HomeMy WebLinkAboutPHILLIP JOYNER BESSIE JOYNER REAL ESTATE FINANCING INC ORDER GRANTING POSSESSION
4,366 Square Feet of Permanent Utility
Easement; 2,136 Square Feet of
Temporary Construction Easement;
PIN: 140-0-717-00-0; PHILIP
JOYNER; BESSIE JOYNER; REAL
ESTATE FINANCING, INC. as assignee
of TUCKER FEDERAL SAVINGS AND
LOAN ASSOCIATION; Individually,
CONDEMNEES- RESPONDENTS.
CERTIFICATE OF
CLERK
"
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2008-RCCV-67
AUGUSTA, GEORGIA,
CONDEMNOR,
v.
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 1167 , pages
188-192 in my office.
WITNESS, my hand and seal of said Court, this ~ day of
2008.
Horsepen Sanitary Sewer Project, Phase 2
140-0- 717 -00-0
"
Book 01167:0188 Augusta - Richmond County
2008009064 03/06/2008 13:29:03.01
$0.00 ORDER
11111111111111111111111111111111111111111111111111I111111111
2008009064 Augusta _ Richmond County
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2008 RCCV 67
AUGUSTA, GEORGIA,
Condemnor,
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v.
4,366 Square Feet of Permanent
Utility Easement; 2,136 Square Feet
of Temporary Construction
Easement; PIN: 140-0-717-00-0;
PHILIP JOYNER; BESSIE JOYNER;
and REAL ESTATE FINANCING,
INC. as assignee of TUCKER
FEDERAL SAVINGS AND LOAN
ASSOCIATION; Individually,
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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 Counrj, Georgia, the estimated just compensation for said property in
Horsepen Sanitary Sewer Project, Phase 2
140-0- 71 7-00-0
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Book 01167:0189 Augusta - Richmond,County.
2008009064 03/06/2008 13:29:03.01
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the sum of $3,064.00 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:
"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 PHILIP JOYNER
AND BESSIE JOYNER, being shown to be the person in pO~1fion of said
'j-l,r r )' ti.
property, to deliver up to Augusta, Georgia, not later than the .:::l.- day of
March, 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
140-0- 717 -00-0
2
'/
. '
Book 01167:0190 Augusta - Richmond County .
2008009064 03/06/2008 13:29:03.01
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.
,LA
This S . day of March, 2008.
{)WA sW
J. rlisle Overstreet
Chief Judge, Augusta Judicial Circuit
Horsepen Sanitary Sewer Project, Phase 2
140-0- 717 -00-0
3
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Book 01167:0191 Augusta - Richmond Co~nty .
2008009064 03/06/2008 13:29:03.01
Prepared and presented by:
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Daniel W. Hamilton
Georgia Bar No.: 320855
Attorney for Condemnor
SHEPARD, PLUNKETT,
HAMILTON & BOUDREAUX, LLP
701 Greene Street, Suite 104
Augusta, Georgia 30901
706-722-6200
Horsepen Sanitary Sewer Project, Phase 2
140-0- 717-00-0
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DA TE OF FILED SURVEY:.
2005, BY OTHERS.
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_ WIL~E JAMES WILLIAMS SR.-
140-0- 718-00-0
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NOTE:
THE PERMANENT EASEMENT
SHALL BE CENTERED ON
THE SEWER, AS SHOWN OR
AS BUILT,
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Filed in this office:
Augusta - Richmond County
03/06/2008 13:29:03 01
Elaine C. Johnson .
Clerk of Superior Court
-
PLAT REF.:
R,R, 216, PG. 918-921
R.R, 237, PG. 557
R,R. 228. PG. 2088
P.C. "A". SLIDE 98, PLAT "B"
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