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HomeMy WebLinkAboutRESOLUTION_ PERMANENT EASEMENT AND TEMPORARY DRIVEWAY EASEMENT_ PF ODENTON, LLC, THE SACKLEY FAMILY TRUST, AND RICHMOND COUNTY TAX COMMISSIONER RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION STYLED AUGUSTA, GEORGIA, CONDEMNOR, V. 2,159.56 SQUARE FEET OF RIGHT OF WAY, 4,440.56 SQUARE FEET OF PERMANENT EASEMENT, AND 1,568.99 SQUARE FEET OF TEMPORARY DRIVEWAY EASEMENT; PF ODENTON,LLC,THE , SACKLEY FAMILY TRUST, AND RICHMOND COUNTY TAX COMMISSIONER; INDIVIDUALLY, CONDEMNEES, RICHMOND COUNTY CIVIL ACTION FILE NO. 2015-RCCV-565, WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, on December 4, 2015, Condemnor filed the above-styled petition for condemnation and related pleadings against Condemnee property owner PF Odenton, LLC, and deposited the sum of $4,400.00 into the registry of the Court as just and adequate compensation; and WHEREAS, on January 4, 2016, Condemnee PF Odenton, LLC filed a notice of appeal pursuant to O.C.G.A. § 32-3-14; WHEREAS, on February 3, 2016 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$6,600.00; 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 $2,200.00 into the registry of the Court for disbursement to Condemnee PF Odenton, LLC 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 1 of 3 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-565 for the aggregate sum of$6,600.00, deposit an additional $2,200.00 into the registry of the Court, and for judicial disbursement to Condemnee PF Odenton, 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, that subsection is waived for this instance only. Adopted this Aday of December, 2016. /764444 41111111.- 4Hardie Davis, Jr. 61As its Mayor 12 Attes r h3pe loorjoora„ er ;of C:oimi sion r® goo ,sem a $ ihitt, 4106060e '+ 5 '"R4y.-.�+rt1 aj:Y:Y'•«..AYtfi4k^ LS Mwia}yeW1.'!^hnrA x+#.--,.,., 5 ./ 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 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.RFW Enterprises,Inc. et al;individually, Richmond County Superior Court Civil Action No.2016-RCCV-179 Resolution of Settlement Page 3 of 3