HomeMy WebLinkAboutRESOLUTION- RALPH B. UTLEY 2016-RCCV-395 RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF
RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION
STYLED AUGUSTA,GEORGIA, CONDEMNOR,V. 7,500 SQUARE
FEET IN FEE; RALPH B. UTLEY; INDIVIDUALLY,
CONDEMNEE, RICHMOND COUNTY CIVIL ACTION FILE NO.
2016-RCCV-395., WANING AUGUSTA, GEORGIA CODE OF
ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE
ONLY; AND FOR OTHER PURPOSES.
WHEREAS, On August 16, 2016, Condemnor filed the above-styled petition for
condemnation and related pleadings against Condemnee property owner Ralph B. Utley,
and deposited the sum of $15,000.00 into the registry of the Court as just and adequate
compensation; and
WHEREAS, On September 14, 2016, Condemnee filed a notice of appeal pursuant
to O.C.G.A. § 32-3-14;
WHEREAS, On November 18, 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$20,000.00;
WHEREAS, it is in the best interest of Augusta, Georgia to resolve this matter
pursuant to the terms expressed herein and recommends that it deposit an additional
$5,000.00 into the registry of the Court for disbursement to Condemnee Ralph B. Utley
as just and adequate compensation to settle this action;
Augusta,Georgia v. 7500.00 Square Feet in Fee and Ralph B.Utley; individually,
Richmond County Superior Court Civil Action No.2016-RCCV-395
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. 2016-RCCV-395 for the aggregate
sum of $20,000.00, deposit an additional $5,000.00 into the
registry of the Court, and for judicial disbursement to Condemnee
Ralph B. Utley 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 �,Jday of June, 2017.
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Augusta,Georgia v. 7500.00 Square Feet in Fee and Ralph B. Utley; individually,
Richmond County Superior Court Civil Action No. 2016-RCCV-395
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 June 13,
2017 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.7500.00 Square Feet in Fee and Ralph B. Utley: individually,
Richmond County Superior Court Civil Action No.2016-RCCV-395
Resolution of Settlement
Page 3 of 3