HomeMy WebLinkAboutRAYMOND BRIGHAM ET AL ORDER GRANTING POSSESSION CERTIFICATE OF CLERK
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IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2008-RCCV-S31
Book 01174:0656 Augusta - Richmond County
2008022905 04128/200815:43:22.00
$0.00 ORDER
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2008022905 Augusta - Richmond County
AUGUSTA, GEORGIA,
Condemnor,
v.
2,393 Square Feet of Permanent Utility
Easement; 1,940 Square Feet of
Temporary Construction Easement;
PIN: -140-0-293-00-0; RAYMOND D.
BRIGHAM; and CITIMORTGAGE, INC.
SUCCESSOR IN INTEREST BY
MERGER TO ABN AMRO MORTGAGE
GROUP, INC.; Individually,
Condemnees - Respondents.
ORDER GRANTING POSSESSION
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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
140-0-293-00-0
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Book 01174:0657 Augusta - Richmond County
2008022905 04/28/2008 15:43:22.00
the sum of $1,917.00, 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 pr.ovided 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 Raymond D.
Brigham being shown to be the person in possession of said property, to deliver
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up to Augusta, Georgia, not later than the ~ day of ~' 2008, the
Horsepen Sanitary Sewer Project, Phase 2
140-0-293-00-0
2
Book 01174:0658 Augusta - Richmond County
2008022905 04/28/2008 15:43:22.00
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.
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This the ~~ Gay of April, 2008.
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Duncan D. Wheale
Judge, Superior Court of Richmond County
Augusta Judicial Circuit
Horsepen Sanitary Sewer Project, Phase 2
140-0-293-00-0
3
BO~k 011-74:0659 Augusta - Richmond County
2008022905 04/28/2008 15:43:22.00
Presented by:
~~\
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
140-0-293-00-0
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PLAT REF.:
R.R. 216. PG. 918-921
R.R. 237. PG. 557
R.R. 228. PG. 2088
EASEMENT PLAT
FOR:
AUGUSTA COMMISSION
HORSEPEN PHASE 2 SEWER COLLECTION SYSTEM .
HORSEPEN BRANCH BASIN - PROJECT NO. 50202
Description:
PROPERTY LOCATED IN THE 86th G.M.D.
COUNTY OF:
RICHMOND
STATE OF:
GEORGIA
GEORGE L. GOIJMAN & ASSOCIATES
GEORGIA REGISTERED LAND SURVEYOR 1977
SOUTH CAROLINA REGISTERED LAND SURVEYOR 6268
1280 MERRY STREET
AUGUSTA, GEORGIA. PHONE: (706) 738-0749 30904
EQUIPMENT USED: ANGULAR CLOSURE: TRA VERSE CLOSURE:
WILD 10C1010 TOTAL STA. . OO'-00'-03"/STA. RADIAL TRAVERSE
K: \420302\Civil\FINAL EASEMENT PLA TS\2811 PEPPERDINLdwg 6/18/2005 9: 33: 16 AM EDT
DATE OF FILED SURVEY:
2005, BY OTHERS
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GRAPHIC SCALE
Scale: 1" = 50'
Date: 06-16-2005
ADJUSTMENT: NONE
. .
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2008-RCCV-531
AUGUSTA, GEORGIA,
Condemnor,
v.
2,393 Square Feet of Permanent Utility
Easement; 1,940 Square Feet of
Temporary Construction Easement;
PIN: 140-0-293-00-0; RAYMOND D.
BRIGHAM; and CITIMORTGAGE, INC.
SUCCESSOR IN INTEREST BY
MERGER TO ABN AMRO MORTGAGE
GROUP, INC.; Individually,
Condemnees - Respondents.
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 117 4 , pages 656 TO 660
in my office.
WITNESS, my hand and seal of said Court, this 5~ day of
May 2008.
~, c. ~0Ctv'-
Clerk of Sup ior Court,
Richmond County, Georgia
.. Horsepen Sanitary Sewer Project, Phase 2
140-0-293-00-0