HomeMy WebLinkAboutORDER GRANTING POSSESSION REF TO KEISHA B MARTIN Book 01284:1294 Augusta - Richmond County
2010048640 12/06 /201016:37:0? 00
$0. 00 ORDER
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2010048640 Augusta - Richmond County ,, i1 #R i
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA -;' .; r,,
CIVIL ACTION FILE NO. 2010 - RCCV -803
Jf; f . CLLId P'1
f .C1 ,A,1 COUNTY, GA.
AUGUSTA, GEORGIA,
Condemnor,
v.
42,12o Square Feet Right -of -Way;
051 -o- 052 -0o -0; KEISHA B.
MARTIN QUEENSBORO
NATIONAL BANK AND TRUST;
RICHMOND COUNTY TAX
COMMISSIONER; 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:
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 $30,000.00, all as provided for by the O.C.G.A. § 32-3-5 through 32-
3 -1g; and
Belair Hills Subdivision Improvement Project
PIN: 051 -o- 052 -0o -0
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' Book 01284:1295 Augusta - Richmond County
2010048640 12/06 /2010 16:37:07.00
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 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
possession should not be granted; and such hearing having been had before me
on this date,
IT IS CONSIDERED, ORDERED AND ADJUDGED that Keisha B. Martin
being shown to be in possession of said property, to deliver up to Au usta,
Georgia, not later than the al day o , 20 ; #, t e full,
peaceable, lawful and quiet possession of sai r emises 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
Belair Hills Subdivision Improvement Project
PIN: 051 -o- 052 -00 -0
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Book 01284:1296 Augusta - Richmond County
2010048640 12/06 /2010 16:37:07.00
put the said Augusta, Georgia, in full, peaceful, lawful and quiet possession of
said premises.
So ordered this 0 , 1 44 day of December, 2010.
Carl C. Brown, Jr.
Judge of Superior Court, Augusta J cial Circuit
Belair Hills Subdivision Improvement Project
PIN: 051 -o- 052 -00 -o
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Book 01284:1297 Augusta - Richmond County
2010048640 12/06 /2010 16:37:07.00
Prepared and presented by:
Daniel W. Hamilton
Georgia Bar No. 320855
Attorney for Condemnor
Shepard, Plunkett,
Hamilton, & Boudreaux, LLP
429 Walker Street, Upper Level
Augusta, Georgia 30901
706.722.6200
Belair Hills Subdivision Improvement Project
PIN: 051 -o- 052 -00 -o
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Instrument Number: 2007000884 Book,Page: 01098/2227 Date Filed: 01/08/200716:43:18.01
.
Book 01284:1298 Augusta - Richmond County Book 01098:2227 Augusta - Richmond County
2010048640 12/06/2010 16:37:07.00 2007000884 01/08/2007 18 :43:18.01
EXHIBIT "A"
ALL of that triangular lot or parcel of land, with any improvements thereon, situate, lying, and being in
Auguste-Richmond County, Georgia, fronting a distance of 245.24 feet on the Southwest side of Scott Street
and extending back therefrom on its Southeastern boundary line a distance of 167.87 feet to
a rear or Western boundary line of 297.28 feet. Said lot is more particularly shown as Lot 9, Block T on a plat of
Section 2, Belair Hill Estates Subdivision prepared by K. L. Wise, Surveyor, recorded in the Office of the Clerk of
Superior Court of Richmond County; Georgia In Realty Book 20 -Y, page 252. Said lot is also shown as "9" on
an individual plat thereof prepared for Dr. Eleanor Madelyn Willingham by George L. Goodman, R. L. S., dated
May 4, 1998, and recorded in said Clerk's Office in Realty Reel 601, page 412. Said plats are incorporated
herein by reference thereto for a more complete description of metes, bounds, courses, and locations.
ALSO, an undivided interest in all of that tract or parcel of land, with any improvements thereon, situate, lying,
and being in Augusta - Richmond County, Georgia, fronting a distance of 106.25 feet on the Southwest side of
Scott Street and extending back therefrom on its Eastern boundary line a distance of 297.28 feet and on its
Western boundary line a distance of 426.08 feet to a rear or Southeastern boundary line of 72.73 feet. Said lot
is more particularly shown as the righ -of -way of an unopened road on a plat of Section 2, Belair Hill Estates
Subdivision prepared by K. L. Wise, Surveyor, recorded in the Office of the Clerk of Superior Court of
Richmond County, Georgia in Realty Book 20 -`f, page 252. Said lot is also shown as "Portion of Lin-opened
Road RJVV" on an individual plat thereof prepared for Dr. Eleanor Madelyn Willingham by George L. Godman, R.
L. S., dated May 4, 1998, and recorded in said Clerk's Office in Realty Reel 601, page 412. Said plats are
incorporated herein by reference thereto fora more complete description of metes, bounds, courses, and
locations, .
SAID property Is conveyed subject to any and all applicable easements, restrictions and covenants recorded in •'
aforesaid clerk's office. • n
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Filed in this office:
Augusta - Richmond County
12/06/2010 16:37:07.00
ELAINE C. JOHNSON . ,
Clerk of Superior Court
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2010 - RCCV -803
AUGUSTA, GEORGIA,
Condemnor,
v.
42,120 Square Feet Right -of -Way;
051 -o- 052 -00 -o; KEISHA B.
MARTIN; QUEENSBORO
NATIONAL BANK AND TRUST;
RICHMOND COUNTY TAX
COMMISSIONER; 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 1284 , pages
1294 TO 1298.2 in my office.
WITNESS, my hand and seal of said Court, this 13th day of
December 2010. jv
Cspal-Clerk of'- . erior Court,
Richmond County, Georgia
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Belair Hills Subdivision Improvement Project
PIN: 051 -o- 052 -0o -0