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Home My WebLink AboutWARR FAMILY LIMITED PARTNERSHIP LLLP ET AL III""'" .y Book 01220:0870 Augusta - Richmond County 2009026184 06/15/2009 09:03:50.00 $0.00 ORDER 11111111111111I11111111111I111111111111111111111111I11111111 2009026184 Augusta - Richmond County IN THE SUPERIOR COURT OF RICHMOND COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 2009-RCCV-814 AUGUSTA, GEORGIA, Condemnor, v. 13,687 Square Feet of Right-of-Way; 13,786 Temporary Driveway Easement; 166-0-001-00-0; WARR FAMILY LIMITED PARTNERSHIP, LLLP; ELIZABETH W. WARR; ANNA FERTIC FOUNDATION, INC. f/k/a BRONSON-FERTIC FOUNDATION, INC.; 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 AN"D 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 the sum of $1,507.00, all as provided for by the O.C.G.A. S 32-3-5 through 32-3-19; and Willis Foreman Road Bridge Project PIN: 166-0-001-00-0 .~ Book 01220:0871 Augusta - Richmond County 2009026184 06/15/2009 09:03:50.00 ' 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 Warr Family Limited Partnership, LLLP, Elizabeth W. Warr; and Anna Fertic Foundation, Inc. being shown to be the person ~ossession ~f said property, to deliver up to Augusta, Georgia, not later than the I <1-. day of ~, 2009, the full, peaceable, lawful and quiet possession of said premises ~scribed in the petition and the Declaration of Taking. 2 Willis Foreman Road Bridge Project PIN: 166-0-001-00-0 ... " , Book 01220:0872 Augusta - Richmond County 2009026184 06/15/2009 09:03:50.00 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 the a ~y of June, 2009. J6~,_. Blanchard, Jr. Judge, perior Court of Richmond County Augusta Judicial Circuit 3 Willis Foreman Road Bridge Project PIN: 166-0-001-00-0 .~ " , Book 01220:0873 Augusta - Richmond County 2009026184 06/15/2009 09:03:50.00 Prepared and presented by: ---o~~ Daniel W. Hamilton Georgia Bar No. 320855 Attorney for Condemnor Shepard, Plunkett, Hamilton, & Boudreaux, LLP 429 Walker Street, Upper Level Augusta, GA 30901 (706) 722-6200 4 Willis Foreman Road Bridge Project PIN: 166-0-001-00-0 " Book 01220:0874 Augusta - Richmond County 2009026184 06/15/2009 09:03:50.00 PROJECT NUMBER: Willis Foreman Road Bridge Project Project No. 324-04-206824001 Tax Map 166, Parcel 001 Warr Family Limited Partnership, LLLP; Elizabeth W. Warr; Anna Fertic Foundation, Inc. TRACT NUMBER: RECORD OWNER: ALL THAT TRACT OR PARCEL OF LAND, with improvements thereon, situate, lying and being in the County of Richmond, State of Georgia, containing 391.4 acres more or less ,md being known and designated as Tract liB", as shown upon a plat prepared by Bobby G. Price, R.L.S., dated December 22, 1971 and attached hereto, . _r~f~nm(;e being made to said plat for a more complete and accurate description as to metes, bounds and location of said tract. There is excluded from this conveyance however, the following described property: Tract 05, containing 6.2 Acres; Tract #6, containing 17.3 Acres; Tract #7, containing 7.8 Acres; Tract #8, containing 79.5 Acres; Tract #9, containing 47.1 Acres; Tract #10, containing 19.1 Acres; Tract #11. containing 24.3 Acres; Tract #12, containing 31.8 Acres; Tract #13. containing 11.8 Acres.. Also, the three (3) mile race course and the 100 foot right of way for a road lying adjacent to the three (3) mile race c.ourse, also the 50 foot road easement leading from Willis-Foreman Road to a cemetery along the Western property line of said tract. The property excluded from this conveyance is all shown upon a plat of the Augusta International Speedway recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 34-B, Pages 480-483, reference being made to said plat as to property excluded from this conveyance. ALL OF THOSE TWO TRACTS OR PARCELS OF LAND, situate, lying and being in the 123rd District, G.M., Richmond County, Georgia, approximately one mile above Richmond Factory Pond on the West side of Windsor Spring Road, being known and designated as Tract #3 and Tract #14 on a certain plat of Augusta International Speedway property redrawn by W. Henry Watterson, Registered Surveyor #398, dated June 1, 1967, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 34-B, pages 480-483, reference being made to said plat and the - record thereof for a more complete and particular description of the location, metes, bounds, courses and distances pertaining to said lots which are incorporated herein by reference as though fully stated herein, Tract #3 contains Three hundred ninety-one and four- tenths (391.4) acres, more or less, and Tract #14 containing fifty-six and five tenths (56.5) acres, more or less. LESS AND EXCEPTING: ALL those two tracts or parcels of land situate, lying and being in Richmond County, Georgia on the northwestern right of way of Windsor Spring Road and containing 110.31 acres and 15.23 acres, respectively, as shown on a plat for Nordahl & Company, Inc. by Southern Partners, Inc., dated March 9, 2003 and being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel -, page . Reference to said plat is hereby made for a more particular description of the metes, bounds and location of said property. is !~~ ~~~ ~ ~~~ 0 CJ. ili...", Z:::,.. d Xg~ ~h-81 ~ .~~.. ~~g ~ I~~ ~~~ ! ?ca" ~~~ fil ,.,,is :lo..l'! ~ ~~.~ D.~:r. R o..S- /:,,< - v..g::C::,.; %~~ a:: ;i~~i B~~ "6 S~O::IIQ 03= en ~ <":8~ ~~: a: ~"'l5co ~iSffi ~ ~~ffi~ if~6;::2 ;5A'a.tp ~~ m~ e u:l~~", CI1Q1... .. 50ti/' is .~tf5 ti ~gfF:8 ~~ ~d l1.d '-' l5;/l!;lD l5!g!!;l!j0~ is u.... ~~ la..5t::!=!~ ." ~~~~~,.. ~~ ~~ ~ l:l.Cl:: a:: D..l:D cen.. c:: ..; N roi ... 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'%000 ~U;$~ ~~e1;: ~15lD", ~ffi!l!\l! ~~~g . ,. .., . 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-814 AUGUSTA, GEORGIA, ) ) Condemnor, ) ) ~ ) ) 13,687 Square Feet of Right-of-Way; 13,786 ) Temporary Driveway Easement; ) 166-0-001-00-0; WARR FAMILY LIMITED ) PARTNERSHIP, LLLP; ELIZABETH W. ) WARR; ANNA FERTIC FOUNDATION, INC. ) f/k/a BRONSON-FERTIC FOUNDATION, ) 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 1220 , . pages 870-876 in my office. WITNESS, my hand and seal of said Court, this 18 day of JUNE Willis Foreman Road Bridge Project PIN: 166-0-001-00-0 . .