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SR120.html
03
SR120/AP
Senate Resolution
120 By: Senators Thomas of the 2nd, Price of the 56th,
Hill of the 4th, Stephens of the 51st, Brown of the 26th and others
AS PASSED
A RESOLUTION
Authorizing the granting of nonexclusive easements for
operation and maintenance of facilities, utilities, and ingress and egress, in,
on, over, under, upon, across, or through property owned by the State of Georgia
in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham,
Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties,
Georgia, and Hamilton County, Tennessee; authorizing the conveyance of certain
property located in Colquit County, Paulding County, and White County; to repeal
conflicting laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Baldwin,
Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper,
McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and
Hamilton County, Tennessee; and
WHEREAS, Baldwin
County, SED-Gray, LLC, Athens-Clarke County, the City of Cordele, the Atlanta
Gas Light Company, Forsyth County, the City of Alto, the City of Gainesville,
the Municipal Electric Authority of Georgia, the City of Thomson, Georgia Power
Company, Siguard Kviten, the Tennessee Department of Transportation, the
Tennessee Valley Authority, the City of Canton, Cherokee County, the City of
Cuthbert, and Screven County desire to operate and maintain facilities,
utilities, and ingress and egress, in, on, over, under, upon, across, or through
a portion of said property; and
WHEREAS, these
facilities, utilities, and ingress and egress, in, on, over, under, upon,
across, or through the above-described state property have been requested and/or
approved by the Georgian Forestry Commission, Department of Defense, Department
of Natural Resources, Department of Juvenile Justice, Department of Human
Resources, Department of Technical and Adult Education, Department of
Corrections, Department of Motor Vehicles, and the State Properties Commission
with respect to property under the jurisdiction of their respective departments;
and
WHEREAS: (1) The
State of Georgia is the owner of certain parcels of real property located in
Colquitt County, Georgia; (2) Said real property is
all that tract or parcel of land lying and being in Land Lot 246 of the 8th Land
District of Colquitt County, Georgia, as shown on a plat of survey entitled "Doc
Darbyshire Road Co. Rd. #239" dated May 19, 2002, and prepared by Jerry S.
Lindsey, Georgia Registered Land Surveyor #2626 containing 1.31 acres 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; (3) Said property is under the custody of
the Department of Technical and Adult Education and is a portion of Moultrie
Technical College; (4) Colquitt County is desirous of
acquiring the above-described property in order to widen and improve Doc
Darbyshire Road; (5) The Department of Technical and
Adult Education has no objection to the conveyance of the above-described
property to Colquitt County for the purpose of making road improvements; and
WHEREAS: (1) The State
of Georgia is the owner of certain parcels of real property located in Paulding
County, Georgia; (2) Said real property is all that
tract or parcel of land lying and being in Land Lot 1249 of the 3rd Land
District 3rd Section of Paulding County, Georgia, as shown on a plat of survey
entitled "New Hope First Baptist Church" dated February 26, 2003, and prepared
by Cecil R. Kelly, Georgia Registered Land Surveyor #2011 containing 0.402 of
one acre 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; (3) Said property is under the custody of
the Department of Natural Resources and is a portion of the Pickett´s Mill
State Historic Site, New Hope Marker; (4) New Hope
First Baptist Church adjoins the above mentioned historic site and is desirous
of acquiring a portion of the site for use as a portion of their parking
lot; (5) The Department of Natural Resources has no
objection to the conveyance of the above-described property to New Hope First
Baptist Church for the above stated purpose; and
WHEREAS: (1) The State of
Georgia is the owner of certain parcels of real property located in White
County, Georgia; (2) Said real property is all that
tract or parcel of land lying and being in Land Lot 162 of the 3rd Land District
of White County, Georgia, as shown on a White County Tax Plat #24 and containing
approximately 5 acres 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; (3) Said property is under
the custody of the Department of Human Resources and is a portion of the White
County Outdoor Therapeutic Center; (4) The
above-described property is not contiguous to the White County Outdoor
Therapeutic Center and is separated by Loudsville Road;
(5) The adjoining property owners John Tarpley Head,
Jr., and Tim Ravan have expressed an interest in acquiring the above-described
property; (6) The Department of Human Resources has
no objection to the conveyance of the above-described
property.
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 in Baldwin County, and the property is 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 2.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Baldwin County, or its successors and
assigns, a nonexclusive easement for the operation and maintenance of a water
line in, on, over, under, upon, across, or through the easement area for the
purpose of maintaining, repairing, replacing, inspecting, and operating a water
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 in the 320th GMD of Baldwin County,
Georgia, and is more particularly described as
follows: 'That portion and that portion only as shown
in yellow on a drawing dated December 13, 2001, prepared by Ingram &
Watkins, LLC Consulting Engineers 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 water sewer line.
SECTION 4.
That Baldwin 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 operation and maintenance of said water
line.
SECTION 5.
That, after Baldwin County has put into use the water 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, Baldwin County, or its 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 utility shall become the property of the State of
Georgia, or its successors and assigns.
SECTION 6.
That no title shall be conveyed to Baldwin County and,
except as herein specifically granted to Baldwin County, 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 Baldwin
County.
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 Baldwin 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 Baldwin 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 8.
That the easement granted to Baldwin 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 9.
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 10.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Baldwin 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 Baldwin County shall expire three years after the
date that this resolution becomes effective.
SECTION 11A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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.
T hat the State of Georgia is the owner of the hereinafter
described real property in Clarke County, and the property is 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 Athens/Clarke County, or its successors and
assigns, a nonexclusive easement for the operation and maintenance of a sanitary
sewer line in, on, over, under, upon, across, or through the easement area for
the purpose of maintaining, repairing, replacing, inspecting, and operating a
sanitary sewer 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 in the 216th GMD of Clarke
County, Georgia, and is more particularly described as
follows: 'That portion and that portion only as shown
in yellow on a plat of survey dated February 3, 1999, prepared by J. R. Holland,
Georgia Registered Land Surveyor # 1087 the 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 installing, maintaining, repairing, replacing, inspecting,
and operating said sanitary sewer line.
SECTION 16.
That Athens/Clarke 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 operation and maintenance of said sanitary
sewer line.
SECTION 17.
That, after the Athens/Clarke County has put into use the
sanitary sewer 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, Athens/Clarke County, or its
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 utility shall
become the property of the State of Georgia, or its successors and
assigns.
SECTION 18.
That no title shall be conveyed to Athens/Clarke County and,
except as herein specifically granted to Athens/Clarke County, 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 Athens/Clarke
County.
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 Athens/Clarke 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 Athens/Clarke 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 20.
That the easement granted to Athens/Clarke 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 21.
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 22.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Clarke 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 Athens/Clarke County shall expire three years after
the date that this resolution becomes effective.
SECTION 23A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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
Crisp County, and the property is in the custody of the Department of Juvenile
Justice 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 the City of Cordele, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of a sanitary sewer manhole 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 sanitary sewer
manhole 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 228 of the 10th Land
District of Crisp 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 Keck and Wood, Inc., dated February
12, 2002 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 sanitary sewer
manhole.
SECTION 28.
That the City of Cordele 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 manhole.
SECTION 29.
That, after the City of Cordele has put into use the
sanitary sewer manhole 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 Cordele, 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 facility
shall become the property of the State of Georgia or its successors and
assigns.
SECTION 30.
That no title shall be conveyed to the City of Cordele, and,
except as herein specifically granted to the City of Cordele, 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 the City of
Cordele.
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 the City of Cordele 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 Cordele. 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 the City of Cordele 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 $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 34.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Crisp 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 the City of Cordele shall expire three years after
the date that this resolution becomes effective.
SECTION 35A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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
Floyd County, and the property is in the custody of the Department of Human
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 Atlanta Gas Light Company, or its successors
and assigns, a nonexclusive easement for the construction, operation, and
maintenance of a natural gas line on, over, under, upon, across, or through the
easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating a natural gas 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 in Land Lots 200 of the 23rd Land District of
Floyd County, Georgia, and is more particularly described as
follows: 'That portion and that portion only as shown
in yellow on utility plan sheets C10, C11and C12 entitled "Rome Probation
Detention Center" prepared by Rainwater and Associates, dated May 31, 2002 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 natural gas
line.
SECTION 40.
That Atlanta Gas Light Company 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 natural gas line.
SECTION 41.
That, after Atlanta Gas Light Company has put into use the
natural gas 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, Atlanta Gas Light Company, 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 facility
shall become the property of the State of Georgia or its successors and
assigns.
SECTION 42.
That no title shall be conveyed to Atlanta Gas Light
Company, and, except as herein specifically granted to Atlanta Gas Light
Company, 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 Atlanta Gas Light Company.
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 Atlanta Gas Light Company 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 Atlanta Gas Light Company. 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 Atlanta Gas Light Company 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 Floyd 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 Atlanta Gas Light Company shall expire three years
after the date that this resolution becomes effective.
SECTION 47A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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 Forsyth County, and the property is in
the custody of the State Properties 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 50.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Forsyth County, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of a water line on, over, under, upon, across, or through the
easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating a water 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 in Forsyth County, Georgia, and are more
particularly described as follows: 'That portion and
that portion only as shown highlighted in yellow on plat of survey entitled
"Water Line Easement" prepared by Billy Ray Cheek, Georgia registered Land
Surveyor #1615, dated November 7, 2001 and all 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 water
line.
SECTION 52.
That Forsyth 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 water line.
SECTION 53.
That, after Forsyth County has put into use the water 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, Forsyth 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 facility shall become the property of the State of
Georgia or its successors and assigns.
SECTION 54.
That no title shall be conveyed to Forsyth County, and,
except as herein specifically granted to Forsyth County, 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 Forsyth
County.
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 Forsyth 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 Forsyth 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 56.
That the easement granted to Forsyth 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 57.
That the consideration for such easement shall be for
$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 Forsyth 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 Forsyth County shall expire three years after the
date that this resolution becomes effective.
SECTION 59A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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 Habersham County, and the property is 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 62.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Alto, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of a water well 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 water well
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 196 of the 10th District of Habersham
County, Georgia, and is more particularly described as
follows: 'That portion and that portion only as shown
in yellow on a plat of survey entitled "Survey For the Town of Alto", dated May
13, 2002, prepared by Jeff Weshner, Georgia Registered Land Surveyor #2323 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 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 water
well.
SECTION 64.
That the City of Alto 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 water well.
SECTION 65.
That, after the City of Alto has put into use the water well
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 Alto, 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 facility shall become the property of the State of
Georgia or its successors and assigns.
SECTION 66.
That no title shall be conveyed to the City of Alto, and,
except as herein specifically granted to the City of Alto, 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 the City of
Alto.
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 the City of Alto 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 Alto. 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 the City of Alto 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 Habersham 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 the City of Alto shall expire three years after the
date that this resolution becomes effective.
SECTION 71A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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 Hall County, and the property is in the custody of
the Department of Corrections and Department of Motor Vehicles, 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 74.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Gainesville, or its successors
and assigns, a nonexclusive easement for the construction, operation, and
maintenance of a sanitary sewer 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 a sanitary sewer
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 in the 411th GMD in the City of
Gainesville, Hall County , Georgia, and is more particularly described as
follows: 'That portion and that portion only as shown
in yellow on a plat of survey entitled "Allen Creek Regional Sewerage
Facilities" dated August 9, 2002, prepared by Edwin E. Ledford, Georgia
Registered Land surveyor #2340 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 75.
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
line.
SECTION 76.
That the City of Gainesville 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 line.
SECTION 77.
That, after the City of Gainesville has put into use the
sanitary sewer 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, the City of Gainesville, 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 facility
shall become the property of the State of Georgia or its successors and
assigns.
SECTION 78.
That no title shall be conveyed to the City of Gainesville,
and, except as herein specifically granted to the City of Gainesville, 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 the City
of Gainesville.
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 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 Gainesville 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 Gainesville. 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 easement granted to the City of Gainesville 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 81.
That the consideration for such easement shall be for $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 this grant of easement shall be recorded by the grantee
in the Superior Court of Hall 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 easement to the city of Gainesville 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 area.
SECTION 84A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement areas.
ARTICLE
VIII SECTION 85. That
the State of Georgia is the owner of the hereinafter described real property in
Jasper County, and the property is 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 86.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the Municipal Electric Authority of Georgia
(MEAG), 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, erecting, 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
are located in Land Lot 65 of the 16th District of Jasper 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 "MEAG Power" dated November 14, 2002 and prepared by J. B. Faircloth,
Georgia Registered Land Surveyor No. 2120 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 87.
That the above-described premises shall be used solely
for the purpose of planning, constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating said electrical
transmission lines.
SECTION 88.
That MEAG 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
electrical transmission lines.
SECTION 89.
That, after MEAG 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, MEAG, 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 facility shall become the property
of the State of Georgia or its successors and assigns.
SECTION 90.
That no title shall be conveyed to MEAG and, except as
herein specifically granted to MEAG, 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 MEAG.
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 MEAG 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 MEAG. 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 MEAG 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 Jasper 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 MEAG shall expire three years after the date that
this resolution becomes effective.
SECTION 95A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
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
XI SECTION 97.
That the State of Georgia is the owner of the hereinafter
described real property in McDuffie County, and the property is 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 98.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Thomson, 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 the 134th GMD of McDuffie 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 "City of Thomson at Augusta
Technical Institute" dated March 20, 2002 prepared by John A. Mcgill, Georgia
Registered Land Surveyor #1753 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 99.
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 100.
That the City of Thomson 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 101.
That, the City of Thomson 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 Thomson 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 facility shall become the property
of the State of Georgia, or its successors and assigns.
SECTION 102.
That no title shall be conveyed to the City of Thomson and,
except as herein specifically granted to the City of Thomson, 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 the City of
Thomson.
SECTION 103.
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 Thomson 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 Thomson. 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 104.
That the easement granted to the City of Thomson 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 105.
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 106.
That this grant of easement shall be recorded by the grantee
in the Superior Court of McDuffie County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 107.
That the authorization in this resolution to grant the
above-described easement to the City of Thomson shall expire three years after
the date that this resolution becomes effective.
SECTION 107A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 108.
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
109.
That the State of Georgia is the owner of the hereinafter
described real property in Glynn and McIntosh Counties, Georgia, and the
property is 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 110.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Georgia Power Company, or its successors and
assigns, a nonexclusive easement for the construction, operation and maintenance
of guy wires and anchors 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 are located in within the
boundary of the Altamaha Wildlife Management in Glynn and McIntosh Counties,
Georgia, and are more particularly described as
follows: 'That portion and that portion only as shown
marked in yellow on a drawing marked as Exhibit "A" on the Board of Natural
Resources Resolution dated September 25, 2002 under project Altamaha WMA, 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 111.
That the above-described premises shall be used solely for
the purpose of, constructing, erecting, installing, maintaining, repairing,
replacing, inspecting, and operating said guy wires and
anchors.
SECTION 112.
That Georgia Power Company 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 of said guy wires and
anchors.
SECTION 113.
That, after Georgia Power Company, has put into use the guy
wires and anchors 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, Georgia Power Company, 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 facility
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 114.
That no title shall be conveyed to Georgia Power Company
and, except as herein specifically granted to Georgia Power Company, 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 Georgia Power
Company.
SECTION 115.
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 Georgia Power Company 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 Georgia Power Company. 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 116.
That the easement granted to Georgia Power Company 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 area herein
granted.
SECTION 117.
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 118.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Glynn and McIntosh Counties, and a recorded copy shall
be forwarded to the State Properties Commission.
SECTION 119.
That the authorization in this resolution to grant the
above-described easement to Georgia Power Company shall expire three years after
the date that this resolution becomes effective.
SECTION 119A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 120.
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 121.
That the State of Georgia is the owner of the hereinafter
described real property in Morgan County, Georgia, and the property is 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 122.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Sigurd Kviten, or its 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 within the boundary of Hard Labor Creek State Park in Morgan
County, Georgia, and is more particularly described as
follows: 'That portion and that portion only as shown
marked in yellow on a drawing attached as Exhibit "A" to that certain Board of
Natural Resources Resolution dated September 25, 2002 listed as Project "Hard
Labor Creek State Park" 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 123.
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 124.
That Sigurd Kviten 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 ingress and egress.
SECTION 125.
That, after Sigurd Kviten has 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, Sigurd Kviten, 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 126.
That no title shall be conveyed to Sigurd Kviten, and,
except as herein specifically granted to Sigurd Kviten, 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 Sigurd
Kviten.
SECTION 127.
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 Sigurd Kviten or its successors and
assigns 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 Sigurd Kviten. 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 128.
That the easement granted to Sigurd Kviten 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 129.
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 130.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Morgan County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 131.
That the authorization in this resolution to grant the
above-described easement to Sigurd Kviten shall expire three years after the
date that this resolution becomes effective.
SECTION 131A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 132.
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 133.
That the State of Georgia is the owner of the hereinafter
described real property in Hamilton County, Tennessee, and the property is in
the custody of the State Properties 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 134.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the Tennessee Department of Transportation,
or its successors and assigns, a nonexclusive easement for the construction,
operation, and maintenance of a bridge in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, inspecting, and operating a bridge 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 City of Chattanooga, Hamilton County, Tennessee, and is more
particularly described as follows: 'That portion and
that portion only as marked in yellow on a drawing prepared by State of
Tennessee Department of Transportation Bureau of Planning and Development 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 135.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
inspecting, and operating said bridge.
SECTION 136.
That, after the Tennessee Department of Transportation has
put into use the bridge 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 Tennessee Department of
Transportation, 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 facility shall become the property of the State of Georgia or its
successors and assigns.
SECTION 137.
That no title shall be conveyed to the Tennessee Department
of Transportation, and, except as herein specifically granted to the Tennessee
Department of Transportation, 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 the Tennessee Department of
Transportation.
SECTION 138.
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 Tennessee Department of
Transportation 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 Tennessee Department of
Transportation. 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 139.
That the easement granted to the Tennessee Department of
Transportation 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 140.
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 141.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Hamilton County, Tennessee and a recorded copy shall be
forwarded to the State Properties Commission.
SECTION 142.
That the authorization in this resolution to grant the
above-described easement to the Tennessee Department of Transportation shall
expire three years after the date that this resolution becomes
effective.
SECTION 142A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 143.
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 144.
That the State of Georgia is the owner of the hereinafter
described real property in Hamilton County, Tennessee, and the property is in
the custody of the State Properties Commission, 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 145.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the Tennessee Valley Authority, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of electrical distribution 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 distribution 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 areas are located in the First
Civil District of Hamilton County, Tennessee, within Western and Atlantic
Railroad right of way, and is more particularly described as
follows: 'That portion and that portion only as shown
marked in yellow as shown on Sheet 1A of US-TVA drawing LW_1938, revision 4
prepared for the Tennessee Valley Authority, 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 146.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said electrical distribution
lines.
SECTION 147.
That, after the Tennessee Valley Authority has put into use
the electrical distribution lines 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 Tennessee Valley 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 facility
shall become the property of the State of Georgia or its successors and
assigns.
SECTION 148.
That no title shall be conveyed to the Tennessee Valley
Authority, and, except as herein specifically granted to the Tennessee Valley
Authority, 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 areas
not inconsistent with or detrimental to the rights, privileges, and interest
granted to the Tennessee Valley Authority.
SECTION 149.
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 sites, 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 Tennessee Valley Authority shall
remove or relocate its facilities to the alternate easement areas 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 Tennessee Valley 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 150.
That the easement granted to the Tennessee Valley 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 areas, so long as the description utilized
by the State Properties Commission describes the same easement areas herein
granted.
SECTION 151.
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 152.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall
be forwarded to the State Properties Commission.
SECTION 153.
That the authorization in this resolution to grant the
above-described easement to the Tennessee Valley Authority shall expire three
years after the date that this resolution becomes
effective.
SECTION 153A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 154.
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 155.
That the State of Georgia is the owner of the hereinafter
described real property in Bibb County, and the property is in the custody of
the Department of Defense, 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 156.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to SED-Gray, LLC, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of underground supports for a retaining wall in, on, over, under,
upon, across, or through the easement area for the purpose of constructing,
installing, maintaining, repairing, replacing, inspecting, and operating
underground supports for a retaining wall, 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 Land Lot 38 of the Macon Reserve East Land District of Bibb County, and is
more particularly described as follows: 'That portion
and that portion only as shown marked in yellow as Grading and Drainage Plan,
being sheet #C-4, dated April 22, 2002 entitled Walgreens #06790, 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 157.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said underground support for a retaining
wall.
SECTION 158.
That, after SED-Gray, LLC has put into use the underground
supports for a retaining wall 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, SED-Gray, 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 facility shall become the
property of the State of Georgia or its successors and
assigns.
SECTION 159.
That no title shall be conveyed to SED-Gray, LLC, and,
except as herein specifically granted to SED-Gray, 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 areas not inconsistent with or detrimental to
the rights, privileges, and interest granted to SED-Gray,
LLC.
SECTION 160.
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 sites, 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 SED-Gray, LLC shall remove or relocate
its facilities to the alternate easement areas 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 SED-Gray, 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 161.
That the easement granted to SED-Gray, 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 areas, so long as the description utilized by the State Properties
Commission describes the same easement areas herein
granted.
SECTION 162.
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 163.
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 164.
That the authorization in this resolution to grant the
above-described easement to SED-Gray, LLC shall expire three years after the
date that this resolution becomes effective.
SECTION 164A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 165.
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 166.
That the State of Georgia is the owner of the hereinafter
described real property in Cherokee County, and the property is in the custody
of the Department of Defense, 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 167.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Canton, Cherokee County, or its
successors and assigns, a nonexclusive easement for the construction, operation,
and maintenance of storm water piping in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating storm water piping,
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 159 of the 14th District, 2nd Section
of Cherokee County, and is more particularly described as
follows: 'That portion and that portion only as shown
highlighted in yellow as drawing provided by the City of Canton, Cherokee
County, 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 168.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said storm water
piping.
SECTION 169.
That, after the City of Canton, Cherokee County, has put
into use the storm water piping 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 Canton, Cherokee 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 facility
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 170.
That no title shall be conveyed to the City of Canton,
Cherokee County, and, except as herein specifically granted to the City of
Canton, Cherokee County, 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 areas not inconsistent with or detrimental to the rights, privileges,
and interest granted to the City of Canton, Cherokee
County.
SECTION 171.
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 sites, 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 Canton, Cherokee County,
shall remove or relocate its facilities to the alternate easement areas 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 Canton, Cherokee 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 172.
That the easement granted to the City of Canton, Cherokee
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 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 173.
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 174.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Cherokee County, and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 175.
That the authorization in this resolution to grant the
above-described easement to the City of Canton, Cherokee County, shall expire
three years after the date that this resolution becomes
effective.
SECTION 175A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 176.
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 177.
That the State of Georgia is the owner of the hereinafter
described real property in Screven County, and the property is 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 areas, the State of
Georgia is acting by and through its State Properties
Commission.
SECTION 178.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to Screven County, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of roadways in, on, over, under, upon, across, or through the
easement area for the purpose of constructing, installing, maintaining,
repairing, replacing, inspecting, and operating roadways, 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 37th GMD of Screven County, and is more particularly described
as follows: 'That portion and that portion only as
shown highlighted in yellow on a plat of survey entitled "Property Survey for
Screven County Old River County Road" dated December 17, 2001 and prepared by
Warren E. Poythress, Georgia Registered Land Surveyor #1953 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 179.
That the above-described premises shall be used solely for
the purpose of planning, constructing, installing, maintaining, repairing,
replacing, inspecting, and operating said roadway.
SECTION 180.
That, after Screven County has put into use the roadway 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 Screven 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 facility shall become the property of the State of
Georgia, or its successors and assigns.
SECTION 181.
That no title shall be conveyed to Screven County and,
except as herein specifically granted to Screven County, 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 areas not inconsistent with or detrimental to
the rights, privileges, and interest granted to Screven
County.
SECTION 182.
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 sites, 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 Screven County shall remove or relocate
its facilities to the alternate easement areas 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 Screven 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 183.
That the easement granted to Screven 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 184.
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 185.
That this grant of easement shall be recorded by the grantee
in the Superior Screven County, County and a recorded copy shall be forwarded to
the State Properties Commission.
SECTION 185A.
This resolution does not affect and is not intended to
affect any right, powers, interest, or liability of the Department of
Transportation with respect to the state highway system, or of a county with
respect to the county road system or of a municipality with respect to the city
street system. The grantee shall obtain any and all other required permits from
the appropriate governmental agencies as are necessary for its lawful use of the
easement area or public highway right of way and comply with all applicable
state and federal environmental statutes in its use of the easement
areas.
SECTION 186.
That the authorization in this resolution to grant the
above-described easement to Screven County shall expire three years after the
date that this resolution becomes effective.
ARTICLE
XVII SECTION 187.
That the State of Georgia is the owner of the hereinafter
described real property in Randolph County, and the property is 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 areas, the
State of Georgia is acting by and through its State Properties
Commission.
SECTION 188.
That the State of Georgia, acting by and through its State
Properties Commission, may grant to the City of Cuthbert, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of a sanitary sewer line in, on, over, under, upon, across, or
through the easement area for the purpose of constructing, installing,
maintaining, repairing, replacing, inspecting, and operating a sanitary sewer
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 in the Land Lot 1 of the 6th District
of Randolph County, and is more particularly described as
follows: 'That portion and that portion only as shown
highlighted in yellow on a plat of survey entitled "City of Cuthbert and State
of Georgia" dated August 6, 2002, and prepared by B. H. Langford Jr. Georgia
Registered Land Surveyor #2209 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 189.
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 line.
SECTION 190.
That, after the City of Cuthbert has put into use the
sanitary sewer 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, the City of Cuthbert, 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 facility
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION 191.
That no title shall be conveyed to the City of Cuthbert and,
except as herein specifically granted to the City of Cuthbert, 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 areas not inconsistent with or
detrimental to the rights, privileges, and interest granted to the City of
Cuthbert.
SECTION 192.
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 sites, 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 Cuthbert shall remove or
relocate its facilities to the alternate easement areas 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 Cuthbert. 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 193.
That the easement granted to the City of Cuthbert 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 area herein
granted.
SECTION 194.
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 195.
That this grant of easement shall be recorded by the grantee
in the Superior Court of Randolph County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 196.
That the authorization in this resolution to grant the
above-described easement to the City of Cuthbert County shall expire three years
after the date that this resolution becomes effective.
ARTICLE
XVIII SECTION 197.
That the State of Georgia is the owner of the
above-described Colquit County real property and that in all matters relating to
the conveyance of the real property the State of Georgia is acting by and
through its State Properties Commission.
SECTION 198.
That the above-described real property may be conveyed by
appropriate instrument to Colquit County by the State of Georgia acting by and
through its State Properties Commission for a consideration of $10.00, so long
as the property is used for public purpose and such further consideration and
provisions as the State Properties Commission shall in its discretion determine
to be in the best interest of the State of Georgia.
SECTION 199.
That the authorization in this resolution to convey the
above-described property to Colquit County shall expire three years after the
date that this resolution becomes effective.
SECTION 200.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect such
conveyance.
SECTION 201.
That the deed of conveyance shall be recorded by the grantee
in the Superior Court of Colquit County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 202.
That custody of the above-described property shall remain
the custody of the Department of Technical and Adult Education until the
property is conveyed to Colquit County.
ARTICLE
XIX SECTION 203.
That the State of Georgia is the owner of the
above-described Paulding County real property and that in all matters relating
to the conveyance of the real property the State of Georgia is acting by and
through its State Properties Commission.
SECTION 204.
That the above-described real property may be conveyed by
appropriate instrument to New Hope First Baptist Church by the State of Georgia
acting by and through its State Properties Commission for a consideration of the
fair market value, but not less than $650.00 and such further consideration and
provisions as the State Properties Commission shall in its discretion determine
to be in the best interest of the State of Georgia.
SECTION 205.
That the authorization in this resolution to convey the
above-described property to New Hope First Baptist Church 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 such
conveyance.
SECTION 207.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect such
conveyance.
SECTION 208.
That the deed of conveyance shall be recorded by the grantee
in the Superior Court of Paulding County and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION 209.
That custody of the above-described property shall remain
the custody of the Department of Natural Resources until the property is
conveyed to New Hope First Baptist Church.
ARTICLE
XX SECTION 210.
That the State of Georgia is the owner of the
above-described White County real property and that in all matters relating to
the conveyance of the real property the State of Georgia is acting by and
through its State Properties Commission.
SECTION 211.
That the above-described real property may be conveyed by
appropriate instrument to the adjoining property owned, John Tarpley Head and
Tim Ravan by the State of Georgia acting by and through its State Properties
Commission for a consideration of the fair market value, but not less than
$650.00 and such further consideration and provisions as the State Properties
Commission shall in its discretion determine to be in the best interest of the
State of Georgia.
SECTION 212.
That the authorization in this resolution to convey the
above-described property to John Tarpley Head and Tim Ravan shall expire three
years after the date that this resolution becomes
effective.
SECTION 213.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect such
conveyance.
SECTION 214.
That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect such
conveyance.
SECTION 215.
That the deeds of conveyance shall be recorded by the
grantee in the Superior Court of White County and a recorded copy shall be
forwarded to the State Properties Commission.
SECTION 216.
That custody of the above-described property shall remain
the custody of the Department of Human Resources until the property is conveyed
to John Tarpley Head and Tim Ravan.
ARTICLE
XXI SECTION 217.
That all laws and parts of laws in conflict with this
resolution are repealed.
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