| HR 119 - Baldwin, Bibb, Chatham, Cobb, & other counties; grant easements |
First Reader Summary
A RESOLUTION authorizing the granting of nonexclusive easements
for operation and maintenance of utilities, telecommunications,
railroad crossings, water and sanitary sewer lines, access, and
pipelines in, on, over, under, upon, across, or through property
owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb,
Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns
counties; and for other purposes.
| House |
Action |
Senate |
| 1/28/99 |
Read 1st Time |
2/5/99 |
| 1/29/99 |
Read 2nd Time |
2/15/99 |
| 2/3/99 |
Favorably Reported |
2/12/99 |
| 2/4/99 |
Read 3rd Time |
2/17/99 |
| 2/4/99 |
Passed/Adopted |
2/17/99 |
| 4/13/99 |
Sent to Governor |
|
| 4/28/99 |
Signed by Governor |
|
| 7 |
Act/Veto Number |
|
| 4/28/99 |
Effective Date |
|
HR 119 LC 10 2680
A RESOLUTION
1- 1 Authorizing the granting of nonexclusive easements for
1- 2 operation and maintenance of utilities, telecommunications,
1- 3 railroad crossings, water and sanitary sewer lines, access,
1- 4 and pipelines in, on, over, under, upon, across, or through
1- 5 property owned by the State of Georgia in Baldwin, Bibb,
1- 6 Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton,
1- 7 Paulding, and Towns counties, Georgia; to repeal conflicting
1- 8 laws; and for other purposes.
1- 9 WHEREAS, the State of Georgia is the owner of certain real
1-10 property located in Baldwin, Bibb, Chatham, Cobb, Floyd,
1-11 Fulton, Houston, Long, Newton, Paulding, and Towns counties,
1-12 Georgia; and
1-13 WHEREAS, the Georgia Power Company, Macon Water Authority,
1-14 BellSouth Telecommunications Inc., Cobb County, City of
1-15 Rome, Turner Properties, Plantation Pipeline, City of Warner
1-16 Robins, Canoochee EMC, Georgia Transmission Corporation, and
1-17 the Tennessee Valley Authority desire to operate and
1-18 maintain utilities, telecommunications, railroad crossings,
1-19 water and sanitary sewer lines, a loading dock, and
1-20 pipelines in, on, over, under, upon, across, or through a
1-21 portion of said property; and
1-22 WHEREAS, these utilities, telecommunications, railroad
1-23 crossings, water and sanitary sewer lines, access, and
1-24 pipelines in, on, over, under, upon, across, or through the
1-25 above-described state property have been requested or
1-26 approved by the Georgia Forestry Commission, Department of
1-27 Natural Resources, State Properties Commission, Department
1-28 of Human Resources, Georgia National Fairgrounds and
1-29 Agricenter, and Department of Technical and Adult Education,
1-30 with respect to property under the jurisdiction of their
1-31 respective departments.
1-32 NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL
1-33 ASSEMBLY OF GEORGIA:
-1-
2- 1 SECTION 1.
2- 2 That the State of Georgia is the owner of the hereinafter
2- 3 described real property in Baldwin County, and the property
2- 4 is in the custody of the Department of Human Resources,
2- 5 hereinafter referred to as the "easement area" and that, in
2- 6 all matters relating to the easement area, the State of
2- 7 Georgia is acting by and through its State Properties
2- 8 Commission.
2- 9 SECTION 2.
2-10 That the State of Georgia, acting by and through its State
2-11 Properties Commission, may grant to the Georgia Power
2-12 Company, or its successors and assigns, a nonexclusive
2-13 easement for the construction, operation, and maintenance of
2-14 an electrical distribution line in, on, over, under, upon,
2-15 across, or through the easement area for the purpose of
2-16 constructing, erecting, installing, maintaining, repairing,
2-17 replacing, inspecting, and operating an electrical
2-18 distribution line together with the right of ingress and
2-19 egress over adjacent land of the State of Georgia as may be
2-20 reasonably necessary to accomplish the aforesaid purposes.
2-21 Said easement area is located in the 1714th Georgia Militia
2-22 District of Baldwin County, Georgia, and is more
2-23 particularly described as follows:
2-24 That portion and that portion only as shown in yellow on
2-25 Department of Transportation right of way plans prepared
2-26 by R.K. Shah & Associates, Inc. and on file in the offices
2-27 of the State Properties Commission and may be more
2-28 particularly described by a plat of survey prepared by a
2-29 Georgia registered land surveyor and presented to the
2-30 State Properties Commission for approval.
2-31 SECTION 3.
2-32 That the above-described premises shall be used solely for
2-33 the purpose of planning, constructing, erecting, installing,
2-34 maintaining, repairing, replacing, inspecting, and operating
2-35 said electrical distribution lines.
2-36 SECTION 4.
2-37 That Georgia Power Company shall have the right to remove or
2-38 cause to be removed from said easement area only such trees
2-39 and bushes as may be reasonably necessary for the proper
-2-
3- 1 construction, operation, and maintenance of said electrical
3- 2 distribution lines.
3- 3 SECTION 5.
3- 4 That, after Georgia Power Company has put into use the
3- 5 electrical distribution lines for which this easement is
3- 6 granted, a subsequent abandonment of the use thereof shall
3- 7 cause a reversion to the State of Georgia, or its successors
3- 8 and assigns, of all the rights, title, privileges, powers,
3- 9 and easement granted herein. Upon abandonment, Georgia Power
3-10 Company, or its successors and assigns, shall have the
3-11 option of removing its facilities from the easement area or
3-12 leaving the same in place, in which event the facilities
3-13 shall become the property of the State of Georgia, or its
3-14 successors and assigns.
3-15 SECTION 6.
3-16 That no title shall be conveyed to Georgia Power Company
3-17 and, except as herein specifically granted to Georgia Power
3-18 Company, all rights, title, and interest in and to said
3-19 easement area is reserved in the State of Georgia, which may
3-20 make any use of said easement area not inconsistent with or
3-21 detrimental to the rights, privileges, and interest granted
3-22 to Georgia Power Company.
3-23 SECTION 7.
3-24 That if the State of Georgia, acting by and through its
3-25 State Properties Commission, determines that any or all of
3-26 the facilities placed on the easement area should be removed
3-27 or relocated to an alternate site on state owned land in
3-28 order to avoid interference with the state's use or intended
3-29 use of the easement area, it may grant a substantially
3-30 equivalent nonexclusive easement to allow placement of the
3-31 removed or relocated facilities across the alternate site
3-32 under such terms and conditions as the State Properties
3-33 Commission shall in its discretion determine to be in the
3-34 best interests of the State of Georgia; and Georgia Power
3-35 Company shall remove or relocate its facilities to the
3-36 alternate easement area at its sole cost and expense, unless
3-37 the State Properties Commission determines that the
3-38 requested removal or relocation is to be for the sole
3-39 benefit of the State of Georgia and approves payment by the
3-40 State of Georgia of all or a portion of such actual cost and
3-41 expense, not to exceed by 20 percent the amount of a written
3-42 estimate provided by Georgia Power Company. Upon written
3-43 request, the State Properties Commission, in its sole
-3-
4- 1 discretion, may permit the relocation of the facilities to
4- 2 an alternate site on state owned land so long as the removal
4- 3 and relocation is paid by the party or parties requesting
4- 4 such removal and at no cost and expense to the State of
4- 5 Georgia.
4- 6 SECTION 8.
4- 7 That the easement granted to Georgia Power Company shall
4- 8 contain such other reasonable terms, conditions, and
4- 9 covenants as the State Properties Commission shall deem in
4-10 the best interest of the State of Georgia and that the State
4-11 Properties Commission is authorized to use a more accurate
4-12 description of the easement area, so long as the description
4-13 utilized by the State Properties Commission describes the
4-14 same easement area herein granted.
4-15 SECTION 9.
4-16 That the consideration for such easement shall be $10.00 and
4-17 such further consideration and provisions as the State
4-18 Properties Commission may determine to be in the best
4-19 interest of the State of Georgia.
4-20 SECTION 10.
4-21 That this grant of easement shall be recorded by the grantee
4-22 in the Superior Court of Baldwin County and a recorded copy
4-23 shall be forwarded to the State Properties Commission.
4-24 SECTION 11.
4-25 That the authorization in this resolution to grant the
4-26 above-described easement to Georgia Power Company shall
4-27 expire three years after the date that this resolution
4-28 becomes effective.
4-29 SECTION 12.
4-30 That the State Properties Commission is authorized and
4-31 empowered to do all acts and things necessary and proper to
4-32 effect the grant of the easement area.
4-33 SECTION 13.
4-34 That the State of Georgia is the owner of the hereinafter
4-35 described real property in Bibb County, and the property is
4-36 in the custody of the Georgia Forestry Commission,
4-37 hereinafter referred to as the "easement area" and that, in
4-38 all matters relating to the easement area, the State of
-4-
5- 1 Georgia is acting by and through its State Properties
5- 2 Commission.
5- 3 SECTION 14.
5- 4 That the State of Georgia, acting by and through its State
5- 5 Properties Commission, may grant to Georgia Power Company,
5- 6 or its successors and assigns, a nonexclusive easement for
5- 7 the construction, operation, and maintenance of electrical
5- 8 transmission lines in, on, over, under, upon, across, or
5- 9 through the easement area for the purpose of constructing,
5-10 erecting, installing, maintaining, repairing, replacing,
5-11 inspecting, and operating electrical transmission lines
5-12 together with the right of ingress and egress over adjacent
5-13 land of the State of Georgia as may be reasonably necessary
5-14 to accomplish the aforesaid purposes. Said easement area is
5-15 located in Land Lots 106, 107, 112, and 113 of the 7th
5-16 District of Bibb County, Georgia, and is more particularly
5-17 described as follows:
5-18 That portion and that portion only as shown marked in
5-19 yellow on two drawing entitled "Yoshida-Riggins Mill
5-20 Transmission Line" and prepared by Georgia Power Company,
5-21 and on file in the offices of the State Properties
5-22 Commission and may be more particularly described by a
5-23 plat of survey prepared by a Georgia registered land
5-24 surveyor and presented to the State Properties Commission
5-25 for approval.
5-26 SECTION 15.
5-27 That the above-described premises shall be used solely for
5-28 the purpose of planning, constructing, erecting, installing,
5-29 maintaining, repairing, replacing, inspecting, and operating
5-30 said electrical transmission lines.
5-31 SECTION 16.
5-32 That Georgia Power Company shall have the right to remove or
5-33 cause to be removed from said easement area only such trees
5-34 and bushes as may be reasonably necessary for the proper
5-35 construction, operation, and maintenance of said electrical
5-36 transmission lines.
5-37 SECTION 17.
5-38 That, after Georgia Power Company has put into use the
5-39 electrical transmission lines for which this easement is
5-40 granted, a subsequent abandonment of the use thereof shall
5-41 cause a reversion to the State of Georgia, or its successors
-5-
6- 1 and assigns, of all the rights, title, privileges, powers,
6- 2 and easement granted herein. Upon abandonment, Georgia Power
6- 3 Company, or its successors and assigns, shall have the
6- 4 option of removing its facilities from the easement area or
6- 5 leaving the same in place, in which event the facilities
6- 6 shall become the property of the State of Georgia, or its
6- 7 successors and assigns.
6- 8 SECTION 18.
6- 9 That no title shall be conveyed to Georgia Power Company,
6-10 and, except as herein specifically granted to Georgia Power
6-11 Company, all rights, title, and interest in and to said
6-12 easement area is reserved in the State of Georgia, which may
6-13 make any use of said easement area not inconsistent with or
6-14 detrimental to the rights, privileges, and interest granted
6-15 to Georgia Power Company.
6-16 SECTION 19.
6-17 That if the State of Georgia, acting by and through its
6-18 State Properties Commission, determines that any or all of
6-19 the facilities placed on the easement area should be removed
6-20 or relocated to an alternate site on state owned land in
6-21 order to avoid interference with the state's use or intended
6-22 use of the easement area, it may grant a substantially
6-23 equivalent nonexclusive easement to allow placement of the
6-24 removed or relocated facilities across the alternate site
6-25 under such terms and conditions as the State Properties
6-26 Commission shall in its discretion determine to be in the
6-27 best interests of the State of Georgia; and Georgia Power
6-28 Company shall remove or relocate its facilities to the
6-29 alternate easement area at its sole cost and expense, unless
6-30 the State Properties Commission determines that the
6-31 requested removal or relocation is to be for the sole
6-32 benefit of the State of Georgia and approves payment by the
6-33 State of Georgia of all or a portion of such actual cost and
6-34 expense, not to exceed by 20 percent the amount of a written
6-35 estimate provided by Georgia Power Company. Upon written
6-36 request, the State Properties Commission, in its sole
6-37 discretion, may permit the relocation of the facilities to
6-38 an alternate site on state owned land so long as the removal
6-39 and relocation is paid by the party or parties requesting
6-40 such removal and at no cost and expense to the State of
6-41 Georgia.
-6-
7- 1 SECTION 20.
7- 2 That the easement granted to Georgia Power Company shall
7- 3 contain such other reasonable terms, conditions, and
7- 4 covenants as the State Properties Commission shall deem in
7- 5 the best interest of the State of Georgia and that the State
7- 6 Properties Commission is authorized to use a more accurate
7- 7 description of the easement area, so long as the description
7- 8 utilized by the State Properties Commission describes the
7- 9 same easement area herein granted.
7-10 SECTION 21.
7-11 That the consideration for such easement shall be for the
7-12 fair market value, but not less than $650.00, and such
7-13 further consideration and provisions as the State Properties
7-14 Commission may determine to be in the best interest of the
7-15 State of Georgia.
7-16 SECTION 22.
7-17 That this grant of easement shall be recorded by the grantee
7-18 in the Superior Court of Bibb County and a recorded copy
7-19 shall be forwarded to the State Properties Commission.
7-20 SECTION 23.
7-21 That the authorization in this resolution to grant the
7-22 above-described easement to Georgia Power Company shall
7-23 expire three years after the date that this resolution
7-24 becomes effective.
7-25 SECTION 24.
7-26 That the State Properties Commission is authorized and
7-27 empowered to do all acts and things necessary and proper to
7-28 effect the grant of the easement area.
7-29 SECTION 25.
7-30 That the State of Georgia is the owner of the hereinafter
7-31 described real property in Bibb County, and the property is
7-32 in the custody of the Department of Natural Resources,
7-33 hereinafter referred to as the "easement area" and that, in
7-34 all matters relating to the easement area, the State of
7-35 Georgia is acting by and through its State Properties
7-36 Commission.
-7-
8- 1 SECTION 26.
8- 2 That the State of Georgia, acting by and through its State
8- 3 Properties Commission, may grant to the Macon Water
8- 4 Authority, or its successors and assigns, a nonexclusive
8- 5 easement for the construction, operation, and maintenance of
8- 6 a sewage pumping station in, on, over, under, upon, across,
8- 7 or through the easement area for the purpose of
8- 8 constructing, erecting, installing, maintaining, repairing,
8- 9 replacing, inspecting, and operating a sewage pumping
8-10 station together with the right of ingress and egress over
8-11 adjacent land of the State of Georgia as may be reasonably
8-12 necessary to accomplish the aforesaid purposes. Said
8-13 easement area is located at the Echeconnee Creek Natural
8-14 Area in Bibb County, Georgia, and is more particularly
8-15 described as follows:
8-16 That portion and that portion only as shown in yellow on a
8-17 plat of survey entitled "Boundary Survey" prepared by
8-18 Charles H. Jackson, Georgia Registered Land Surveyor No.
8-19 2351, dated December 19, 1997, and on file in the offices
8-20 of the State Properties Commission and may be more
8-21 particularly described by a plat of survey prepared by a
8-22 Georgia registered land surveyor and presented to the
8-23 State Properties Commission for approval.
8-24 SECTION 27.
8-25 That the above-described premises shall be used solely for
8-26 the purpose of planning, constructing, erecting, installing,
8-27 maintaining, repairing, replacing, inspecting, and operating
8-28 said sewage pumping station.
8-29 SECTION 28.
8-30 That the Macon Water Authority shall have the right to
8-31 remove or cause to be removed from said easement area only
8-32 such trees and bushes as may be reasonably necessary for the
8-33 proper construction, operation, and maintenance of said
8-34 sewage pumping station.
8-35 SECTION 29.
8-36 That, after the Macon Water Authority has put into use the
8-37 sewage pumping station for which this easement is granted, a
8-38 subsequent abandonment of the use thereof shall cause a
8-39 reversion to the State of Georgia, or its successors and
8-40 assigns, of all the rights, title, privileges, powers, and
8-41 easement granted herein. Upon abandonment, the Macon Water
8-42 Authority, or its successors and assigns, shall have the
-8-
9- 1 option of removing its facilities from the easement area or
9- 2 leaving the same in place, in which event the facilities
9- 3 shall become the property of the State of Georgia, or its
9- 4 successors and assigns.
9- 5 SECTION 30.
9- 6 That no title shall be conveyed to the Macon Water
9- 7 Authority, and, except as herein specifically granted to the
9- 8 Macon Water Authority, all rights, title, and interest in
9- 9 and to said easement area is reserved in the State of
9-10 Georgia, which may make any use of said easement area not
9-11 inconsistent with or detrimental to the rights, privileges,
9-12 and interest granted to the Macon Water Authority.
9-13 SECTION 31.
9-14 That if the State of Georgia, acting by and through its
9-15 State Properties Commission, determines that any or all of
9-16 the facilities placed on the easement area should be removed
9-17 or relocated to an alternate site on state owned land in
9-18 order to avoid interference with the state's use or intended
9-19 use of the easement area, it may grant a substantially
9-20 equivalent nonexclusive easement to allow placement of the
9-21 removed or relocated facilities across the alternate site
9-22 under such terms and conditions as the State Properties
9-23 Commission shall in its discretion determine to be in the
9-24 best interests of the State of Georgia; and the Macon Water
9-25 Authority shall remove or relocate its facilities to the
9-26 alternate easement area at its sole cost and expense, unless
9-27 the State Properties Commission determines that the
9-28 requested removal or relocation is to be for the sole
9-29 benefit of the State of Georgia and approves payment by the
9-30 State of Georgia of all or a portion of such actual cost and
9-31 expense, not to exceed by 20 percent the amount of a written
9-32 estimate provided by the Macon Water Authority. Upon
9-33 written request, the State Properties Commission, in its
9-34 sole discretion, may permit the relocation of the facilities
9-35 to an alternate site on state owned land so long as the
9-36 removal and relocation is paid by the party or parties
9-37 requesting such removal and at no cost and expense to the
9-38 State of Georgia.
9-39 SECTION 32.
9-40 That the easement granted to the Macon Water Authority shall
9-41 contain such other reasonable terms, conditions, and
9-42 covenants as the State Properties Commission shall deem in
9-43 the best interest of the State of Georgia and that the State
-9-
10- 1 Properties Commission is authorized to use a more accurate
10- 2 description of the easement area, so long as the description
10- 3 utilized by the State Properties Commission describes the
10- 4 same easement area herein granted.
10- 5 SECTION 33.
10- 6 That the consideration for such easement shall be the fair
10- 7 market value, but not less than $650.00, and such further
10- 8 consideration and provisions as the State Properties
10- 9 Commission may determine to be in the best interest of the
10-10 State of Georgia.
10-11 SECTION 34.
10-12 That this grant of easement shall be recorded by the grantee
10-13 in the Superior Court of Bibb County and a recorded copy
10-14 shall be forwarded to the State Properties Commission.
10-15 SECTION 35.
10-16 That the authorization in this resolution to grant the
10-17 above-described easement to the Macon Water Authority shall
10-18 expire three years after the date that this resolution
10-19 becomes effective.
10-20 SECTION 36.
10-21 That the State Properties Commission is authorized and
10-22 empowered to do all acts and things necessary and proper to
10-23 effect the grant of the easement area.
10-24 SECTION 37.
10-25 That the State of Georgia is the owner of the hereinafter
10-26 described real property in Chatham County, and the property
10-27 is in the custody of the Department of Natural Resources,
10-28 hereinafter referred to as the "easement area" and that, in
10-29 all matters relating to the easement area, the State of
10-30 Georgia is acting by and through its State Properties
10-31 Commission.
10-32 SECTION 38.
10-33 That the State of Georgia, acting by and through its State
10-34 Properties Commission, may grant to BellSouth
10-35 Telecommunications Inc., or its successors and assigns, a
10-36 nonexclusive easement for the construction, operation, and
10-37 maintenance of a telecommunications line and channel in, on,
10-38 over, under, upon, across, or through the easement area for
-10-
11- 1 the purpose of constructing, erecting, installing,
11- 2 maintaining, repairing, replacing, inspecting, and operating
11- 3 a telecommunications line and channel together with the
11- 4 right of ingress and egress over adjacent land of the State
11- 5 of Georgia as may be reasonably necessary to accomplish the
11- 6 aforesaid purposes. Said easement area is located beneath
11- 7 the Savannah River in Chatham County, Georgia, and is more
11- 8 particularly described as follows:
11- 9 That portion and that portion only as shown in yellow on a
11-10 plat of survey entitled "Plat of a 50' Utility Easement
11-11 Across the Savannah River" prepared by James H. Simms,
11-12 dated September 3, 1997, and on file in the offices of the
11-13 State Properties Commission and may be more particularly
11-14 described by a plat of survey prepared by a Georgia
11-15 registered land surveyor and presented to the State
11-16 Properties Commission for approval.
11-17 SECTION 39.
11-18 That the above-described premises shall be used solely for
11-19 the purpose of planning, constructing, erecting, installing,
11-20 maintaining, repairing, replacing, inspecting, and operating
11-21 said telecommunications line and channel.
11-22 SECTION 40.
11-23 That BellSouth Telecommunications Inc. shall have the right
11-24 to remove or cause to be removed from said easement area
11-25 only such trees and bushes as may be reasonably necessary
11-26 for the proper construction, operation, and maintenance of
11-27 said telecommunications line and channel.
11-28 SECTION 41.
11-29 That, after BellSouth Telecommunications Inc. has put into
11-30 use the telecommunications line and channel for which this
11-31 easement is granted, a subsequent abandonment of the use
11-32 thereof shall cause a reversion to the State of Georgia, or
11-33 its successors and assigns, of all the rights, title,
11-34 privileges, powers, and easement granted herein. Upon
11-35 abandonment, BellSouth Telecommunications Inc., or its
11-36 successors and assigns, shall have the option of removing
11-37 its facilities from the easement area or leaving the same in
11-38 place, in which event the facilities shall become the
11-39 property of the State of Georgia, or its successors and
11-40 assigns.
-11-
12- 1 SECTION 42.
12- 2 That no title shall be conveyed to BellSouth
12- 3 Telecommunications Inc., and, except as herein specifically
12- 4 granted to BellSouth Telecommunications Inc., all rights,
12- 5 title, and interest in and to said easement area is reserved
12- 6 in the State of Georgia, which may make any use of said
12- 7 easement area not inconsistent with or detrimental to the
12- 8 rights, privileges, and interest granted to BellSouth
12- 9 Telecommunications Inc.
12-10 SECTION 43.
12-11 That if the State of Georgia, acting by and through its
12-12 State Properties Commission, determines that any or all of
12-13 the facilities placed on the easement area should be removed
12-14 or relocated to an alternate site on state owned land in
12-15 order to avoid interference with the state's use or intended
12-16 use of the easement area, it may grant a substantially
12-17 equivalent nonexclusive easement to allow placement of the
12-18 removed or relocated facilities across the alternate site
12-19 under such terms and conditions as the State Properties
12-20 Commission shall in its discretion determine to be in the
12-21 best interests of the State of Georgia; and BellSouth
12-22 Telecommunications Inc. shall remove or relocate its
12-23 facilities to the alternate easement area at its sole cost
12-24 and expense, unless the State Properties Commission
12-25 determines that the requested removal or relocation is to be
12-26 for the sole benefit of the State of Georgia and approves
12-27 payment by the State of Georgia of all or a portion of such
12-28 actual cost and expense, not to exceed by 20 percent the
12-29 amount of a written estimate provided by BellSouth
12-30 Telecommunications Inc. Upon written request, the State
12-31 Properties Commission, in its sole discretion, may permit
12-32 the relocation of the facilities to an alternate site on
12-33 state owned land so long as the removal and relocation is
12-34 paid by the party or parties requesting such removal and at
12-35 no cost and expense to the State of Georgia.
12-36 SECTION 44.
12-37 That the easement granted to BellSouth Telecommunications
12-38 Inc. shall contain such other reasonable terms, conditions,
12-39 and covenants as the State Properties Commission shall deem
12-40 in the best interest of the State of Georgia and that the
12-41 State Properties Commission is authorized to use a more
12-42 accurate description of the easement area, so long as the
-12-
13- 1 description utilized by the State Properties Commission
13- 2 describes the same easement area herein granted.
13- 3 SECTION 45.
13- 4 That the consideration for such easement shall be the fair
13- 5 market value, but not less than $650.00, and such further
13- 6 consideration and provisions as the State Properties
13- 7 Commission may determine to be in the best interest of the
13- 8 State of Georgia.
13- 9 SECTION 46.
13-10 That this grant of easement shall be recorded by the grantee
13-11 in the Superior Court of Chatham County and a recorded copy
13-12 shall be forwarded to the State Properties Commission.
13-13 SECTION 47.
13-14 That the authorization in this resolution to grant the
13-15 above-described easement to BellSouth Telecommunications
13-16 Inc. shall expire three years after the date that this
13-17 resolution becomes effective.
13-18 SECTION 48.
13-19 That the State Properties Commission is authorized and
13-20 empowered to do all acts and things necessary and proper to
13-21 effect the grant of the easement area.
13-22 SECTION 49.
13-23 That the State of Georgia is the owner of the hereinafter
13-24 described real property in Cobb County, and the property is
13-25 in the custody of the State Properties Commission,
13-26 hereinafter referred to as the "easement area" and that, in
13-27 all matters relating to the easement area, the State of
13-28 Georgia is acting by and through its State Properties
13-29 Commission.
13-30 SECTION 50.
13-31 That the State of Georgia, acting by and through its State
13-32 Properties Commission, may grant to Cobb County, or its
13-33 successors and assigns, a nonexclusive easement for the
13-34 construction, operation, and maintenance of railroad
13-35 crossings in, on, over, under, upon, across, or through the
13-36 easement area for the purpose of constructing, erecting,
13-37 installing, maintaining, repairing, replacing, inspecting,
13-38 and operating railroad crossings together with the right of
-13-
14- 1 ingress and egress over adjacent land of the State of
14- 2 Georgia as may be reasonably necessary to accomplish the
14- 3 aforesaid purposes. Said easement areas are located in Land
14- 4 Lots 62 and 251 of the 20th District of Cobb County,
14- 5 Georgia, and is more particularly described as follows:
14- 6 That portion and that portion only as shown on those
14- 7 drawings entitled "Baker/Jiles Road Connector, Cobb County
14- 8 Project No. 7174"; Barrett Parkway Extension from Dallas
14- 9 Highway to U.S. 41, Cobb County Project No. 4225; and
14-10 Atlanta Road from Fulton County Line to I-285, Cobb County
14-11 Project No. 4215; each being on file in the offices of the
14-12 State Properties Commission, and may be more particularly
14-13 described by a plat of survey prepared by a Georgia
14-14 registered land surveyor and presented to the State
14-15 Properties Commission for approval.
14-16 SECTION 51.
14-17 That the above-described premises shall be used solely for
14-18 the purpose of planning, constructing, erecting, installing,
14-19 maintaining, repairing, replacing, inspecting, and operating
14-20 said railroad crossings.
14-21 SECTION 52.
14-22 That Cobb County shall have the right to remove or cause to
14-23 be removed from said easement area only such trees and
14-24 bushes as may be reasonably necessary for the proper
14-25 construction, operation, and maintenance of said railroad
14-26 crossings.
14-27 SECTION 53.
14-28 That, after Cobb County has put into use the railroad
14-29 crossings for which this easement is granted, a subsequent
14-30 abandonment of the use thereof shall cause a reversion to
14-31 the State of Georgia, or its successors and assigns, of all
14-32 the rights, title, privileges, powers, and easement granted
14-33 herein. Upon abandonment, Cobb County, or its successors
14-34 and assigns, shall have the option of removing its
14-35 facilities from the easement area or leaving the same in
14-36 place, in which event the facilities shall become the
14-37 property of the State of Georgia, or its successors and
14-38 assigns.
14-39 SECTION 54.
14-40 That no title shall be conveyed to Cobb County and, except
14-41 as herein specifically granted to Cobb County, all rights,
-14-
15- 1 title, and interest in and to said easement area is reserved
15- 2 in the State of Georgia, which may make any use of said
15- 3 easement area not inconsistent with or detrimental to the
15- 4 rights, privileges, and interest granted to Cobb County.
15- 5 SECTION 55.
15- 6 That if the State of Georgia, acting by and through its
15- 7 State Properties Commission, determines that any or all of
15- 8 the facilities placed on the easement area should be removed
15- 9 or relocated to an alternate site on state owned land in
15-10 order to avoid interference with the state's use or intended
15-11 use of the easement area, it may grant a substantially
15-12 equivalent nonexclusive easement to allow placement of the
15-13 removed or relocated facilities across the alternate site
15-14 under such terms and conditions as the State Properties
15-15 Commission shall in its discretion determine to be in the
15-16 best interests of the State of Georgia; and Cobb County
15-17 shall remove or relocate its facilities to the alternate
15-18 easement area at its sole cost and expense, unless the State
15-19 Properties Commission determines that the requested removal
15-20 or relocation is to be for the sole benefit of the State of
15-21 Georgia and approves payment by the State of Georgia of all
15-22 or a portion of such actual cost and expense, not to exceed
15-23 by 20 percent the amount of a written estimate provided by
15-24 Cobb County. Upon written request, the State Properties
15-25 Commission, in its sole discretion, may permit the
15-26 relocation of the facilities to an alternate site on state
15-27 owned land so long as the removal and relocation is paid by
15-28 the party or parties requesting such removal and at no cost
15-29 and expense to the State of Georgia.
15-30 SECTION 56.
15-31 That the easement granted to Cobb County shall contain such
15-32 other reasonable terms, conditions, and covenants as the
15-33 State Properties Commission shall deem in the best interest
15-34 of the State of Georgia and that the State Properties
15-35 Commission is authorized to use a more accurate description
15-36 of the easement area, so long as the description utilized by
15-37 the State Properties Commission describes the same easement
15-38 area herein granted.
15-39 SECTION 57.
15-40 That the consideration for such easement shall be the fair
15-41 market value, but not less than $650.00, and such further
15-42 consideration and provisions as the State Properties
-15-
16- 1 Commission may determine to be in the best interest of the
16- 2 State of Georgia.
16- 3 SECTION 58.
16- 4 That this grant of easement shall be recorded by the grantee
16- 5 in the Superior Court of Cobb County and a recorded copy
16- 6 shall be forwarded to the State Properties Commission.
16- 7 SECTION 59.
16- 8 That the authorization in this resolution to grant the
16- 9 above-described easement to Cobb County shall expire three
16-10 years after the date that this resolution becomes effective.
16-11 SECTION 60.
16-12 That the State Properties Commission is authorized and
16-13 empowered to do all acts and things necessary and proper to
16-14 effect the grant of the easement area.
16-15 SECTION 61.
16-16 That the State of Georgia is the owner of the hereinafter
16-17 described real property in Floyd County, and the property is
16-18 in the custody of the Department of Human Resources,
16-19 hereinafter referred to as the "easement area" and that, in
16-20 all matters relating to the easement area, the State of
16-21 Georgia is acting by and through its State Properties
16-22 Commission.
16-23 SECTION 62.
16-24 That the State of Georgia, acting by and through its State
16-25 Properties Commission, may grant to Georgia Power Company,
16-26 or its successors and assigns, a nonexclusive easement for
16-27 the construction, operation, and maintenance of electrical
16-28 distribution lines in, on, over, under, upon, across, or
16-29 through the easement area for the purpose of constructing,
16-30 erecting, installing, maintaining, repairing, replacing,
16-31 inspecting, and operating electrical distribution lines,
16-32 together with the right of ingress and egress over adjacent
16-33 land of the State of Georgia as may be reasonably necessary
16-34 to accomplish the aforesaid purposes. Said easement area is
16-35 located in Land Lot 200 of the 23rd District of Floyd
16-36 County, Georgia, and is more particularly described as
16-37 follows:
16-38 That portion and that portion only as shown marked in
16-39 yellow on a drawing entitled "Division Street Distribution
-16-
17- 1 Line Crossing the Property of State of Georgia" prepared
17- 2 by Georgia Power Company and being on file in the offices
17- 3 of the State Properties Commission and may be more
17- 4 particularly described by a plat of survey prepared by a
17- 5 Georgia registered land surveyor and presented to the
17- 6 State Properties Commission for approval.
17- 7 SECTION 63.
17- 8 That the above-described premises shall be used solely for
17- 9 the purpose of planning, constructing, erecting, installing,
17-10 maintaining, repairing, replacing, inspecting, and operating
17-11 said electrical distribution lines.
17-12 SECTION 64.
17-13 That Georgia Power Company shall have the right to remove or
17-14 cause to be removed from said easement area only such trees
17-15 and bushes as may be reasonably necessary for the proper
17-16 construction, operation, and maintenance of said electrical
17-17 distribution utility lines.
17-18 SECTION 65.
17-19 That, after Georgia Power Company has put into use the
17-20 electrical distribution lines for which this easement is
17-21 granted, a subsequent abandonment of the use thereof shall
17-22 cause a reversion to the State of Georgia, or its successors
17-23 and assigns, of all the rights, title, privileges, powers,
17-24 and easement granted herein. Upon abandonment, Georgia Power
17-25 Company, or its successors and assigns, shall have the
17-26 option of removing its facilities from the easement area or
17-27 leaving the same in place, in which event the facilities
17-28 shall become the property of the State of Georgia, or its
17-29 successors and assigns.
17-30 SECTION 66.
17-31 That no title shall be conveyed to Georgia Power Company
17-32 and, except as herein specifically granted to Georgia Power
17-33 Company, all rights, title, and interest in and to said
17-34 easement area is reserved in the State of Georgia, which may
17-35 make any use of said easement area not inconsistent with or
17-36 detrimental to the rights, privileges, and interest granted
17-37 to Georgia Power Company.
17-38 SECTION 67.
17-39 That if the State of Georgia, acting by and through its
17-40 State Properties Commission, determines that any or all of
17-41 the facilities placed on the easement area should be removed
-17-
18- 1 or relocated to an alternate site on state owned land in
18- 2 order to avoid interference with the state's use or intended
18- 3 use of the easement area, it may grant a substantially
18- 4 equivalent nonexclusive easement to allow placement of the
18- 5 removed or relocated facilities across the alternate site
18- 6 under such terms and conditions as the State Properties
18- 7 Commission shall in its discretion determine to be in the
18- 8 best interests of the State of Georgia; and Georgia Power
18- 9 Company shall remove or relocate its facilities to the
18-10 alternate easement area at its sole cost and expense, unless
18-11 the State Properties Commission determines that the
18-12 requested removal or relocation is to be for the sole
18-13 benefit of the State of Georgia and approves payment by the
18-14 State of Georgia of all or a portion of such actual cost and
18-15 expense, not to exceed by 20 percent the amount of a written
18-16 estimate provided by Georgia Power Company. Upon written
18-17 request, the State Properties Commission, in its sole
18-18 discretion, may permit the relocation of the facilities to
18-19 an alternate site on state owned land so long as the removal
18-20 and relocation is paid by the party or parties requesting
18-21 such removal and at no cost and expense to the State of
18-22 Georgia.
18-23 SECTION 68.
18-24 That the easement granted to Georgia Power Company shall
18-25 contain such other reasonable terms, conditions, and
18-26 covenants as the State Properties Commission shall deem in
18-27 the best interest of the State of Georgia and that the State
18-28 Properties Commission is authorized to use a more accurate
18-29 description of the easement area, so long as the description
18-30 utilized by the State Properties Commission describes the
18-31 same easement area herein granted.
18-32 SECTION 69.
18-33 That the consideration for such easement shall be $10.00 and
18-34 such further consideration and provisions as the State
18-35 Properties Commission may determine to be in the best
18-36 interest of the State of Georgia.
18-37 SECTION 70.
18-38 That this grant of easement shall be recorded by the grantee
18-39 in the Superior Court of Floyd County and a recorded copy
18-40 shall be forwarded to the State Properties Commission.
-18-
19- 1 SECTION 71.
19- 2 That the authorization in this resolution to grant the
19- 3 above-described easement to Georgia Power Company shall
19- 4 expire three years after the date that this resolution
19- 5 becomes effective.
19- 6 SECTION 72.
19- 7 That the State Properties Commission is authorized and
19- 8 empowered to do all acts and things necessary and proper to
19- 9 effect the grant of the easement area.
19-10 SECTION 73.
19-11 That the State of Georgia is the owner of the hereinafter
19-12 described real property in Floyd County, Georgia, and the
19-13 property is in the custody of the Department of Human
19-14 Resources, hereinafter referred to as the "easement area"
19-15 and that, in all matters relating to the easement area, the
19-16 State of Georgia is acting by and through its State
19-17 Properties Commission.
19-18 SECTION 74.
19-19 That the State of Georgia, acting by and through its State
19-20 Properties Commission, may grant to the City of Rome, Floyd
19-21 County, or its successors and assigns, a nonexclusive
19-22 easement for the construction, operation, and maintenance of
19-23 water and sanitary sewer lines in, on, over, under, upon,
19-24 across, or through the easement area for the purpose of
19-25 constructing, erecting, installing, maintaining, repairing,
19-26 replacing, inspecting, and operating water and sanitary
19-27 sewer lines together with the right of ingress and egress
19-28 over adjacent land of the State of Georgia as may be
19-29 reasonably necessary to accomplish the aforesaid purposes.
19-30 Said easement area is located in Land Lot 200 of the 23rd
19-31 District of Floyd County, Georgia, and is more particularly
19-32 described as follows:
19-33 That portion and that portion only as shown marked in
19-34 orange on an Engineering Drawing entitled "Property of
19-35 State of Georgia" dated February 13, 1998, prepared by
19-36 Williams, Sweitzer and Barnum, Inc., and being on file in
19-37 the offices of the State Properties Commission and may be
19-38 more particularly described on a plat of survey prepared
19-39 by a Georgia registered land surveyor and presented to the
19-40 State Properties Commission for approval.
-19-
20- 1 SECTION 75.
20- 2 That the above-described premises shall be used solely for
20- 3 the purpose of planning, constructing, installing,
20- 4 maintaining, repairing, replacing, inspecting, and operating
20- 5 said water and sanitary sewer lines.
20- 6 SECTION 76.
20- 7 That the City of Rome, Floyd County, shall have the right to
20- 8 remove or cause to be removed from said easement area only
20- 9 such trees and bushes as may be reasonably necessary for the
20-10 proper construction, operation, and maintenance of said
20-11 water and sanitary sewer lines.
20-12 SECTION 77.
20-13 That, after the City of Rome, Floyd County, has put into use
20-14 the water and sanitary sewer lines for which this easement
20-15 is granted, a subsequent abandonment of the use thereof
20-16 shall cause a reversion to the State of Georgia, or its
20-17 successors and assigns, of all the rights, title,
20-18 privileges, powers, and easement granted herein. Upon
20-19 abandonment, the City of Rome, Floyd County, or its
20-20 successors and assigns, shall have the option of removing
20-21 its facilities from the easement area or leaving the same in
20-22 place, in which event the facilities shall become the
20-23 property of the State of Georgia, or its successors and
20-24 assigns.
20-25 SECTION 78.
20-26 That no title shall be conveyed to the City of Rome, Floyd
20-27 County, and, except as herein specifically granted to the
20-28 City of Rome, Floyd County, all rights, title, and interest
20-29 in and to said easement area is reserved in the State of
20-30 Georgia, which may make any use of said easement area not
20-31 inconsistent with or detrimental to the rights, privileges,
20-32 and interest granted to the City of Rome, Floyd County.
20-33 SECTION 79.
20-34 That if the State of Georgia, acting by and through its
20-35 State Properties Commission, determines that any or all of
20-36 the facilities placed on the easement area should be removed
20-37 or relocated to an alternate site on state owned land in
20-38 order to avoid interference with the state's use or intended
20-39 use of the easement area, it may grant a substantially
20-40 equivalent nonexclusive easement to allow placement of the
20-41 removed or relocated facilities across the alternate site
-20-
21- 1 under such terms and conditions as the State Properties
21- 2 Commission shall in its discretion determine to be in the
21- 3 best interests of the State of Georgia; and the City of
21- 4 Rome, Floyd County, shall remove or relocate its facilities
21- 5 to the alternate easement area at its sole cost and expense,
21- 6 unless the State Properties Commission determines that the
21- 7 requested removal or relocation is to be for the sole
21- 8 benefit of the State of Georgia and approves payment by the
21- 9 State of Georgia of all or a portion of such actual cost and
21-10 expense, not to exceed by 20 percent the amount of a written
21-11 estimate provided by the City of Rome, Floyd County. Upon
21-12 written request, the State Properties Commission, in its
21-13 sole discretion, may permit the relocation of the facilities
21-14 to an alternate site on state owned land so long as the
21-15 removal and relocation is paid by the party or parties
21-16 requesting such removal and at no cost and expense to the
21-17 State of Georgia.
21-18 SECTION 80.
21-19 That the easement granted to the City of Rome, Floyd County,
21-20 shall contain such other reasonable terms, conditions, and
21-21 covenants as the State Properties Commission shall deem in
21-22 the best interest of the State of Georgia and that the State
21-23 Properties Commission is authorized to use a more accurate
21-24 description of the easement area, so long as the description
21-25 utilized by the State Properties Commission describes the
21-26 same easement area herein granted.
21-27 SECTION 81.
21-28 That the consideration for such easement shall be $10.00 and
21-29 such further consideration and provisions as the State
21-30 Properties Commission may determine to be in the best
21-31 interest of the State of Georgia.
21-32 SECTION 82.
21-33 That this grant of easement shall be recorded by the grantee
21-34 in the Superior Court of Floyd County, and a recorded copy
21-35 shall be forwarded to the State Properties Commission.
21-36 SECTION 83.
21-37 That the authorization in this resolution to grant the
21-38 above-described easement to the City of Rome, Floyd County,
21-39 shall expire three years after the date that this resolution
21-40 becomes effective.
-21-
22- 1 SECTION 84.
22- 2 That the State Properties Commission is authorized and
22- 3 empowered to do all acts and things necessary and proper to
22- 4 effect the grant of the easement area.
22- 5 SECTION 85.
22- 6 That the State of Georgia is the owner of the hereinafter
22- 7 described real property in Floyd County, Georgia, and the
22- 8 property is in the custody of the Department of Human
22- 9 Resources, hereinafter referred to as the "easement area"
22-10 and that, in all matters relating to the easement area, the
22-11 State of Georgia is acting by and through its State
22-12 Properties Commission.
22-13 SECTION 86.
22-14 That the State of Georgia, acting by and through its State
22-15 Properties Commission, may grant to BellSouth
22-16 Telecommunications Inc., or its successors and assigns, a
22-17 nonexclusive easement for the construction, operation, and
22-18 maintenance of a telecommunications equipment vault in, on,
22-19 over, under, upon, across, or through the easement area for
22-20 the purpose of constructing, installing, maintaining,
22-21 repairing, replacing, inspecting, and operating a
22-22 telecommunications equipment vault together with the right
22-23 of ingress and egress over adjacent land of the State of
22-24 Georgia as may be reasonably necessary to accomplish the
22-25 aforesaid purposes. Said easement area is located in Land
22-26 Lot 202 of the 23rd District of Floyd County, Georgia, and
22-27 is more particularly described as follows:
22-28 That portion and that portion only as shown marked in
22-29 yellow on a Department of Transportation Right-of-Way Map
22-30 provided by BellSouth Telecommunications Inc., and on file
22-31 in the offices of the State Properties Commission and may
22-32 be more particularly described by a plat of survey
22-33 prepared by a Georgia registered land surveyor and
22-34 presented to the State Properties Commission for approval.
22-35 SECTION 87.
22-36 That the above-described premises shall be used solely for
22-37 the purpose of planning, constructing, installing,
22-38 maintaining, repairing, replacing, inspecting, and operating
22-39 said telecommunications equipment vault.
-22-
23- 1 SECTION 88.
23- 2 That BellSouth Telecommunications Inc. shall have the right
23- 3 to remove or cause to be removed from said easement area
23- 4 only such trees and bushes as may be reasonably necessary
23- 5 for the proper construction, operation, and maintenance of
23- 6 said telecommunications equipment vault.
23- 7 SECTION 89.
23- 8 That, after BellSouth Telecommunications Inc. has put into
23- 9 use the telecommunications equipment vault for which this
23-10 easement is granted, a subsequent abandonment of the use
23-11 thereof shall cause a reversion to the State of Georgia, or
23-12 its successors and assigns, of all the rights, title,
23-13 privileges, powers, and easement granted herein. Upon
23-14 abandonment, BellSouth Telecommunications Inc., or its
23-15 successors and assigns, shall have the option of removing
23-16 its facilities from the easement area or leaving the same in
23-17 place, in which event the facilities shall become the
23-18 property of the State of Georgia, or its successors and
23-19 assigns.
23-20 SECTION 90.
23-21 That no title shall be conveyed to BellSouth
23-22 Telecommunications Inc., and, except as herein specifically
23-23 granted to BellSouth Telecommunications Inc., all rights,
23-24 title, and interest in and to said easement area is reserved
23-25 in the State of Georgia, which may make any use of said
23-26 easement area not inconsistent with or detrimental to the
23-27 rights, privileges, and interest granted to BellSouth
23-28 Telecommunications Inc.
23-29 SECTION 91.
23-30 That if the State of Georgia, acting by and through its
23-31 State Properties Commission, determines that any or all of
23-32 the facilities placed on the easement area should be removed
23-33 or relocated to an alternate site on state owned land in
23-34 order to avoid interference with the state's use or intended
23-35 use of the easement area, it may grant a substantially
23-36 equivalent nonexclusive easement to allow placement of the
23-37 removed or relocated facilities across the alternate site
23-38 under such terms and conditions as the State Properties
23-39 Commission shall in its discretion determine to be in the
23-40 best interests of the State of Georgia; and BellSouth
23-41 Telecommunications Inc. shall remove or relocate its
23-42 facilities to the alternate easement area at its sole cost
-23-
24- 1 and expense, unless the State Properties Commission
24- 2 determines that the requested removal or relocation is to be
24- 3 for the sole benefit of the State of Georgia and approves
24- 4 payment by the State of Georgia of all or a portion of such
24- 5 actual cost and expense, not to exceed by 20 percent the
24- 6 amount of a written estimate provided by BellSouth
24- 7 Telecommunications Inc. Upon written request, the State
24- 8 Properties Commission, in its sole discretion, may permit
24- 9 the relocation of the facilities to an alternate site on
24-10 state owned land so long as the removal and relocation is
24-11 paid by the party or parties requesting such removal and at
24-12 no cost and expense to the State of Georgia.
24-13 SECTION 92.
24-14 That the easement granted to BellSouth Telecommunications
24-15 Inc. shall contain such other reasonable terms, conditions,
24-16 and covenants as the State Properties Commission shall deem
24-17 in the best interest of the State of Georgia and that the
24-18 State Properties Commission is authorized to use a more
24-19 accurate description of the easement area, so long as the
24-20 description utilized by the State Properties Commission
24-21 describes the same easement area herein granted.
24-22 SECTION 93.
24-23 That the consideration for such easement shall be $10.00 and
24-24 such further consideration and provisions as the State
24-25 Properties Commission may determine to be in the best
24-26 interest of the State of Georgia.
24-27 SECTION 94.
24-28 That this grant of easement shall be recorded by the grantee
24-29 in the Superior Court of Floyd County and a recorded copy
24-30 shall be forwarded to the State Properties Commission.
24-31 SECTION 95.
24-32 That the authorization in this resolution to grant the
24-33 above-described easement to BellSouth Telecommunications
24-34 Inc. shall expire three years after the date that this
24-35 resolution becomes effective.
24-36 SECTION 96.
24-37 That the State Properties Commission is authorized and
24-38 empowered to do all acts and things necessary and proper to
24-39 effect the grant of the easement area.
-24-
25- 1 SECTION 97.
25- 2 That the State of Georgia is the owner of the hereinafter
25- 3 described real property in Fulton County, and the property
25- 4 is in the custody of the Georgia World Congress Center,
25- 5 hereinafter referred to as the "easement area" and that, in
25- 6 all matters relating to the easement area, the State of
25- 7 Georgia is acting by and through its State Properties
25- 8 Commission.
25- 9 SECTION 98.
25-10 That the State of Georgia, acting by and through its State
25-11 Properties Commission, may grant to Turner Properties, or
25-12 its successors and assigns, a nonexclusive easement for the
25-13 operation and maintenance of a loading dock in, on, over,
25-14 under, upon, across, or through the easement area for the
25-15 purpose of constructing, installing, maintaining, repairing,
25-16 inspecting, and operating a loading dock together with the
25-17 right of ingress and egress over adjacent land of the State
25-18 of Georgia as may be reasonably necessary to accomplish the
25-19 aforesaid purposes. Said easement area is located at the
25-20 Georgia World Congress Center in Fulton County, Georgia, and
25-21 is more particularly described as follows:
25-22 That portion and that portion only as shown marked in
25-23 yellow on a plat of survey dated July 8, 1998 entitled
25-24 "Part of the Omni Arena Project", prepared by Larry W.
25-25 Clark, Georgia Registered land Surveyor No. 1709, and on
25-26 file in the offices of the State Properties Commission and
25-27 may be more particularly described by a plat of survey
25-28 prepared by a Georgia registered land surveyor and
25-29 presented to the State Properties Commission for approval.
25-30 SECTION 99.
25-31 That the above-described premises shall be used solely for
25-32 the purpose of planning, constructing, installing,
25-33 maintaining, repairing, inspecting, and operating said
25-34 loading dock.
25-35 SECTION 100.
25-36 That, after Turner Properties has put into use the loading
25-37 dock for which this easement is granted, a subsequent
25-38 abandonment of the use thereof shall cause a reversion to
25-39 the State of Georgia, or its successors and assigns, of all
25-40 the rights, title, privileges, powers, and easement granted
-25-
26- 1 herein. Upon abandonment, Turner Properties, or its
26- 2 successors and assigns, shall have the option of removing
26- 3 its facilities from the easement area or leaving the same in
26- 4 place, in which event the facilities shall become the
26- 5 property of the State of Georgia, or its successors and
26- 6 assigns.
26- 7 SECTION 101.
26- 8 That no title shall be conveyed to Turner Properties, and,
26- 9 except as herein specifically granted to Turner Properties,
26-10 all rights, title, and interest in and to said easement area
26-11 is reserved in the State of Georgia, which may make any use
26-12 of said easement area not inconsistent with or detrimental
26-13 to the rights, privileges, and interest granted to Turner
26-14 Properties.
26-15 SECTION 102.
26-16 That if the State of Georgia, acting by and through its
26-17 State Properties Commission, determines that any or all of
26-18 the facilities placed on the easement area should be removed
26-19 or relocated to an alternate site on state owned land in
26-20 order to avoid interference with the state's use or intended
26-21 use of the easement area, it may grant a substantially
26-22 equivalent nonexclusive easement to allow placement of the
26-23 removed or relocated facilities across the alternate site
26-24 under such terms and conditions as the State Properties
26-25 Commission shall in its discretion determine to be in the
26-26 best interests of the State of Georgia; and Turner
26-27 Properties shall remove or relocate its facilities to the
26-28 alternate easement area at its sole cost and expense, unless
26-29 the State Properties Commission determines that the
26-30 requested removal or relocation is to be for the sole
26-31 benefit of the State of Georgia and approves payment by the
26-32 State of Georgia of all or a portion of such actual cost and
26-33 expense, not to exceed by 20 percent the amount of a written
26-34 estimate provided by Turner Properties. Upon written
26-35 request, the State Properties Commission, in its sole
26-36 discretion, may permit the relocation of the facilities to
26-37 an alternate site on state owned land so long as the removal
26-38 and relocation is paid by the party or parties requesting
26-39 such removal and at no cost and expense to the State of
26-40 Georgia.
26-41 SECTION 103.
26-42 That the easement granted to Turner Properties shall contain
26-43 such other reasonable terms, conditions, and covenants as
-26-
27- 1 the State Properties Commission shall deem in the best
27- 2 interest of the State of Georgia and that the Georgia
27- 3 Department of Transportation shall approve of the easement
27- 4 herein described prior to its being granted and that the
27- 5 State Properties Commission is authorized to use a more
27- 6 accurate description of the easement area, so long as the
27- 7 description utilized by the State Properties Commission
27- 8 describes the same easement area herein granted.
27- 9 SECTION 104.
27-10 That the consideration for such easement shall be for the
27-11 fair market value, but not less than $650.00, and such
27-12 further consideration and provisions as the State Properties
27-13 Commission may determine to be in the best interest of the
27-14 State of Georgia.
27-15 SECTION 105.
27-16 That this grant of easement shall be recorded by the grantee
27-17 in the Superior Court of Fulton County and a recorded copy
27-18 shall be forwarded to the State Properties Commission.
27-19 SECTION 106.
27-20 That the authorization in this resolution to grant the
27-21 above-described easement to Turner Properties shall expire
27-22 three years after the date that this resolution becomes
27-23 effective.
27-24 SECTION 107.
27-25 That the State Properties Commission is authorized and
27-26 empowered to do all acts and things necessary and proper to
27-27 effect the grant of the easement area.
27-28 SECTION 108.
27-29 That the State of Georgia is the owner of the hereinafter
27-30 described real property in Fulton County, and the property
27-31 is in the custody of the Department of Natural Resources,
27-32 hereinafter referred to as the "easement area" and that, in
27-33 all matters relating to the easement area, the State of
27-34 Georgia is acting by and through its State Properties
27-35 Commission.
27-36 SECTION 109.
27-37 That the State of Georgia, acting by and through its State
27-38 Properties Commission, may grant to Plantation Pipeline, or
-27-
28- 1 its successors and assigns, a nonexclusive easement for the
28- 2 construction, operation, and maintenance of an underground
28- 3 petroleum pipeline water in, on, over, under, upon, across,
28- 4 or through the easement area for the purpose of
28- 5 constructing, installing, maintaining, repairing, replacing,
28- 6 inspecting, and operating an underground petroleum pipeline,
28- 7 together with the right of ingress and egress over adjacent
28- 8 land of the State of Georgia as may be reasonably necessary
28- 9 to accomplish the aforesaid purposes. Said easement area is
28-10 located beneath Chattahoochee River in Fulton County,
28-11 Georgia, and is more particularly described as follows:
28-12 That portion and that portion only as shown marked in
28-13 yellow on a drawing prepared by Arcadis, Geraghty &
28-14 Miller, dated October 26, 1998, for Plantation Pipeline,
28-15 and on file in the offices of the State Properties
28-16 Commission and may be more particularly described by a
28-17 plat of survey prepared by a Georgia registered land
28-18 surveyor and presented to the State Properties Commission
28-19 for approval.
28-20 SECTION 110.
28-21 That the above-described premises shall be used solely for
28-22 the purpose of planning, constructing, installing,
28-23 maintaining, repairing, replacing, inspecting, and operating
28-24 said underground petroleum pipeline.
28-25 SECTION 111.
28-26 That the Department of Natural Resources shall approve of
28-27 the easement herein described prior to its being granted to
28-28 Plantation Pipeline.
28-29 SECTION 112.
28-30 That, after Plantation Pipeline has put into use the
28-31 underground petroleum pipeline for which this easement is
28-32 granted, a subsequent abandonment of the use thereof shall
28-33 cause a reversion to the State of Georgia, or its successors
28-34 and assigns, of all the rights, title, privileges, powers,
28-35 and easement granted herein. Upon abandonment, Plantation
28-36 Pipeline, or its successors and assigns, shall have the
28-37 option of removing its facilities from the easement area or
28-38 leaving the same in place, in which event the facilities
28-39 shall become the property of the State of Georgia, or its
28-40 successors and assigns.
-28-
29- 1 SECTION 113.
29- 2 That no title shall be conveyed to Plantation Pipeline, and,
29- 3 except as herein specifically granted to Plantation
29- 4 Pipeline, all rights, title, and interest in and to said
29- 5 easement area is reserved in the State of Georgia, which may
29- 6 make any use of said easement area not inconsistent with or
29- 7 detrimental to the rights, privileges, and interest granted
29- 8 to Plantation Pipeline.
29- 9 SECTION 114.
29-10 That if the State of Georgia, acting by and through its
29-11 State Properties Commission, determines that any or all of
29-12 the facilities placed on the easement area should be removed
29-13 or relocated to an alternate site on state owned land in
29-14 order to avoid interference with the state's use or intended
29-15 use of the easement area, it may grant a substantially
29-16 equivalent nonexclusive easement to allow placement of the
29-17 removed or relocated facilities across the alternate site
29-18 under such terms and conditions as the State Properties
29-19 Commission shall in its discretion determine to be in the
29-20 best interests of the State of Georgia; and Plantation
29-21 Pipeline shall remove or relocate its facilities to the
29-22 alternate easement area at its sole cost and expense, unless
29-23 the State Properties Commission determines that the
29-24 requested removal or relocation is to be for the sole
29-25 benefit of the State of Georgia and approves payment by the
29-26 State of Georgia of all or a portion of such actual cost and
29-27 expense, not to exceed by 20 percent the amount of a written
29-28 estimate provided by Plantation Pipeline. Upon written
29-29 request, the State Properties Commission, in its sole
29-30 discretion, may permit the relocation of the facilities to
29-31 an alternate site on state owned land so long as the removal
29-32 and relocation is paid by the party or parties requesting
29-33 such removal and at no cost and expense to the State of
29-34 Georgia.
29-35 SECTION 115.
29-36 That the easement granted to Plantation Pipeline shall
29-37 contain such other reasonable terms, conditions, and
29-38 covenants as the State Properties Commission shall deem in
29-39 the best interest of the State of Georgia and that the State
29-40 Properties Commission is authorized to use a more accurate
29-41 description of the easement area, so long as the description
29-42 utilized by the State Properties Commission describes the
29-43 same easement area herein granted.
-29-
30- 1 SECTION 116.
30- 2 That the consideration for such easement shall be for the
30- 3 fair market value, but not less than $650.00, and such
30- 4 further consideration and provisions as the State Properties
30- 5 Commission may determine to be in the best interest of the
30- 6 State of Georgia.
30- 7 SECTION 117.
30- 8 That this grant of easement shall be recorded by the grantee
30- 9 in the Superior Court of Fulton County and a recorded copy
30-10 shall be forwarded to the State Properties Commission.
30-11 SECTION 118.
30-12 That the authorization in this resolution to grant the
30-13 above-described easement to Plantation Pipeline shall expire
30-14 three years after the date that this resolution becomes
30-15 effective.
30-16 SECTION 119.
30-17 That the State Properties Commission is authorized and
30-18 empowered to do all acts and things necessary and proper to
30-19 effect the grant of the easement area.
30-20 SECTION 120.
30-21 That the State of Georgia is the owner of the hereinafter
30-22 described real property in Houston County, and the property
30-23 is in the custody of the Department of Natural Resources,
30-24 hereinafter referred to as the "easement area" and that, in
30-25 all matters relating to the easement area, the State of
30-26 Georgia is acting by and through its State Properties
30-27 Commission.
30-28 SECTION 121.
30-29 That the State of Georgia, acting by and through its State
30-30 Properties Commission, may grant to the City of Warner
30-31 Robins, Houston County, or its successors and assigns, a
30-32 nonexclusive easement for the construction, operation, and
30-33 maintenance of a sanitary sewer line in, on, over, under,
30-34 upon, across, or through the easement area for the purpose
30-35 of constructing, installing, maintaining, repairing,
30-36 replacing, inspecting, and operating a sanitary sewer line,
30-37 together with the right of ingress and egress over adjacent
30-38 land of the State of Georgia as may be reasonably necessary
30-39 to accomplish the aforesaid purposes. Said easement area is
-30-
31- 1 located at the Oakey Woods Wildlife Management Area in
31- 2 Houston County, Georgia, and is more particularly described
31- 3 as follows:
31- 4 That portion and that portion only as shown marked in
31- 5 yellow on a plat of survey entitled "City of Warner Robins
31- 6 Sanitary Sewer Improvements" prepared by Walter G.
31- 7 Clements Georgia Registered Land surveyor No. 1967, dated
31- 8 August 17, 1998, and on file in the offices of the State
31- 9 Properties Commission and may be more particularly
31-10 described by a plat of survey prepared by a Georgia
31-11 registered land surveyor and presented to the State
31-12 Properties Commission for approval.
31-13 SECTION 122.
31-14 That the above-described premises shall be used solely for
31-15 the purpose of planning, constructing, installing,
31-16 maintaining, repairing, replacing, inspecting, and operating
31-17 said sanitary sewer line.
31-18 SECTION 123.
31-19 That after the City of Warner Robins, Houston County, has
31-20 put into use the sanitary sewer line for which this easement
31-21 is granted, a subsequent abandonment of the use thereof
31-22 shall cause a reversion to the State of Georgia, or its
31-23 successors and assigns, of all the rights, title,
31-24 privileges, powers, and easement granted herein. Upon
31-25 abandonment, the City of Warner Robins, Houston County, or
31-26 its successors and assigns, shall have the option of
31-27 removing its facilities from the easement area or leaving
31-28 the same in place, in which event the facilities shall
31-29 become the property of the State of Georgia, or its
31-30 successors and assigns.
31-31 SECTION 124.
31-32 That no title shall be conveyed to the City of Warner
31-33 Robins, Houston County, and, except as herein specifically
31-34 granted to the City of Warner Robins, Houston County, all
31-35 rights, title, and interest in and to said easement area is
31-36 reserved in the State of Georgia, which may make any use of
31-37 said easement area not inconsistent with or detrimental to
31-38 the rights, privileges, and interest granted to the City of
31-39 Warner Robins, Houston County.
-31-
32- 1 SECTION 125.
32- 2 That if the State of Georgia, acting by and through its
32- 3 State Properties Commission, determines that any or all of
32- 4 the facilities placed on the easement area should be removed
32- 5 or relocated to an alternate site on state owned land in
32- 6 order to avoid interference with the state's use or intended
32- 7 use of the easement area, it may grant a substantially
32- 8 equivalent nonexclusive easement to allow placement of the
32- 9 removed or relocated facilities across the alternate site
32-10 under such terms and conditions as the State Properties
32-11 Commission shall in its discretion determine to be in the
32-12 best interests of the State of Georgia; and the City of
32-13 Warner Robins, Houston County shall remove or relocate its
32-14 facilities to the alternate easement area at its sole cost
32-15 and expense, unless the State Properties Commission
32-16 determines that the requested removal or relocation is to be
32-17 for the sole benefit of the State of Georgia and approves
32-18 payment by the State of Georgia of all or a portion of such
32-19 actual cost and expense, not to exceed by 20 percent the
32-20 amount of a written estimate provided by the City of Warner
32-21 Robins, Houston County. Upon written request, the State
32-22 Properties Commission, in its sole discretion, may permit
32-23 the relocation of the facilities to an alternate site on
32-24 state owned land so long as the removal and relocation is
32-25 paid by the party or parties requesting such removal and at
32-26 no cost and expense to the State of Georgia.
32-27 SECTION 126.
32-28 That the easement granted to the City of Warner Robins,
32-29 Houston county shall contain such other reasonable terms,
32-30 conditions, and covenants as the State Properties Commission
32-31 shall deem in the best interest of the State of Georgia and
32-32 that the State Properties Commission is authorized to use a
32-33 more accurate description of the easement area, so long as
32-34 the description utilized by the State Properties Commission
32-35 describes the same easement area herein granted.
32-36 SECTION 127.
32-37 That the consideration for such easement shall be $10.00 and
32-38 such further consideration and provisions as the State
32-39 Properties Commission may determine to be in the best
32-40 interest of the State of Georgia.
-32-
33- 1 SECTION 128.
33- 2 That this grant of easement shall be recorded by the grantee
33- 3 in the Superior Court of Houston County and a recorded copy
33- 4 shall be forwarded to the State Properties Commission.
33- 5 SECTION 129.
33- 6 That the authorization in this resolution to grant the
33- 7 above-described easement to the City of Warner Robins,
33- 8 Houston County, shall expire three years after the date that
33- 9 this resolution becomes effective.
33-10 SECTION 130.
33-11 That the State Properties Commission is authorized and
33-12 empowered to do all acts and things necessary and proper to
33-13 effect the grant of the easement area.
33-14 SECTION 131.
33-15 That the State of Georgia is the owner of the hereinafter
33-16 described real property in Houston County, and the property
33-17 is in the custody of the Georgia Agricultural Exposition
33-18 Authority, hereinafter referred to as the "easement area"
33-19 and that, in all matters relating to the easement area, the
33-20 State of Georgia is acting by and through its State
33-21 Properties Commission.
33-22 SECTION 132.
33-23 That the State of Georgia, acting by and through its State
33-24 Properties Commission, may grant to Georgia Power Company,
33-25 or its successors and assigns, a nonexclusive easement for
33-26 the construction, operation, and maintenance of an
33-27 electrical distribution line in, on, over, under, upon,
33-28 across, or through the easement area for the purpose of
33-29 constructing, installing, maintaining, repairing, replacing,
33-30 inspecting, and operating an electrical distribution line,
33-31 together with the right of ingress and egress over adjacent
33-32 land of the State of Georgia as may be reasonably necessary
33-33 to accomplish the aforesaid purposes. Said easement area is
33-34 located at the Georgia National Fairgrounds and Agricenter
33-35 Reaves Arena in Houston County, Georgia, and is more
33-36 particularly described as follows:
33-37 That portion and that portion only as shown marked in
33-38 yellow on a drawing prepared by Calvin Middlebrooks, dated
33-39 July 15, 1998, for Georgia Power Company, and on file in
-33-
34- 1 the offices of the State Properties Commission and may be
34- 2 more particularly described by a plat of survey prepared
34- 3 by a Georgia registered land surveyor and presented to the
34- 4 State Properties Commission for approval.
34- 5 SECTION 133.
34- 6 That the above-described premises shall be used solely for
34- 7 the purpose of planning, constructing, installing,
34- 8 maintaining, repairing, replacing, inspecting, and operating
34- 9 said electrical distribution line.
34-10 SECTION 134.
34-11 That, after Georgia Power Company has put into use the
34-12 electrical distribution line for which this easement is
34-13 granted, a subsequent abandonment of the use thereof shall
34-14 cause a reversion to the State of Georgia, or its successors
34-15 and assigns, of all the rights, title, privileges, powers,
34-16 and easement granted herein. Upon abandonment, Georgia
34-17 Power Company, or its successors and assigns, shall have the
34-18 option of removing its facilities from the easement area or
34-19 leaving the same in place, in which event the facilities
34-20 shall become the property of the State of Georgia, or its
34-21 successors and assigns.
34-22 SECTION 135.
34-23 That no title shall be conveyed to Georgia Power Company,
34-24 and, except as herein specifically granted to Georgia Power
34-25 Company, all rights, title, and interest in and to said
34-26 easement area is reserved in the State of Georgia, which may
34-27 make any use of said easement area not inconsistent with or
34-28 detrimental to the rights, privileges, and interest granted
34-29 to Georgia Power Company.
34-30 SECTION 136.
34-31 That if the State of Georgia, acting by and through its
34-32 State Properties Commission, determines that any or all of
34-33 the facilities placed on the easement area should be removed
34-34 or relocated to an alternate site on state owned land in
34-35 order to avoid interference with the state's use or intended
34-36 use of the easement area, it may grant a substantially
34-37 equivalent nonexclusive easement to allow placement of the
34-38 removed or relocated facilities across the alternate site
34-39 under such terms and conditions as the State Properties
34-40 Commission shall in its discretion determine to be in the
34-41 best interests of the State of Georgia; and Georgia Power
34-42 Company shall remove or relocate its facilities to the
-34-
35- 1 alternate easement area at its sole cost and expense, unless
35- 2 the State Properties Commission determines that the
35- 3 requested removal or relocation is to be for the sole
35- 4 benefit of the State of Georgia and approves payment by the
35- 5 State of Georgia of all or a portion of such actual cost and
35- 6 expense, not to exceed by 20 percent the amount of a written
35- 7 estimate provided by Georgia Power Company. Upon written
35- 8 request, the State Properties Commission, in its sole
35- 9 discretion, may permit the relocation of the facilities to
35-10 an alternate site on state owned land so long as the removal
35-11 and relocation is paid by the party or parties requesting
35-12 such removal and at no cost and expense to the State of
35-13 Georgia.
35-14 SECTION 137.
35-15 That the easement granted to Georgia Power Company shall
35-16 contain such other reasonable terms, conditions, and
35-17 covenants as the State Properties Commission shall deem in
35-18 the best interest of the State of Georgia and that the State
35-19 Properties Commission is authorized to use a more accurate
35-20 description of the easement area, so long as the description
35-21 utilized by the State Properties Commission describes the
35-22 same easement area herein granted.
35-23 SECTION 138.
35-24 That the consideration for such easement shall be $10.00 and
35-25 such further consideration and provisions as the State
35-26 Properties Commission may determine to be in the best
35-27 interest of the State of Georgia.
35-28 SECTION 139.
35-29 That this grant of easement shall be recorded by the grantee
35-30 in the Superior Court of Houston County and a recorded copy
35-31 shall be forwarded to the State Properties Commission.
35-32 SECTION 140.
35-33 That the authorization in this resolution to grant the
35-34 above-described easement to Georgia Power Company shall
35-35 expire three years after the date that this resolution
35-36 becomes effective.
35-37 SECTION 141.
35-38 That the State Properties Commission is authorized and
35-39 empowered to do all acts and things necessary and proper to
35-40 effect the grant of the easement area.
-35-
36- 1 SECTION 142.
36- 2 That the State of Georgia is the owner of the hereinafter
36- 3 described real property in Long County, and the property is
36- 4 in the custody of the Department of Natural Resources,
36- 5 hereinafter referred to as the "easement area" and that, in
36- 6 all matters relating to the easement area, the State of
36- 7 Georgia is acting by and through its State Properties
36- 8 Commission.
36- 9 SECTION 143.
36-10 That the State of Georgia, acting by and through its State
36-11 Properties Commission, may grant to Canoochee EMC, or its
36-12 successors and assigns, a nonexclusive easement for the
36-13 construction, operation, and maintenance of an electrical
36-14 distribution line in, on, over, under, upon, across, or
36-15 through the easement area for the purpose of constructing,
36-16 installing, maintaining, repairing, replacing, inspecting,
36-17 and operating an electrical distribution line, together with
36-18 the right of ingress and egress over adjacent land of the
36-19 State of Georgia as may be reasonably necessary to
36-20 accomplish the aforesaid purposes. Said easement area is
36-21 located at the Griffin Ridge Wildlife Management Area in
36-22 Long County, Georgia, and is more particularly described as
36-23 follows:
36-24 That portion and that portion only as shown marked in
36-25 yellow on a plat of survey prepared by Timothy W. Eason
36-26 Georgia Registered Land Surveyor No. 2508, prepared for
36-27 Canoochee EMC, dated June 12, 1998, and on file in the
36-28 offices of the State Properties Commission, and may be
36-29 more particularly described on a plat of survey prepared
36-30 by a Georgia registered land surveyor and presented to the
36-31 State Properties Commission for approval.
36-32 SECTION 144.
36-33 That the above-described premises shall be used solely for
36-34 the planning, constructing, installing, maintaining,
36-35 repairing, replacing, inspecting, and operating said
36-36 electrical distribution line.
36-37 SECTION 145.
36-38 That, after Canoochee EMC has put into use the electrical
36-39 distribution line for which this easement is granted, a
36-40 subsequent abandonment of the use thereof shall cause a
-36-
37- 1 reversion to the State of Georgia, or its successors and
37- 2 assigns, of all the rights, title, privileges, powers, and
37- 3 easement granted herein. Upon abandonment, Canoochee EMC, or
37- 4 its successors and assigns, shall have the option of
37- 5 removing its facilities from the easement area or leaving
37- 6 the same in place, in which event the facilities shall
37- 7 become the property of the State of Georgia, or its
37- 8 successors and assigns.
37- 9 SECTION 146.
37-10 That no title shall be conveyed to Canoochee EMC, and,
37-11 except as herein specifically granted to Canoochee EMC, all
37-12 rights, title, and interest in and to said easement area is
37-13 reserved in the State of Georgia, which may make any use of
37-14 said easement area not inconsistent with or detrimental to
37-15 the rights, privileges, and interest granted to Canoochee
37-16 EMC.
37-17 SECTION 147.
37-18 That if the State of Georgia, acting by and through its
37-19 State Properties Commission, determines that any or all of
37-20 the facilities placed on the easement area should be removed
37-21 or relocated to an alternate site on state owned land in
37-22 order to avoid interference with the state's use or intended
37-23 use of the easement area, it may grant a substantially
37-24 equivalent nonexclusive easement to allow placement of the
37-25 removed or relocated facilities across the alternate site
37-26 under such terms and conditions as the State Properties
37-27 Commission shall in its discretion determine to be in the
37-28 best interests of the State of Georgia; and Canoochee EMC
37-29 shall remove or relocate its facilities to the alternate
37-30 easement area at its sole cost and expense, unless the State
37-31 Properties Commission determines that the requested removal
37-32 or relocation is to be for the sole benefit of the State of
37-33 Georgia and approves payment by the State of Georgia of all
37-34 or a portion of such actual cost and expense, not to exceed
37-35 by 20 percent the amount of a written estimate provided by
37-36 Canoochee EMC. Upon written request, the State Properties
37-37 Commission, in its sole discretion, may permit the
37-38 relocation of the facilities to an alternate site on state
37-39 owned land so long as the removal and relocation is paid by
37-40 the party or parties requesting such removal and at no cost
37-41 and expense to the State of Georgia.
-37-
38- 1 SECTION 148.
38- 2 That the easement granted to Canoochee EMC shall contain
38- 3 such other reasonable terms, conditions, and covenants as
38- 4 the State Properties Commission shall deem in the best
38- 5 interest of the State of Georgia and that the State
38- 6 Properties Commission is authorized to use a more accurate
38- 7 description of the easement area, so long as the description
38- 8 utilized by the State Properties Commission describes the
38- 9 same easement area herein granted.
38-10 SECTION 149.
38-11 That the consideration for such easement shall be for the
38-12 fair market value, but not less than $650.00, and such
38-13 further consideration and provisions as the State Properties
38-14 Commission may determine to be in the best interest of the
38-15 State of Georgia.
38-16 SECTION 150.
38-17 That this grant of easement shall be recorded by the grantee
38-18 in the Superior Court of Long County and a recorded copy
38-19 shall be forwarded to the State Properties Commission.
38-20 SECTION 151.
38-21 That the authorization in this resolution to grant the
38-22 above-described easement to Canoochee EMC shall expire three
38-23 years after the date that this resolution becomes effective.
38-24 SECTION 152.
38-25 That the State Properties Commission is authorized and
38-26 empowered to do all acts and things necessary and proper to
38-27 effect the grant of the easement area.
38-28 SECTION 153.
38-29 That the State of Georgia is the owner of the hereinafter
38-30 described real property in Newton County, and the property
38-31 is in the custody of the Department of Technical and Adult
38-32 Education, hereinafter referred to as the "easement area"
38-33 and that, in all matters relating to the easement area, the
38-34 State of Georgia is acting by and through its State
38-35 Properties Commission.
38-36 SECTION 154.
38-37 That the State of Georgia, acting by and through its State
38-38 Properties Commission, may grant to Georgia Transmission
-38-
39- 1 Corporation, or its successors and assigns, a nonexclusive
39- 2 easement for the construction, operation, and maintenance of
39- 3 electrical transmission, distribution, and communications
39- 4 lines in, on, over, under, upon, across, or through the
39- 5 easement area for the purpose of constructing, installing,
39- 6 maintaining, repairing, replacing, inspecting, and operating
39- 7 electrical transmission, distribution and communication
39- 8 lines, together with the right of ingress and egress over
39- 9 adjacent land of the State of Georgia as may be reasonably
39-10 necessary to accomplish the aforesaid purposes. Said
39-11 easement area is located at the Newton County Satellite
39-12 Center of DeKalb Tech in Newton County, Georgia, and is more
39-13 particularly described as follows:
39-14 That portion and that portion only as shown marked in
39-15 yellow on a plat of survey entitled "SKC Covington #3 Tap
39-16 115 kV Transmission Line" prepared by Albert M. Wynn Jr.
39-17 Georgia Registered Land Surveyor No. 2178, dated January
39-18 20, 1998, and on file in the offices of the State
39-19 Properties Commission, and may be more particularly
39-20 described on a plat of survey prepared by a Georgia
39-21 registered land surveyor and presented to the State
39-22 Properties Commission for approval.
39-23 SECTION 155.
39-24 That the above-described property shall be used solely for
39-25 the purpose of planning, constructing, installing,
39-26 maintaining, repairing, replacing, inspecting, and operating
39-27 said electrical transmission, distribution, and
39-28 communications lines.
39-29 SECTION 156.
39-30 That, after Georgia Transmission Corporation has put into
39-31 use the electrical transmission, distribution and
39-32 communication lines for which this easement is granted, a
39-33 subsequent abandonment of the use thereof shall cause a
39-34 reversion to the State of Georgia, or its successors and
39-35 assigns, of all the rights, title, privileges, powers, and
39-36 easement granted herein. Upon abandonment, Georgia
39-37 Transmission Corporation, or its successors and assigns,
39-38 shall have the option of removing its facilities from the
39-39 easement area or leaving the same in place, in which event
39-40 the facilities shall become the property of the State of
39-41 Georgia, or its successors and assigns.
-39-
40- 1 SECTION 157.
40- 2 That, no title shall be conveyed to Georgia Transmission
40- 3 Corporation and, except as herein specifically granted to
40- 4 Georgia Transmission Corporation, all rights, title, and
40- 5 interest in and to said easement area is reserved in the
40- 6 State of Georgia, which may make any use of said easement
40- 7 area not inconsistent with or detrimental to the rights,
40- 8 privileges, and interest granted to Georgia Transmission
40- 9 Corporation.
40-10 SECTION 158.
40-11 That if the State of Georgia, acting by and through its
40-12 State Properties Commission, determines that any or all of
40-13 the facilities placed on the easement area should be removed
40-14 or relocated to an alternate site on state owned land in
40-15 order to avoid interference with the state's use or intended
40-16 use of the easement area, it may grant a substantially
40-17 equivalent nonexclusive easement to allow placement of the
40-18 removed or relocated facilities across the alternate site
40-19 under such terms and conditions as the State Properties
40-20 Commission shall in its discretion determine to be in the
40-21 best interests of the State of Georgia; and Georgia
40-22 Transmission Corporation shall remove or relocate its
40-23 facilities to the alternate easement area at its sole cost
40-24 and expense, unless the State Properties Commission
40-25 determines that the requested removal or relocation is to be
40-26 for the sole benefit of the State of Georgia and approves
40-27 payment by the State of Georgia of all or a portion of such
40-28 actual cost and expense, not to exceed by 20 percent the
40-29 amount of a written estimate provided by Georgia
40-30 Transmission Corporation. Upon written request, the State
40-31 Properties Commission, in its sole discretion, may permit
40-32 the relocation of the facilities to an alternate site on
40-33 state owned land so long as the removal and relocation is
40-34 paid by the party or parties requesting such removal and at
40-35 no cost and expense to the State of Georgia.
40-36 SECTION 159.
40-37 That the easement granted to Georgia Transmission
40-38 Corporation shall contain such other reasonable terms,
40-39 conditions, and covenants as the State Properties Commission
40-40 shall deem in the best interest of the State of Georgia and
40-41 that the State Properties Commission is authorized to use a
40-42 more accurate description of the easement area, so long as
-40-
41- 1 the description utilized by the State Properties Commission
41- 2 describes the same easement area herein granted.
41- 3 SECTION 160.
41- 4 That the consideration for such easement shall be for the
41- 5 fair market value, but not less than $650.00, and such
41- 6 further consideration and provisions as the State Properties
41- 7 Commission may determine to be in the best interest of the
41- 8 State of Georgia.
41- 9 SECTION 161.
41-10 That this grant of easement shall be recorded by the grantee
41-11 in the Superior Court of Newton County and a recorded copy
41-12 shall be forwarded to the State Properties Commission.
41-13 SECTION 162.
41-14 That the authorization in this resolution to grant the
41-15 above-described easement to Georgia Transmission Corporation
41-16 shall expire three years after the date that this resolution
41-17 becomes effective.
41-18 SECTION 163.
41-19 That the State Properties Commission is authorized and
41-20 empowered to do all acts and things necessary and proper to
41-21 effect the grant of the easement area.
41-22 SECTION 164.
41-23 That the State of Georgia is the owner of the hereinafter
41-24 described real property in Paulding County, and the property
41-25 is in the custody of the Department of Technical and Adult
41-26 Education, hereinafter referred to as the "easement area"
41-27 and that, in all matters relating to the easement area, the
41-28 State of Georgia is acting by and through its State
41-29 Properties Commission.
41-30 SECTION 165.
41-31 That the State of Georgia, acting by and through its State
41-32 Properties Commission, may grant to BellSouth
41-33 Telecommunications Inc., or its successors and assigns, a
41-34 nonexclusive easement for the construction, operation, and
41-35 maintenance of a telecommunications cabinet in, on, over,
41-36 under, upon, across, or through the easement area for the
41-37 purpose of constructing, installing, maintaining, repairing,
41-38 replacing, inspecting, and operating a telecommunications
-41-
42- 1 cabinet, together with the right of ingress and egress over
42- 2 adjacent land of the State of Georgia as may be reasonably
42- 3 necessary to accomplish the aforesaid purposes. Said
42- 4 easement area is located at the Paulding County Satellite
42- 5 Center of Chattahoochee Tech in Paulding County, Georgia,
42- 6 and is more particularly described as follows:
42- 7 That portion and that portion only as shown marked in
42- 8 yellow on a plat of survey entitled "BellSouth
42- 9 Telecommunications Property of State of Georgia" prepared
42-10 by James M. McNeely, Georgia Registered Land Surveyor No.
42-11 2301, dated February 13, 1998, and on file in the offices
42-12 of the State Properties Commission, and may be more
42-13 particularly described on a plat of survey prepared by a
42-14 Georgia registered land surveyor and presented to the
42-15 State Properties Commission for approval.
42-16 SECTION 166.
42-17 That the above-described property shall be used solely for
42-18 the purpose of planning, constructing, installing,
42-19 maintaining, repairing, replacing, inspecting, and operating
42-20 said telecommunications cabinet.
42-21 SECTION 167.
42-22 That, after BellSouth Telecommunications Inc. has put into
42-23 use the telecommunications cabinet for which this easement
42-24 is granted, a subsequent abandonment of the use thereof
42-25 shall cause a reversion to the State of Georgia, or its
42-26 successors and assigns, of all the rights, title,
42-27 privileges, powers, and easement granted herein. Upon
42-28 abandonment, BellSouth Telecommunications Inc., or its
42-29 successors and assigns, shall have the option of removing
42-30 its facilities from the easement area or leaving the same in
42-31 place, in which event the facilities shall become the
42-32 property of the State of Georgia, or its successors and
42-33 assigns.
42-34 SECTION 168.
42-35 That no title shall be conveyed to BellSouth
42-36 Telecommunications Inc. and, except as herein specifically
42-37 granted to BellSouth Telecommunications Inc., all rights,
42-38 title, and interest in and to said easement area is reserved
42-39 in the State of Georgia, which may make any use of said
42-40 easement area not inconsistent with or detrimental to the
42-41 rights, privileges, and interest granted to BellSouth
42-42 Telecommunications Inc.
-42-
43- 1 SECTION 169.
43- 2 That if the State of Georgia, acting by and through its
43- 3 State Properties Commission, determines that any or all of
43- 4 the facilities placed on the easement area should be removed
43- 5 or relocated to an alternate site on state owned land in
43- 6 order to avoid interference with the state's use or intended
43- 7 use of the easement area, it may grant a substantially
43- 8 equivalent nonexclusive easement to allow placement of the
43- 9 removed or relocated facilities across the alternate site
43-10 under such terms and conditions as the State Properties
43-11 Commission shall in its discretion determine to be in the
43-12 best interests of the State of Georgia; and BellSouth
43-13 Telecommunications Inc. shall remove or relocate its
43-14 facilities to the alternate easement area at its sole cost
43-15 and expense, unless the State Properties Commission
43-16 determines that the requested removal or relocation is to be
43-17 for the sole benefit of the State of Georgia and approves
43-18 payment by the State of Georgia of all or a portion of such
43-19 actual cost and expense, not to exceed by 20 percent the
43-20 amount of a written estimate provided by BellSouth
43-21 Telecommunications Inc. Upon written request, the State
43-22 Properties Commission, in its sole discretion, may permit
43-23 the relocation of the facilities to an alternate site on
43-24 state owned land so long as the removal and relocation is
43-25 paid by the party or parties requesting such removal and at
43-26 no cost and expense to the State of Georgia.
43-27 SECTION 170.
43-28 That the easement granted to BellSouth Telecommunications
43-29 Inc. shall contain such other reasonable terms, conditions,
43-30 and covenants as the State Properties Commission shall deem
43-31 in the best interest of the State of Georgia and that the
43-32 State Properties Commission is authorized to use a more
43-33 accurate description of the easement area, so long as the
43-34 description utilized by the State Properties Commission
43-35 describes the same easement area herein granted.
43-36 SECTION 171.
43-37 That the consideration for such easement shall be for the
43-38 fair market value, but not less than $650.00, and such
43-39 further consideration and provisions as the State Properties
43-40 Commission may determine to be in the best interest of the
43-41 State of Georgia.
-43-
44- 1 SECTION 172.
44- 2 That this grant of easement shall be recorded by the grantee
44- 3 in the Superior Court of Paulding County and a recorded copy
44- 4 shall be forwarded to the State Properties Commission.
44- 5 SECTION 173.
44- 6 That the authorization in this resolution to grant the
44- 7 above-described easement to BellSouth Telecommunications
44- 8 Inc. shall expire three years after the date that this
44- 9 resolution becomes effective.
44-10 SECTION 174.
44-11 That the State Properties Commission is authorized and
44-12 empowered to do all acts and things necessary and proper to
44-13 effect the grant of the easement area.
44-14 SECTION 175.
44-15 That the State of Georgia is the owner of the hereinafter
44-16 described real property in Towns County, and the property is
44-17 in the custody of the Department of Natural Resources,
44-18 hereinafter referred to as the "easement area" and that, in
44-19 all matters relating to the easement area, the State of
44-20 Georgia is acting by and through its State Properties
44-21 Commission.
44-22 SECTION 176.
44-23 That the State of Georgia, acting by and through its State
44-24 Properties Commission, may grant to the Tennessee Valley
44-25 Authority, or its successors and assigns, a nonexclusive
44-26 easement for the construction, operation, and maintenance of
44-27 an electrical transmission line in, on, over, under, upon,
44-28 across, or through the easement area for the purpose of
44-29 constructing, installing, maintaining, repairing, replacing,
44-30 inspecting, and operating an electrical transmission line,
44-31 together with the right of ingress and egress over adjacent
44-32 land of the State of Georgia as may be reasonably necessary
44-33 to accomplish the aforesaid purposes. Said easement area is
44-34 located at the Brasstown Valley Resort in Towns County,
44-35 Georgia, and is more particularly described as follows:
44-36 That portion and that portion only as shown marked in
44-37 yellow on a plat of survey prepared for the Tennessee
44-38 Valley Authority prepared by James C. Jones, Georgia
44-39 Registered Land Surveyor No. 2298, and on file in the
-44-
45- 1 offices of the State Properties Commission, and may be
45- 2 more particularly described on a plat of survey prepared
45- 3 by a Georgia registered land surveyor and presented to the
45- 4 State Properties Commission for approval.
45- 5 SECTION 177.
45- 6 That the above-described property shall be used solely for
45- 7 the purpose of planning, constructing, installing,
45- 8 maintaining, repairing, replacing, inspecting, and operating
45- 9 said electrical transmission line.
45-10 SECTION 178.
45-11 That, after the Tennessee Valley Authority has put into use
45-12 the electrical transmission line for which this easement is
45-13 granted, a subsequent abandonment of the use thereof shall
45-14 cause a reversion to the State of Georgia, or its successors
45-15 and assigns, of all the rights, title, privileges, powers,
45-16 and easement granted herein. Upon abandonment, the
45-17 Tennessee Valley Authority, or its successors and assigns,
45-18 shall have the option of removing its facilities from the
45-19 easement area or leaving the same in place, in which event
45-20 the facilities shall become the property of the State of
45-21 Georgia, or its successors and assigns.
45-22 SECTION 179.
45-23 That no title shall be conveyed to the Tennessee Valley
45-24 Authority and, except as herein specifically granted to the
45-25 Tennessee Valley Authority, all rights, title, and interest
45-26 in and to said easement area is reserved in the State of
45-27 Georgia, which may make any use of said easement area not
45-28 inconsistent with or detrimental to the rights, privileges,
45-29 and interest granted to the Tennessee Valley Authority.
45-30 SECTION 180.
45-31 That if the State of Georgia, acting by and through its
45-32 State Properties Commission, determines that any or all of
45-33 the facilities placed on the easement area should be removed
45-34 or relocated to an alternate site on state owned land in
45-35 order to avoid interference with the state's use or intended
45-36 use of the easement area, it may grant a substantially
45-37 equivalent nonexclusive easement to allow placement of the
45-38 removed or relocated facilities across the alternate site
45-39 under such terms and conditions as the State Properties
45-40 Commission shall in its discretion determine to be in the
45-41 best interests of the State of Georgia; and the Tennessee
45-42 Valley Authority shall remove or relocate its facilities to
-45-
46- 1 the alternate easement area at its sole cost and expense,
46- 2 unless the State Properties Commission determines that the
46- 3 requested removal or relocation is to be for the sole
46- 4 benefit of the State of Georgia and approves payment by the
46- 5 State of Georgia of all or a portion of such actual cost and
46- 6 expense, not to exceed by 20 percent the amount of a written
46- 7 estimate provided by the Tennessee Valley Authority. Upon
46- 8 written request, the State Properties Commission, in its
46- 9 sole discretion, may permit the relocation of the facilities
46-10 to an alternate site on state owned land so long as the
46-11 removal and relocation is paid by the party or parties
46-12 requesting such removal and at no cost and expense to the
46-13 State of Georgia.
46-14 SECTION 181.
46-15 That the easement granted to the Tennessee Valley Authority
46-16 shall contain such other reasonable terms, conditions, and
46-17 covenants as the State Properties Commission shall deem in
46-18 the best interest of the State of Georgia and that the State
46-19 Properties Commission is authorized to use a more accurate
46-20 description of the easement area, so long as the description
46-21 utilized by the State Properties Commission describes the
46-22 same easement area herein granted.
46-23 SECTION 182.
46-24 That the consideration for such easement shall be $10.00 and
46-25 such further consideration and provisions as the State
46-26 Properties Commission may determine to be in the best
46-27 interest of the State of Georgia.
46-28 SECTION 183.
46-29 That this grant of easement shall be recorded by the grantee
46-30 in the Superior Court of Towns County and a recorded copy
46-31 shall be forwarded to the State Properties Commission.
46-32 SECTION 184.
46-33 That the authorization in this resolution to grant the
46-34 above-described easement to the Tennessee Valley Authority
46-35 shall expire three years after the date that this resolution
46-36 becomes effective.
46-37 SECTION 185.
46-38 That the State Properties Commission is authorized and
46-39 empowered to do all acts and things necessary and proper to
46-40 effect the grant of the easement area.
-46-
47- 1 SECTION 186.
47- 2 That all laws and parts of laws in conflict with this
47- 3 resolution are repealed.
-47-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 05/05/99
