05 LC
18 4140
Senate
Resolution 123
By:
Senator Thomas of the 2nd
A
RESOLUTION
Authorizing
the granting of a nonexclusive easement for operation and maintenance of
utilities in, on, over, under, upon, across, or through property owned by the
State of Georgia in Chatham County, Georgia; to repeal conflicting laws; and for
other purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Chatham,
County, Georgia; and
WHEREAS,
the City of Savannah desires to operate and maintain a sanitary sewer line in,
on, over, under, upon, across, or through a portion of said property;
and
WHEREAS,
the sanitary sewer line in, on, over, under, upon, across, or through the
above-mentioned, hereinafter described state property has been approved by the
Department of Corrections, said being the custodian of the
property.
NOW,
THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION
1.
That
the State of Georgia is the owner of the hereinafter described real property in
Chatham 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
2.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Savannah, 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
purposes 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 8th GMD of Chatham County, Georgia, and is more particularly
described as follows:
That
portion and that portion only as shown highlighted in yellow on a plat of survey
dated April 12, 2004 and revised May 12, 2004 prepared by Steve R. Waters 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
3.
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
4.
That
the City of Savannah 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
5.
That,
after the City of Savannah 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 Savannah, 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
6.
That
no title shall be conveyed to the City of Savannah, and, except as herein
specifically granted to the City of Savannah, all rights, title, and interest in
and to said easement area is reserved to 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 Savannah.
SECTION
7.
That
this resolution does not affect and is not intended to affect any rights,
powers, interest, or liability of the Department of Transportation with respect
to the state highway system, a county with respect to the county road system, or
a municipality with respect to the city street system. 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 area.
SECTION
8.
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 Savannah 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
Savannah. 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
9.
That
the easement granted to the City of Savannah 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
10.
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
11.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Chatham County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
12.
That
the authorization in this resolution to grant the above-described easement to
the City of Savannah shall expire three years after the date that this
resolution becomes effective.
SECTION
13.
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
14.
That
all laws and parts of laws in conflict with this resolution are repealed.