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HomeMy WebLinkAboutJAMES JACKSON CARSWELL CHERLY ARSWELL WELLS FARGO ORDER GRANTING POSSESSIONBook 01256:2079 Augusta - Richmond County 2010020806 04/26 /2010 09:14:51.01 $0.00 ORDER II yy 2010020806 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2010- RCCV -208 AUGUSTA, GEORGIA, Condemnor, V. 765 Square Feet of Permanent Easement; 816 Square Feet of Temporary Utility Easement; PIN: 078 -0- 003 -00 -0; 1,576 Square Feet of Permanent Easement; 945 Square Feet of Temporary Utility Easement; PIN: 078 -0- 003 -02 -0; and JAMES JACKSON CARSWELL; CHERYL CARSWELL; WELLS FARGO f /k /a WACHOVIA f /k /a SOUTHTRUST BANK; FIRST BANK OF GEORGIA; and RICHMOND COUNTY TAX COMMISSIONER; 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 10156 Gordon Highway 16" Water Main 078 -0- 003 -00 -o and 078 -0- 003 -02 -00 1 -a r W 1., Y ..7 \:...- 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 10156 Gordon Highway 16" Water Main 078 -0- 003 -00 -o and 078 -0- 003 -02 -00 1 Book 01256:2080 Augusta - Richmond County 2010020806 04/26/2010 09:14 :51.01 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 $607.00, all as provided for by the O.C.G.A. § 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 6o 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 James Jackson Carswell and Cheryl Carswell being shown to be the person in possession of said Gordon Highway 24 Inch Water Main 078 -0- 003 -oo -o and 078 -0- 003 -02 -00 2 Book 01256:2081 Augusta - Richmond County 2010020806 04/26/2010 09:14:51.01 property, to deliver up to Augusta, Georgia, not later than the /,o r day of 2010, the full, peaceable, lawful and quiet possession of said premis s 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. This A t rtLAday of April, 2010. L "L 0 - ZA-AOAA Carl C. Brown, Jr. Judge, Superior Court of Richm d ounty Augusta Judicial Circuit Gordon Highway 24 Inch Water Main 078 -0- 003 -oo -o and 078 -0- 003 -02 -00 3 Book 01256:2082 Augusta - Richmond County 2010020806 04/26/2010 09 :14:51.01 Prepared and Presented by: — T - - ) 4e� t�4 Daniel W. Hamilton Georgia Bar No.: 320855 Attorney for Condemnor Augusta, Georgia Shepard, Plunkett, Hamilton & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, Georgia 30901 7o6 -722 -6200 Gordon Highway 24 Inch Water Main 078 -0- 003 -oo -o and 078 -0- 003 -02 -00 4 � U+ § a § z ■ § | y ■../ $ \ U1 �9 $ 0- M p - « ¥� � G co t- q � @ & p � m « � ¥ q A 0 A m - o « � ^ \� @ |e in this office: Augusta - Rich mon County 04/26/2010 O§j *5 $1 ELAINE C. JOHNSON DDR of Superior Court B z 2 2 «§ �' �nV) , )§df '. . . . 2 ° 2 §8| °!© ■g e3 `ON 0 § z § § 0 \5§ 0 @k k §.\ §\ <1 - d � % k / §_ i 0 | 0 @ | | ® m ® A §�\ 0 U _', 00 0 w O> % r4 § £ « 2 2 = . \ in £ § § O � 2 --L n O= \ 00 � § . �_ a �0 � -J,� . � \L� O @ |e in this office: Augusta - Rich mon County 04/26/2010 O§j *5 $1 ELAINE C. JOHNSON DDR of Superior Court IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2010- RCCV -208 AUGUSTA, GEORGIA, Condemnor, V. 765 Square Feet of Permanent Easement; 816 Square Feet of Temporary Utility Easement; PIN: 078 -0- 003 -00 -0; 1,576 Square Feet of Permanent Easement; 945 Square Feet of Temporary Utility Easement; PIN: 078- o- o03 -02 -0; and JAMES JACKSON CARSWELL; CHERYL CARSWELL; WELLS FARGO f /k /a WACHOVIA f /k /a SOUTHTRUST BANK; FIRST BANK OF GEORGIA; and RICHMOND COUNTY TAX COMMISSIONER; 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 1256 2079 TO 2083 in my office. WITNESS, my hand and seal of said Court, this 29th April 2010. pages day of Jerk of Superior C94t, Richmond Coun eorgia