HR 401 - Fulton County; lease property

First Reader Summary

A RESOLUTION authorizing the leasing of certain real property owned by the State of Georgia in Fulton County; and for other purposes.

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Recorded Votes

• Vote # 330 ADOPT 03/13/97

HR 401                                             LC 10 2115 
 
 
 
 
 
 
                             A RESOLUTION 
 
  1- 1  Authorizing the leasing of certain real property owned by 
  1- 2  the State of Georgia in Fulton County, Georgia; to repeal 
  1- 3  conflicting laws; and for other purposes. 
 
  1- 4  WHEREAS, the State of Georgia is the owner of a certain 
  1- 5  tract or parcel of real property located in the City of 
  1- 6  Atlanta, Fulton County, Georgia, which is in the custody of 
  1- 7  the Georgia Department of Defense; and 
 
  1- 8  WHEREAS, said real property is all that certain tract or 
  1- 9  parcel of land situate, lying and being in Fulton County, 
  1-10  Georgia, and being more particularly described as follows: 
 
  1-11    All that certain tract or parcel of land containing 
  1-12    approximately 35 acres and situated, lying and being in 
  1-13    Land Lot 24 of the 14th Land District of Fulton County, 
  1-14    Georgia, and being more particularly shown and delineated 
  1-15    on a certain February 29, 1984, topographical drawing 
  1-16    prepared by the City of Atlanta, Department of Environment 
  1-17    and Streets, Office of Engineering, and shall be more 
  1-18    particularly described on a plat of survey prepared by a 
  1-19    Georgia Registered Land Surveyor and presented to the 
  1-20    State Properties Commission for approval; and 
 
  1-21  WHEREAS, the said property was the subject of an agreement 
  1-22  between the Department of Defense and the City of Atlanta; 
  1-23  and 
 
  1-24  WHEREAS, the City of Atlanta is desirous of leasing the 
  1-25  hereinabove-described state property for development of 
  1-26  recreational facilities for its citizens; and 
 
  1-27  WHEREAS, the Georgia Department of Defense has no objection 
  1-28  to the long-term leasing of the above-described real 
  1-29  property. 
 
  1-30  NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL 
  1-31  ASSEMBLY OF GEORGIA: 
 
  1-32                           SECTION 1. 
 
  1-33  That the State of Georgia is the owner of the referenced 
  1-34  hereinabove described real property and that, in all matters 
  1-35  relating to the leasing of said property, the State of 
 
 
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  2- 1  Georgia is acting by and through its State Properties 
  2- 2  Commission. 
 
  2- 3                           SECTION 2. 
 
  2- 4  That the State of Georgia, acting by and through its State 
  2- 5  Properties Commission, is authorized to lease all or a 
  2- 6  portion of the hereinabove-described tract of land to the 
  2- 7  City of Atlanta for a period of 25 years, commencing with 
  2- 8  the execution of the lease agreement. 
 
  2- 9                           SECTION 3. 
 
  2-10  That the consideration for such lease shall be the fair 
  2-11  market value as determined by the State Properties 
  2-12  Commission, and such other terms and conditions as may be 
  2-13  determined by the State Properties Commission to be in the 
  2-14  best interests of the State of Georgia. 
 
  2-15                           SECTION 4. 
 
  2-16  That any sublease of subject property must be approved by 
  2-17  the State Properties Commission, and any remuneration 
  2-18  resulting from a sublease in excess of the consideration as 
  2-19  defined in Section 3 of this resolution is to be remitted to 
  2-20  the State of Georgia. 
 
  2-21                           SECTION 5. 
 
  2-22  That the authorization in this resolution to lease all or a 
  2-23  portion of the above-described property to the City of 
  2-24  Atlanta shall expire three years after the date that this 
  2-25  resolution becomes effective. 
 
  2-26                           SECTION 6. 
 
  2-27  That the State Properties Commission is authorized and 
  2-28  empowered to do all acts and things necessary and proper to 
  2-29  effect such leasing. 
 
  2-30                           SECTION 7. 
 
  2-31  That this lease agreement shall be recorded by the City of 
  2-32  Atlanta in the Superior Court of Fulton County and a 
  2-33  recorded copy shall be forwarded to the State Properties 
  2-34  Commission. 
 
  2-35                           SECTION 8. 
 
  2-36  That all laws and parts of laws in conflict with this 
  2-37  resolution are repealed. 
 
 
 
 
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