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HomeMy WebLinkAboutWILLIAM MARION ROGERS ELIZABETH WHTEHEAD ROGERS ETCBook 01261:0902 Augusta - Richmond County 2010025630 06/01/2010 14:46:G0.0o $0.00 ORDER 11 11 1 1 1 1111 lu l l 111111111 lul l illll illil lllll Hill llll 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 1 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 2 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. `\ ti T sA � �o 0 s /. \ ,v s % N/F MARIAN ELIZABETH \ WHITEHEAD ROGERS (TR) % REMAINING PORTION OF r �y \ TM 164 -0- 003 -05 -0 ��l T c � TRACT "A" ACRES a s � (nE) �S• `y .97' 77.45 F 177 LE -- -! N44 26'55"W RM FD. (DISTURBED) WILLIS FOREMAN ROAD 6 0' R/W No O O N� w 000 rn= 0� N' 0� 0 0 � a 0) 0 O? O� • / LACE ROAD — ,wcxE BmN FD. (DISWRBED) 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 60 0 60 SCALE IN FM i' =60' NOVEMBER 13, 2009 -Prepared By- Surve om an T g rt Georgia 30901 308 4th Street - -- -Phone (706) 722 - 4115 - -- -- Augusta, 9 Fax (706) 722 -4118 ----- www.toolesurvepng.com JO jos -S25 04 133HS W a e z �W a 0 oa W W off. g h V p J U W H� W I I I I I I / L Lo r' m m Q MOM \ 0 (n W U 0 O Z WU> sY Q n CSC W n J CL �cb W \ \ X X00 ry1 \ h h� 0 J (n o V I I '� W I"- W rn Z 0 O Q �'J W W 1 0 j zoo 0 o ��o Q 0 Q' U = Z v � � h o : 0 ' r O ti I Y m w W a I A� O V 1 d F�'I Q � U Z H Z �Ny w l i Q .r1 I+J �4 CL O O �^ 0 H U) 01 Q o W o O U � L�. 9 I I� I I � I rrC e s E / JZ �UY ZOO Q 0 W C7 g N Z U m 1 U C r I J W �o O m O C) O O O J O N ' O 0 O 3 � O � o O � H ti;. v � � h o : 0 ' r O ti I Y m w W a I A� O V 1 d F�'I Q � U Z H Z �Ny w l i Q .r1 I+J �4 CL O O �^ 0 H U) 01 Q o W o O U � L�. 9 I I� I I � I rrC e s E / JZ �UY ZOO Q 0 W C7 g N Z U m 1 U C r I J W �o O m O C) O O O J O N ' O 0 O 3 � O � o O � H ti;. W 0 V e m m � W J 2 Ci h C W M .•:� it rn W F W a 0 a e� o� = W �j V CL h� W� W O 2 I Z o O _ I �- I-r-I F--•1 U Z w O w N I L) Q w O H � J H O U O U W rr ^; ti ti OL# 133HS � v ° o C7 A W n, c + O C7 O W � C9 r m Z Ld M a U f d O g S cc o � o � Y Filed in this office: Augusta - Richmond County 06101/2010 14:46:00.00 ELAINE C. JOHNSON Clerk of Superior Court W C °d 5 n` r- c U p N a � C j C O w m 0 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