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HomeMy WebLinkAboutWANDA ELLISON SECURITY PACIFIC NATIONAL BANK TRUST ORDER GRANTING POSSESSION \ , ~ Book 01167:0183 Augusta - Richmond County 2008009063 03/06/2008 13:29:03.00 $0.00 ORDER 1111111111111111I11111111111111I111111111I111111111111111111 2008009063 Augusta - Richmond County ~ ...' Ii IN THE SUPERIOR COURT OF RICHMOND COUNIT STATE OF GEORGIA CIVIL ACTION FILE NO. 2008-RCCV-211 AUGUSTA, GEORGIA, Condemnor, "'-'.,')~ ;.\" p "'~'?jr:~ '~.::, "H\" ~?\ ~(~, .i....'.n ,.:::(.,.., .' ::,!;':j'~::?. .',. ."~'. c.:) '~:.'; >.5. ~!J \~~~.. ;:~~I ~ -...1....". ::... (n C) ():) v. ,?:J. Sl -::"i'. ...J S;>'; , CJ ~:.:... ()' g> c;, :B ~~: I.". ....;.:;.~ ~~~.. -;: ~~\=; i') .:; (;:) 1,275 Square Feet of Permanent Utility Easement; 854 Square Feet of Temporary Construction Easement; PIN: 128-0-085-00-0; and WANDA ELLISON; SECURIIT PACIFIC NATIONAL BANK AND TRUST as assignee of ADMINISTRATOR OF VETERAN AFFAIRS; GEORGIA POWER COMPANY; Individually, Condemnees - Respondents. ORDER GRANTING POSSESSION TO THE NAMED CONDEMNEE(S) AND TO THE PERSON IN POSSESSION OF THE PROPERIT 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 COUNIT 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 2 128-0-085-00-0 .' . , Book 01167:0184 Augusta - Richmond County 2008009063 03/06/2008 13:29:03.00 the sum of $872.00 all as provided for by the O.C.G.A. 932-3-5 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 WANDA ELLISON, being shown to be the person in possession of said property, to deliver u- up to Augusta, Georgia, not later than the ~ 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 2 128-0-085-00-0 2 . . Book 01167:0185 Augusta - Richmond County . 200800906303/06/2008 13:29:03.00 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. rl- . This '7 day of March, 2008. ~ . Ca isle Overstreet Chief Judge, Augusta Judicial Circuit ( Horsepen Sanitary Sewer Project, Phase 2 128-0-085-00-0 3 . . . Book 01167:0186 Augusta - Richmond County 2008009063 03/06/2008 13:29:03.00 Prepared and presented by: T)~ ~\ Daniel W. Hamilton Georgia Bar No.: 320855 Attorney for Condemnor I SHEPARD, PLUNKETT, HAMILTON & BOUDREAUX, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30901 706-722-6200 Horsepen Sanitary Sewer Project, Phase 2 128-0-085-00-0 4 , .t I . o o ~(1') 5<? 00') DN -gCw-j Or- ~oo .S2 0 0::0 'N C\l- t)C.D ::l0 g>CV5 <CO 1'-(1') ~C.D c::!o 1'-0') ~o ......0 000 .:.(.0 go OJN >. ..... c ::l 00 D~ -; "C('f) 0 ..COcD ~Oa;ol.... ._ E N U) 0 ~ .c: .. c ';:: o .S2 ~ .c: ~ .!:2 0:: CO S5 ::l .c: 10 .W .....C\loD_ .~ t) ~ Cl.l 0 "C::l<Dc.:.t. Cl.l Ol e.CO aJ ti:~~wl5 II............ /....... Ir....l. ....1 .........) I I I I ............. " "'" Ii , I " I 'I I In my opinion, this plat is a correct representation of the land platted and has been prepared in conformity with the minimum standards and . requirements af law. / PLAT REF.: PLATS FOR PAUL OAVlS, BY, GEORGE L GODMAN, SHO\\1NG LOTS ALONG KARLEEN . ROAD, AS FOlLOWS: 1. PLAT DAW: 8-23-84 2: PLAT DATED: 9-5-84 3. PLAT DATED: 8-23-84 4. PLAT DAW: 3-11-91 5. PLAT DATED: 4-18-85 5. 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 DAW: 8-27-84 .~ , '- ~6~\\-\ Vo""G. \ ~~. / / / / / / '- \.f .:j ~ ~ C)'Q ~do"" f;f ? Q;' ~~t$ .o~ 0 4) ... r:f Q?' R~ *-"" ~ :;; -S- ~ ~ J5 / / / ...... ~ I ~~OQ do"" ~OQ;' f(jrd~ .~~& ;::$'J Q?' / ~o "" ~qf ~ / I:;;~ / ~ ./0 ~~~...... / l<a.OJt-e.s: 4>4>; ...... '-....... / o 1'0s.....0.:... 71[> 1', 90J'.... .............. j ',,<{Cc.01<; :a>D'J>~'<<I'~p o I? .....0.5: 7' <1lJ ...... 0-10.....0 .... . .............. ...... .... FILE: HORSEPIN ESMT PLATS DATA: 3834, F.B. 2004-01 SEE: HORSEPIN SEWER EASEUENl' PIAl' 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: TRAVERSE CLOSURE: WILD 10C1010 TOTAL STA. 00'-00'-03"/STA. RADIAL TRAVERSE K: \420302\Civil\F1NAL EASEMENT PLATS\3533KARLEEN:dwg 3/21/2005 3: 00: 38 PM EST DA TE OF FILED SURVEY: 2004 r.-J {'yC) / / / ~C)Q !y I 0"" ~~~ Q;' / ~ ~ 4J ~- ? if! $?*-"" jQ~~ " CO ^j / / / o , 25 50 100 , GRAPHIC SCALE Scale: 1" = 50' Dote: 01-27-2005 ADJUSTMENT: NONE .: ~ " "\ I . IN THE SUPERIOR COURT OF RICHMOND CO UNIT STATE OF GEORGIA AUGUSTA, GEORGIA, CONDEMNOR, V. CIVIL ACTION FILE NO. 2008- RCCV -211 1,275 Square Feet of Permanent Utility Easement; 854 Square Feet of Temporary Construction Easement; PIN: 128-0-085-00-0; and WANDA ELLISON; SECURIIT PACIFIC NATIONAL BANK AND TRUST as assignee of ADMINISTRATOR OF VETERAN AFFAIRS; GEORGIA POWER COMPANY; Individually, CONDEMNEES-RESPONDENTS. CERTIFICATE OF THE 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 11 67 , pages 183-187 in my office. WITNESS, my hand and seal of said Court, this 10 day of March, 2008. 1