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Home My WebLink AboutORDER GRANTING POSSESSION REGARDING MICHAEL BOWER ET AL Book 01223: 1137 Augusta - Richmond County 2009028983 07/07/2009 15:17:11.00 $0.00 ORDER 11111111111111111111111111111111111111111111111111111111111I 2009028983 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA AUGUSTA, GEORGIA, Condemnor, Civil Action File No. 2009RCCV956 v. 4,313 Sq Ft of Temporary Easement; 3,718 Sq Ft of Permanent Easement; Tax Map 046-2, Parcel 120-01; MICHAEL BOWER; SUNTRUST BANK; and GEORGIA DEPT. OF REVENUE; Individually, .' C., r- . \ : ~ o i ~g:~ · ~ ~~:::~s - ~:~'p~ -o."\r'1c; ~ c_~~.~ .. --1~" o :_-i :..;'~- ~. CONSENT ORDER GRANTING POSSESSION ~. C C:':.. ....,' ..~~ (,~.:.U) ::, ~~~ :~~ .-, (.~J"'- ,_ :11 -:-' -~~ - CondemneesjRespondents. (If) 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 $13,485.00, all as provided for by the O.C.G.A. 9 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: D'Antignac Drainage Improvements Project Tax Map 046-2-120-01-0 1 Book 01223:1138 Augusta-Richmond County 2009028983 07/07/2009 15:17:11.00 "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 Michael Bower having consented to Condemnor's claim for immediate possession, without prejudice to any other rights of Michael Bower; and such hearing having been had before me on this date, IT IS CONSIDERED, ORDERED AND ADJUDGED that Michael Bower being shown to be the person in possession of said property, to deliver up to Augusta, Georgia, not later than th.lO:lJ.day Of~' 2009, the full, 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. Thi~~ay of July, 2009. Sheryl Jolly Judge, Superior Court of Richrn Augusta Judicial Circuit D'Antignac Drainage Improvements Project Tax Map 046-2-120-01-0 2 ( Consented to: Book 01223:1139 Augusta-Richmond County 2009028983 07/07/2009 15: 17: 11. 00 ~1\1J Daniel W. Hamilton Georgia Bar No. 320855 Attorney for Condemnor l0\ ~. Troy A. Lanier Georgia State Bar N0-437775 Attorney for Condemnee Bower Shepard, Plunkett, Hamilton, & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, GA 30901 (706) 722-6200 Tucker, Everitt, Long, Brewton & Lanier 453 Greene Street Augusta, GA 30901 (706) 724-7006 D'Antignac Drainage Improvements Project Tax Map 046-2-120-01-0 3 Prepared a.nd fresented by: ~~\ Daniel W. Hamilton Georgia Bar No. 320855 Attorney for Condemnor Book 01223: 1140 Augusta-Richmond ~~~n;;-- 2009028983 07/07/2009 15: 17: 11.00 Shepard, Plunkett, Hamilton, & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, GA 30901 (706) 722-6200 D'Antignac Drainage Improvements Project Tax Map 046-2-120-01-0 4 Book 01223: 1141 Augusta-Richmond County 2009028983 07/07/2009 15: 17: 11 .00 Exhibit A All that lot, plot, or parcel ofland designated as Tract "B," adjacent to 1225 Walton Way, on a plat dated December 23, 1998, prepared by Harbin & Associates, and recorded in the office of the Clerk of Superior Court of Richmond County, in Reel 624, Page 2119. Reference being made to said plat for a more particular description to the metes, bounds and location of said property. Tax Map 046-2-120-01-0 . " Book 01223: 1142 Augusta-Richmond County 200902898307/07/2009 15:17:11.00 \'; . ; i, , 1 \ ~ \ -II ~ iSl. \ . . . ' ~ . li~ 'ii \'. . ~~~. . ~ ~~ . .. \ ; . , . . ~ - . I' ..... ".~: . . i~ .- . ~. '~i .~. .1 i". .. 'h. '. '., ~ Filed in this office: . ._' . I~." Augusta-Richmond County :. . il1.. 07/07/200915:17:11.00 . . ELAINE C~ JOHNSON Clerk of Superior Court .. ..' . ~h !il.. fi~I' .ii " ..11 , . "":Ii!, :. J! . ~. . i (s:mrv A Mf'iI) ',IS x:>IIDla;! '. . -~v:~ - ~krr~ ., . ~s, I . . ~ . : .~ ';'0 "X e~ ~~ i , .. ~~ili .~ ~ ~;~ ~ . t~ ~ ;1 . ~ ~ ';i~ ~ ~.~ i !un.." .., ~ esu Q) .~ ~~ ~'~l '~Ol' .;i~: . ~ ,a'-~ :!liJ E-C ~10 e < =: I ~Ba;:',. . r7J' ~N2 ~ ~'I ~E . . , 1-\' ~L: b ~ !:l - it ~. ~...-t') P"2 o 0 o~~ R ~ :z: ...... m ~~~ ~ ~ d <1 . . ~ ~I-'< g e. < .15'0 Ul " ~ i~' i~ . i' i.1 ~~':., . ~ ~~"a~ .!'. if - . . ~ . ".. ~'..' :~'.'.' ~ i i. ~., . ...., '. :~ '~.I.I ~'J~-: ~ . . '.111 . . . .j, . .,' '1 i .' goo.. . '.' : ii': ~ . ',' '. :!;I'.' b~;" r' , . :~;= ~~~.8 ~ . ..~ .~W1'! III tl. . ~~lii i:~~ g ~ . !~I ~9~''"11!l. i~.' g~~ ..ll!ji' . c~ . ~% ~~i ~ll., ul'@~ ~!IB~' ~~ lliil ~~~.~. -'i~ il~l'" !lllil~ ~! ilii < "e!5~ ~' '" 1flllUl IlIl:o:h l2d' I~~ ~1~:ltl~ m~! . ~~~~ i! :1~~~;:jit ",:1:0: Return to:,: Daniel W. Hamilton - , 429 Walker Street, Upper Level Augusta, Georgia 30901 IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2009-RCCV-956 AUGUSTA, GEORGIA, Condemnor, v. 4,313 Sq Ft of Temporary Easement; 3,718 Sq Ft of Permanent Easement; Tax Map 046-2, Parcel 120-01; MICHAEL BOWER; SUNTRUST BANK; and GEORGIA DEPT. OF REVENUE; Individually, CondemneesjRespondents. 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 1223 , pages 1137 TO 1142 in my office. WITNESS, my hand and seal of said Court, this 13th day of .Tu1y 2009. , '~-'~-~!~'" ."" ,~ ""'-'If '. .~~YL:'> /~ ~~.' , ~ '~-'l.30 ....~ :~ ... ..!~: ;Of'.. ~ ~ ~ ~ -~~ ",1~-r-. . "~'J'("'" " ,-~'.::/r .r ~ ~ -<- ~ D'Antignac Drainage Improvements Project Tax Map 046-2-120-01-0 =- ~:, s.~ ' ~.:>\,.~ - ~:.' ~ . ,