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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION 2015-RCCV-377, AUGUSTA, GA V. WILLIAM C. BRIDGES, AND MIRANDA NELSON, ET AL. RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION 2015- RCCV-377, STYLED AUGUSTA, GEORGIA, CONDEMNOR, V. 3136.32 SQUARE FEET OF RIGHT OF WAY, WILLAM C. BRIDGES, AND MIRANDA NELSON, ET AL, WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, On August 11, 2015, Condemnor, Augusta, Georgia filed the above- styled petition for condemnation and related pleadings against Condemnees and property owners and interest holders William C. Bridges and Miranda Nelson, among others, and deposited the sum of $25,200.00 into the registry of the Court as just and adequate compensation for all property and rights acquired in this action; and WHEREAS, On September 10, 2015, Condemnee William C. Bridges filed a notice of appeal pursuant to O.C.G.A. § 32-3-14; WHEREAS, On September ii, 2015, Condemnee Miranda Nelson filed a notice of appeal pursuant to O.C.G.A. § 32-3-14; WHEREAS, On October 6, 2015 the Superior Court entered an Order Granting Possession in favor of Condemnor; WHEREAS, the parties have engaged in written discovery and the Condemnees have been deposed; WHEREAS, the parties have agreed, subject to Commission approval and judicial disbursement, to settle the instant action for the aggregate sum of$45,000.00; and WHEREAS, it is in the best interest of the parties to resolve this matter pursuant to the terms expressed herein and deposit an additional $19,800.00 into the registry of the Court for disbursement to Condemnees William C. Bridges and Miranda Nelson as just and adequate compensation for all property and rights acquired in this action and to settle this civil action; Augusta, Georgia v. 3,136.32 Square Feet of Right of Way, Williams C. Bridges, and Miranda Nelson, et al., Richmond County Superior Court Civil Action No. 2015-RCCV-377 Resolution of Settlement Page 1 of 3 • NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission: Section 1: The Augusta-Richmond County Commission agrees to settle Richmond County Superior Court Civil Action No. 2015-RCCV-377 for the aggregate sum of $45,000.00, deposit an additional $19,800.00 into the registry of the Court, and for judicial disbursement to Condemnees William C. Bridges and Miranda Nelson as provided by law; and Section 2: To the extent that any section of the AUGUSTA CODE is in conflict herewith, that subsection is waived for this instance only. Adopted this 9Wl/day of August, 2016. jigtnAL; Hardie Davis, Jr. 4%2 I As its Mayor Attes eiLi NIA ena J.;I:on 1:• f;il � �1 • Seal: s,; & : A • •o® 69s II "4.000000 41411FtoRGt t-4. Augusta,Georgia v. 3,136.32 Square Feet of Right of Way, Williams C. Bridges, and Miranda Nelson,et al., Richmond County Superior Court Civil Action No.2015-RCCV-377 Resolution of Settlement Page 2 of 3 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 August , 2016 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 Augusta,Georgia v. 3,136.32 Square Feet of Right of Way, Williams C. Bridges, and Miranda Nelson,et a1., Richmond County Superior Court Civil Action No.2015-RCCV-377 Resolution of Settlement Page 3 of 3