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HomeMy WebLinkAboutRESOLUTION_ AUGUSTA, GA V. 66.13 SQUARE FEET OF RIGHT OF WAY, 271.45 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT, AND RFW ENTERPRISES, INC. • RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION STYLED AUGUSTA, GEORGIA, CONDEMNOR, V. 66.13 SQUARE FEET OF RIGHT OF WAY, 271.45 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT, AND RFW ENTERPRISES, INC., INDIVIDUALLY, CONDEMNEE, RICHMOND COUNTY CIVIL ACTION FILE NO. 2016-RCCV-179, WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, on April 5, 2016, Condemnor filed the above-styled petition for condemnation and related pleadings against Condemnee property owner RFW Enterprises, Inc., and deposited the sum of $950.00 into the registry of the Court as just and adequate compensation; and WHEREAS, on May 20, 2016, Condemnee RFW Enterprises, Inc. filed a notice of appeal pursuant to O.C.G.A. § 32-3-14; WHEREAS, on June 9, 2016, Condemnor filed an amended Petition for Condemnation and Declaration of Taking through which Condemnee Georgia Bank & Trust Company of Augusta was added as a real party in interest; WHEREAS, on June 13, 2016, service was perfected as to Condemnee Georgia Bank&Trust Company of Augusta as provided by law; WHEREAS Condemnee Georgia Bank & Trust Company of Augusta has not claimed an interest in the sums deposited into the registry of the Court as estimated just and adequate compensation or filed a notice of appeal; WHEREAS, on June 29, 2016 the Court entered an Order Granting Possession in favor of Condemnor; WHEREAS, the parties have engaged in written discovery; WHEREAS, the subject acquisition appears to have eliminated direct driveway access to Laney-Walker Boulevard, WHEREAS, the parties have agreed, subject to Commission approval and judicial disbursement, to settle the instant action for the aggregate sum of$25,000.00; WHEREAS, General Counsel for Condemnor considers it to be in the best interest of Augusta-Richmond County to resolve this matter pursuant to the terms Augusta,Georgia v. RFW Enterprises, Inc. et al; individually, Richmond County Superior Court Civil Action No.2016-RCCV-179 Resolution of Settlement Page 1 of 4 expressed herein and recommends that it deposit an additional $24,050.00 into the registry of the Court for disbursement to Condemnee RFW Enterprises, Inc. and its counsel of record as just and adequate compensation to settle this action; Augusta,Georgia v. RFW Enterprises, Inc. et al; individually, Richmond County Superior Court Civil Action No.2016-RCCV-179 Resolution of Settlement Page 2 of 4 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. 2016-RCCV-179 for the aggregate sum of $25,000.00, deposit an additional $24,050.00 into the registry of the Court, and for judicial disbursement to Condemnee RFW Enterprises, Inc. and its counsel of record 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 If day of October, 2016. /7 PHardie Davis, Jr. ;. • //bin As its Mayor Attcs i ;3 ., ..,‘% tp/v/ ' / / a 3 : ria J. ti ooia%"-r, -leek . CovinOsioil C 9 . .. Se Ne or. g 04civac` X4:;44'4lacK4.0r''.� + e; u"•gni wwwaeu .u..4.,x4nroYaWn`.Rsiµi:MlKwk aldnM..KKe Augusta,Georgia v. RFW Enterprises,Inc. et al .,individually. Richmond County Superior Court Civil Action No.2016-RCCV-179 Resolution of Settlement Page 3 of 4 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 , 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. RFW Enterprises,Inc. et al; individually, Richmond County Superior Court Civil Action No.2016-RCCV-179 Resolution of Settlement Page 4 of 4