09 LC 35
1281S
House
Resolution 279 (COMMITTEE SUBSTITUTE)
By:
Representative Barnard of the
166th
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 Candler, Cobb, Dawson,
Douglas, Fulton, Grady, and Muscogee counties, Georgia; to repeal conflicting
laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Candler,
Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia;
and
WHEREAS,
the City of Metter, Cobb County, City of Smyrna, Georgia Transmission
Corporation, Connexion Technologies, Inc., Georgia Power Company, CNN Center
Ventures, City of Atlanta, City of Cairo, and City of Columbus 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,
approved, or both, by the Georgia Department of Defense, State Properties
Commission, Georgia Forestry Commission, Department of Natural Resources, and
the Department of Economic Development on behalf of the Georgia World Congress
Center Authority.
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
Candler County, and the property is in the custody of the Georgia Department of
Defense, hereinafter referred to as the "easement area" and that, in all matters
relating to the easement area, the State of Georgia is acting by and through its
State Properties Commission.
SECTION
2.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Metter, 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 City of Metter, Candler County, Georgia, and is more
particularly described as follows:
"That
0.275 acre portion and that portion only as shown highlighted in yellow on a
plat of survey dated April 16, 2008, prepared by Donald Marsh and Associates
surveyor, 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 Metter 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 Metter 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 Metter, 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 Metter, and, except as herein
specifically granted to the City of Metter, 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 Metter.
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 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 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
Metter 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 Metter. 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. If an easement is relocated
for any reason, the State Properties Commission is authorized to convey by
quitclaim deed the state's interest in the former easement area.
SECTION
9.
That
the easement granted to the City of Metter 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 $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
Candler 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 Metter shall expire three years after the date that this resolution
is enacted into law and approved by the State Properties
Commission.
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
Cobb County, Georgia, and that 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
15.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Cobb County or its successors and assigns, a nonexclusive easement area
above and across the property which is leased to CSX Corporation as successor to
the Seaboard System Railroad, Inc., for the operation and maintenance of a new
pedestrian path or trail and bridge. Said easement area is located south of
Marietta, Georgia, in Cobb County, and is more particularly described as
follows:
"That
approximately 0.037 of an acre permanent easement and approximately 0.0546 of
an acre of temporary construction easement air-rights portion and that portion
only as shown on that drawing titled Georgia Cobb County Right of Way of
Proposed Spring Road Enhanced Sidewalk Project CSCMQ-0006-00 (876) dated August
14, 2006, Sheets 1, 2, 18 and 21 of 21 as last revised on November 17, 2008,
prepared by Arcadis, 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 purpose of installing,
maintaining, and operating said pedestrian path or trail and bridge, and that
the design and construction plans for the easement area must be approved by the
CSX Corporation as lessee prior to initiation of construction.
SECTION
17.
That
Cobb 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 path or trail and bridge.
SECTION
18.
That,
after Cobb County has put into use the pedestrian path or trail and bridge this
easement is granted for, 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, Cobb 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 path or trail and bridge shall become the property of the
State of Georgia, or its successors and assigns.
SECTION
19.
That
no title shall be conveyed to Cobb County and, except as herein specifically
granted to Cobb 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 Cobb County.
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 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 Cobb 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 Cobb 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. If an easement is relocated for any
reason, the State Properties Commission is authorized to convey by quitclaim
deed the state's interest in the former easement area.
SECTION
21.
That
the easement granted to Cobb 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
22.
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 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 area.
SECTION
23.
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
24.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Cobb 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
Cobb County shall expire three years after the date that this resolution is
enacted into law and approved by the State Properties Commission.
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
Cobb County, Georgia, and that 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
28.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Cobb County, or its successors and assigns, a nonexclusive easement
area above and across the property which is leased to CSX Corporation as
successor to the Seaboard System Railroad, Inc., for the operation and
maintenance of a new pedestrian path or trail and bridge. Said easement area is
located south of Marietta, Georgia, in Cobb County, and is more particularly
described as follows:
"That
approximately 0.45 of an acre temporary easement and 0.09 of an acre permanent
easement air-rights portion and that portion only as shown on that drawing
titled Cobb County Department of Transportation, Mainline Plan Old 41 Highway
Drawing 13-02 not dated, 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 purpose of installing,
maintaining, and operating said pedestrian path or trail and bridge, and that
the design and construction plans for the easement area must be approved by the
CSX Corporation as lessee prior to initiation of construction.
SECTION
30.
That
Cobb 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 path or trail and bridge.
SECTION
31.
That,
after Cobb County has put into use the pedestrian path or trail and bridge this
easement is granted for, 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 Cobb 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 path or trail and bridge shall become the property of
the State of Georgia, or its successors and assigns.
SECTION
32.
That
no title shall be conveyed to Cobb County and, except as herein specifically
granted to Cobb 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 Cobb County.
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 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 Cobb 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 Cobb 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. If an easement is relocated for any
reason, the State Properties Commission is authorized to convey by quitclaim
deed the state's interest in the former easement area.
SECTION
34.
That
the easement granted to Cobb 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
35.
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 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 area.
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 interest of the State of Georgia.
SECTION
37.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Cobb 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
Cobb County shall expire three years after the date that this resolution is
enacted into law and approved by the State Properties Commission.
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
Cobb County, Georgia, and that 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
41.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to City of Smyrna or its successors and assigns, a nonexclusive easement
area above and across the property which is leased to CSX Corporation as
successor to the Seaboard System Railroad, Inc., for the operation and
maintenance of a new highway bridge with improved pedestrian safety at Campbell
Road. Said easement area is located south of Smyrna, Georgia, in Cobb County,
and is more particularly described as follows:
"That
0.1 of an acre portion of air-rights temporary easement and 0.1 of an acre of
air-rights permanent easement and that portion only as shown on that drawing
titled City of Smyrna Department of Public Works Right of Way Map, Campbell Road
over CSX Railroad, Project No. 31-6056 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 purpose of installing,
maintaining, and operating said highway and pedestrian bridge, and that the
design and construction plans for the easement area must be approved by the CSX
Corporation as lessee prior to initiation of construction.
SECTION
43.
That
City of Smyrna 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 bridge.
SECTION
44.
That,
after City of Smyrna has put into use the highway and pedestrian bridge this
easement is granted for, 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 Smyrna, 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 highway and pedestrian bridge shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
45.
That
no title shall be conveyed to City of Smyrna and, except as herein specifically
granted to City of Smyrna 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 City of Smyrna.
SECTION
46.
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 City of
Smyrna 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 City of Smyrna. 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. If an easement is relocated
for any reason, the State Properties Commission is authorized to convey by
quitclaim deed the state's interest in the former easement area.
SECTION
47.
That
the easement granted to City of Smyrna 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
48.
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 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 area.
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 interest of the State of Georgia.
SECTION
50.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Cobb 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
Cobb County shall expire three years after the date that this resolution is
enacted into law and approved by the State Properties Commission.
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
Cobb County, Georgia, and that 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 Cobb County or its successors and assigns, a nonexclusive easement area
above and across the property which is leased to CSX Corporation as successor to
the Seaboard System Railroad, Inc., for the operation and maintenance of a new
pedestrian path or trail and bridge. Said easement area is located south of
Smyrna, Georgia, in Cobb County, and is more particularly described as
follows:
"That
approximately 0.07 of an acre air-rights portion and that portion only as shown
on that drawing titled Spring Road, Smyrna, GA., Easement Plat for Spring Road
CSX Pedestrian Bridge of 0.07 of an acre, by CROY Engineering, dated
November 24, 2008, 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 purpose of installing,
maintaining, and operating said pedestrian path or trail and bridge, and that
the design and construction plans for the easement area must be approved by the
CSX Corporation as lessee prior to initiation of construction.
SECTION
56.
That
Cobb 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 path or trail and bridge.
SECTION
57.
That,
after Cobb County has put into use the pedestrian path or trail and bridge this
easement is granted for, 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 Cobb 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 path or trail and bridge shall become the property of
the State of Georgia, or its successors and assigns.
SECTION
58.
That
no title shall be conveyed to Cobb County and, except as herein specifically
granted to Cobb 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 Cobb County.
SECTION
59.
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 Cobb 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 Cobb 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. If an easement is relocated for any
reason, the State Properties Commission is authorized to convey by quitclaim
deed the state's interest in the former easement area.
SECTION
60.
That
the easement granted to Cobb 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
61.
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 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 area.
SECTION
62.
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
63.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Cobb 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
Cobb County shall expire three years after the date that this resolution is
enacted into law and approved by the State Properties Commission.
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
Dawson 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
67.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Georgia Transmission Corporation, or its successors and assigns, a
nonexclusive easement for the construction, operation, and maintenance of a
transmission 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 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 Dawson County, Georgia, and is more particularly described as
follows:
"That
approximately 0.38 of an acre portion and that portion only as shown on a Jordan
Jones and Goulding survey titled Dawson Crossing – Juno 115kV Transmission
Line, dated February 14, 2007, for the Georgia Transmission Corporation 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 purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said transmission line.
SECTION
69.
That
Georgia Transmission Corporation 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
transmission line.
SECTION
70.
That,
after the Georgia Transmission Corporation puts into use the 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 Transmission Corporation, 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 Transmission Corporation and, except as
herein specifically granted to Georgia Transmission Corporation, 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
Transmission Corporation.
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 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 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 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
Transmission Corporation 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
Transmission Corporation. 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. If an easement is relocated for any reason,
the State Properties Commission is authorized to convey by quitclaim deed the
state's interest in the former easement area.
SECTION
74.
That
the easement granted to Georgia Transmission Corporation 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 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
76.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Dawson 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 Transmission Corporation shall expire three years after the date that
this resolution is enacted into law and approved by the State Properties
Commission.
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
Douglas 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
80.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Connexion Technologies, Inc., or its successors and assigns, a
nonexclusive easement for the construction, operation, and maintenance of fiber
optic, telephone, cable television, and high speed data 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 such line and services 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 Douglas County, Georgia, and is more particularly described as
follows:
"Those
0.115 of an acre portions and those portions only as shown on a GeoSurvey, Ltd.
survey for Connexion Technologies last revised on May 5, 2007, prepared by
Joseph T. Baker and on file in the offices of the State Properties
Commission,"
and
may be more particularly described by a plats 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 purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said fiber optic, telephone, cable television, and
high speed data line.
SECTION
82.
That
Connexion Technologies, Inc., shall have the right to remove or cause to be
removed from said easement area only such trees and bushes as may be reasonably
necessary for the proper construction, operation, and maintenance of said
line.
SECTION
83.
That,
after Connexion Technologies, Inc., has put into use the 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, Connexion Technologies, Inc., or its successors and assigns, shall
have the option of removing its facilities from the easement area or leaving the
same in place, in which event the facility shall become the property of the
State of Georgia, or its successors and assigns.
SECTION
84.
That
no title shall be conveyed to Connexion Technologies, Inc., and, except as
herein specifically granted to Connexion Technologies, Inc., 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 Connexion
Technologies, Inc.
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 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 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 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 Connexion
Technologies, Inc., shall remove or relocate its facilities to the alternate
easement area at its sole cost and expense, unless the State Properties
Commission determines that the requested removal or relocation is to be for the
sole benefit of the State of Georgia and approves payment by the State of
Georgia of all or a portion of such actual cost and expense, not to exceed by 20
percent the amount of a written estimate provided by Connexion Technologies,
Inc. Upon written request, the State Properties Commission, in its sole
discretion, may permit the relocation of the facilities to an alternate site on
state owned land so long as the removal and relocation is paid by the party or
parties requesting such removal and at no cost and expense to the State of
Georgia. If an easement is relocated for any reason, the State Properties
Commission is authorized to convey by quitclaim deed the state's interest in the
former easement area.
SECTION
87.
That
the easement granted to Connexion Technologies, Inc., shall contain such other
reasonable terms, conditions, and covenants as the State Properties Commission
shall deem in the best interest of the State of Georgia and that the State
Properties Commission is authorized to use a more accurate description of the
easement area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION
88.
That
the consideration for such easement shall be for 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
89.
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
90.
That
the authorization in this resolution to grant the above-described easement to
Connexion Technologies, Inc., shall expire three years after the date that this
resolution is enacted into law and approved by the State Properties
Commission.
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
Fulton County, and the property is in the custody of the Department of Economic
Development at the 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
93.
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 a transmission 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 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 Fulton County, Georgia, and is more particularly described as
follows:
"Those
approximately 0.591 of one acre portions and those portions only as shown on a
Georgia Power Company drawing titled Fowler Street-Jefferson Street 115KV
Transmission Line (Reference Alexander Street DOT Project) in Atlanta, Fulton
County, Georgia, dated October 15, 2008, 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
94.
That
the above-described premises shall be used solely for the purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said transmission lines, and that the Executive
Director of the Georgia World Congress Center shall approve the design,
construction, and operation plans for the easement area.
SECTION
95.
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 transmission
line.
SECTION
96.
That,
after the Georgia Power Company puts into use the 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
97.
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
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 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 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 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. If an easement is
relocated for any reason, the State Properties Commission is authorized to
convey by quitclaim deed the state's interest in the former easement area.
SECTION
100.
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
101.
That
the consideration for such easement shall be 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
102.
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
103.
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 is enacted into law and approved by the State Properties
Commission.
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
Fulton County, Georgia, and that 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
106.
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 area above and across the property which is leased to CSX Corporation
as successor to the Seaboard System Railroad, Inc., for the operation and
maintenance of a new power transmission line. Said easement area is located in
Atlanta, Fulton County, Georgia, and is more particularly described as
follows:
"That
approximately 0.178 of one acre air-rights portion and that portion only as
shown on that drawing titled for Georgia Power Company, Easement survey for
State of Georgia (Parcel 009A) Fowler Street-Jefferson Street 115KV Transmission
Line (Reference Alexander Street DOT Project) by surveyor David J. Williams,
dated January 14, 2009, 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 installing,
maintaining, and operating said transmission line, and that the design and
construction plans for the easement area must be approved by the CSX Corporation
as lessee prior to initiation of construction.
SECTION
108.
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 and maintenance of said transmission line.
SECTION
109.
That,
after Georgia Power Company has put into use the transmission line this easement
is granted for, 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 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 transmission line shall become the property of
the State of Georgia, or its successors and assigns.
SECTION
110.
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 Fulton County.
SECTION
111.
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. If an easement is
relocated for any reason, the State Properties Commission is authorized to
convey by quitclaim deed the state's interest in the former easement area.
SECTION
112.
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
113.
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 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 area.
SECTION
114.
That
the consideration for such easement shall be the fair market value but not less
than $650.00, and such further consideration and provisions as the State
Properties Commission may determine to be in the best interest of the State of
Georgia.
SECTION
115.
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
116.
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 is enacted into law and approved by the State Properties
Commission.
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 the easement
area.
ARTICLE
X
SECTION 118.
SECTION 118.
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 Georgia World Congress
Center Authority by virtue of that certain lease from the Department of
Economic Development, 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
119.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to CNN Center Ventures, or its successors and assigns, a nonexclusive
easement for the operation and maintenance of a sewer line in, on, over, under,
upon, across, or through the easement area for the purpose of maintaining,
repairing, replacing, inspecting, and operating a 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 Fulton County, Georgia, and is more particularly described as
follows:
"That
approximately 0.01 of one acre portion and that portion only as shown in yellow
on drawing titled CNN Center Ventures, equates to 50 SY (i.e., 446 sq. ft.) =
0.01 acres. 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
120.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, repairing, replacing, inspecting, and operating said sewer line,
and that the Executive Director of the Georgia World Congress Center shall
approve the design, construction, and operation plans for the easement area.
SECTION
121.
That
CNN Center Ventures 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 sewer line.
SECTION
122.
That,
after CNN Center Ventures has put into use the 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, CNN Center Ventures, 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 sewer line shall become the property of the State of
Georgia, or its successors and assigns.
SECTION
123.
That
no title shall be conveyed to CNN Center Ventures and, except as herein
specifically granted to CNN Center Ventures, 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 CNN Center
Ventures.
SECTION
124.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that any or all of the facilities placed on the easement area should
be removed or relocated to an alternate site on state owned land in order to
avoid interference with the state's use or intended use of the easement area, it
may grant a substantially equivalent nonexclusive easement to allow placement of
the removed or relocated facilities across the alternate site, under such terms
and conditions as the State Properties Commission shall in its discretion
determine to be in the best interests of the State of Georgia, and CNN Center
Ventures 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 CNN Center Ventures. 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 If an easement is
relocated for any reason, the State Properties Commission is authorized to
convey by quitclaim deed the state's interest in the former easement area.
SECTION
125.
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 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 area.
SECTION
126.
That
the easement granted to CNN Center Ventures 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
127.
That
the consideration for such easement shall be 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
128.
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
129.
That
the authorization in this resolution to grant the above-described easement to
CNN Center Ventures shall expire three years after the date that this resolution
is enacted into law and approved by the State Properties
Commission.
SECTION
130.
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 131.
SECTION 131.
That
the State of Georgia is the owner of the hereinafter described real property in
Fulton County, Georgia, and that 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
132.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Atlanta, or its successors and assigns, a nonexclusive
easement area above and across the property which is leased to CSX Corporation
as successor to the Seaboard System Railroad, Inc., for the operation and
maintenance of a new pedestrian path and trail under a tunnel. Said easement
area is located near Bolton Road in Atlanta, Fulton County, Georgia, and is more
particularly described as follows:
"That
0.052 of an acres air-rights portion and that portion only as shown on that
engineered drawing titled Permanent Easement CSX Railroad for the PATH
Foundation, Chattahoochee 2 Trail, dated January 21, 2009, prepared by Moreland
Altobelli Associates Inc., 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
133.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said pedestrian path and trail, and that the design,
construction and operation plans for the easement area must be approved by the
CSX Corporation as lessee prior to initiation of construction.
SECTION
134.
That
the City of Atlanta 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 pedestrian path and
trail.
SECTION
135.
That,
after the City of Atlanta has put into use the pedestrian path and trail this
easement is granted for, a subsequent abandonment of the use thereof shall cause
a reversion to the State of Georgia, or its successors and assigns, of all the
rights, title, privileges, powers, and easement granted herein. Upon
abandonment, the City of Atlanta, 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 pedestrian path and trail shall become the property of
the State of Georgia, or its successors and assigns.
SECTION
136.
That
no title shall be conveyed to the City of Atlanta and, except as herein
specifically granted to the City of Atlanta, 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 Atlanta.
SECTION
137.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that any or all of the facilities placed on the easement area should
be removed or relocated to an alternate site on state owned land in order to
avoid interference with the state's use or intended use of the easement area, it
may grant a substantially equivalent nonexclusive easement to allow placement of
the removed or relocated facilities across the alternate site under such terms
and conditions as the State Properties Commission shall in its discretion
determine to be in the best interests of the State of Georgia, and the City of
Atlanta shall remove or relocate its facilities to the alternate easement area
at its sole cost and expense, unless the State Properties Commission determines
that the requested removal or relocation is to be for the sole benefit of the
State of Georgia and approves payment by the State of Georgia of all or a
portion of such actual cost and expense, not to exceed by 20 percent the amount
of a written estimate provided by the City of Atlanta. 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. If an easement is
relocated for any reason, the State Properties Commission is authorized to
convey by quitclaim deed the state's interest in the former easement area.
SECTION
138.
That
the easement granted to the City of Atlanta 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
139.
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 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 area.
SECTION
140.
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
141.
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
142.
That
the authorization in this resolution to grant the above-described easement to
the City of Atlanta shall expire three years after the date that this resolution
is enacted into law and approved by the State Properties
Commission.
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
XII
SECTION 144.
SECTION 144.
That
the State of Georgia is the owner of the hereinafter described real property in
Grady County, and the property is in the custody of the Technical College System
of Georgia, 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
145.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Cairo, or its successors and assigns, a nonexclusive
easement for the construction, operation, and maintenance of an electrical power
line on, over, under, upon, across, or through the easement area for the purpose
of constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating an electrical power 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 Grady County, Georgia, and is more particularly described as
follows:
"Those
approximately 0.14 of one acre portions and those portions only as shown for a
20-foot utility easement on a survey prepared by Larry Grogan & Associates,
Inc., dated October 1, 2003, and last revised December 19, 2007, 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, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said electrical power line.
SECTION
147.
That
the City of Cairo 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 power
line.
SECTION
148.
That,
after the City of Cairo puts into use the electrical power 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 Cairo, 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
149.
That
no title shall be conveyed to the City of Cairo and, except as herein
specifically granted to the City of Cairo, 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 Cairo.
SECTION
150.
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 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 area.
SECTION
151.
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
Cairo 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 Cairo. 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. If an easement is relocated
for any reason, the State Properties Commission is authorized to convey by
quitclaim deed the state's interest in the former easement area.
SECTION
152.
That
the easement granted to the City of Cairo 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
153.
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
154.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Grady County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
155.
That
the authorization in this resolution to grant the above-described easement to
the City of Cairo shall expire three years after the date that this resolution
is enacted into law and approved by the State Properties
Commission.
SECTION
156.
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 157.
SECTION 157.
That
the State of Georgia is the owner of the hereinafter described real property in
Muscogee 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
158.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Columbus, or its successors and assigns, a nonexclusive
easement for the operation and maintenance of a storm sewer line in, on, over,
under, upon, across, or through the easement area for the purpose of
maintaining, repairing, replacing, inspecting, and operating a storm sewer line
to prevent flooding, 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 Muscogee County,
Georgia, and is more particularly described as follows:
"That
approximately 0.327 of an acre portion and that portion only as shown on a
drawing titled Proposed Drainage and Utility Easement, 25th Avenue Storm Sewer
Replacement, Columbus, Muscogee County, Georgia, 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
159.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, repairing, replacing, inspecting, and operating said storm sewer
line.
SECTION
160.
That
the City of Columbus 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 storm sewer line.
SECTION
161.
That,
after the City of Columbus has put into use the storm 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 Columbus, 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 storm sewer line shall become the property of the
State of Georgia, or its successors and assigns.
SECTION
162.
That
no title shall be conveyed to the City of Columbus and, except as herein
specifically granted to the City of Columbus, 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 Columbus.
SECTION
163.
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
Columbus 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 Columbus. 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. If an easement is
relocated for any reason, the State Properties Commission is authorized to
convey by quitclaim deed the state's interest in the former easement area.
SECTION
164.
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 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 area.
SECTION
165.
That
the easement granted to the City of Columbus 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
166.
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
167.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Muscogee County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
168.
That
the authorization in this resolution to grant the above-described easement to
the City of Columbus shall expire three years after the date that this
resolution is enacted into law and approved by the State Properties
Commission.
SECTION
169.
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 170.
SECTION 170.
That
all laws or parts of laws in conflict with this resolution are repealed.