HomeMy WebLinkAboutMICHAEL BOWER $27,000.00RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS IN A
CONDEMNATION ACTION FOR MICHAEL BOWER, IN THE AGGREGATE
AMOUNT OF TWENTY -SEVEN THOUSAND DOLLARS ($27,000.00);
AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE
AMOUNT OF $27,000.00.
WHEREAS, on May 27, 2009, Condemnor, Augusta, Georgia filed a Petition for
Condemnation and Declaration of Taking in the Superior Court of Richmond County,
Civil Action No. 2oo9RCCVo0956, and paid into the registry of the Court the sum of
$13,485.0o as the estimated fair, just and adequate compensation for said taking; and
WHEREAS on June 24, 2009, Condemnee Michael Bower filed a notice of appeal
in Richmond County Superior Court and expressed his dissatisfaction with the amount
of just and adequate compensation placed into the registry of the Court; and
WHEREAS, on July 7, 2009 the Court entered an Order Granting Possession of
the subject real property to Condemnor; and
WHEREAS on December 28, 2009, Condemnee filed a Petition for Interlocutory
Hearing; and
WHEREAS, Condemnee Michael Bower, and all interested parties have agreed to
settle all claims and potential claims against Condemnor, and the consolidated
government of Augusta- Richmond County, its officers, employees, successors and
agents, and disbursements among themselves, for the total sum of $27,000.00 for any
and all claims arising out of the taking of the subject property in the condemnation
action referenced herein; and
WHEREAS, the Interim General Counsel for Condemnor considers it to be in the
best interests of Condemnor, Augusta - Richmond County, to resolve this matter and
recommends that it pay the total sum of Twenty -Seven Thousand Dollars ($27,000.00)
to Condemnee, to disburse said sum pursuant to an Order of the Court, and to settle all
claims arising out of the taking of the subject property in the condemnation action
referenced herein;
NOW, THEREFORE, BE IT RESOLVED by the Augusta - Richmond County
Commission:
Section 1: The Augusta - Richmond County Commission will settle the claims
of Michael Bower for the aggregate amount of Twenty -Seven
Thousand Dollars ($27,000.00).
Resolution — Michael Bower
D'Antignac Drainage Improvements Project
Tax Map 046 -2- 120 -01 -0
Section 2: The County Administrator is authorized to pay a total sum of
Twenty -Seven Thousand Dollars ($27,000.00) to Michael Bower
and its legal representative at the direction of the Interim General
Counsel from the account of General Ledger No-3
54- and Job Ledger No. 296823089- 54.11120. Payment shall
be in the form of a check payable to Michael Bower and his counsel.
Section 3: To the extent that any section of the AUGUSTA CODE is in conflict
herewith, that subsection is waived for this instance only.
s _f ,..
Adopted this � day of April, 2010.
David S. C penhaver
As its Mayor
Attest
Lena J. Bonner; Clerk of Commission
Seal:
Certification
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Resolution was duly adopted by the Augusta - Richmond County Commission
on April , 2010 and that such Resolution has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy
of the Resolution which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner," Clerk of Commission
Resolution — Michael Bower
D'Antignac Drainage Improvements Project
Tax Map 046 -2- 120 -0 -0
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