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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF WILLIAM T. BASS, DDS, PLAINTIFF V. HENRY B. GARRETT, III, FIRST DEFENDANT, AUGUSTA, GEORGIA, SECOND DEFENDANT RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION 2015-RCCV-451, STYLED WILLIAM T. BASS, DDS, PLAINTIFF V. HENRY B. GARRETT, III, FIRST DEFENDANT, AUGUSTA, GEORGIA, SECOND DEFENDANT WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Plaintiff, William T. Bass, DDS (hereinafter referred to as "Bass"), filed the above-styled alleging that Augusta, Georgia (hereinafter referred to as "Augusta"), in addition to other claims,improperly conveyed the property commonly known as 819 Camellia Road,Augusta, Georgia (hereinafter referred to as the "Property") to him pursuant to an action approved by the Augusta Commission at its September 5, 2006 meeting; and WHEREAS, the parties have agreed, subject to Commission approval, to settle the instant action by which for the payment of the aggregate sum of Sixty-Five Thousand ($65,000.00) Dollars, Bass will convey the Property to Augusta, dismiss the instant action as to Augusta and release Augusta,its Commissioners,employees and agents from any claims arising out the transfer and sale of the Property; and WHEREAS, it is in the best interest of Augusta to resolve this matter pursuant to the terms expressed herein to settle this civil action; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia: Section 1: The Augusta, Georgia Commission agrees to settle Richmond County Superior Court Civil Action No. 2015-RCCV-451 for the aggregate sum of $65,000.00,to be paid from the general funds of Augusta upon the delivery of a fully executed release and limited warranty deed, in form satisfactory to the General Counsel of Augusta; 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. William T.Bass,DDS v.Henry B.Garrett,III and Augusta, Richmond County Superior Court Civil Action No.2015-RCCV-451 Resolution of Settlement Page 1 of 2 Adopted this„0 day of October, 2016. 171v1/41,6-.4. Chi Hardie Davis, Jr. 4 As its Mayor Attest 10(24* 441 ,e144 !L-nq,=JnBo r, Clerk of Commission t r t., S Certification The undersigned Clerk of Commission, Lena J. Bonner,hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission on October , 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 William T.Bass,DDS v.Henry B. Garrett,III and Augusta, Richmond County Superior Court Civil Action No.2015-RCCV-451 Resolution of Settlement Page 2 of 2