HomeMy WebLinkAboutWILLIAM MARION ROGERS ELIZABETH WHTEHEAD ROGERS ETCBook 01261:0902 Augusta - Richmond County
2010025630 06/01/2010 14:46:G0.0o
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2010025630 Augusta - Richmond County
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2010- RCCV -o0291
AUGUSTA, GEORGIA,
Condemnor,
V.
17,424 Square Feet Fee Simple; 1,550
Square Feet of Permanent Easement;
1,550 Square Feet of Temporary
Utility Easement; PIN: 164- 0 -003-
05-0; 5,987 Square Feet of
Permanent Easement; PIN: 164 -0-
003-04-0; WILLIAM MARION
ROGERS as Successor Trustee of
MARIAN ELIZABETH
WHITEHEAD ROGERS LIVING
TRUST; WILLIAM MARION
ROGERS; WILLIAM MARION
ROGERS, JR.; SUSAN LENORE
ROGERS PEEBLES; JAMES
ALEXANDER ROGERS; and
JESSICA ANN ROGERS;
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:
ICUo68 — Fort Gordon Gate 4 Water Main
164 -0- 003 -05 -o and 164 -0- 003 -04 -0
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Book 0 1261:0903 Augusta - Richmond County'
2010025630 06/0112010 14-46:00.00
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 $5,550.00, all as provided for by the O.C.G.A. § 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 6o 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
ICUo68 — Fort Gordon Gate 4 Water Main
164 -0- 003 -05 -o and 164 -0- 003 -04 -0
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Book 01261:0904 Augusta - Richmond County
2010025630 06/01/2010 14 :46:00.00
possession should not be granted; and such hearing having been had before me
on this date,
IT IS CONSIDERED, ORDERED AND ADJUDGED that William Marion
Rogers As Successor Trustee of Marian Elizabeth Whitehead Rogers Living Trust,
William Marion Rogers, William Marion Rogers, Jr., Susan Lenore Rogers
Peebles, James Alexander Rogers, and Jessica Ann Rogers being shown to be the
person in possession of said property, to deliver up to Augusta, Georgia, not later
than the I Y 6 day of _ u 2010, 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 a 5i6- day of May, 2010.
�4" � /' z' � V- ///
Sheryl e Jolly
Judge, Superior Court of Richmond County
Augusta Judicial Circuit
ICUo68 - Fort Gordon Gate 4 Water Main
164 -0- 003 -05 -o and 164-
3
Book 01261:0905 Augusta - Richmond County
2010025630 06/01/2010 14:46:00.00
Prepared and Presented by:
Daniel W. Hamilton
Georgia Bar No.: 320855
Counsel for Condemnor
Augusta, Georgia
Shepard, Plunkett,
Hamilton & Boudreaux, LLP
429 Walker Street, Upper Level
Augusta, Georgia 30901
7o6 -722 -6200
ICUo68 — Fort Gordon Gate 4 Water Main
164 -0- 003 -05 -o and 164 -0- 003 -04 -0
4
Book 01261:0906 Augusta - Richmond County
2010025630 06/01/2010 14 :46:00.00
DESCRIPTION
Exhibit "A"
ALL that piece, parcel or lot of land, with any improvements thereon, situate,
lying and being, in the 1434th D.G.M., Richmond County, Georgia, as shown on a
plat made for Lillie Mae Whitehead Estate by Daniel N. Crumpton, Registered
Land Surveyor, on September 12, 1970, and being known and designated on said
plat as Parcel "E," 5.945 acres, and which plat is recorded in the Office of the
Clerk, Superior Court, Richmond County Georgia, in Realty Book 38 -F, Page 848,
to which plat reference is hereby made for a more complete and accurate
description as to the metes, bounds, distances, courses and location of said parcel
or tract. Said Parcel "E" is bounded as follows: On the North and East by lands,
now or formerly, of Mrs. J.G. Goodin; on the South by the Willis Foreman Road;
and on the West by Parcel "D" of said plat.
PIN: 164 -0- 003 -05 -0
ALL that piece, parcel or lot of land, with any improvements thereon, situate,
lying and being, in the 14341h D.G.M., Richmond County, Georgia, as shown on a
plat made for Lillie Mae Whitehead Estate by Daniel N. Crumpton, Registered
Land Surveyor, on September 12, 1970, and being known and designated on said
plat as Parcel "D," 5.946 acres, and which plat is recorded in the Office of the
Clerk, Superior Court, Richmond County Georgia, in Realty Book 38 -F, Page 848,
to which plat reference is hereby made for a more complete and accurate
description as to the metes, bounds, distances, courses and location of said parcel
or tract. Said Parcel "D" is bounded as follows: On the North and East by land
now or formerly, of Mrs. J.G. Goodin; on the East by Parcel E of said plat; on the
South by the Willis Foreman Road; and on the West by Parcel "C" of said plat.
PIN: 164 -0- 003 -04 -0
ICUo68 — Fort Gordon Gate 4 Water Main
164 -0- 003 -05 -o and 164 -0- 003 -04 -0
5
Book 01261:0907 Augusta - Richmond County
2010025630 06/01/2010 14 :46:00.00
Tract to be cut out of parcel 164 -0- 003 -05 -0
FEE SIMPLE TRACT All that parcel, or tract, of land, together with all improvements
thereon, being in Augusta (Richmond County) Georgia, and described as:
Starting at an angle iron marker found on the Northeastern right of way of Willis
Foreman Road and traveling in a Southeasterly direction 77.45 feet to the Point of
Beginning; then turning and traveling N06'1 9,'35"E for a distance of 79.98 feet to a point;
thence turning and traveling S74 °30'52 "E for a distance of 141.54 feet to a point; thence
turning S06 °57'20 "W for a distance of 170 feet to an angle iron found; and thence
turning N44 °2655 "W for a distance of 177.97 feet, back to the Point of Beginning. Said
parcel is the same as that shown on a plat by Toole Surveying Company, Inc., dated
November 13, 2009, attached hereto and made a part hereof, to which reference is
made for a more accurate and complete description of the metes, bounds and courses.
Said parcel is a portion of a tract of land transferred to Marian Elizabeth Whitehead
Rogers, or her successor, as Trustee of the Marian Elizabeth Whitehead Rogers Living
Trust, from Marian Elizabeth Whitehead Rogers, by Quit -Claim Deed dated July 5,
2001, and recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, in Realty Reel 738, Pages 962 -964.
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TECIiNTCAL DA _—
DATE OF SURVEY — FEB, 2009
NOTE EQUIPMENT USED — DTM 530
ALL CORNERS 14 REBAR SET ANGULAR ERROR — 1' /ANGLE
UNLESS OTHERWISE SHOWN. PRECISION — 1 IN 42,626
LEAST SQUARE ADJUSTMENT
PLAT CLOSURE: 1 IN 82,635 (TRACT 'A')
SUBDIVISION PLAT FOR
AUG M RICHMOND COUNTLY POMMISSI.ON
SHOWWG PROPERTY KNOWN AS 2921 wLLIS FOREMAN RD.
RICHMOND COUNTY, GEORGIA
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NOVEMBER 13, 2009
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308 4th Street - -- -Phone (706) 722 - 4115 - -- -- Augusta, 9
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Filed in this office:
Augusta - Richmond County
06101/2010 14:46:00.00
ELAINE C. JOHNSON
Clerk of Superior Court
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Book 01261:0910 Augusta - Richmond County
2010025630 06/01/2010 14 :46:00.00
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
AUGUSTA, GEORGIA,
Condemnor,
V.
17,424 Square Feet Fee Simple; 1,550
Square Feet of Permanent Easement;
1,550 Square Feet of Temporary
Utility Easement; PIN: 164- 0 -003-
05-0; 5,987 Square Feet of
Permanent Easement; PIN: 164 -0-
003-04-0; WILLIAM MARION
ROGERS as Successor Trustee of
MARIAN ELIZABETH
WHITEHEAD ROGERS LIVING
TURST; WILLIAM MARION
ROGERS; WILLIAM MARION
ROGERS, JR.; SUSAN LENORE
ROGERS PEEBLES; JAMES
ALEXANDER ROGERS; and
JESSICA ANN ROGERS;
Individually,
CIVIL ACTION NO.201oRCCV291
CERTIFICATE OF CLERK
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 1261 , pages 902 TO 910
office.
in my
ICUo68 — Fort Gordon Gate 4 Water Main
164 -0- 003 -05 -o and 164 -0- 003 -04 -0
WITNESS, my hand and seal of said Court, this 7 th day of June, 2010.
Clerk of Si;peripoourt,
Richmond Cotdifty, Georgia
10156 Gordon Highway 16" Water Main
078- o- o03 -oo -o and 078 -0- 003 -02 -02