SR 489 - White Co. - conveyance of cert. state owned property

First Reader Summary

A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia, to Sidney W. Shortt and Sherry E. Shortt and the acceptance of certain real property owned by Sidney W. Shortt and Sherry E. Shortt in consideration therefor; to provide an effective date.

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SR 489 98                                            SR489/AP 
 
      SENATE RESOLUTION 489 
 
      By:  Senator Middleton of the 50th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
Authorizing the conveyance of certain state owned real 
property located in White County, Georgia, to Sidney W. 
Shortt and Sherry E. Shortt and the acceptance of certain 
real property owned by Sidney W. Shortt and Sherry E. Shortt 
in consideration therefor; authorizing the conveyance of 
certain state owned real property located in Coffee County, 
Georgia; authorizing the conveyance of certain state owned 
or claimed real property located in Chatham County, Georgia, 
to Theodore I. Jockisch and the acceptance of certain real 
property owned or claimed by Theodore I. Jockisch in 
consideration therefor; authorizing the leasing of certain 
real property owned by the State of Georgia in Cobb County, 
Georgia; authorizing the conveyance of certain real property 
owned by the State of Georgia in Cobb County, Georgia; to 
provide effective dates; to repeal conflicting laws; and for 
other purposes. 
 
WHEREAS: 
 
  (1) The State of Georgia is the owner of a certain parcel 
  of real property located in White County, Georgia; 
 
  (2) Said real property is all that tract or parcel of land 
  lying and being in Land Lot 6 of the 3rd District of White 
  County, Georgia, and containing approximately 648 square 
  feet, denoted as Parcel "2" on a plat of survey by Edwin 
  G. Davidson, Georgia Registered Land Surveyor No. 2586, 
  dated June 9, 1997, revised January 6, 1998, on file in 
  the offices of the State Properties Commission; 
 
  (3) Sidney W. Shortt and Sherry E. Shortt represent that 
  they are the owners of certain real property lying and 
  being in Land Lot 6 of the 3rd District of White County 
  and containing approximately 648 square feet and denoted 
  as Parcel "3" on said plat of survey prepared by Edwin G. 
  Davidson, Georgia Registered Land Surveyor No. 2586; 
 
  (4) Sidney W. Shortt and Sherry E. Shortt own a residence 
  which adjoins state owned property under the custody of 
 
 
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  the Department of Natural Resources known as Unicoi State 
  Park in White County; 
 
  (5) Sidney W. Shortt and Sherry E. Shortt encroached onto 
  state property in the construction of their residence; 
 
  (6) Sidney W. Shortt and Sherry E. Shortt are desirous of 
  exchanging the above-described Parcel "3", which they own, 
  for the above-described Parcel "2" which the State of 
  Georgia owns, thereby resolving the encroachment; and 
 
  (7) The Department of Natural Resources has no objection 
  to the exchange of the above-described properties; and 
 
WHEREAS: 
 
  (1) The State of Georgia is the owner of a certain parcel 
  of real property located in the City of Douglas, Coffee 
  County, Georgia; 
 
  (2) Said real property is more particularly described as 
  All that tract or parcel of land containing three (3) 
  acres of original Lot of Land No. 175 in the 6th Land 
  District of Coffee County, Georgia, and more particularly 
  described as follows: 
 
    BEGINNING on the west boundary line of the right of way 
    of U. S. Highway No. 441 at a point 752 feet north of 
    the intersection of the south original land lot line of 
    said lot with the west boundary line of the right of way 
    of said highway; thence south 84 degrees west a distance 
    of 653.4 feet; thence north 4 degrees 20 minutes west 
    200 feet; thence north 84 degrees east 653.4 feet to the 
    west boundary line of the right of way of U. S. Highway 
    No. 441; thence south 4 degrees 20 minutes east along 
    the west boundary line of said right of way a distance 
    of 200 feet to the point of beginning, 
 
  and may be more particularly described on a plat of survey 
  prepared by a Georgia registered land surveyor and 
  presented to the State Properties Commission for approval; 
 
  (3) Said property is under the custody of the Georgia 
  Department of Public Safety; 
 
  (4) The above-described property was conveyed by Coffee 
  County to the State of Georgia in 1964 for the 
  consideration of $10.00; 
 
  (5) The Douglas-Coffee County Industrial Authority is 
  desirous of building a new State Patrol facility in 
 
 
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  exchange for conveyance of the above-described state owned 
  property; and 
 
  (6) The Department of Public Safety is desirous of 
  bringing about said exchange; and 
 
WHEREAS: 
 
  (1) The State of Georgia claims ownership to all coastal 
  marshlands below the high water mark not specifically 
  conveyed by a Crown Grant; 
 
  (2) A certain portion of the above-mentioned marshlands 
  containing approximately 260 acres and known as a portion 
  of an area known as Causton's Bluff is located in Chatham 
  County; 
 
  (3) Theodore I. Jockisch claims ownership to certain 
  marshlands and highground in Chatham County by virtue of a 
  Crown Grant containing approximately 142 acres and known 
  as a portion of an area known as Causton's Bluff and has 
  evidenced such claim in Chatham County; 
 
  (4) Ownership in title to the above-mentioned 142 acre 
  tract of marshlands and highground is unclear; and 
 
  (5) Theodore I. Jockisch is desirous of conveying his 
  claim and interest to all of the marshlands which consist 
  of approximately 131 acres and approximately 1.07 acres of 
  highground in exchange for the state's conveying its claim 
  and interest in approximately 9.57 acres of highground; 
  and 
 
WHEREAS: 
 
  (1) The State of Georgia is the owner of a certain tract 
  or parcel of real property located in the City of 
  Marietta, Cobb County, Georgia; 
 
  (2) Said real property is all that tract or parcel of land 
  situate, lying, and being in Cobb County, Georgia, lying 
  in and being more particularly described as follows: 
 
    All that certain tract or parcel of land containing 
    approximately 0.32 of one acre and situated, lying and 
    being in Land Lot 1218 of the 16th District, Second 
    Section, Cobb County, Marietta, Georgia, and being more 
    particularly described as follows: Beginning at a point 
    in the north line of Depot Street, thirty-three (33) 
    feet westwardly from and at right angles to the 
    centerline of the main track of the Western and Atlantic 
 
 
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    Railroad; thence westwardly along said north line of 
    Depot Street, a distance of one hundred (100) feet, more 
    or less, to a point, said point being the southeastern 
    corner of the property leased to the City of Marietta by 
    lease agreement between the State Properties Commission 
    and the City of Marietta dated September 4, 1973; thence 
    northwardly along the eastern boundary of said leased 
    property, a distance of one hundred forty-one and three 
    tenths (141.3) feet, more or less, to a point in the 
    south line of Mill Street; thence eastwardly along said 
    south line of Mill Street, a distance of one hundred 
    (100) feet, more or less, to a point, said point being 
    thirty-three (33) feet westwardly from and at right 
    angles to the centerline of said main track; thence 
    southwardly along a line thirty-three (33) feet 
    westwardly from and parallel to said centerline of main 
    track, a distance of one hundred forty-one and three 
    tenths (141.3) feet, more or less, to the point of 
    beginning, 
 
  and may be more particularly described on a plat of survey 
  prepared by a Georgia registered land surveyor and 
  presented by lessee to the State Properties Commission for 
  approval; and 
 
  (3) Said property is under the custody of the State 
  Properties Commission; 
 
  (4) Said property was leased to the City of Marietta, Cobb 
  County, on September 14, 1977, for a term of 20 years as 
  authorized by RA 100 (HR 583-1560) of the 1976 General 
  Assembly; and 
 
  (5) The City of Marietta is desirous of leasing the 
  above-described state property for an additional ten years 
  with the option to purchase the property for the fair 
  market value at any time during the term of the lease. 
 
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL 
ASSEMBLY OF GEORGIA: 
 
                         ARTICLE I 
 
                         SECTION 1. 
 
That in all matters relating to the conveyance of the real 
herein described state owned property in White County and 
the acceptance of the herein described Sidney W. Shortt and 
Sherry E. Shortt owned real property the State of Georgia is 
acting by and through its State Properties Commission. 
 
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                         SECTION 2. 
 
That the State of Georgia, acting by and through its State 
Properties Commission, is authorized and empowered to convey 
the above-described real property in White County by 
appropriate instrument to Sidney W. Shortt and Sherry E. 
Shortt and to accept as consideration therefor from Sidney 
W. Shortt and Sherry E. Shortt a conveyance of the 
above-described Sidney W. Shortt and Sherry E. Shortt owned 
real property, and such further consideration and provisions 
as the State Properties Commission shall in its discretion 
determine to be in the best interests of the State of 
Georgia. 
 
                         SECTION 3. 
 
That the authorization in this resolution to convey the 
above-described property to Sidney W. Shortt and Sherry E. 
Shortt shall expire three years after the date that this 
resolution becomes effective. 
 
                         SECTION 4. 
 
That the State Properties Commission is authorized and 
empowered to do all acts and things necessary and proper to 
effect such conveyance. 
 
                         SECTION 5. 
 
That the deed of conveyance shall be recorded by the grantee 
in the Superior Court of White County and a recorded copy 
shall be forwarded to the State Properties Commission. 
 
                         ARTICLE II 
 
                         SECTION 6. 
 
That the State of Georgia is the owner of the 
above-described real property located in Coffee County and 
that in all matters relating to the conveyance of the real 
property the State of Georgia is acting by and through its 
State Properties Commission. 
 
                         SECTION 7. 
 
That the above-described real property shall be conveyed by 
appropriate instrument to the Douglas-Coffee County 
Industrial Authority by the State of Georgia, at such time 
as the Department of Public Safety declares the subject 
property surplus to its need, acting by and through the 
State Properties Commission, for a consideration of $10.00 
and such further consideration and provisions as the State 
 
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Properties Commission shall in its discretion determine to 
be in the best interests of the State of Georgia. 
 
                         SECTION 8. 
 
That the Douglas-Coffee County Industrial Authority shall 
construct a new Georgia State Patrol facility acceptable to 
the Georgia State Patrol prior to the Georgia State Patrol 
vacating the current facility. 
 
                         SECTION 9. 
 
That the authorization in this resolution to convey the 
above-described property to the Douglas-Coffee County 
Industrial Authority shall expire three years after the date 
that this resolution becomes effective. 
 
                        SECTION 10. 
 
That the State Properties Commission is authorized and 
empowered to do all acts and things necessary and proper to 
effect such conveyance. 
 
                        SECTION 11. 
 
That the deed of conveyance shall be recorded by the grantee 
in the Superior Court of Coffee County and a recorded copy 
shall be forwarded to the State Properties Commission. 
 
                        ARTICLE III 
 
                        SECTION 12. 
 
That in all matters relating to the conveyance of the real 
herein described state owned property or property interest 
in Chatham County, Georgia, and the acceptance of the herein 
described Theodore I. Jockisch owned real property the State 
of Georgia is acting by and through its State Properties 
Commission. 
 
                        SECTION 13. 
 
That the State of Georgia, acting by and through its State 
Properties Commission, is authorized and empowered to convey 
the herein described 9.57 acres of state owned real property 
in Chatham County by appropriate instrument to Theodore I. 
Jockisch and to accept as consideration therefor from 
Theodore I. Jockisch a conveyance of the above-described 
Theodore I. Jockisch owned real property and such further 
consideration and provisions as the State Properties 
Commission shall in its discretion determine to be in the 
best interests of the State of Georgia. 
 
 
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                        SECTION 14. 
 
That the authorization in this resolution to convey the 
above-described property to Theodore I. Jockisch shall 
expire three years after the date this resolution becomes 
effective. 
 
                        SECTION 15. 
 
That the State Properties Commission is authorized and 
empowered to do all acts and things necessary and proper to 
effect such conveyance. 
 
                        SECTION 16. 
 
That the deed of conveyance shall be recorded by the grantee 
in the Superior Court of Chatham County and a recorded copy 
shall be forwarded to the State Properties Commission. 
 
                         ARTICLE IV 
 
                        SECTION 17. 
 
That the State of Georgia is the owner of the referenced 
above-described real property in Land Lot 1218 of the 16th 
District, Second Section, Cobb County and that, in all 
matters relating to the leasing of said property, the State 
of Georgia is acting by and through its State Properties 
Commission. 
 
                        SECTION 18. 
 
That the State of Georgia, acting by and through its State 
Properties Commission, is authorized to lease the 
above-described tract of land to the City of Marietta for a 
period of ten years commencing with the execution of the 
lease agreement. 
 
                        SECTION 19. 
 
That the consideration for such lease shall be $250.00 per 
year, so long as the property is used for public purposes, 
and such other terms and conditions as may be determined by 
the State Properties Commission to be in the best interests 
of the State of Georgia. 
 
                        SECTION 20. 
 
That any sublease of subject property must be approved by 
the State Properties Commission, and any remuneration 
resulting from a sublease in excess of $250.00 per year is 
to be remitted to the State of Georgia. 
 
 
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                        SECTION 21. 
 
That the State of Georgia, acting by and through its State 
Properties Commission, is authorized to convey the 
above-described tract of land to the City of Marietta for a 
consideration of the fair market value at any time during 
the term of the above-authorized lease, and such further 
terms and conditions as determined by the State Properties 
Commission to be in the best interest of the State of 
Georgia. 
 
                        SECTION 22. 
 
That the authorization in this resolution to lease the 
above-described property to the City of Marietta shall 
expire five years after the date that this resolution 
becomes effective. 
 
                        SECTION 23. 
 
That the State Properties Commission is authorized and 
empowered to do all acts and things necessary and proper to 
effect such leasing. 
 
                        SECTION 24. 
 
That this lease agreement shall be recorded by the grantee 
in the Superior Court of Cobb County and a recorded copy 
shall be forwarded to the State Properties Commission. 
 
                         ARTICLE V 
 
                        SECTION 25. 
 
That Articles I, IV, and V of this resolution shall become 
effective upon their approval by the Governor or upon their 
becoming law without such approval. The remaining articles, 
sections, and provisions of this Act shall become effective 
July 1, 1998. 
 
                        SECTION 26. 
 
All laws and parts of laws in conflict with this resolution 
are repealed. 
 
 
 
 
 
 
 
 
 
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