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Home My WebLink AboutTERRY LEE DUFF CHARLEAN DUFF FLEET MORTAGE CORPORATION ORER GRANTING POSSESSION , !,. '. , 1.(' 8Qek 01172:2078 Au~usta - Richmond County 200~ 504/171200811 :06:14.00 $0.00 ORD 11111111111111111111111111I1111111111111 2008021505 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2008-RCCV-280 AUGUSTA, GEORGIA, Condemnor, Book 01173:2228 Augusta - Richmond County 200802252104/24/200814:11:17.00 $0.00 ORDER 1111111111111111I1111111111111111111111111111I11111111111111 2008022521 Augusta _ Richmond County v. 901.5 Square Feet of Permanent Utility Easement; 500 Square Feet of Temporary Construction Easement; PIN: 139-0-131-00-0; and TERRY LEE DUFF; CHARLEAN DUFF; FLEET MORTGAGE CORPORATION as assignee to MORTGAGE INVESTORS CORPORATION; and INTERNAL REYENUE SERVICE; Individually, Condemnees - Respondents. ORDER GRANTING POSSESSION ,. ::C' .........c'_f. r,.: .::c;." ::r;r fir C;::)(" _ \"')C 0:-:: ""-o,J !if "- -, _~ .ua ~~. ~ ::, ;.., -. ~ r:: '*' 51! Co.> c.v TO THE NAMED CONDEMNEE(S) AND TO THE PERSON IN POSSESSION OF THE PROPERTY DESCRIBED IN THE PETITION FOR CONDEMNATION AND DECLARATION OF TAKING IN THE ABOVE STATED CASE; AND TO ALL AND SINGULAR THE SHERIFFS OF THIS STATE AND COUNTY AND THEIR LAWFUL DEPUTIES: The Condemnor, Augusta, Georgia, in the above stated case having brought and filed in said Court its petition in rem to condemn the property therein described; and Having made and filed in said Court its Declaration of Taking against said described property, and having deposited with the Clerk of the Superior Court of Horsepen Sanitary Sewer Project, Phase 2 139-0-131-00-0 c 00 .b., ~ .., ,... "'1hn, ..:~ if!j ~ '''''''.c.. ~.::ic::G? .,;'~f:!! ~~'.f2~ .,":I'I!~::O 2:C')oo ::t' c;:o f~$-z' ....);1 j:;{ " Book 01173:2229 Augusta - Richmond County 2008022521 04/24/2008 14:11 :17.00 Bo 01172:2079 Augusta - Richmond County 2008021505 :06:14.00 Richmond County, Georgia, the estimated just compensation for said property in the sum of $238.00, 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 Wells Fargo Bank, NA, being shown to be the person in possession of said property, to deliver - ~~ up to Augusta, Georgia, not later than the ;...fi day of April, 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 2 139-0-131-00-0 2 " Book 01173:2230 Augusta - Richmond County .2008'022521 04/24/2008 14:11 :17.00 B~ok crnn:208Q ~sta - Richmond County 2008021505 04/17/2u08-11 :06:14.00 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 ~ da'y-of April, 2008. u Horsepen Sanitary Sewer Project, Phase 2 139-0-131-00-0 3 Book 01173:2231 Augusta - Richmond County 2008022521 04/24/2008 14:11 :17.00 Boo 72:2081 Augusta - Richmond County 200802150 11 :06:14.00 Prepared and presented by: ~~\ Daniel W. Hamilton Georgia Bar No.: 320855 Attorney for Augusta, Georgia SHEPARD, PLUNKETT, HAMILTON & BOUDREAUX, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30901 706-722-6200 Horsepen Sanitary Sewer Project, Phase 2 139-0-131-00-0 4 DA TE OF FILED SURVEY: ~ 2004 ~ I-FREDDIE 1. ANDERS7N-. // ""> I 139-0-248-00-0 I I 3108 BLACKMON COUR / (,'..... I , I <., .....) , I " I I 'I " I -JEFF SEAESON-/ 139-0-249':::00-/0 3110 BLACKMON COURT Book 01173:2232 Augusta - Richmond County 2008022521 04/24/2008 14:11 :17.00 ~t<OR\r\ ~p.,G. \ ~~ FILE HORSEPIN ESMT PLATS I', / ' I " I ' I " / ' / ') " / " / , / " / / '- A UGUSTA COMMISSION HORSEPEN PHASE 2 SEWER COLLECTION SYSTEM HORSEPEN BRANCH BASIN - PROJECT NO, 50202 Description: PROPERTY LOCATED IN THE 86th G.M.D. RICHMOND STATE OF: GEORGIA GEORGE L. GOJJMAN & ASSOCIATES GEORGIA REGISTERED LAND SURVEYOR 1977 SOUTH CAROLINA REGISTERED LAND SURVEYOR 6268 1280 MERRY STREET AUGUSTA, GEORGIA PHONE: (706) 7.38-0749 .30904 EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: WILD 10Cl010 TOTAL STA. OO'-OO'-O.3"jSTA. RADIAL TRAVERSE K, \420J02\C;v;I\FINAL EASEMENT PLATS\J656KARLEEN.dwg 6/14/2005 5,52,16 PM EDT / ~ .:.~ Cl -.::- / ~. ~d"<<-' ~/0 ~ d" t<; ~C5~ r'.. d " ~V I + & ~ ClCo f:- ..... ^)CO NOTE: THE PERMANENT EASEMENT SHALL BE CENTERED ON THE SEWER, AS SHOWN OR AS BUILT. PLAT REF.: PLATS FOR PAUL DAVlS, BY GEORGE L GOOMAN, SHOWlNG LOTS ALONG KARLEEN ROAO. AS FOLLOWS: 1. PLAT DATED: 8-2J-84 2. PLAT DATED: 9-6-84 3. PLAT DATED, 8-23-84 4. PLAT DATED: 3-11-91 5. PLAT DATED, 4-18-85 6. PLAT DATED: 4-24-92 7. PLAT DATED: 3-11-01 8. PLAT DATED: 9-5-84 9. PLAT DATED, 8-23-84 10. PLAT DATED: 8- 27-84 o , 25 50 100 , GRAPHIC SCALE Scole: 1" = 50' Dote: REV. 05-0.3-2005 ADJUSTMENT: NONE (")m!?)>:!! (b"iii'-C:- ~ -' NCC <'De. ",::J~C: <'D __ C/l -, 9,,,NQ,i::J \10 _ 00' 0 I ::r c: c.... CO ;0 (ji' "C 0 ~ -, 0 <'D::r~C'l_ ....::J..::r_ c5' C/l ~ 3 C=;' .... 0 ~ CD (")::J:..,g.. o --..Ie. c: 0(") ~ 00 c: ::J - '< IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2008-RCCV-280 AUGUSTA, GEORGIA, Condemnor, v. 901.5 Square Feet of Permanent Utility Easement; 500 Square Feet of Temporary Construction Easement; PIN: 139-0-131-00-0; and TERRY LEE DUFF; CHARLEAN DUFF; FLEET MORTGAGE CORPORATION as assignee to MORTGAGE INVESTORS CORPORATION; and INTERNAL REVENUE SERVICE; 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 1173 , pages 2228 TO 2232 III my office. WITNESS, my hand and seal of said Court, this 30th day of April 2008. lerk of Superio Richmond Cou , - - : f.:: ~:~" )''; ~,\ >& F, ~~'" ..,..,.\'b' ~,f , / ~-:{.~, / ~, r:' .-=--.'"" i 10 - . ",9" .,:. ~~ ...... , -.'/:.. . . -.. t-1':.~ ,;; J. --- ..,..~- !~4": '.~ ? """ ~ ~t..: oV4":,. i ,~)I;,... I,................~ --;"" ,~'- ---=...:. ~ ~, ~~. , "", Horsepen Sanitary Sewer Project, Phase 2 139-0-131-00-0 ",:~'- .-<~~_.' ~~....'- ... .~