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.
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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