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Home My WebLink AboutM B R HOLDINGS OHILLIP MARK DANIEL CITY BANK TRUST COMPANY Book 01161:2015 Augusta Richmond County 200800411301/29/200814:05:44.00 $0.00 ORDER \ IUIII IIIII UIII UIII IIIII UIII UIII IIUI IIUI IIUI\III IUI 2008004113 Augusta Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2007-RCCV-1045 AUGUSTA, GEORGIA, Condemnor, v. r" 0 ;:0 ~:- (;0 c:;;,.. '- :X:~. ~ ::t;. I ..~~:t~... 0(' ..~_.. E3(-- N n ~i 1..0 0> cv -0 ~c ~;r_ ,. r:: - C1(~. .. ?>g N :;:>; -.J 228 Square Feet ,of Permanent Easement, Tax Map 59, Parcel 013-01; 1045 Square Feet of Permanent Easement, Tax Map 59, Parcel 013-03; M.B.R. HOLDINGS, L.L.C., PHILLIP MARK DANIEL, CALVIN R. DANIEL; CAPITAL CITY BANK AND TRUST COMPANY; 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 estirnated just compensation for said property in 60115 - Main Interceptor Upgrade Tax Map 059, Parcel 013-01 Tax Map 059, Parcel 013-03 1 -;tr."'" -" n r :r:,.rn ;-,:;~~ ~~'j 2 ;; ~;~~~ :.,;rni1 :;~~~ C)::i5~ -1::> ~ rTl ( Book 01161:2016 Augusta - Richmond County 200800411301/29/2008 14:05:44.00 the sum of $509.00, 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 M.B.R. Holdings, L.L.C., Phillip Mark Daniel and Calvin R. Daniel, being shown to be the person in possession of said property, to deliver up to Augusta, Georgia, not later than the {~ day of Fe..&,- y , 2008, the full, peaceable, lawful and quiet 60115 - Main Interceptor Upgrade Tax Map 059, Parcel 013-01 Tax Map 059, Parcel 013-03 2 Book 01161 :2017 Augusta - Richmond County 200800411301/29/2008 14:05:44.00 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 cornmanded to proceed forthwith to put the said Augusta, Georgia, in full, peaceful, lawful and quiet possession of said premises. This the #7~ay of ,2008. Michael N. Annis Judge, Superior Court of Richmond County Augusta Judicial Circuit 60115 - Main Interceptor Upgrade Tax Map 059, Parcel 013-01 Tax Map 059, Parcel 013-03 3 Presented by: ~..iN ~ \ Daniel W. Hamilton Attorney for Condemnor Georgia Bar No. 320855 Shepard, Plunkett, Hamilton & Boudreaux, LLP 701 Greene St., #104 Augusta, GA 30901 (706) 722-6200 Book 01161 :2018 Augusta - Richmond County 2008004113 01/29/2008 14:05:44.00 Filed in this office: Augusta - Richmond County 01/29/200814:05:44.00 Elaine C. Jolinsori Clerk of Superior Court 60115 - Main Interceptor Upgrade Tax Map 059, Parcel 013-01 Tax Map 059, Parcel 013-03 4 IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2007-RCCV-1045 AUGUSTA, GEORGIA, CONDEMNOR, v. 228 Square Feet of Permanent Easement, Tax Map 59, Parcel 013-01; 1045 Square Feet of Permanent Easement, Tax Map 59, Parcel 013-03; M.B.R. HOLDINGS, L.L.C., PHILLIP MARK DANIEL, CALVIN R. DANIEL; CAPITAL CITY BANK AND TRUST COMPANY; Individually, CONDEMNEES-RESPONDENTS. 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 III Realty Reel 1161 pages , 2015-2018 in my office. WITNESS, my hand and seal of said Court, this 04 day of -- FEBURARY 2008. 60115 - Main Interceptor Upgrade Tax Map 059, Parcel 013-01 AND Tax Map 059, Parcel 013-03 . .' AUGUSTA-RICHMOND COUNTY COMMISSION TODD BOUDREAUX County Attorney Augusta Law Department Betty Beard Corey Johnson Joe Bowles Alvin Mason Calvin Holland, Sr. Joe Jackson Jerry Brigham Jimmy Smith 1. R. Hatney Don Grantham DAVID S. COPENHAVER Mayor CHIQUITA T. JOHNSON Interim General Counsel BElTY BEARD Mayor Pro Tern ANDREW G MACKENZIE Staff Attorney February 7, 2008 Frederick L. Russell Administrator Via Hand Delivery Please Reply to: 70 I Greene Street, Suite 104 Augusta, Georgia 30901 Ms. Lena Bonner Clerk of Commission City-County Municipal Building 8th Floor Augusta, Georgia 30901 RE: Augusta. Georgia v. M.B.R. Holdings. et al. Richmond County Superior Court Case No. 2007-RCCV-1045 Dear Ms. Bonner: I enclose a certified copy of the Order Granting Possession regarding the above- referenced property. If I can be of further assistance in this matter, please do not hesitate to contact me. cc: Ms. Sandy Tyler, Augusta Utilities Dept. Enclosure Augusta Law Department 501 Greene Street. Suite 302, Augusta. Georgia 30901 (706) 842-5550 - Fax (706) 842-5556 County Attorney 701 Greene Street, Suite 104. Augusta. Georgia 30901 (706) 724-6597 - Fax (706) 722-4817