05 SR80/AP
Senate
Resolution 80
By:
Senators Thomas of the 2nd, Schaefer of the 50th, Zamarripa of the 36th, Grant
of the 25th, Hamrick of the 30th and
others
ADOPTED
ADOPTED
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, Banks, Burke,
Chatham, Douglas, Fulton, and Newton counties, Georgia; to repeal conflicting
laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Baldwin,
Banks, Burke, Chatham, Douglas, Fulton, and Newton counties, Georgia;
and
WHEREAS,
the Alltel Communications, Victor M. Corral, Georgia Power, Chatham County, the
City of Savannah, and 1998 Augustus Partners, LP, 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 Department of Juvenile Justice, the Department of Natural
Resources, the Department of Defense, the Department of Human Resources, the
Department of Corrections, the Department of Technical and Adult Education, and
the Geo. L. Smith II Georgia World Congress Center with respect to property
under the jurisdiction of their respective departments.
NOW,
THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE
I
SECTION 1.
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 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
2.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Alltel Communications, or its successors and assigns, a nonexclusive
easement for the operation and maintenance of a telecommunications equipment
site in, on, over, under, upon, across, or through the easement area for the
purposes of maintaining, repairing, replacing, inspecting and operating a
telecommunications equipment site 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
Milledgeville, Baldwin County, Georgia, and on the grounds of the Bill E.
Ireland Youth Development Campus and is more particularly described as
follows:
"That
portion and that portion only as shown in yellow on a plat of survey dated
February 20, 2004, prepared by James R. McDougald 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 purposes of
installing, maintaining, repairing, replacing, inspecting, and operating said
telecommunications equipment site.
SECTION
4.
That
Alltel Communications 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 telecommunications
equipment site.
SECTION
5.
That,
after Alltel Telecommunications has put into use the telecommunications
equipment site 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, Alltel Communications, 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 Alltel Communications and, except as herein
specifically granted to Alltel Communications, all rights, title, and interest
in and to said easement area are 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 Alltel Communications.
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
statés
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 Alltel Communications 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 Alltel Communications. 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 at no cost and expense
to the State of Georgia.
SECTION
8.
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, of a county with respect to the county road
system, or of 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
9.
That
the easement granted to Alltel Communications 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 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 interests of the State of
Georgia.
SECTION
11.
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
12.
That
the authorization in this resolution to grant the above-described easement to
Alltel Communications 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.
ARTICLE
II
SECTION 14.
SECTION 14.
That
the State of Georgia is the owner of the hereinafter described real property in
Banks 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
15.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Victor M. Corral, or his successors and assigns, a nonexclusive
easement for the operation and maintenance of ingress and egress in, on, over,
under, upon, across, or through the easement area for the purposes of
maintaining, repairing, replacing, inspecting, and operating ingress and egress
together with the right of ingress and egress over adjacent land of the State of
Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
Said easement area is located in land lot 227 of the 10th district of Banks
County, Georgia, and is more particularly described as follows:
"That
portion and that portion only as shown in yellow on a plat of survey dated June
29, 2000, prepared by Samuel L. Duvald 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
16.
That
the above-described premises shall be used solely for the purposes of
installing, maintaining, repairing, replacing, inspecting, and operating said
ingress and egress.
SECTION
17.
That
Victor M. Corral shall have the right to remove or cause to be removed from
said easement area only such trees and bushes as may be reasonably necessary for
the proper operation and maintenance of said ingress and egress.
SECTION
18.
That,
after Victor M. Corral 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, Victor M. Corral, or his successors and assigns, shall have the
option of removing his facilities from the easement area or leaving the same in
place, in which event the easement shall become the property of the State of
Georgia or its successors and assigns.
SECTION
19.
That
no title shall be conveyed to Victor M. Corral and, except as herein
specifically granted to Victor M. Corral, all rights, title, and interest in and
to said easement area are 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 Victor M. Corral.
SECTION
20.
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
statés
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 Victor M. Corral 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 Victor M. Corral. 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 at no cost expense to the State of
Georgia.
SECTION
21.
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, of a county with respect to the county road system,
or of 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 his lawful use of the easement area or public
highway right of way and comply with all applicable state and federal
environmental statutes in his use of the easement area.
SECTION
22.
That
the easement granted to Victor M. Corral 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
23.
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 interests of the State of
Georgia.
SECTION
24.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Banks County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
25.
That
the authorization in this resolution to grant the above-described easement to
Victor M. Corral shall expire three years after the date that this resolution
becomes effective.
SECTION
26.
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 27.
SECTION 27.
That
the State of Georgia is the owner of the hereinafter described real property in
Burke 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 area, the State of Georgia is acting by and through its State
Properties Commission.
SECTION
28.
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 an electrical
distribution 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 an electrical distribution 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 60 and 62 in the City of Waynesboro,
Burke 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
Georgia Power Company, and being DWE# 303011001324 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
29.
That
the above-described premises shall be used solely for the purposes of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said electrical distribution line.
SECTION
30.
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 construction, operation, and maintenance of said electrical
distribution line.
SECTION
31.
That,
after Georgia Power Company has put into use the electrical distribution 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, 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
32.
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 are 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 Georgia Power Company.
SECTION
33.
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 sate owned land in order to
avoid interference with the
statés
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 at no cost and expense
to the State of Georgia.
SECTION
34.
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, of a county with respect to the county road system,
or of 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
35.
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 area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION
36.
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 interests of the State of Georgia.
SECTION
37.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Burke County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
38.
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
39.
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 40.
SECTION 40.
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 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
41.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Chatham County, or its successors and assigns, a nonexclusive easement
for the construction, operation, and maintenance of a drainage facility on,
over, under, upon, across, or through the easement area for the purposes of
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating a drainage facility together with the right of
ingress and egress over adjacent land of the State of Georgia as may be
reasonably necessary to accomplish the aforesaid purposes. Said easement area
is located in the 6th GMD of Chatham County, Georgia, and is more particularly
described as follows:
"Those
portions and those portions only as shown in yellow on a Department of
Transportation right of way map being sheets 11, 11a and 16 of project
NH-171-1(4) prepared by Jordan, Jones and Goulding, dated January 7, 2000 and
on file in the offices of the State Properties Commission"
and
may be more particularly described by a plat of survey prepared by a Georgia
Registered Land Surveyor and presented to the State Properties Commission for
approval.
SECTION
42.
That
the above-described premises shall be used solely for the purposes of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said drainage facility.
SECTION
43.
That
Chatham 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 drainage
facility.
SECTION
44.
That,
after Chatham County puts into use the drainage facility for which this easement
is granted, a subsequent abandonment of the use thereof shall cause a reversion
to the State of Georgia, or its successors and assigns, of all the rights,
title, privileges, powers, and easement granted herein. Upon abandonment,
Chatham 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
45.
That
no title shall be conveyed to Chatham County and, except as herein specifically
granted to Chatham County, all rights, title, and interest in and to said
easement area are 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 Chatham County.
SECTION
46.
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, of a county with respect to the county road system,
or of 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
47.
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
statés
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 Chatham County shall remove or relocate
its facilities to the alternate easement area at its sole cost and expense,
unless the State Properties Commission determines that the requested removal or
relocation is to be for the sole benefit of the State of Georgia and approves
payment by the State of Georgia of all or a portion of such actual cost and
expense, not to exceed by 20 percent the amount of a written estimate provided
by Chatham County. Upon written request, the State Properties Commission, in
its sole discretion, may permit the relocation of the facilities to an alternate
site on state owned land so long as the removal and relocation is paid by the
party or parties requesting such removal at no cost and expense to the State of
Georgia.
SECTION
48.
That
the easement granted to Chatham County shall contain such other reasonable
terms, conditions, and covenants as the State Properties Commission shall deem
in the best interests 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
49.
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 interests of the State of Georgia.
SECTION
50.
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
51.
That
the authorization in this resolution to grant the above-described easement to
Chatham County shall expire three years after the date that this resolution
becomes effective.
SECTION
52.
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 53.
SECTION 53.
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
54.
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
55.
That
the above-described premises shall be used solely for the purposes of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said sanitary sewer line.
SECTION
56.
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
57.
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
58.
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 are 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
59.
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, of a county with respect to the county road
system, or of 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
60.
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
statés
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 at no cost and expense
to the State of Georgia.
SECTION
61.
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 interests 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
62.
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 interests of the State of Georgia.
SECTION
63.
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
64.
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
65.
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 66.
SECTION 66.
That
the State of Georgia is the owner of the hereinafter described real property in
Douglas 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
67.
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 in, on,
over, under, upon, across, or through the easement area for the purposes of
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating guy wires 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
49 of the 1st district 5th section in the City of Douglasville, Douglas County,
Georgia, and is more particularly described as follows:
"That
portion and that portion only as shown in yellow on a drawing prepared by
Georgia Power Company and showing dimension of 45 feet by 10 feet 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
68.
That
the above-described premises shall be used solely for the purposes of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said guy wires.
SECTION
69.
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 construction, operation, and maintenance of said guy
wires.
SECTION
70.
That,
after Georgia Power Company has put into use the guy wires 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
71.
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 are 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 Georgia Power Company.
SECTION
72.
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, of a county with respect to the county road system,
or of 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
73.
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
statés
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 at no cost and expense
to the State of Georgia.
SECTION
74.
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 area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION
75.
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 interests of the State of Georgia.
SECTION
76.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Douglas County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
77.
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
78.
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 79.
SECTION 79.
That
the State of Georgia is the owner of the hereinafter described real property in
Fulton County, and the property is in the custody of the Geo. L. Smith II
Georgia World Congress Center, 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
80.
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 an overhead
transmission 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 an overhead transmission 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 Lot 82 of the 14th district, City of
Atlanta, Fulton 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
'Northwest – Davis Street Transmission Line Property of State of Georgia,'
prepared by Georgia Power Company, dated June 22, 2004, 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
81.
That
the above-described premises shall be used solely for the purposes of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said overhead transmission line.
SECTION
82.
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 construction, operation, and maintenance of said overhead
transmission line.
SECTION
83.
That,
after Georgia Power Company has put into use the overhead transmission 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, 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
84.
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 are 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 Georgia Power Company.
SECTION
85.
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 of a county with respect to the county road system,
or of 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
86.
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
statés
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 at no cost and expense
to the State of Georgia.
SECTION
87.
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 interests 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
88.
That
the consideration for such easement shall be for the fair market value and such
further consideration and provisions as the State Properties Commission may
determine to be in the best interests of the State of Georgia.
SECTION
89.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Fulton County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
90.
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
91.
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
VIII
SECTION 92.
SECTION 92.
That
the State of Georgia is the owner of the hereinafter described real property in
Newton 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
93.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to 1998 Augustus Partners, L. P., or its successors and assigns, a
nonexclusive easement for the construction, operation, and maintenance of a
storm drain 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 storm drain 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 295 of the 9th district of Newton County, Georgia, and
is more particularly described as follows:
"That
portion and that portion only as shown marked in yellow on a plat of survey
entitled '1998 Augustus Partners, L.P.' dated December 23, 2003, and prepared by
Fred Wilson Long 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
94.
That
the above-described premises shall be used solely for the purposes of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said storm drain.
SECTION
95.
That
1998 Augustus Partners, L. P., 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 storm
drain.
SECTION
96.
That,
after 1998 Augustus Partners, L. P., has put into use the storm drain 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, 1998 Augustus Partners, L. P., 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
97.
That
no title shall be conveyed to 1998 Augustus Partners, L. P., and, except as
herein specifically granted to 1998 Augustus Partners L. P., all rights, title,
and interest in and to said easement area are 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 1998 Augustus
Partners, L. P.
SECTION
98.
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, of a county with respect to the county road system,
or of 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
99.
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
statés
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 1998 Augustus Partners, L. P., 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 1998 Augustus Partners, L. P. 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
at no cost and expense to the State of Georgia.
SECTION
100.
That
the easement granted to 1998 Augustus Partners, L. P., shall contain such other
reasonable terms, conditions, and covenants as the State Properties Commission
shall deem in the best interests 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
101.
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 interests of the State of
Georgia.
SECTION
102.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Newton County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
103.
That
the authorization in this resolution to grant the above-described easement to
1998 Augustus Partners, L. P., shall expire three years after the date that this
resolution becomes effective.
SECTION
104.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect the grant of the easement
area.
ARTICLE
IX
SECTION 105.
SECTION 105.
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 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
106.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Savannah, Chatham County, or its successors and assigns, a
nonexclusive easement for the construction, operation, and maintenance of a
riverwalk dock facility in, on, over, under, upon, across, or through the
easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating a riverwalk dock
facility together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in the 2nd GM District, City of
Savannah, Chatham County, Georgia, and containing a total of 3.28 acres and is
more particularly described as:
"That
portion and that portion only as shown marked in yellow on a plat of survey
entitled 'Jurisdictional Lands of the Savannah River and the Village at
Oglethorpe Landing, LLC' dated February 23, 2005 and prepared by Boyce L. Young,
Georgia Registered Land Surveyor #2282 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
107.
That
the above-described premises shall be used solely for the purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said riverwalk dock facility.
SECTION
108.
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 riverwalk dock
facility.
SECTION
109.
That,
after the City of Savannah has put into use the riverwalk dock facility for
which this easement is granted, a subsequent abandonment of the use thereof
shall cause a reversion to the State of Georgia, or its successors and assigns,
of all the rights, title, privileges, powers, and easement granted herein. Upon
abandonment, 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
110.
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
111.
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, of a county with respect to the county road system,
or of 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
112.
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
statés
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 at no cost and expense
to the State of Georgia.
SECTION
113.
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 interests 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
114.
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 interests of the State of Georgia.
SECTION
115.
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
116.
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
117.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect the grant of easement area.
ARTICLE
X
SECTION 118.
SECTION 118.
That
all laws or parts of laws in conflict with this resolution are repealed.
