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HomeMy WebLinkAboutRESOLUTION_ TEMPORARY CONSTRUCTION EASEMENT AND ONE DRIVEWAY EASEMENT_ VILLA DE FLORES 2744 WASHINGTON ROAD AND WALGREEN, CO. RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION STYLED AUGUSTA, GEORGIA, CONDEMNOR, V. 7,492.32 SQUARE FEET OF RIGHT OF WAY, 3,977.88 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT, AND ONE DRIVEWAY EASEMENT; VILLA DE FLORES 2744 WASHINGTON ROAD, LLC, WELLS FARGO BANK, NA, AND WALGREEN, CO., INDIVIDUALLY, CONDEMNEE, RICHMOND COUNTY CIVIL ACTION FILE NO. 2015-RCCV-255, WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY;AND FOR OTHER PURPOSES. WHEREAS, on May 4, 2015, Condemnor filed the above-styled petition for condemnation and related pleadings against Condemnee property owner Villa De Flores 2744 Washington Road, LLC, and deposited the sum of$207,300.00 into the registry of the Court as just and adequate compensation; and WHEREAS, on June 2, 2015, Condemnee Villa De Flores 2744 Washington Road, LLC filed a notice of appeal pursuant to O.C.G.A. § 32-3-14; WHEREAS, on May 10, 2016, Condemnor filed an amended Petition for Condemnation and Declaration of Taking through which Condemnee Walgreen, Co. was added as a real party in interest; WHEREAS, on May 24, 2016, service was perfected as to Condemnee Walgreen, Co. as provided by law; WHEREAS Condemnee Walgreen, Co. 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 July io, 2015 the Court entered an Order Granting Possession in favor of Condemnor; WHEREAS, the parties have engaged in written discovery; WHEREAS, the parties have agreed, subject to Commission approval and judicial disbursement, to settle the instant action for the aggregate sum of$227,300.00; WHEREAS, it is in the best interest of Augusta, Georgia to resolve this matter pursuant to the terms expressed herein and it is appropriate to deposit an additional $20,000.00 into the registry of the Court for disbursement to Condemnee Villa De Flores Augusta, Georgia v. Villa De Flores 2744 Washington Road,LLC. et al: individually, Richmond County Superior Court Civil Action No.2015-RCCV-255 Resolution of Settlement Page 1 of 3 Attest2744 Wash,ington Road, LLC and its counsel of record as just and adequate compensation to settle this action; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission: Section 1: The Augusta,Georgia Commission agrees to settle Richmond County Superior Court Civil Action No. 2015-RCCV-255 for the aggregate sum of $227,300.00, deposit an additional $20,000.00 into the registry of the Court, and for judicial disbursement to Condemnee Villa De Flores 2744 Washington Road, LLC 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,re� that subsection is waived for this instance only. Adopted this/ ay of December, 2016. 7, 60'7 • �i•-i C ) I: Iardie Davis, Jr. IZ / As its Mayor A.It.• 3 /, � `Len ion * ,', `-' of Iorpmi sion ,o y r. t Seal:4®&�\ 0. 'i C SR. .442 Augusta, Georgia v. Villa De Flores 2744 Washington Road,LLC. et al: individually, Richmond County Superior Court Civil Action No.2015-RCCV-255 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, Georgia 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. Villa De Flores 2744 Washington Road,LLC. et al; individually, Richmond County Superior Court Civil Action No.2015-RCCV-255 Resolution of Settlement Page 3 of 3