The URL can be used to link to this page

Home My WebLink AboutORDER GRANTING POSSESSION REGARDING AUGUSTA GEORGIA V WALTON ET AL DONALD S WALTON Book 01181 :2394 Augusta: Richmond County 200802976506125/2008 15:23:23.00 . $0.00 ORDER 1111111 111111111I111111111I1111111111111111111111111111I II1I 2008029765 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2oo8-RCCV-786 AUGUSTA, GEORGIA, Condemnor, v. r-.,; c.: ~ 1,059 Square Feet of Permanent Utility Easement; 553 Square Feet of Temporary Construction Easement; PIN: 051-0-113-00-0; DONALD S. WALTON; EMC MORTGAGE CORPORATION AS ASSIGNEE OF FIRST UNION NATIONAL BANK OF GEORGIA; HOMEGOLD, INC.; GEORGIA DEPARTMENT OF REVENUE; and FIRST FAMILY FINANCIAL SERVICES; Individually, co c.. c .,d..' """''''l :-<:- co ?~ 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 Butler Creek Collector 50130 051-0-113-00-0 (-) c.- -,', c.:) ~..~; .~,.. t"" 2 Book 01181 :2395 Augusta - Richmond County 2008029765 06/25/2008 15:23:23.00 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 $585.00, 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 Donald S. Walton and Yushever Walton, being shown to be the person in possession of said Butler Creek Collector 50130 051-0-113-00-0 Book 01181 :2396 Augusta - Richmond County 2008029765 06/25/2008 15:23:23.00 5V property, to deliver up to Augusta, Georgia, not later than the j. day of &~ "" , 2008, the fuJI, peaceable, lawful and quiet 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 commanded to proceed forthwith to put the said Augusta, Georgia, in full, peaceful, lawful and quiet possession of said premises. y- This the i!{ day of June, 2008. ~~~6L- Judge, Superior Court of Richmond County Augusta Judicial Circuit Butler Creek Collector 50130 051-0-113-00-0 3 Book 01181 :2397 Augusta - Richmond County 2008029765 06/25/2008 15:23:23.00 Presented by: 17~ ~~ 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 Butler Creek Collector 50130 051-0-113-00-0 4 >- - c: ~ 00 ~C! '5 eM 0 C:Nc:() 0c.;0'- ~~ ~.g c.:> 1.0 J:: Q) -..... 0 c. l:::CO"~ 10 .(f.) CllOO~ !i5 ~ Q) 0 ~I.O c:~ Cl N-. .;;; Q) ~ w :(~jjjC3 ..'::- Book 01181 :2398 Augusta - Richmond County 2008029765 06/25/2008 15:23:23.00 eXIST. 5' n::v,POR^RV CONS'THlICnON /,/ E!...S[ME."n ,/ / . L ,....... - -' - - .. --~ -------- III . ....... t - COMPILED EASEMENT MAP FOR - AUGUSTA-RICHMOND COUNTY COMMISSION SHOIIINC PRCJII3ERTY iOCA lED IN SJ()fh fAAl.D.. IN AIlt:tJSTi4., ~A.. RICHMOND COUNTY, GEORGIA ~ 0 V-.~ SCALE D! l' - #J' 40 I NOVEUBER 20, 2007 n:r:T '""""""" a,... BOLTON STREET 60' R/W R./W PROPERllES INFORIoAA TlON: TAX IIAP PA.'IaL O/INER: 51 115 J:)HN IIiE"Y 51 11.1 DONALD S WALTON 5/ 129..1 HAROIN(;. W. 1IfWAN. oR 51 1.10 1IIt.LJE 8IIIiNE77r r.c.€. TO I1C AcotJIfIIEIJ 125 . ft. 0. OW At:fiES .5$$ Sl:?n. . .0.01 ACRES 1962 .so. FT.. 0.05 ACRES 927.so. FT. 0.02 ACRES I~ T-.x.lW' S1 PNlCEl.113 TAX 11."" 51 PARCEL 115 1E1tIPOffAHY CONSmlJCTTa{ EASENDlT - .8 . .. I . t TAX WAI' 51 PNlCEl.121.3 TAX Ill"" 51 PARCEl. 130 ) I SCOTT STREET 60' R/W . ....41" E R/W- 100 ft. 0.002 ACRES 1059 . fl. 0.02 ACRES 2.012 so. .. o.ACRn" orsa.. A . ~ SAN. .ae7 cASElJO{T I N ~ ... I- UJ !l:! if) WITNESS~ my hand and seal of said Court, this23rd day of . 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. 2008-RCCV-786 AUGUSTA, GEORGIA, Condemnor, V. CERTIFICATE OF CLERK 1,059 Square Feet of Permanent Utility Easement; 553 Square Feet of Temporary Construction Easement; PIN: 051-0-113-00-0; and DONALD S. WALTON; EMC MORTGAGE CORPORATION AS ASSIGNEE OF FIRST UNION NATIONAL BANK OF GEORGIA; HOMEGOLD, INC.; GEORGIA DEPARTMENT OF REVENUE; and FIRST FAMILY FINANCIAL SERVICES; 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 Reel 1181 , pages 2394 TO 2398 in my office. June 2008. Clerk of Superior ct, Richmond County, Georgia 1 Butler Creek Collector Project 50130 051-0-113-00-0