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Home My WebLink AboutTARA DAVIS ORDER GRANTING POSSESSION REGARDING CAENO 2009 rccv 1205 Book 01235:1986 Augusta - Richmond County. 200904170510/21/200909:12:19.00 $0.00 ORDER 110111111111111111111 ~I 011 IIUI 11.1 1111111I .111111 2009041705 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2009-RCCV-120S Condemnor, o t.!> ~ ~ ~ ....0 ~ .t:" '-' .., C"lr: . '" pl.' V' . S' t'> AUGUSTA, GEORGIA, v. 499 Square Feet of Temporary Utility Easement; PIN: 128-0-146-00-0; and MILTON DAVIS; TARA DAVIS; DEUTSCHE BANK NATIONAL TRUST as assignee for AMERIQUEST MORTGAGE SECURITIES, INC.; FORD MOTOR CREDIT COMPANY; GEORGIA RECEIVABLES, INC. as assignee for HOUSEHOLD BANK (SB) N.A.; and RICHMOND COUNTY TAX COMMISSIONER; Individually, 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 Horsepen Sanitary Sewer Project, Phase 2 128-0-146-00-0 Book 01235:1987 Augusta - Richmond County 2009041705 10/21/2009 09: 12:19.00 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 $12.00, all as provided for by the O.C.G.A. g 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 TARA DAVIS and MILTON DAVIS being shown to be the person in possession of said property, to Horsepen Sanitary Sewer Project, Phase 2 128-0-146-00-0 2 Book 01235:1988 Augusta - Richmond County 2009041705 10/21/200909:12:19.00 deliver up to Augusta, Georgia, not later than the ~~ I ~ay of {)c'W B ~ 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. This the '~t;t...day of October, ,2009. ~~ ~ .6~ Carl C. Brown, Jr. Judge, Superior Court of Richmond County Augusta Judicial Circuit Horsepen Sanitary Sewer Project, Phase 2 128-0-146-00-0 3 Book 01235:1989 Augusta - Richmond County 2009041705 10/21/200909:12:19.00 Prepared and Presented by: ~~ Daniel W. Hamilton Georgia Bar No.: 320855 Attorney for Condemnor Augusta, Georgia Shepard, Plunkett, Hamilton & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, Georgia 30901 706-722-6200 Horsepen Sanitary Sewer Project, Phase 2 128-0-146-'00-0 4 'In my 6pinion, this plat is a correct representation of the land platted and has been prepared in conformity with the minimum standards and requirements of law. - - - - - DA TE OF FILED SURVEY: 2004 I\.) III 00 o~ COo 0..... ~~ -"C1I ""'~ 0<0 01~ -..)> Qc3 I\.)C: -..!a. _Ill 1\.)1 0;:0 oe:;' co::T (MH-17.1) 0 ~ co~ ~ :..;. ~ 1\.)0 . . c: I -..~ CO< o \ 0 ~ 10' t;lj [J \ tN (]I:j <ONO I(]IZ \?tD~ N)>!;:C (j):;:OC::: l~^t:r.l ~S8~ i : 1008 g I :;:o!;:C + i 0-'1:1 <. . fTI \ I \ ~ I \ I --- -MILTON DAVIS- 128-0-146-00-0 3419 NANCE BLVD. ~ 7 <& :??t~ .5</.;0'7 ~ /) J' tV </.</. . J>~ ...... ~ ~1\I~0,0 O#A --........ S( l1 4J4r& ............ ~ ' ~ ...... ;~~L K. CLARK ...... 3421 0-145-00-': JR.- NANCE: BL vg SJ07/'/8i1-' . 252.88' IXWC --- S2220'J! "JY 206.54' -SLA YEN PROPERTIES II, 128-0-147-00-0 3417 NANCE BLVD. ... + o o PLAT REF.: PLATS OF THE FAIR WOODS, BY JACK D. BARKER & ASSOC., DATED: NOV. 16, 1987, FOR R.L.P. BUILDERS. EASEAlENr: PLAr FOR: FILE: HORSEPIN ESMT PLATS DATA: 3834, F.B. 2004-01 SEE: HORSEPIN SEWER 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: STATE OF: RICHMOND GEORGIA GEORGE L. GOJJMAN & 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. 00'-00'-03"jSTA. RADIAL TRAVERSE K:\420302\Civil\FINAL EASEMENT PLATS\3419NANCE.dwg 2/22/2005 2:43:56 PM EST o o + N 20' 'OF o , 25 50 GRAPHIC SCALE Scale: 1" = 50' 01-14-2005 Date: ADJUSTMENT: NONE .....)>" DC:=': -co ('I) ~c:c. ...... (J) -. 1 00 ~ Iii ;: 1 I :=: ;::OCll C:;'S .::T_ " 3 c:; '" 0 ('I) . ::l .. :pc. a o c: ::l - '< am -~' ('I) . .... I '" Z : 9, m! (j) a ' c:. , -0 c.... , ~ 0, o' J:: .... ZI a (j) : 00 g.z s- 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-1205 AUGUSTA, GEORGIA, Condemnor, v. 499 Square Feet of Temporary Utility Easement; PIN: 128-0-146-00-0; and MILTON DAVIS; TARA DAVIS; DEUTSCHE BANK NATIONAL TRUST as assignee for AMERIQUEST MORTGAGE SECURITIES, INC.; FORD MOTOR CREDIT COMPANY; GEORGIA RECEIVABLES, INC. as assignee for HOUSEHOLD BANK (SB) N.A.; and RICHMOND COUNTY TAX COMMISSIONER; 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 1235 , pages 1986 TO 1990 in my office. WITNESS, my hand and seal of said Court, this 29th day of . . . . ,2009. Clerk of Superior rt Richmond Coun , Georgia ,_ --F; :~:~-~ ~ ..~~..$ .... .:J~ ,~ ,~~. .~~. /0 ~ ,'.;;. c f$:'r~, , :lq;._ "7. ...'f"...... ~ ~ 4J?vr;; ..~~ ',~.v~... ,-..;:JI;;;~ '- ....;..',;,.,. ~ ~ '<>;f"o. ~ = . . ~. ..,$..'<> . \:-- / Horsepen Sanitary Sewer Project, Phase 2 128-0-146-00-0 "?-~..