The URL can be used to link to this page

Home My WebLink AboutORDER GRANTING POSSESSION REGARDING AUGUSTA GEORGIA V THE BANK OF NEW YORK TRUST COMPANY ET AL Book 01183:0725 Augusta - Richmond County 2008030890 07/071200814:03:03.00 $0.00 ORDER' . 1IIIIm 111111111I111111111I111111111I11111111111111I 1111111 2008030890 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA ~T.. CIVIL ACTION FILE NO. 2008-RCCV- 987 t AUGUSTA, GEORGIA, Condemnor, v. 2,372 Square Feet of Permanent Utility Easement; 992 Square Feet of Temporary Construction Easement; . PIN: 128-0-059-00-0; THE BANK OF NEW YORK TRUST COMPANY; GEORGIA DEPARTMENT OF REVENUE; AMERICAN GENERAL FINANCE, INC. and LVNV FUNDING, LLC; Individually, Condemnees-Respondents. ORDER GRANTING POSSESSION K ~~' , i (" f'" ::c~ n;; Sir ot.., Z', Or' (") :.~.c gt -0 :l: c :% -i;:::: :< ~~ -- Pi .. f>S':i w ::x u:> 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 Horsepen Sanitary Sewer Project, Phase 2 128-0-059-00-0 1 o n ex> )>>::;; c- ...,:z::x:! C :::::o='" r- ;,1"\ (.. 0 c, c:: .." I ..,...<(.1) --s ('''~ Me; ~;~g '~~;no g;2?J o;:Q~ -<~ m Book 01183:0726 Augusta - Richmond County , 200803089007/07/2008 14:03:03.00 the sum of $1,272.00 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 the Bank of New York Trust Company, being shown to be the person in possession of said - J:1-.- propertY, to deliver up to Augusta, Georgia, not later than the / ~ day of , 2008, the full, peaceable, lawful and quiet possession of said premIses described in the petition and the Declaration of Taking. Horsepen Sanitary Sewer Project, Phase 2 128-0-059-00-0 2 . Book 01183:0727 Augusta - Richmond County 200803089007/07/2008 14:03:03.00 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. ~ T~_SD ~JUne,2008 ~~\~ ~l'l_l r. Brs",.:fl., .lP:- ~~ Judge, Superior Court of Richmond County Augusta Judicial Circuit Horsepen Sanitary Sewer Project, Phase 2 128-0-059-00-0 3 Book 01183:0728 Augusta - Richmond County 200803089007/07/2008 14:03:03.00 Presented by: l:>~ ~ 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 Horsepen Sanitary Sewer Project, Phase 2 128-0-059-00-0 4 "- Q[I~~~ ~ ~. 0(0 ~ ;>0; 16 :::::! ~ _. o I\)-:::::l -noO)_ C/)' 0' ~ e c... 00 ;:0 iii' '0 O. ..... -. 0 co~.,..C"l_ ..,:::::l..~_ 0'(/)0 03 n' .., WoCO ('):::::l0:::::l" o WO- e 0(') ;:::l. 00 e :::::l - '< Book 01183:0729 Augusta - Richmond C<?urty 200803089007/07/2008 14:03:03.00 -DUANE D. LEWIS- 140-0-265-00-0 2711 FAIROAK COURT --- .- .- --- ,....-\ ~~ \ '\- r....\ \ \ \ \ \ ) \ \......-\ \ \ \ _....~ ~ \-,,--....;.. ...- ~_....---\ ...- \ --\ \ \ \ \ \ \ \ \ \ \ \ ,) \.~-~-:::.---- .- DATE OF FILED SURVEY: 2005 .- llol'-i\\ \"~ ~~ --- -LEWIS H. COOK JR.- 139-0-126-00-0 2709 FAIROAK COURT ----- .- NO'lE: THE PERMANENT EASEMENT SHALL BE CEN'lERED ON THE SEWER, AS SHOWN OR AS BUILT. lOa ...:)I-q; &Joo :<:;,0:: ~&o ""oU ,U ~O~ ~d,f2 cv 1-0 'O~ ,_. I 0 iZgo:: C!J/O ~"'U ""ou f27'~ ~7'f2 ~fCfr:) I-:g cv EASE.JfEJiTT PlAT I FOR: Description: COUNTY OF: -ROBERT L. OUYER JR.- 139-0-127-00-0 2707 FAIROAK COURT PLA T REF., R.R. 216, PG. 918-921 --- -~\ r---- \...."1 " -~.... \ \ \ \ ........1 \ \ \ \ \,.-... ..I -SANDRA R, FOlVLER- \__-~~ 139-0-128-00-0 2705 FAIROAK COURT __ .- --- ~--_....- ) \ \ \ -JOHNNY L, GR'ANT- 139-0-129-00~0 __ 2703 FAIROAK cobRT \- --- -JOEL GRICE- 128-0-058-00-0 2702 CORK WOOD COURT /-------------, I I I I I___j ; L__ __/-----' C MH-37.3 ) I, I , I " I , 1 " 1 , I , -STEINER 'lQGGINS JR.- ') 128-0-06~00-0 / 3722 CREST bRiYE " ',I AUCUSTA COMMISSION BORSEPEN PHASE Z SEW'ER COUECTION SYSTEM HORSEPEN BRANCH BASIN - PROIECT NO. 50Z0Z ," = 50' 05- 03- 2005 Sccie: o 25 50 100 Dote: GRAPHIC SCALE riLE HORSEPEN-6-07-05 SEE HORSEPFN SFWFR PROPERTY LOCATED IN THE 85th G.M.D. RICHMOND STArr OF: GEORGIA GEORGE 1. GOlJMAN 6: ASSOCIATES GEORGI~. REGIS'lERED LAI~D SURVEYOR SOUTH CAROLINA REGISTERED LAND SURVEYOR 1280 MERRY STREET AUGUSTA, GEORGI~. PHOI,E: (705) 735-D749 EDUIPMEiH USED: ~~,Gt;,L_~R ^S~~~~~E: ! TRAVER~F;. C~_SY!-E: WI: r'I """',n,,", .,.......~..t t"'".... 1977 5258 30904 I Ppvic.i,..,n.... Return to: Daniel W. Hamilton 701 Greene St., #104 Augusta, GA 30901 IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 20078-RCCV-987 AUGUSTA, GEORGIA, CONDEMNOR, CERTIFICATE OF CLERK v. 2,372 Square Feet of Permanent Utility Easement; 992 Square Feet of Temporary Construction Easement; PIN: 128-0-059- 00-0; THE BANK OF NEW YORK TRUST COMPANY; GEORGIA DEPARTMENT OF REVENUE; AMERICAN GENERAL FINANCE, INC. and LVNV FUNDING, LLC; Individually, CONDEMNEES. 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 1183 , pages 725 TO 729 in my office. -WITNESS, my hand and seal of said Court, this 11 th day of July 2008.