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
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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