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.
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4Hardie Davis, Jr.
61As 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 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