HomeMy WebLinkAboutRESOLUTION TO APPROVE THE EXERCISE OF EMINENT DOMAIN TO ACQUIRE REAL PROPERTY LOCATED AT 2649 GORDON HIGHWAY, AUGUSTA, GEORGIA RESOLUTION AUTHORIZING EXERCISE OF THE POWER OF EMINENT DOMAIN
WHEREAS, Augusta, Georgia, a political subdivision of the State of Georgia, has considered,
determined, and will declare by passage and execution of this Resolution its approval of the
recommendation to acquire immediately certain land hereinafter identified for public purposes; and,
WHEREAS, the condemnation proceedings will be brought under the provisions of O.C.G.A. §
22-1-1, et seq.; and,
WHEREAS, the land proposed to be condemned is located in Richmond County, Georgia, subject
to the jurisdiction of the Superior Court of the Augusta Judicial Circuit and is more particularly
described in Exhibit "A," which is attached hereto and incorporated into this Resolution by
reference thereto;and,
WHEREAS, Augusta, Georgia,as Condemnor,seeks to condemn and acquire the fee simple title
to said property,together with all rights of access to, through, into and upon said property and all
other rights and interests to said property; and,
WHEREAS, the condemnation of said property is necessary for the following public use, to wit:
the construction of the new Fire Station#3 and the improvements upon the land upon which said
fire station will be located. The property will be used as part of a new fire station serving the public
of Richmond County, Georgia; and,
WHEREAS, the names and addresses of persons,classes of persons or entities whose property
or rights are to be taken or otherwise affected, so far as known, are as follows:
Owner: James Pond Properties, LLC
4454 Graystone Way
Evans, GA 30809
WHEREAS, if there are any other persons known or unknown claiming any right, title, power,
interest, ownership, equity, claim or demand in and to said lands and all occupants, tenants,
lessees, licensees and all holders, owners and users of ways and easements in, across, and over
said lands, will be made parties defendant to this action to the end that they may come into court
and make claim to such interest or ownership or other right as they may have in the same and to
the proceeds arising therefrom; and,
WHEREAS, it is necessary and desirable to have a judicial ascertainment and judicial
supervision of all questions and proceedings connected with the condemnation of said land and
the determination of the just and adequate compensation to be first paid to the condemnee for
the taking of said land;and,
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WHEREAS, Augusta, Georgia, through its properly constituted Board of Commissioners, is
willing to pay the true owner and persons having an interest therein just and adequate
compensation for said land sought to becondemned and all damages to which the respective
owners are legally entitled;
NOW, THEREFORE, BE IT RESOLVED as follows:
The Board of Commissioners and the General Counsel and his agents for Augusta, Georgia are
authorized to:
1. File an action for condemnation against the Owner and any other persons or entities having
an interest in the property described on Exhibit"A" attached hereto;
2. Name the Tax Commissioner as an interested and required party to such condemnation
action;
3. Enter into any waivers of the pre-condemnation procedures set forth and required pursuant
to O.C.G.A. § 22-1-1, et seq. as are amenable and acceptable to any persons, entities, or
lenders with an interest in said property;
4. Provide for such service of the petition of condemnation and to set such hearings as are
necessary to require interested parties to appear before a special master or such other court
appointed official as deemed appropriate, at the time and place set by the court So that any
party may be able to state their objections, rights, title and interest, and claims as to the
value of the land being condemned; and
5. Take such other action as is reasonable and necessary to carry out the terms of 'tins,
Resolution and acquire the described property.
Approved by the Board of Commissioners this the/ day of November, 2017.
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Exhibit A
(RICHMOND COUNTY)
All that lot, tract of parcel of land, with all improvements thereon, situate, lying and being
in the County of Richmond, in the State of Georgia, containing three acres, more or less, on the
Southside of U.S. Highway No. 78 (Milledgeville Road), fronting thereon a distance of 398 feet,
and running back between parallel lines, in a Southerly direction, a distance of 328.35 feet,with a
rear width of 398 feet, and being bounded, all now or formerly, as follows: On the North by U.S.
Highway No. 78 (Milledgeville Road); on the East by land of A. E. Buxton; on the South by land
of A. E. Buxton; and on the West by Ian of Georgia Vitrified Brick and Clay Company, LESS
AND EXCEPTING THEREFROM that portion of said property heretofore conveyed for a Right-
of-Way by Mrs. Ethel Eubanks to the State Highway Department of Georgia, by instrument dated
June 14, 1965, and of record in the Office of the Clerk of Superior Court of Richmond County,
Georgia, in Realty Book 31-R, Pages 441-442.
This is the same property conveyed to Ethel L. Eubanks by Warranty Deed of William R.
Quattlebaum, dated May 27, 1959, and of record in the aforesaid Clerk's Office in Realty Book
25-Z, page 395, the said Ethel L. Eubanks having by marriage become Ethel L. Thomas, and
having on the 23rd day of January 1967, conveyed a one-half interest in and to the aforesaid
property to her husband J. E. Thomas, Jr., the said J. E. Thomas, Jr. having died testate on March
18, 1979 in Chatham County, Georgia, and the interest of the said J. E. Thomas, Jr. in and to the
above described property having passed to Ethel Louvinia Thomas under Item 1 of said Will.
This being the same property conveyed to Grantor herein by Warranty Deed from Ethel
Louvinia Thomas, dated October 30, 1980, and recorded in aforesaid Clerk's Office on Realty
Reel 132,page 1390.
Map & Parcel#066-0-053-00-0 (2649 Gordon Hwy)
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