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| Georgia General Assembly |
SR35.html
01 LC 10 3306
Senate Resolution
35
By: Senators Dean of the 31st, Starr of
the 44th, Johnson of the 1st, Bowen of the
13th, Gillis of the 20th and Jackson of the
50th
A RESOLUTION
Authorizing the granting of nonexclusive easements for the
installation, operation, and maintenance of utilities, ingress and egress,
drainage, and dredging, as well as monitoring wells in, on, over, under, upon,
across, or through property owned by the State of Georgia in Banks, Barrow,
Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton,
Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; to repeal
conflicting laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Banks,
Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton,
Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia;
and
WHEREAS, John Anthony Cody, Hoyt Dodd, Pamela
Garner; Barrow County; Williams Communications, Inc.; Level 3 Communications,
LLC; the Macon Water Authority; BellSouth Communications, Inc.; Chatham County;
Norman W. Fries, Inc.; the City of Atlanta, Fulton County; Gwinnett County;
Altamaha EMC; Snapping Shoals EMC; Public Service Telephone Company of Reynolds,
Georgia; Talbot County; the City of Vidalia, Toombs County; Braswell Services
Group, Inc.; and James F. Goode and Ruth Krug Goode desire to operate and
maintain utilities, ingress and egress, drainage, and dredging, as well as
monitoring wells in, on, over, under, upon, across, or through a portion of
said property; and
WHEREAS, these utilities,
together with the rights of ingress and egress, drainage, and dredging, as well
as monitoring wells in, on, over, under, upon, across, or through the
hereinafter described state property have been requested and approved by the
Department of Natural Resources, Department of Human Resources, Department of
Technical and Adult Education, Department of Corrections, Department of Defense,
Department of Public Safety, and the Georgia Forestry Commission with respect to
property under the jurisdiction of their respective
departments.
NOW, THEREFORE, BE IT RESOLVED AND
ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION
1.
That the State of Georgia is the owner of the
hereinafter described real property located in Banks County and in the custody
of the Department of Natural Resources, hereinafter referred to as the "easement
area," and that, in all matters relating to the easement area, the State of
Georgia is acting by and through its State Properties
Commission.
SECTION 2.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to John Anthony Cody and Hoyt Dodd and Pamela
Garner, or their successors and assigns, a nonexclusive easement for the
operation and maintenance of ingress and egress in, on, over, under, upon,
across, or through the easement area for the purpose of maintaining, repairing,
replacing, inspecting, and operating ingress and egress together with the right
of ingress and egress over adjacent land of the State of Georgia as may be
reasonably necessary to accomplish the aforesaid purposes. Said easement area
is located in Land Lot 227 of the 10th District of Banks County, Georgia, and is
more particularly described as follows:
That portion
and that portion only as shown in orange on a plat of survey prepared by Samuel
L. Duvall, Georgia Registered Land Surveyor #2295, dated June 6, 2000, and on
file in the offices of the State Properties
Commission
and may be more particularly described by a
plat of survey prepared by a Georgia registered land surveyor and presented to
the State Properties Commission for approval.
SECTION 3.
That the above-described premises shall be used solely for
the purpose of installing, maintaining, repairing, replacing, inspecting, and
operating said ingress and egress.
SECTION 4.
That John Anthony Cody and Hoyt Dodd and Pamela Garner shall
have the right to remove or cause to be removed from said easement area only
such trees and bushes as may be reasonably necessary for the proper operation
and maintenance of said ingress and egress.
SECTION 5.
That, after John Anthony Cody and Hoyt Dodd and Pamela
Garner have put into use the ingress and egress for which this easement is
granted, a subsequent abandonment of the use thereof shall cause a reversion to
the State of Georgia, or its successors and assigns, of all the rights, title,
privileges, powers, and easement granted herein. Upon abandonment, John Anthony
Cody and Hoyt Dodd and Pamela Garner, or their successors and assigns, shall
have the option of removing their facilities from the easement area or leaving
the same in place, in which event the facilities shall become the property of
the State of Georgia, or its successors and assigns.
SECTION 6.
That no title shall be conveyed to John Anthony Cody or Hoyt
Dodd or Pamela Garner and, except as herein specifically granted to John Anthony
Cody and Hoyt Dodd and Pamela Garner, all rights, title, and interest in and to
said easement area are reserved in the State of Georgia, which may make any use
of said easement area not inconsistent with or detrimental to the rights,
privileges, and interest granted to John Anthony Cody and Hoyt Dodd and Pamela
Garner.
SECTION 7.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and John Anthony Cody and Hoyt Dodd and
Pamela Garner shall remove or relocate their facilities to the alternate
easement area at their sole cost and expense, unless the State Properties
Commission determines that the requested removal or relocation is to be for the
sole benefit of the State of Georgia and approves payment by the State of
Georgia of all or a portion of such actual cost and expense, not to exceed by 20
percent the amount of a written estimate provided by John Anthony Cody and Hoyt
Dodd and Pamela Garner. Upon written request, the State Properties Commission,
in its sole discretion, may permit the relocation of the facilities to an
alternate site on state owned land so long as the removal and relocation is paid
by the party or parties requesting such removal and at no cost and expense to
the State of Georgia.
SECTION 8.
That the easement granted to John Anthony Cody and Hoyt Dodd
and Pamela Garner shall contain such other reasonable terms, conditions, and
covenants as the State Properties Commission shall deem in the best interest of
the State of Georgia and that the State Properties Commission is authorized to
use a more accurate description of the easement area, so long as the description
utilized by the State Properties Commission describes the same easement area
herein granted.
SECTION 9.
That the consideration for such easement shall be the fair
market value, but not less than $650.00 each, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 10.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Banks County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 11.
That the authorization in this resolution to grant the
above-described easement to John Anthony Cody and Hoyt Dodd and Pamela Garner
shall expire three years after the date that this resolution becomes
effective.
SECTION 12.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
II
SECTION 13.
That the State of Georgia is the owner of the
hereinafter described real property located in Barrow County and in the custody
of the Department of Natural Resources, hereinafter referred to as the "easement
area," and that, in all matters relating to the easement area, the State of
Georgia is acting by and through its State Properties
Commission.
SECTION 14.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Level 3 Communications, LLC, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of communications lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating communications
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in the 249th GMD of Barrow County,
Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in orange on a plat of survey prepared by David Norris Simpson, Georgia
Registered Land Surveyor #1695, dated September 13, 2000, and on file in the
offices of the State Properties Commission
and may be
more particularly described by a plat of survey prepared by a Georgia registered
land surveyor and presented to the State Properties Commission for
approval.
SECTION 15.
That the above-described premises shall be used solely for
the purpose of planning, constructing, erecting, installing, maintaining,
repairing, replacing, inspecting, and operating said communications
lines.
SECTION 16.
That Level 3 Communications, LLC shall have the right to
remove or cause to be removed from said easement area only such trees and bushes
as may be reasonably necessary for the proper construction, operation, and
maintenance of said communications lines.
SECTION 17.
That, after Level 3 Communications, LLC has put into use the
communications lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Level 3 Communications, LLC, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 18.
That no title shall be conveyed to Level 3 Communications,
LLC, and, except as herein specifically granted to Level 3 Communications, LLC,
all rights, title, and interest in and to said easement area are reserved in the
State of Georgia, which may make any use of said easement area not inconsistent
with or detrimental to the rights, privileges, and interest granted to Level 3
Communications, LLC.
SECTION 19.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Level 3 Communications, LLC shall remove
or relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by Level 3 Communications, LLC. Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on state owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia.
SECTION 20.
That the easement granted to Level 3 Communications, LLC
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 21.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 22.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Barrow County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 23.
That the authorization in this resolution to grant the
above-described easement to Level 3 Communications, LLC shall expire three years
after the date that this resolution becomes effective.
SECTION 24.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
III
SECTION 25.
That the State of Georgia is the owner of the
hereinafter described real property in Barrow County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 26.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Williams Communications, Inc., or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of communications lines, on, over, under, upon, across, or
through the easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating communications
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in the 249th GMD of Barrow County,
Georgia, and is more particularly described as
follows:
That portion and that portion only as shown in
yellow on a drawing attached as Exhibit "A" on that certain Department of
Natural Resources Board Resolution dated August 23, 2000, and on file in the
offices of the State Properties Commission
and may be
more particularly described by a plat of survey prepared by a Georgia registered
land surveyor and presented to the State Properties Commission for
approval.
SECTION 27.
That the above-described premises shall be used solely for
the purpose of planning, constructing, erecting, installing, maintaining,
repairing, replacing, inspecting, and operating said communications
lines.
SECTION 28.
That Williams Communications, Inc. shall have the right to
remove or cause to be removed from said easement area only such trees and bushes
as may be reasonably necessary for the proper construction, operation, and
maintenance of said communications lines.
SECTION 29.
That, after Williams Communications, Inc. has put into use
the communications lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Williams Communications, Inc., or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 30.
That no title shall be conveyed to Williams Communications,
Inc., and, except as herein specifically granted to Williams Communications,
Inc., all rights, title, and interest in and to said easement area are reserved
in the State of Georgia, which may make any use of said easement area not
inconsistent with or detrimental to the rights, privileges, and interest granted
to Williams Communications, Inc.
SECTION 31.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Williams Communications, Inc. shall
remove or relocate its facilities to the alternate easement area at its sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by Williams Communications, Inc. Upon written request, the
State Properties Commission, in its sole discretion, may permit the relocation
of the facilities to an alternate site on state owned land so long as the
removal and relocation is paid by the party or parties requesting such removal
and at no cost and expense to the State of Georgia.
SECTION 32.
That the easement granted to Williams Communications, Inc.
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 33.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 34.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Barrow County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 35.
That the authorization in this resolution to grant the
above-described easement to Williams Communications, Inc. shall expire three
years after the date that this resolution becomes
effective.
SECTION 36.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
IV
SECTION 37.
That the State of Georgia is the owner of the
hereinafter described real property in Barrow County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 38.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Barrow County, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of an irrigation line in, on, over, under, upon, across, or through
the easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating an irrigation line
together with the right of ingress and egress over adjacent land of the State of
Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
Said easement area is located within the bounds of Fort Yargo State Park in
Barrow County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown in
yellow on a drawing prepared by Barrow County dated July 7, 2000, and on file in
the offices of the State Properties Commission
and may
be more particularly described by a plat of survey prepared by a Georgia
registered land surveyor and presented to the State Properties Commission for
approval.
SECTION 39.
That the above-described premises shall be used solely for
the purpose of planning, constructing, erecting, installing, maintaining,
repairing, replacing, inspecting, and operating said irrigation
line.
SECTION 40.
That Barrow County shall have the right to remove or cause
to be removed from said easement area only such trees and bushes as may be
reasonably necessary for the proper construction, operation, and maintenance of
said irrigation line.
SECTION 41.
That, after Barrow County has put into use the irrigation
line for which this easement is granted, a subsequent abandonment of the use
thereof shall cause a reversion to the State of Georgia, or its successors and
assigns, of all the rights, title, privileges, powers, and easement granted
herein. Upon abandonment, Barrow County, or its successors and assigns, shall
have the option of removing its facilities from the easement area or leaving the
same in place, in which event the facilities shall become the property of the
State of Georgia, or its successors and assigns.
SECTION 42.
That no title shall be conveyed to Barrow County, and,
except as herein specifically granted to Barrow County, all rights, title, and
interest in and to said easement area are reserved in the State of Georgia,
which may make any use of said easement area not inconsistent with or
detrimental to the rights, privileges, and interest granted to Barrow
County.
SECTION 43.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Barrow County shall remove or relocate
its facilities to the alternate easement area at its sole cost and expense,
unless the State Properties Commission determines that the requested removal or
relocation is to be for the sole benefit of the State of Georgia and approves
payment by the State of Georgia of all or a portion of such actual cost and
expense, not to exceed by 20 percent the amount of a written estimate provided
by Barrow County. Upon written request, the State Properties Commission, in its
sole discretion, may permit the relocation of the facilities to an alternate
site on state owned land so long as the removal and relocation is paid by the
party or parties requesting such removal and at no cost and expense to the State
of Georgia.
SECTION 44.
That the easement granted to Barrow County shall contain
such other reasonable terms, conditions, and covenants as the State Properties
Commission shall deem in the best interest of the State of Georgia and that the
State Properties Commission is authorized to use a more accurate description of
the easement area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION 45.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 46.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Barrow County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 47.
That the authorization in this resolution to grant the
above-described easement to Barrow County shall expire three years after the
date that this resolution becomes effective.
SECTION 48.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE V
SECTION
49.
That the State of Georgia is the owner of the
hereinafter described real property in Bibb County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 50.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the Macon Water Authority, or its successors
and assigns, a nonexclusive easement for the construction, operation, and
maintenance of sanitary sewer lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating sanitary sewer
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in Land Lot 206 of the 5th District of
Bibb County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a drawing entitled "Echeconnee Creek Interceptor Sewer Phase
II Contract B – Easement Drawing" dated September, 1999, and prepared by D
S Atlantic Tribble & Richardson, Inc. and being on file in the offices of
the State Properties Commission
and may be more
particularly described by a plat of survey prepared by a Georgia registered land
surveyor and presented to the State Properties Commission for
approval.
SECTION 51.
That the above-described premises shall be used solely
for the purpose of planning, constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating said sanitary sewer
lines.
SECTION 52.
That the Macon Water Authority shall have the right to
remove or cause to be removed from said easement area only such trees and bushes
as may be reasonably necessary for the proper construction, operation, and
maintenance of said sanitary sewer lines.
SECTION 53.
That, after the Macon Water Authority has put into use the
sanitary sewer lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, the Macon Water Authority, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 54.
That no title shall be conveyed to the Macon Water
Authority, and, except as herein specifically granted to the Macon Water
Authority, all rights, title, and interest in and to said easement area are
reserved in the State of Georgia, which may make any use of said easement area
not inconsistent with or detrimental to the rights, privileges, and interest
granted to the Macon Water Authority.
SECTION 55.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and the Macon Water Authority shall remove or
relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by the Macon Water Authority. Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on state owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia.
SECTION 56.
That the easement granted to the Macon Water Authority shall
contain such other reasonable terms, conditions, and covenants as the State
Properties Commission shall deem in the best interest of the State of Georgia
and that the State Properties Commission is authorized to use a more accurate
description of the easement area, so long as the description utilized by the
State Properties Commission describes the same easement area herein
granted.
SECTION 57.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 58.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Bibb County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 59.
That the authorization in this resolution to grant the
above-described easement to the Macon Water Authority shall expire three years
after the date that this resolution becomes effective.
SECTION 60.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
VI
SECTION 61.
That the State of Georgia is the owner of the
hereinafter described real property in Chatham County and in the custody of the
Department of Technical and Adult Education, hereinafter referred to as the
"easement area," and that, in all matters relating to the easement area, the
State of Georgia is acting by and through its State Properties
Commission.
SECTION 62.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to BellSouth Communications, Inc., or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of a telecommunications cabinet in, on, over, under, upon,
across, or through the easement area for the purpose of constructing, erecting,
installing, maintaining, repairing, replacing, inspecting, and operating a
telecommunications cabinet together with the right of ingress and egress over
adjacent land of the State of Georgia as may be reasonably necessary to
accomplish the aforesaid purposes. Said easement area is located in the 4th GMD
of Chatham County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow identified as Parcel "A" on a plat of survey entitled
"BellSouth Telecommunications" dated March 8, 2000, prepared by James R.
McDougald and being on file in the offices of the State Properties
Commission
and may be more particularly described by a
plat of survey prepared by a Georgia registered land surveyor and presented to
the State Properties Commission for approval.
SECTION 63.
That the above-described premises shall be used solely for
the purpose of planning, constructing, erecting, installing, maintaining,
repairing, replacing, inspecting, and operating said telecommunications
cabinet.
SECTION 64.
That BellSouth Communications, Inc. shall have the right to
remove or cause to be removed from said easement area only such trees and bushes
as may be reasonably necessary for the proper construction, operation, and
maintenance of said telecommunications cabinet.
SECTION 65.
That, after BellSouth Communications, Inc. has put into use
the telecommunications cabinet for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, BellSouth Communications, Inc., or
its successors and assigns, shall have the option of removing its facilities
from the easement area or leaving the same in place, in which event the
facilities shall become the property of the State of Georgia, or its successors
and assigns.
SECTION 66.
That no title shall be conveyed to BellSouth Communications,
Inc., and, except as herein specifically granted to the BellSouth
Communications, Inc., all rights, title, and interest in and to said easement
area are reserved in the State of Georgia, which may make any use of said
easement area not inconsistent with or detrimental to the rights, privileges,
and interest granted to BellSouth Communications, Inc.
SECTION 67.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and BellSouth Communications, Inc. shall
remove or relocate its facilities to the alternate easement area at its sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by BellSouth Communications, Inc. Upon written request, the
State Properties Commission, in its sole discretion, may permit the relocation
of the facilities to an alternate site on state owned land so long as the
removal and relocation is paid by the party or parties requesting such removal
and at no cost and expense to the State of Georgia.
SECTION 68.
That the easement granted to BellSouth Communications, Inc.
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 69.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 70.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Chatham County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 71.
That the authorization in this resolution to grant the
above-described easement to BellSouth Communications, Inc. shall expire three
years after the date that this resolution becomes
effective.
SECTION 72.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
VII
SECTION 73.
That the State of Georgia is the owner of the
hereinafter described real property in Chatham County, Georgia, and in the
custody of the Department of Human Resources, hereinafter referred to as the
"easement areas," and that, in all matters relating to the easement areas, the
State of Georgia is acting by and through its State Properties
Commission.
SECTION 74.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Chatham County, or its successors and
assigns, a nonexclusive easement for planning, constructing, and maintaining
drainage structures and a nonexclusive easement for utilities together with the
right of ingress and egress over adjacent land of the State of Georgia as may be
reasonably necessary to accomplish the aforesaid purposes. Said easement areas
are located in the 6th GMD of Chatham County, Georgia, and are more particularly
described as follows:
That portion and that portion
only as shown marked in yellow on Exhibit "B," Exhibit "E," and Exhibit "G" of
that certain Revocable License Agreement dated July 13, 2000, and being real
property record #9378 and being on file in the offices of the State Properties
Commission
and may be more particularly described on a
plat of survey prepared by a Georgia registered land surveyor and presented to
the State Properties Commission for approval.
SECTION 75.
That the above-described premises shall be used solely for
the purpose of planning, constructing, and maintaining drainage structures and
utilities.
SECTION 76.
That Chatham County shall have the right to remove or cause
to be removed from said easement areas only such trees and bushes as may be
reasonably necessary for the proper operation of said drainage structures and
utilities.
SECTION 77.
That, after Chatham County has put into use the drainage
structures and utilities for which these easements are granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Chatham County, or its successors and
assigns, shall have the option of removing its facilities from the easement
areas or leaving the same in place, in which event the facilities shall become
the property of the State of Georgia, or its successors and
assigns.
SECTION 78.
That no title shall be conveyed to Chatham County, and,
except as herein specifically granted to Chatham County, all rights, title, and
interest in and to said easement areas are reserved in the State of Georgia,
which may make any use of said easement areas not inconsistent with or
detrimental to the rights, privileges, and interest granted to Chatham
County.
SECTION 79.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement areas should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement areas, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Chatham County shall remove or relocate
its facilities to the alternate easement area at its sole cost and expense,
unless the State Properties Commission determines that the requested removal or
relocation is to be for the sole benefit of the State of Georgia and approves
payment by the State of Georgia of all or a portion of such actual cost and
expense, not to exceed by 20 percent the amount of a written estimate provided
by Chatham County. Upon written request, the State Properties Commission, in
its sole discretion, may permit the relocation of the facilities to an alternate
site on state owned land so long as the removal and relocation is paid by the
party or parties requesting such removal and at no cost and expense to the State
of Georgia.
SECTION 80.
That the easements granted to Chatham County shall contain
such other reasonable terms, conditions, and covenants as the State Properties
Commission shall deem in the best interest of the State of Georgia and that the
State Properties Commission is authorized to use a more accurate description of
the easement areas, so long as the description utilized by the State Properties
Commission describes the same easement areas herein
granted.
SECTION 81.
That the consideration for such easements shall be $10.00
and such further consideration and provisions as the State Properties Commission
may determine to be in the best interest of the State of
Georgia.
SECTION 82.
That these grants of easement shall be recorded by the
grantee in the Superior Court of Chatham County and a recorded copy shall be
forwarded to the State Properties Commission.
SECTION 83.
That the authorization in this resolution to grant the
above-described easements to Chatham County shall expire three years after the
date that this resolution becomes effective.
SECTION 84.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement areas.
ARTICLE
VIII
SECTION 85.
That the State of Georgia is the owner of the
hereinafter described real property in Evans County, Georgia, and in the custody
of the Department of Corrections, hereinafter referred to as the "easement
area," and that, in all matters relating to the easement area, the State of
Georgia is acting by and through its State Properties
Commission.
SECTION 86.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Norman W. Fries, Inc., or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of sanitary sewer lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating sanitary sewer
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area in the 1607th GMD of Evans County, Georgia, and is
more particularly described as follows:
That portion
and that portion only as shown marked in yellow on a plat of survey prepared by
Timothy W. Eason, Georgia Registered Land Surveyor #2508, dated February 21,
2000, entitled "Claxton Poultry Farms, Inc.," and on file in the offices of the
State Properties Commission
and may be more
particularly described by a plat of survey prepared by a Georgia registered land
surveyor and presented to the State Properties Commission for
approval.
SECTION 87.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said sanitary sewer lines.
SECTION 88.
That Norman W. Fries, Inc. shall have the right to remove or
cause to be removed from said easement area only such trees and bushes as may be
reasonably necessary for the proper construction, operation, and maintenance of
said sanitary sewer lines.
SECTION 89.
That, after Norman W. Fries, Inc. has put into use the
sanitary sewer lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Norman W. Fries, Inc., or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 90.
That no title shall be conveyed to Norman W. Fries, Inc.,
and, except as herein specifically granted to Norman W. Fries, Inc., all rights,
title, and interest in and to said easement area are reserved in the State of
Georgia, which may make any use of said easement area not inconsistent with or
detrimental to the rights, privileges, and interest granted to Norman W. Fries,
Inc.
SECTION 91.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Norman W. Fries, Inc. shall remove or
relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by Norman W. Fries, Inc. Upon written request, the State Properties
Commission, in its sole discretion, may permit the relocation of the facilities
to an alternate site on state owned land so long as the removal and relocation
is paid by the party or parties requesting such removal and at no cost and
expense to the State of Georgia.
SECTION 92.
That the easement granted to Norman W. Fries, Inc. shall
contain such other reasonable terms, conditions, and covenants as the State
Properties Commission shall deem in the best interest of the State of Georgia
and that the State Properties Commission is authorized to use a more accurate
description of the easement area, so long as the description utilized by the
State Properties Commission describes the same easement area herein
granted.
SECTION 93.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 94.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Evans County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 95.
That the authorization in this resolution to grant the
above-described easement to Norman W. Fries, Inc. expires three years after the
date that this resolution becomes effective.
SECTION 96.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
IX
SECTION 97.
That the State of Georgia is the owner of the
hereinafter described real property in Fulton County and in the custody of the
Department of Defense, hereinafter referred to as the "easement area," and that,
in all matters relating to the easement area, the State of Georgia is acting by
and through its State Properties Commission.
SECTION 98.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Atlanta, Fulton County, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of monitoring wells in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, inspecting, and operating monitoring wells together with
the right of ingress and egress over adjacent land of the State of Georgia as
may be reasonably necessary to accomplish the aforesaid purposes. Said easement
area is located at the Georgia Department of Defense Headquarters site in Fulton
County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown on
a plat of survey dated July, 1999, entitled "Closure Plan Confederate Avenue
Solid Waste Landfill Fulton County, Georgia" prepared by Brent M. Zern, Georgia
Registered Land Surveyor #22318, and on file in the offices of the State
Properties Commission
and may be more particularly
described by a plat of survey prepared by a Georgia registered land surveyor and
presented to the State Properties Commission for approval.
SECTION 99.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
inspecting, and operating said monitoring wells.
SECTION 100.
That, after the City of Atlanta, Fulton County, has put into
use the monitoring wells for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, the City of Atlanta, Fulton County,
or its successors and assigns, shall have the option of removing its facilities
from the easement area or leaving the same in place, in which event the
facilities shall become the property of the State of Georgia, or its successors
and assigns.
SECTION 101.
That no title shall be conveyed to the City of Atlanta,
Fulton County, and, except as herein specifically granted to the City of
Atlanta, Fulton County, all rights, title, and interest in and to said easement
area are reserved in the State of Georgia, which may make any use of said
easement area not inconsistent with or detrimental to the rights, privileges,
and interest granted to the City of Atlanta, Fulton County.
SECTION 102.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and the City of Atlanta, Fulton County, shall
remove or relocate its facilities to the alternate easement area at its sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by the City of Atlanta, Fulton County. Upon written request,
the State Properties Commission, in its sole discretion, may permit the
relocation of the facilities to an alternate site on state owned land so long as
the removal and relocation is paid by the party or parties requesting such
removal and at no cost and expense to the State of Georgia.
SECTION 103.
That the easement granted to the City of Atlanta, Fulton
County, shall contain such other reasonable terms, conditions, and covenants as
the State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 104.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 105.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Fulton County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 106.
That the authorization in this resolution to grant the
above-described easement to the City of Atlanta, Fulton County, shall expire
three years after the date that this resolution becomes
effective.
SECTION 107.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE X
SECTION
108.
That the State of Georgia is the owner of the
hereinafter described real property in Gwinnett County and in the custody of the
Department of Public Safety, hereinafter referred to as the "easement area," and
that, in all matters relating to the easement areas, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 109.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Gwinnett County, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of drainage lines in, on, over, under, upon, across, or through the
easement area for the purpose of constructing, installing, maintaining,
repairing, replacing, inspecting, and operating drainage lines together with the
right of ingress and egress over adjacent land of the State of Georgia as may be
reasonably necessary to accomplish the aforesaid purposes. Said easement area
is located at State Patrol Post 54 in Gwinnett County, Georgia, and is more
particularly described as follows:
Those portions and
those portions only as shown marked in yellow and designated as "Tract No. 1"on
a plat of survey dated May 8, 2000, prepared by Mack L. Meeks, and on file in
the offices of the State Properties Commission
and may
be more particularly described by a plat of survey prepared by a Georgia
registered land surveyor and presented to the State Properties Commission for
approval.
SECTION 110.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said drainage lines.
SECTION 111.
That, after Gwinnett County has put into use the drainage
lines for which this easement is granted, a subsequent abandonment of the use
thereof shall cause a reversion to the State of Georgia, or its successors and
assigns, of all the rights, title, privileges, powers, and easement granted
herein. Upon abandonment, Gwinnett County, or its successors and assigns, shall
have the option of removing its facilities from the easement area or leaving the
same in place, in which event the facilities shall become the property of the
State of Georgia, or its successors and assigns.
SECTION 112.
That no title shall be conveyed to Gwinnett County, and,
except as herein specifically granted to Gwinnett County, all rights, title, and
interest in and to said easement area are reserved in the State of Georgia,
which may make any use of said easement area not inconsistent with or
detrimental to the rights, privileges, and interest granted to Gwinnett
County.
SECTION 113.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Gwinnett County shall remove or relocate
its facilities to the alternate easement area at its sole cost and expense,
unless the State Properties Commission determines that the requested removal or
relocation is to be for the sole benefit of the State of Georgia and approves
payment by the State of Georgia of all or a portion of such actual cost and
expense, not to exceed by 20 percent the amount of a written estimate provided
by Gwinnett County. Upon written request, the State Properties Commission, in
its sole discretion, may permit the relocation of the facilities to an alternate
site on state owned land so long as the removal and relocation is paid by the
party or parties requesting such removal and at no cost and expense to the State
of Georgia.
SECTION 114.
That the easement granted to Gwinnett County shall contain
such other reasonable terms, conditions, and covenants as the State Properties
Commission shall deem in the best interest of the State of Georgia and that the
State Properties Commission is authorized to use a more accurate description of
the easement area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION 115.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 116.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Gwinnett County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 117.
That the authorization in this resolution to grant the
above-described easement to Gwinnett County shall expire three years after the
date that this resolution becomes effective.
SECTION 118.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XI
SECTION 119.
That the State of Georgia is the owner of the
hereinafter described real property in Jones County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 120.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Level 3 Communications, LLC, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of communications lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating communications
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located at Jarrell Plantation State Historic
Site in Jones County, Georgia, and is more particularly described as
follows:
That portion and that portion only located in
Land Lot 210 of the 12th District of Jones County as shown marked in orange on a
plat of survey dated October 11, 2000, prepared by David Norris Simpson, Georgia
Registered Land Surveyor #1695, and on file in the offices of the State
Properties Commission
and may be more particularly
described by a plat of survey prepared by a Georgia registered land surveyor and
presented to the State Properties Commission for approval.
SECTION 121.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said communications lines.
SECTION 122.
That, after Level 3 Communications, LLC has put into use the
communications lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Level 3 Communications, LLC, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 123.
That no title shall be conveyed to Level 3 Communications,
LLC, and, except as herein specifically granted to Level 3 Communications, LLC,
all rights, title, and interest in and to said easement area is reserved in the
State of Georgia, which may make any use of said easement area not inconsistent
with or detrimental to the rights, privileges, and interest granted to Level 3
Communications, LLC.
SECTION 124.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Level 3 Communications, LLC shall remove
or relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by Level 3 Communications, LLC. Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on state owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia.
SECTION 125.
That the easement granted to Level 3 Communications, LLC
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 126.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 127.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Jones County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 128.
That the authorization in this resolution to grant the
above-described easement to Level 3 Communications, LLC shall expire three years
after the date that this resolution becomes effective.
SECTION 129.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XII
SECTION 130.
That the State of Georgia is the owner of the
hereinafter described real property in Laurens County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 131.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Altamaha EMC, or its successors and assigns,
a nonexclusive easement for the construction, operation, and maintenance of
electrical transmission lines in, on, over, under, upon, across, or through the
easement area for the purpose of constructing, installing, maintaining,
repairing, replacing, inspecting, and operating electrical transmission lines,
together with the right of ingress and egress over adjacent land of the State of
Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
Said easement area is located at the Laurens County Public Fishing Area in
Laurens County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a drawing prepared by the Department of Natural Resources
and attached as Exhibit "A" of that certain Board of Natural Resources
Resolution dated October 25, 2000, and on file in the offices of the State
Properties Commission
and may be more particularly
described by a plat of survey prepared by a Georgia registered land surveyor and
presented to the State Properties Commission for approval.
SECTION 132.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said electrical transmission
lines.
SECTION 133.
That, after Altamaha EMC has put into use the electrical
transmission lines for which this easement is granted, a subsequent abandonment
of the use thereof shall cause a reversion to the State of Georgia, or its
successors and assigns, of all the rights, title, privileges, powers, and
easements granted herein. Upon abandonment, Altamaha EMC, or its successors and
assigns, shall have the option of removing its facilities from the easement area
or leaving the same in place, in which event the facilities shall become the
property of the State of Georgia, or its successors and
assigns.
SECTION 134.
That no title shall be conveyed to Altamaha EMC, and, except
as herein specifically granted to Altamaha EMC, all rights, title, and interest
in and to said easement area are reserved in the State of Georgia, which may
make any use of said easement area not inconsistent with or detrimental to the
rights, privileges, and interest granted to Altamaha EMC.
SECTION 135.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Altamaha EMC shall remove or relocate its
facilities to the alternate easement area at its sole cost and expense, unless
the State Properties Commission determines that the requested removal or
relocation is to be for the sole benefit of the State of Georgia and approves
payment by the State of Georgia of all or a portion of such actual cost and
expense, not to exceed by 20 percent the amount of a written estimate provided
by Altamaha EMC. Upon written request, the State Properties Commission, in its
sole discretion, may permit the relocation of the facilities to an alternate
site on state owned land so long as the removal and relocation is paid by the
party or parties requesting such removal and at no cost and expense to the State
of Georgia.
SECTION 136.
That the easement granted to Altamaha EMC shall contain such
other reasonable terms, conditions, and covenants as the State Properties
Commission shall deem in the best interest of the State of Georgia and that the
State Properties Commission is authorized to use a more accurate description of
the easement area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION 137.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 138.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Laurens County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 139.
That the authorization in this resolution to grant the
above-described easement to Altamaha EMC shall expire three years after the date
that this resolution becomes effective.
SECTION 140.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XIII
SECTION 141.
That the State of Georgia is the owner of the
hereinafter described real property in Madison County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 142.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Level 3 Communications, LLC, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of communications lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating communications
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located at the Broad River Natural Area in
Madison County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a two plats of survey marked Exhibit "A" and Exhibit "A1" of
that certain Revocable License Agreement dated May 26, 2000, and listed as real
property record #9371, and on file in the offices of the State Properties
Commission
and may be more particularly described on a
plat of survey prepared by a Georgia registered land surveyor and presented to
the State Properties Commission for approval.
SECTION 143.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said communications
lines.
SECTION 144.
That, after Level 3 Communications, LLC has put into use the
communications lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Level 3 Communications, LLC, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 145.
That no title shall be conveyed to Level 3 Communications,
LLC, and, except as herein specifically granted to Level 3 Communications, LLC,
all rights, title, and interest in and to said easement area are reserved in the
State of Georgia, which may make any use of said easement area not inconsistent
with or detrimental to the rights, privileges, and interest granted to Level 3
Communications, LLC.
SECTION 146.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Level 3 Communications, LLC shall remove
or relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by Level 3 Communications, LLC. Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on state owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia.
SECTION 147.
That the easement granted to Level 3 Communications, LLC
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 148.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 149.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Madison County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 150.
That the authorization in this resolution to grant the
above-described easement to Level 3 Communications, LLC shall expire three years
after the date that this resolution becomes effective.
SECTION 151.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XIV
SECTION 152.
That the State of Georgia is the owner of the
hereinafter described real property in Newton County and in the custody of the
Georgia Forestry Commission, hereinafter referred to as the "easement area," and
that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 153.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Snapping Shoals EMC, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of electrical transmission lines in, on, over, under, upon, across,
or through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating electrical
transmission lines together with the right of ingress and egress over adjacent
land of the State of Georgia as may be reasonably necessary to accomplish the
aforesaid purposes. Said easement area is located in Land Lot 219 of the 10th
District of Newton County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a two plats of survey marked Exhibit "A" of that certain
Revocable License Agreement dated December 12, 2000, and on file in the offices
of the State Properties Commission
and may be more
particularly described on a plat of survey prepared by a Georgia registered land
surveyor and presented to the State Properties Commission for
approval.
SECTION 154.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said electrical transmission
lines.
SECTION 155.
That, after Snapping Shoals EMC has put into use the
electrical transmission lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Snapping Shoals EMC, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 156.
That no title shall be conveyed to Snapping Shoals EMC, and,
except as herein specifically granted to Snapping Shoals EMC, all rights, title,
and interest in and to said easement area are reserved in the State of Georgia,
which may make any use of said easement area not inconsistent with or
detrimental to the rights, privileges, and interest granted to Snapping Shoals
EMC.
SECTION 157.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Snapping Shoals EMC shall remove or
relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by Snapping Shoals EMC. Upon written request, the State Properties
Commission, in its sole discretion, may permit the relocation of the facilities
to an alternate site on state owned land so long as the removal and relocation
is paid by the party or parties requesting such removal and at no cost and
expense to the State of Georgia.
SECTION 158.
That the easement granted to Snapping Shoals EMC shall
contain such other reasonable terms, conditions, and covenants as the State
Properties Commission shall deem in the best interest of the State of Georgia
and that the State Properties Commission is authorized to use a more accurate
description of the easement area, so long as the description utilized by the
State Properties Commission describes the same easement area herein
granted.
SECTION 159.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 160.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Newton County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 161.
That the authorization in this resolution to grant the
above-described easement to Snapping Shoals EMC shall expire three years after
the date that this resolution becomes effective.
SECTION 162.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XV
SECTION 163.
That the State of Georgia is the owner of the
hereinafter described real property in Rockdale County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 164.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Level 3 Communications, LLC, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of communications lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating communications
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in Land Lots 252, 253, and 254 of the
11th District of Rockdale County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a two plats of survey entitled "Panola Mountain", dated
October 18, 2000, prepared by David Norris Simpson, Georgia Registered Land
Surveyor #1695, and on file in the offices of the State Properties
Commission
and may be more particularly described on a
plat of survey prepared by a Georgia registered land surveyor and presented to
the State Properties Commission for approval.
SECTION 165.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said communications
lines.
SECTION 166.
That, after Level 3 Communications, LLC has put into use the
communications lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Level 3 Communications, LLC, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 167.
That no title shall be conveyed to Level 3 Communications,
LLC, and, except as herein specifically granted to Level 3 Communications, LLC,
all rights, title, and interest in and to said easement area are reserved in the
State of Georgia, which may make any use of said easement area not inconsistent
with or detrimental to the rights, privileges, and interest granted to Level 3
Communications, LLC.
SECTION 168.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Level 3 Communications, LLC shall remove
or relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and
approves payment by the State of Georgia of all or a portion of such actual cost
and expense, not to exceed by 20 percent the amount of a written estimate
provided by Level 3 Communications, LLC. Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on state owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia.
SECTION 169.
That the easement granted to Level 3 Communications, LLC
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description
utilized by the State Properties Commission describes the same easement area
herein granted.
SECTION 170.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 171.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Rockdale County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 172.
That the authorization in this resolution to grant the
above-described easement to Level 3 Communications, LLC shall expire three years
after the date that this resolution becomes effective.
SECTION 173.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XVI
SECTION 174.
That the State of Georgia is the owner of the
hereinafter described real property in Talbot County and in the custody of the
Georgia Forestry Commission, hereinafter referred to as the "easement area," and
that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 175.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Public Service Telephone Company of
Reynolds, Georgia, or its successors and assigns, a nonexclusive easement for
the construction, operation, and maintenance of communications lines in, on,
over, under, upon, across, or through the easement area for the purpose of
constructing, installing, maintaining, repairing, replacing, inspecting, and
operating communications lines together with the right of ingress and egress
over adjacent land of the State of Georgia as may be reasonably necessary to
accomplish the aforesaid purposes. Said easement area is located in Land Lot
203 of the 16th District of Talbot County, Georgia, and is more particularly
described as follows:
That portion and that portion
only as shown marked in yellow on a drawing prepared by Public Service Telephone
Company of Reynolds, Georgia, prepared by S. Mason, and being work order #10553,
and on file in the offices of the State Properties
Commission
and may be more particularly described on a
plat of survey prepared by a Georgia registered land surveyor and presented to
the State Properties Commission for approval.
SECTION 176.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said communications
lines.
SECTION 177.
That, after Public Service Telephone Company of Reynolds,
Georgia, has put into use the communications lines for which this easement is
granted, a subsequent abandonment of the use thereof shall cause a reversion to
the State of Georgia, or its successors and assigns, of all the rights, title,
privileges, powers, and easement granted herein. Upon abandonment, Public
Service Telephone Company of Reynolds, Georgia, or its successors and assigns,
shall have the option of removing its facilities from the easement area or
leaving the same in place, in which event the facilities shall become the
property of the State of Georgia, or its successors and
assigns.
SECTION 178.
That no title shall be conveyed to Public Service Telephone
Company of Reynolds, Georgia, and, except as herein specifically granted to
Public Service Telephone Company of Reynolds, Georgia, all rights, title, and
interest in and to said easement area is reserved in the State of Georgia, which
may make any use of said easement area not inconsistent with or detrimental to
the rights, privileges, and interest granted to Public Service Telephone Company
of Reynolds, Georgia.
SECTION 179.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Public Service Telephone Company of
Reynolds, Georgia, shall remove or relocate its facilities to the alternate
easement area at its sole cost and expense, unless the State Properties
Commission determines that the requested removal or relocation is to be for the
sole benefit of the State of Georgia and approves payment by the State of
Georgia of all or a portion of such actual cost and expense, not to exceed by 20
percent the amount of a written estimate provided by Public Service Telephone
Company of Reynolds, Georgia. Upon written request, the State Properties
Commission, in its sole discretion, may permit the relocation of the facilities
to an alternate site on state owned land so long as the removal and relocation
is paid by the party or parties requesting such removal and at no cost and
expense to the State of Georgia.
SECTION 180.
That the easement granted to Public Service Telephone
Company of Reynolds, Georgia, shall contain such other reasonable terms,
conditions, and covenants as the State Properties Commission shall deem in the
best interest of the State of Georgia and that the State Properties Commission
is authorized to use a more accurate description of the easement area, so long
as the description utilized by the State Properties Commission describes the
same easement area herein granted.
SECTION 181.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 182.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Talbot County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 183.
That the authorization in this resolution to grant the
above-described easement to Public Service Telephone Company of Reynolds,
Georgia, shall expire three years after the date that this resolution becomes
effective.
SECTION 184.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XVII
SECTION 185.
That the State of Georgia is the owner of the
hereinafter described real property in Tift County and in the custody of the
Georgia Department of Defense, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 186.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to BellSouth Telecommunications, Inc., or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of a telecommunications cabinet in, on, over, under, upon,
across, or through the easement area for the purpose of constructing,
installing, maintaining, repairing, replacing, inspecting, and operating a
telecommunications cabinet together with the right of ingress and egress over
adjacent land of the State of Georgia as may be reasonably necessary to
accomplish the aforesaid purposes. Said easement area is located in Land Lot
356 of the 6th District of Tift County, Georgia, and is more particularly
described as follows:
That portion and that portion
only as shown marked in yellow on a plat of survey entitled "BellSouth
Telecommunications", prepared by James R. McDougald, Georgia Registered Land
Surveyor # 2702, dated December 4, 2000, and on file in the offices of the State
Properties Commission
and may be more particularly
described on a plat of survey prepared by a Georgia registered land surveyor and
presented to the State Properties Commission for approval.
SECTION 187.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said telecommunications
cabinet.
SECTION 188.
That, after BellSouth Telecommunications, Inc. has put into
use the telecommunications cabinet for which this easement is granted, a
subsequent abandonment of the use thereof shall cause a reversion to the State
of Georgia, or its successors and assigns, of all the rights, title, privileges,
powers, and easement granted herein. Upon abandonment, Bellsouth
Telecommunications, Inc., or its successors and assigns, shall have the option
of removing its facilities from the easement area or leaving the same in place,
in which event the facilities shall become the property of the State of Georgia,
or its successors and assigns.
SECTION 189.
That no title shall be conveyed to BellSouth
Telecommunications, Inc., and, except as herein specifically granted to
BellSouth Telecommunications, Inc., all rights, title, and interest in and to
said easement area are reserved in the State of Georgia, which may make any use
of said easement area not inconsistent with or detrimental to the rights,
privileges, and interest granted to BellSouth Telecommunications,
Inc.
SECTION 190.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and BellSouth Telecommunications, Inc. shall
remove or relocate its facilities to the alternate easement area at its sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by BellSouth Telecommunications, Inc. Upon written request,
the State Properties Commission, in its sole discretion, may permit the
relocation of the facilities to an alternate site on state owned land so long as
the removal and relocation is paid by the party or parties requesting such
removal and at no cost and expense to the State of Georgia.
SECTION 191.
That the easement granted to BellSouth Telecommunications,
Inc. shall contain such other reasonable terms, conditions, and covenants as
the State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 192.
That the consideration for such easement shall be for the
fair market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 193.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Tift County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 194.
That the authorization in this resolution to grant the
above-described easement to BellSouth Telecommunications, Inc. shall expire
three years after the date that this resolution becomes
effective.
SECTION 195.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XVIII
SECTION 196.
That the State of Georgia is the owner of the
hereinafter described real property in Toombs County and in the custody of the
Department of Technical and Adult Education, hereinafter referred to as the
"easement area," and that, in all matters relating to the easement area, the
State of Georgia is acting by and through its State Properties
Commission.
SECTION 197.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Vidalia, Toombs County, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of sanitary sewer lines in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating sanitary sewer
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in the 1823 GMD of Toombs County,
Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a plat of survey prepared by Paul S. Buchele, Georgia
Registered Land Surveyor #2633, dated January 27, 2000, and on file in the
offices of the State Properties Commission
and may be
more particularly described on a plat of survey prepared by a Georgia registered
land surveyor and presented to the State Properties Commission for
approval.
SECTION 198.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said sanitary sewer lines.
SECTION 199.
That, after the City of Vidalia, Toombs County, has put into
use the sanitary sewer lines for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, the City of Vidalia, Toombs County,
or its successors and assigns, shall have the option of removing its
facilities from the easement area or leaving the same in place, in which event
the facilities shall become the property of the State of Georgia, or its
successors and assigns.
SECTION 200.
That no title shall be conveyed to the City of Vidalia,
Toombs County, and, except as herein specifically granted to the City of
Vidalia, Toombs County, all rights, title, and interest in and to said easement
area are reserved in the State of Georgia, which may make any use of said
easement area not inconsistent with or detrimental to the rights, privileges,
and interest granted to the City of Vidalia, Toombs County.
SECTION 201.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and the City of Vidalia, Toombs County, shall
remove or relocate its facilities to the alternate easement area at its sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by the City of Vidalia, Toombs County. Upon written request,
the State Properties Commission, in its sole discretion, may permit the
relocation of the facilities to an alternate site on state owned land so long as
the removal and relocation is paid by the party or parties requesting such
removal and at no cost and expense to the State of Georgia.
SECTION 202.
That the easement granted to the City of Vidalia, Toombs
County, shall contain such other reasonable terms, conditions, and covenants as
the State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 203.
That the consideration for such easement shall be $10.00 and
such further consideration and provisions as the State Properties Commission may
determine to be in the best interest of the State of
Georgia.
SECTION 204.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Toombs County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 205.
That the authorization in this resolution to grant the
above-described easement to the City of Vidalia, Toombs County, shall expire
three years after the date that this resolution becomes
effective.
SECTION 206.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XIX
SECTION 207.
That the State of Georgia is the owner of the
hereinafter described real property located in Glynn County and in the custody
of the Department of Natural Resources, hereinafter referred to as the "easement
area," and that, in all matters relating to the easement area, the State of
Georgia is acting by and through its State Properties
Commission.
SECTION 208.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Braswell Services Group, Inc., or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of a floating dry dock facility in, on, over, under, upon,
across, or through the easement area for the purpose of constructing, erecting,
installing, maintaining, repairing, replacing, inspecting, and operating a
floating dry dock facility together with the right of ingress and egress over
adjacent land of the State of Georgia as may be reasonably necessary to
accomplish the aforesaid purposes. Said easement area is located over river
bottoms of the Brunswick River in Glynn County, Georgia, and is more
particularly described as follows:
All that lot, tract
or parcel of land located in the 26th G.M.D., Brunswick, Glynn County, Georgia
containing 55.6 acres according to plat of survey prepared by James M. Sims,
Georgia Registered Surveyor No. 2280 for Braswell Services Group, Inc., dated
December 28, 2000, said property being more particularly described as follows:
Beginning at the point which marks the intersection of the center line of the 60
foot right-of-way of Albany Street and the center line of the 30 foot
right-of-way of Main Street, a/k/a Shipyard Drive and thence proceeding South 20
degrees 56 minutes 26 seconds West for a distance of 1321.5 feet to a point;
thence turning and proceeding South 69 degrees 03 minutes 34 seconds East for a
distance of 15 feet to a point; thence proceed South 20 degrees 56 minutes 26
seconds West for a distance of 1867.5 feet to a point; thence proceed South 86
degrees 54 minutes 56 seconds East for a distance of 83.67 feet to a point;
thence proceed North 80 degrees 44 minutes 26 seconds East for a distance of
77.28 feet to a point; thence proceed North 85 degrees 05 minutes 24 seconds
East for a distance of 120.64 feet to a point; which marks the Point or Place of
Beginning of the easement area herein described; thence proceed North 85 degrees
07 minutes 59 seconds East for a distance of 15.23 feet; thence proceed South 65
degrees 48 minutes 30 seconds East for a distance of 121.13 feet; thence proceed
South 68 degrees 37 minutes 34 seconds East for a distance of 119.92 feet to a
point; thence proceed South 68 degrees 38 minutes 32 seconds East for a distance
of 120.60 feet to a point; thence proceed South 71 degrees 29 minutes 38 seconds
East for a distance of 119.82 feet to a point; thence proceed South 72 degrees
55 minutes 34 seconds East for a distance of 120.03 feet to a point; thence
proceed South 78 degrees 36 minutes 26 seconds East for a distance of 121.13
feet to a point; thence proceed South 77 degrees 41 minutes 11 seconds East for
a distance of 111.25 feet to a point; thence proceed South 42 degrees 56 minutes
06 seconds East for a distance of 106.68 feet to a point; thence proceed South
17 degrees 03 minutes 54 seconds West for a distance of 2485.00 feet, more or
less to a point on the northern side of the Brunswick River Channel, said point
is hereinafter referred to a Point "A"; thence return along the lines previously
described to the Point of Beginning and proceeding South 20 degrees 56 minutes
26 seconds West for a distance of 2170.00 feet, more or less to a point along
the northern line of the East River Channel; thence proceeding in an easterly
direction along the northern boundary of the East River Channel and the
Brunswick River Channel to the point previously described as Point
"A";
and may be more particularly described by a plat
of survey prepared by a Georgia registered land surveyor and presented to the
State Properties Commission for approval.
SECTION 209.
That the above-described premises shall be used solely for
the purpose of planning, constructing, erecting, installing, maintaining,
repairing, replacing, inspecting, and operating said floating dry dock
facility.
SECTION 210.
That Braswell Services Group, Inc. shall have the right to
remove or cause to be removed from said easement area only such trees and bushes
as may be reasonably necessary for the proper construction, operation, and
maintenance of said floating dry dock facility.
SECTION 211.
That, after Braswell Services Group, Inc. has put into use
the floating dry dock facility for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, Braswell Services Group, Inc., or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facilities
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 212.
That no title shall be conveyed to Braswell Services Group,
Inc., and, except as herein specifically granted to Braswell Services Group,
Inc., all rights, title, and interest in and to said easement area are reserved
in the State of Georgia, which may make any use of said easement area not
inconsistent with or detrimental to the rights, privileges, and interest granted
to Braswell Services Group, Inc.
SECTION 213.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and Braswell Services Group, Inc. shall
remove or relocate its facilities to the alternate easement area at its sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by Braswell Services Group, Inc. Upon written request, the
State Properties Commission, in its sole discretion, may permit the relocation
of the facilities to an alternate site on state owned land so long as the
removal and relocation is paid by the party or parties requesting such removal
and at no cost and expense to the State of Georgia.
SECTION 214.
That the easement granted to Braswell Services Group, Inc.
shall contain such other reasonable terms, conditions, and covenants as the
State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 215.
That the consideration for such easement shall be the fair
market value, but not less than $650.00, and such further consideration and
provisions as the State Properties Commission may determine to be in the best
interest of the State of Georgia.
SECTION 216.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Glynn County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 217.
That the authorization in this resolution to grant the
above-described easement to Braswell Services Group, Inc. shall expire three
years after the date that this resolution becomes
effective.
SECTION 218.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XX
SECTION 219.
That the State of Georgia is the owner of the
hereinafter described real property in White County and in the custody of the
Department of Natural Resources, hereinafter referred to as the "easement area,"
and that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION 220.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to James F. Good and Ruth Krug Goode, or their
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of ingress and egress in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating ingress and egress
together with the right of ingress and egress over adjacent land of the State of
Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
Said easement area is located in Land Lot 90 of the 3rd District of White
County, Georgia, and is more particularly described as
follows:
That portion and that portion only as shown
marked in yellow on a plat of survey prepared by Roy A. Terrell, Georgia
Registered Land Surveyor #1700, dated August 30, 1994, and on file in the
offices of the State Properties Commission
and may be
more particularly described on a plat of survey prepared by a Georgia registered
land surveyor and presented to the State Properties Commission for
approval.
SECTION 221.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said ingress and
egress.
SECTION 222.
That, after James F. Goode and Ruth Krug Goode have put
into use the ingress and egress for which this easement is granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of Georgia,
or its successors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, James F. Goode and Ruth Krug Goode,
or their successors and assigns, shall have the option of removing their
facilities from the easement area or leaving the same in place, in which event
the facilities shall become the property of the State of Georgia, or its
successors and assigns.
SECTION 223.
That no title shall be conveyed to James F. Goode and Ruth
Krug Goode, and, except as herein specifically granted to James F. Goode and
Ruth Krug Goode, all rights, title, and interest in and to said easement area
are reserved in the State of Georgia, which may make any use of said easement
area not inconsistent with or detrimental to the rights, privileges, and
interest granted to James F. Goode and Ruth Krug Goode.
SECTION 224.
That if the State of Georgia, acting by and through its
State Properties Commission, determines that any or all of the facilities placed
on the easement area should be removed or relocated to an alternate site on
state owned land in order to avoid interference with the state´s use or
intended use of the easement area, it may grant a substantially equivalent
nonexclusive easement to allow placement of the removed or relocated facilities
across the alternate site, under such terms and conditions as the State
Properties Commission shall in its discretion determine to be in the best
interests of the State of Georgia, and James F. Goode and Ruth Krug Goode shall
remove or relocate their facilities to the alternate easement area at their sole
cost and expense, unless the State Properties Commission determines that the
requested removal or relocation is to be for the sole benefit of the State of
Georgia and approves payment by the State of Georgia of all or a portion of such
actual cost and expense, not to exceed by 20 percent the amount of a written
estimate provided by James F. Goode and Ruth Krug Goode. Upon written request,
the State Properties Commission, in its sole discretion, may permit the
relocation of the facilities to an alternate site on state owned land so long as
the removal and relocation is paid by the party or parties requesting such
removal and at no cost and expense to the State of Georgia.
SECTION 225.
That the easement granted to James F. Goode and Ruth Krug
Goode shall contain such other reasonable terms, conditions, and covenants as
the State Properties Commission shall deem in the best interest of the State of
Georgia and that the State Properties Commission is authorized to use a more
accurate description of the easement area, so long as the description utilized
by the State Properties Commission describes the same easement area herein
granted.
SECTION 226.
That the consideration for such easement shall be $1,000.00
and such further consideration and provisions as the State Properties Commission
may determine to be in the best interest of the State of
Georgia.
SECTION 227.
That this grant of easement shall be recorded by the grantee
in the Superior Court of White County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 228.
That the authorization in this resolution to grant the
above-described easement to James F. Goode and Ruth Krug Goode shall expire
three years after the date that this resolution becomes
effective.
SECTION 229.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect the grant of
the easement area.
ARTICLE
XXI
SECTION 230.
That all laws and parts of laws in conflict with this
resolution are repealed.