SR 638 - Fulton Co. - lease of cert. state property

First Reader Summary

A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

Page Numbers - 1/ 2

SR 638 98                                          LC 25 0966 
 
      SENATE RESOLUTION 638 
 
      By:  Senators Oliver of the 42nd and Scott of the 36th 
 
 
                             A RESOLUTION 
 
  1- 1  Authorizing the lease of certain state owned real property 
  1- 2  located in Fulton County, Georgia; to provide an effective 
  1- 3  date; to repeal conflicting laws; and for other purposes. 
 
  1- 4  WHEREAS, the Georgia Department of Transportation is the 
  1- 5  owner of certain real property located in Fulton County, 
  1- 6  Georgia; and 
 
  1- 7  WHEREAS, said real property is described as follows: 
 
  1- 8    All that tract or parcel of land lying and being in Land 
  1- 9    Lot 15 of the 14th Land District of Fulton County, being 
  1-10    more particularly described as follows: 
 
  1-11    BEGINNING at the intersection of the Freedom Parkway with 
  1-12    the western side of Highland Avenue extending westerly 
  1-13    approximately 500 feet to include the right of way area 
  1-14    located within the existing interior curbed area formed by 
  1-15    the westbound lane of the Freedom Parkway, eastbound lane 
  1-16    of the Freedom parkway and the connector lane extending 
  1-17    from the eastbound lane of the Freedom Parkway to the 
  1-18    westbound lane of the Freedom Parkway; 
 
  1-19  and 
 
  1-20  WHEREAS, the Carter Center, Inc., is desirous of obtaining a 
  1-21  lease of the real property in order to enhance the beauty of 
  1-22  the grounds around the Carter Center and to maintain the 
  1-23  real property as a roadside park; and 
 
  1-24  WHEREAS, the Georgia Department of Transportation is in 
  1-25  favor of granting this lease and will receive benefit 
  1-26  therefrom; and 
 
  1-27  WHEREAS, in the case styled DEPARTMENT OF TRANSPORTATION, 
  1-28  STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; 
  1-29  Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA, 
  1-30  Condemnees, and DAVID VAUGHN, et al., Intervenors, being 
  1-31  Civil Action File No. 88-6429-3, Superior Court of DeKalb 
  1-32  County, Georgia, the parties thereto reached a Settlement 
  1-33  Agreement which was made an order of the Superior Court of 
  1-34  DeKalb County by order dated June 25, 1992 ("Order"). 
 
 
 
 
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  2- 1  NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL 
  2- 2  ASSEMBLY OF GEORGIA: 
 
  2- 3                           SECTION 1. 
 
  2- 4  That the Georgia Department of Transportation is the owner 
  2- 5  of the above-described real property and is hereby 
  2- 6  authorized to lease to the Carter Center, Inc., such 
  2- 7  described real property to enhance the beauty of the grounds 
  2- 8  around the Carter Center and to maintain the real property 
  2- 9  as a roadside park. 
 
  2-10                           SECTION 2. 
 
  2-11  That the lease of such real property as provided for in 
  2-12  Section 1 of this resolution shall be granted by appropriate 
  2-13  instrument to the Carter Center, Inc., by the Georgia 
  2-14  Department of Transportation, acting by and through its 
  2-15  commissioner, for a consideration of the continuing 
  2-16  performance by the Carter Center, Inc., of the necessary 
  2-17  maintenance of such real property to ensure its use and 
  2-18  enjoyment as a roadside park in implementation and 
  2-19  compliance with the Order of the Superior Court of DeKalb 
  2-20  County, for the consideration of the structures, 
  2-21  improvements, and enhancements that may be placed upon such 
  2-22  real property, and upon such further conditions and 
  2-23  consideration as determined by the commissioner to be in the 
  2-24  best interest of the State of Georgia. 
 
  2-25                           SECTION 3. 
 
  2-26  That the lease of such real property as provided for in 
  2-27  Section 1 of this resolution shall be for a period of 95 
  2-28  years. 
 
  2-29                           SECTION 4. 
 
  2-30  That this resolution shall become effective upon its 
  2-31  approval by the Governor or upon its becoming law without 
  2-32  such approval. 
 
  2-33                           SECTION 5. 
 
  2-34  That all laws and parts of laws in conflict with this 
  2-35  resolution are repealed. 
 
 
 
 
 
 
 
 
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