HomeMy WebLinkAboutRESOLUTION TO SETTLE CONDEMNATION CASE FOR PROPERTY LOCATED AT 2013 FLORIDA ROAD- JASON HALPER RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY
JASON HALPER (CLAIMANT) IN THE AGGREGATE SUM OF FORTY-FIVE
THOUSAND DOLLARS ($45,000.00), PAYABLE AS FOLLOWS: JASON
HALPER AND YINKA T. OMOLE, AS HIS ATTORNEY; FURTHER
AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE AMOUNT OF
FORTY-FIVE THOUSAND DOLLARS ($45,000.00); WAIVING AUGUSTA,
GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS
INSTANCE ONLY; AND FOR OTHER PURPOSES.
WHEREAS, The City of Augusta filed a suit in Richmond County Superior Court,
2017RCCV00175 against Jason Halper and 9,975 square feet also known as 2013 Florida
Road, located in Bowles Estates, Hyde Park Subdivision. The purpose of the suit was to
condemn and take possession of the property and to pay Jason Halper reasonable
compensation. The City of Augusta deposited the sum of thirteen thousand dollars,
($13,000.00) into the Superior Court Clerk Registry based upon an appraised value of
$13,300.00 issued by Pat Jefferson Realty. Respondent Harper filed a timely answer
declaring that the property was worth no less than fifty-six thousand dollars
($56,000.00).
WHEREAS, all parties to said lawsuit desire to settle all claims; and
WHEREAS, Claimant has agreed to settle all claims regarding the value of 2013
Florida Road for the total sum of forty-five thousand dollars ($45,000.00) payable to
Jason Halper and Yinka T. Omole, as his attorney; and
WHEREAS,it is in the best interests of Augusta,Georgia to resolve this matter and
pay the amount of forty-five thousand dollars ($45,000.00) to Claimant as set out above
to settle all claims of Claimant against the City of Augusta Georgia based upon the
following facts alleged in said lawsuit:
The City's Appraisals reflected a value of $13,300.00. Respondent Halper
obtained two independent appraisals reflecting a value $56,000.00 (Hollingsworth
Appraisal) and $59,500.00 (Carriage Lane Appraisals). Similarly situated houses on the
same street and in the Bowles Estates area were sold to the city for a higher value or within
the range of the settlement of$45,000.00; and
WHEREAS,Augusta,Georgia acknowledges that the payment set forth herein does
not constitute any admission of liability on the part of Augusta, Georgia and liability is
expressly denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia
Commission,
Settlement Resolution
Augusta Georgia v.9,975 sq.ft at 2013 Florida Rd.and Jason Halper
Case Number: 2o17RCCVoo175
Page 1 of 2
Section is The Augusta, Georgia Commission will settle the claims set forth
above for the sum of forty-five thousand dollars ($45,000.00), payable to Jason Halper
and Yinka T. Omole, as his attorney.
Section 2: The County Administrator is authorized to pay to Jason Halper and
Yinka T. Omole, as his attorney, a total sum of forty-five thousand dollars ($45,000.00).
Such amount includes the $13,000.00 currently deposited with the Clerk of Superior
Court.
Section 3: To the extent that any section of the AUGUSTA,GA.CODE is in conflict
herewith, that subsection is waived for this instance only.
411
Adopted this I2 day of c�C ? rube , 2017.
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AHardie Davis, Jr.
As its Mayor
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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
Settlement Resolution
Augusta Georgia v.9,975 sq.ft at 2013 Florida Rd.and Jason Halper
Case Number: 2o17RCCVoo 75
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