin; thence continuing with the•'Northern • edge, of the said right of way S. 78 -27 W..258.6 . feet to an .iron pin; thence still continuing with the Northern• of the said right Of way . • • . '8; 79 -45 W..71.5 feet to' the point of beginning, • • Said property is'locateu'on the Northeast corner ' • . of:Mazvin:Gr ffin Reid, • sometimes known as Cottage"Road,•and the.: C.entral of Georgia .Railroad . right of wey is tl•:e.' Same property conveyed' in two separate tracts to the Daniel.:Poundiition • by the. Committee of 10.0, Inc. .by:wazranCy deed . . . • 'dated - December - 4, 1958 i• and'recorded: •in: the. Office • •. of the Clerk of the •Superior Court • o.f Richmond " • County, Georgia,' in 'Beek 25 -Q, pages 19S -199, . ' • • . • and ' conveyed by the. Daniel Foundation . to Ole :party first rty of the f part herein •by Warranty . . • Deed, dated September 28, 1959, .and'recorded said Clerk's Office in•Realty Book 26 -G, pages • . 475 -477. •Said property is bounded, generally: • • • Ori the East' by Industrial Drive; on. the South by Marvin Griffin Road; on the West by the rigk o f • way for the•Central cif .Georgia Railroad ;' on the. . . • . . North by property •now •nr formerly of R•. Prior.. • . • • Map and Parcel No.: 134 -0- 004 -00 -0 • • • • • ' Book 01280:1795 Augusta - Richmond County 2010045695 11/04/2010 16:47:45.00 A \ cv \ \f..... \ 01 Z N ER IS z ) M U La e" ?- rn u RD _ g N A j O U N Zg Zx 4 , ,- Z N / V 0,4 O O U ) 4 W <-4- O O S = 0 w -`p) s:..' v_ W N o o y o \ �� J \ a Z I n 2 O v o I 5 + 0 ZU N s N 1 0 , , C-.) 0 - 0 0-4 w › k g 9 9 W ix rP W g. g 75 o t.: C3 i 0 M (/) as Midi <4 R w U) • EE S'4 "T" w ce►.��.{{ F. 5 0,' ( I a ? c w `o, ..N Ix- 0 E � • Y . ;• n • ` as. Z7 �Y?I 0 MI • a ,48, _ Z i ,--, m 1: : :, a �p II $ O ,.:.4 z tD O� W czA to N o (� 1 " 4 e1:ut , Z U ry " m ee�� AA _ V R h em: p0• N OI:il -f iO ? rI doo.',Wmgm'm�OrONNriWn4Nd E St::;;', WSJ Mll og 'IX L tINHEEFi bw E Rb ilVire YA d ..X gym= z ^ z u ^ z z'G ✓.ZH N2 ZN O 2 \ � m 8 a) O a " m- mn•tmm ea;: �333�39ri.591:�".,11. 0) 0 — , _' _ • O ms ° C! O C7 O 0 �. =•_ q ° 3 q, tc ° f �aas� I/ t -� L O 0 O G, . c 2::,; Q ilk >_ E RP . C 5,g -77 i --� G Q t W,`,`E ( T--1' LL \\----- • IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2010 -RCCV -675 AUGUSTA, GEORGIA, Condemnor, v. 195 Square Feet of Right of Way, 282 Square Feet of Permanent Easement; 4758 Square Feet of Temporary Easement PIN: 134 -o- 004 -0o -0; INDUSTRIAL DEVELOPMENT CORPORATION OF RICHMOND COUNTY, GEORGIA; THIRD NATIONAL BANK OF NASHVILLE; Individually, Condemnees- Respondents. 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 Reel1280 , pages 1790 TO 1795 in my office. WITNESS, my hand and seal of said Court, thisllth day of NOVEMBER, 2010. Clerk of �t,, perior Court Richmo County, Georgia