HomeMy WebLinkAboutAUGUSTA GA V BUFFORD L DUGGAN AND SANDRA S DUGGAN WILKINSON CIRCLE PROJECTAUGUSTA, GEORGIA,
v.
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2012 -RCCV-
CONDEMNOR,
3,554.69 Square Feet of Permanent
Drainage, Utility and Maintenance
Easement; 5,905.50 Square Feet of
Temporary Construction and
Ingress /Egress Easement; Bufford L.
Duggan and Sandra S. Duggan;
Individually,
CONDEMNEES- RESPONDENTS.
PETITION FOR CONDEMNATION
Petitioner files this Petition in accordance with O.C.G.A. § 32 -3 -1 et seq.
and shows the following:
1.
Petitioner is Augusta, Georgia, a political subdivision of the State of
Georgia.
2.
Petitioner brings this action to acquire by condemnation a temporary
construction easement for a County public road project by the Augusta
Engineering Department of Augusta, Georgia, as part of a road intersection
improvement, the project being known as Wilkinson Circle Project; said
intersection improvement located as shown on a set of plans on file in the office
Wilkinson Circle Project
Tax Map 070 -1, Parcel 166
070 -1- 166 -00 -0
1
of the Augusta Engineering Department, 1633 Marvin Griffin Road, Augusta, Georgia
30906. The said project was formally approved on June 5, 2012.
3.
Petitioner stands ready to pay just and adequate compensation for said
easements, and access right if any, as described in the Declaration of Taking
attached hereto as Exhibit "A" and made a part hereto and has deposited in the
Court, to the use of the persons entitled thereto, the estimated just compensation
ascertained in accordance with the O.C.G.A. § 32 -3 -5 through 32 -3 -19.
4.
Said easements and access rights, if any, as described in said Declaration
of Taking are for County public utility purposes upon, under, across and over the
tract of land in said County, also fully described in Exhibit "A ".
5.
Petitioner alleges upon information and belief that the record owners of
said tract of land are: Bufford L. Duggan and Sandra S. Duggan, 3209 Lake
Forest Drive, Augusta, Georgia 30909. Said owners are named defendants to this
action.
6.
The tax collecting authority is Richmond County, Georgia, and may be
served at the Office of the Tax Commissioner, Richmond County, Georgia, 530
Greene Street, Room 102, Augusta, Georgia, 30901 - 3999.
Wilkinson Circle Project
Tax Map 070 -1, Parcel 166
070 -1- 166 -00 -0
2
7.
The said owners generally and alienors and any and all other persons
known and unknown claiming any right, title, power, interest, ownership, equity,
claim or demand in and to said lands and all occupants, tenants, lessees,
licensees and all holders, owners and users of any right -of -ways and easement in,
across and over said land, are made parties defendant to this action to the end
that they may come into court and make claim to such interest or ownership or
other rights that they may have in the same and to the proceeds thereof, to wit:
Bufford L. Duggan and Sandra S. Duggan
3209 Lake Forest Drive
Augusta, GA 30909
WHEREFORE, Petitioner prays:
(A) That the Defendants named herein and all other persons known and
unknown who may claim or have an interest in said lands be required to appear
at a time and place to be named by the Court, and make known their objections, if
any they have, their interests, ownership or other rights in said lands and the
proceeds thereof; and
(B) That at said time and place the Court require the parties in possession
to surrender said easements and access rights, if any, to petitioner on a day
certain not later than 6o days from the filing of this petition and Declaration of
Taking (Exhibit "A "); and
(C) For an order for the service, publication and posting of this petition
and the Declaration of Taking (Exhibit "A "); and
Wilkinson Circle Project
Tax Map 070 -1, Parcel 166
070 -1- 166 -00 -0
3
(D) For an order requiring the Clerk of this Court to hold the funds
deposited by petitioner subject to the orders and judgments of the Court; and
(E) For such further orders and judgments as may be necessary in the
premises.
This day of September, 2012.
Daniel W. Hamilton
Georgia Bar No.: 320855
Attorney for Augusta, Georgia
Shepard, Plunkett, Hamilton and Boudreaux, LLP
429 Walker Street, Upper Level
Augusta, Georgia 30901
706- 722 -6200
Wilkinson Circle Project
Tax Map 070 -1, Parcel 166
070 -1- 166 -00 -0
4
AUGUSTA, GEORGIA,
CONDEMNOR,
V.
IN THE SUPERIOR COURT OF RICHMOND COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO. 2o12-RCCV-
3,554.69 Square Feet of Permanent
Drainage, Utility and Maintenance
Easement; 5,905.50 Square Feet of
Temporary Construction and
Ingress /Egress Easement; Bufford L.
Duggan and Sandra S. Duggan;
Individually,
RESPONDENTS - CONDEMNEES.
DECLARATION OF TAKING PURSUANT TO O.C.G.A.
§ 22 -3 -140 and § 32 -3 -1 et seq.
WHEREAS the Augusta- Richmond County Commission has made and entered an
order finding that the circumstances in connection with acquiring a permanent
drainage, utility and maintenance easement and temporary construction easement and
ingress /egress easement to construct known as the Wilkinson Circle Project are such
that it is necessary to acquire the title, estate or interest in the lands as fully described in
said order, a certified copy of which is attached to this Declaration as Appendix "1" and
made a part hereof, under the authority of O.C.G.A. § 22 -3 -140 and § 32 -3 -1 et seq.; and
Exhibit "A"
Wilkinson Circle Project
Tax Map 070 -1, Parcel 166
PIN: 070 -1- 166 -00 -0
WHEREAS, said easements and access rights, if any, are for county road system
purposes or any other public transportation improvement purposes upon, under,
across, and over the tract of land in Augusta, Georgia, as fully described in the
attachment hereto identified as Appendix "2" and made a part hereof; and
WHEREAS, Augusta, Georgia, has caused an investigation and report to be made
by a competent land appraiser, upon which to estimate the sum of money to be
deposited in the Court as just and adequate compensation for the easements and access
rights, if any, above referred to, a copy of the appraiser's sworn statement being
attached hereto identified as Appendix "3" and made a part hereof; and
WHEREAS, based on the sworn statement, Appendix "3 ", Augusta, Georgia,
estimates $4,736.00 as the just and adequate compensation to be paid for said
easements and access rights, if any, as fully described in Appendix "1 ", attached hereto,
and now deposits said sum in the Court, to the use of the persons entitled hereto;
NOW, THEREFORE, premises considered, Augusta, Georgia, under authority of
the O.C.G.A. § 22 -3 -14o and § 32 -3 -1 et seq., hereby declares that the property or
interests therein as described in Appendix "1 ", attached to and made a part of this
Declaration, is taken for County subdivision improvement purposes.
This ► 7 I. if day September, 2012.
David S. Copenh er
Mayor Augusta, Georgia
2
Wilkinson Circle Project
PIN: 070 -1- 166 -00 -0
Exhibit "A"
ORDER OF THE
AUGUSTA - RICHMOND COUNTY COMMISSION
AUGUSTA, GEORGIA
WHEREAS, the Augusta Engineering Department has laid out and
determined to construct a certain subdivision improvement project of Augusta,
Georgia, known and designated as the Wilkinson Circle Project more fully shown
on a set of plans on file in the office of the Augusta Engineering Department, 522
Greene Street, Augusta, Georgia 30901; and
WHEREAS, in order to maintain the projected schedule for the
Engineering Department, Augusta, Georgia, it is necessary that the easements,
and other rights, if any, for the construction of said project be acquired without
delay; and
WHEREAS, the easements and other rights as herein described and as
listed below, shown of record as owned by the person named herein, all as
described and shown in the annexes to this order hereinafter enumerated, all of
said annexes by reference made a part of this order, are essential for the
construction of said project.
TRACT
OWNERS TAKING
07o -1- 166 -00 -o Bufford L. Duggan
and Sandra S. Duggan
Appendix "1"
Wilkinson Circle Project
PIN: 07o -1- 166 -0o -0
3,554. Sq. Ft.
Permanent Drainage,
Utility and Maintenance
Easement; 5,9 Sq. Ft.
Temporary Construction
and Ingress /Egress and
Ingress /Egress Easement
NOW, THEREFORE, it is found by the Augusta- Richmond County
Commission that the circumstances are such that it is necessary that the
easements and access rights, if any, as described in annexes to this order, be
acquired by condemnation under the provisions of the O.C.G.A. § 22 -3 -140 and §
32 -3 -1 et seq.; and
IT IS ORDERED that Augusta, Georgia, proceed to acquire the title, estate
or interest in the lands hereinafter described in annexes to this order by
condemnation under the provisions of said Code, and the Attorney for Augusta,
Georgia, is authorized and directed to file condemnation proceedings, including a
Declaration of Taking, to acquire said title, estate or interest in said lands and to
deposit in the Court the sum estimated as just compensation, all in accordance
with the provisions of said Code.
Done, this / 7 4.4 day September, 2012.
a ° �d Russell David S. Copenhaver
dministrator of Augusta, Georgia Mayor of Augusta, Georgia
Appendix "1"
4
Wilkinson Circle Project
PIN: 07o -1- 166 -0o -0
PROJECT NUMBER: Wilkinson Circle Project
TRACT NUMBER: Tax Map 070 -1, Parcel 166
RECORD OWNERS: Bufford L. Duggan and Sandra S. Duggan
Attached plat prepared by Augusta - Richmond County Engineering
Department and dated October 19, 2011.
Appendix "1"
5
Wilkinson Circle Project
PIN: 07o- 1- 166 -0o -0
AUGUSTA, GEORGIA
I, Fred Russell, do hereby certify that I am Administrator of Augusta,
Georgia.
I further agree that the foregoing 5 pages constitute a true and correct
extract copy of an Order of the Augusta- Richmond County Commission, entered
on the 5th day of June, 2012, as the same applies to the tract(s) or parcel(s) of
land described in said 5 pages; and the original of said Order is on file at the
Office of the Augusta- Richmond County Commission in Augusta, Georgia.
Given under my hand and Seal of the . Augusta - Richmond County
Commission,
This C ? day September, 2012.
ed Russell
ed Russell
Administrator of Augusta, Georgia
Appendix "1"
6
Wilkinson Circle Project
PIN: 070 -1- 166 -00 -0
DESCRIPTION OF PROPERTY FROM WHICH EASEMENT RIGHTS ARE
TAKEN
PROJECT NUMBER: Wilkinson Circle Project
TRACT(S): Tax Map 070 -1, Parcel 166
RECORD OWNERS: Bufford L. Duggan and Sandra S. Duggan
Said easements and right of way as described in Appendix "1" is for a
County subdivision improvement project, as defined by law, across, over and
under certain tracts of land located in Augusta, Georgia, said tracts of land
consisting of 3,554.69 Square Feet of Permanent Drainage, Utility and
Maintenance Easement, 5,905.50 Square Feet of Temporary Construction and
Ingress /Egress Easement, and being located on 1856 Gordon Highway, Tax Map
070 -1, Parcel 166.
Appendix "2"
7
Wilkinson Circle Project
PIN: 070 -1- 166 -00 -0
AUGUSTA, GEORGIA
Personally comes Kris T. Hardy Sr., whose place of business is 512
Pineview Court, Augusta, Georgia 30907, and who on oath says:
1 . Affiant was employed by the Augusta Engineering Depai Lucent of
Augusta, Georgia Wilkinson Circle Project, in Augusta, Georgia, for said
Department and makes this sworn statement to be used in connection with
condemnation proceedings under the O.C.G.A. §32-3-5 through 32 -3 -19, for the
acquisition of said parcel.
2. Affiant is familiar with real estate values in said county and in the
vicinity where said parcels are located. Affiant has personally inspected the
property or rights condemned and in appraising said parcels affiant took into
consideration the fair market value of said parcels, as well as any consequential
damages to remaining property of the Condemnees by reason of such taking and
use of said parcels and other rights for the construction of said project, and any
consequential benefits which may result to such remaining property by reason of
such taking and use (consequential benefits not, however, considered except as
offsetting consequential damages). After said investigation and research, affiant
has thus estimated that the just and adequate compensation for said parcels, and
any consequential damages or benefits considered, is in the amount of
$4736.00. r ` „ v``1
a i g11;i rdy Sr., Appraiser
Ii
Sworn to and subscribed before me, ® ®,,,," , .. i9...6- 6 %
s
this /5 day o ail e- , 2012 ® ® .o k t, M`ss�o 4 '4 4 cn
/ l r S.._ Notary Publ ® - ao Tk , 9m
a A ppenc i xz3 „ —0— 9 Q
0 ; '08 L \c :6
Q
Wilkinson Circled � 1 �,,
PIN: 070 -1- 166 -00 -0
Certificate of the Clerk
I, Elaine Johnson, Clerk of the Superior Court of Richmond County,
Georgia, do hereby certify that the within and attached petition for condemnation
by Augusta, Georgia, and against 3,554.69 Square Feet of Permanent Drainage,
Utility and Maintenance Easement and 5,905.50 Square Feet of Temporary
Construction and Ingress /Egress Easement, and being located on 1856 Gordon
Highway, Tax Map 07o -1, Parcel 166; has been filed in said office.
I do further certify that the said Augusta, Georgia, has filed with said
petition for condemnation a Declaration of Taking; and has deposited with me, as
such Clerk, the sum of $4,736.00 as estimated just compensation for the property
described and taken.
Given under my hand and the seal, of said Court the day of
September, 2012.
Clerk of the Superior Court of
Richmond County, Georgia
9
Wilkinson Circle Project
PIN: 07o -1- 166 -00 -o