Bill Text: GA HR1588 | 2009-2010 | Regular Session | Introduced
Bill Title: State of Georgia property; certain counties; nonexclusive easements; authorize
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-06-04 - Effective Date [HR1588 Detail]
Download: Georgia-2009-HR1588-Introduced.html
10 LC 18
9019/AP
House
Resolution 1588 (AS PASSED HOUSE AND SENATE)
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 Baker, Chatham, Clayton,
Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd, Forsyth, Fulton, Hart,
Lamar, Laurens, Liberty, Macon, Madison, Mitchell, Pulaski, Richmond, and Upson
Counties, Georgia; to repeal conflicting laws; and for other
purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Baker,
Chatham, Clayton, Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd,
Forsyth, Fulton, Hart, Lamar, Laurens, Liberty, Macon, Madison, Mitchell,
Pulaski, Richmond, and Upson; and
WHEREAS,
Colonial Pipeline Company, the Georgia Department of Transportation, Georgia
Power, Cobb County Department of Transportation, Sawnee EMC, the City of
Barnesville, Laurens County, Georgia Transmission Corporation, the City of
Augusta and Atlanta Gas Light Company 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 Natural Resources, Technical College System of
Georgia, State Properties Commission, Department of Corrections, Department of
Economic Development, Georgia World Congress Authority and the Department of
Juvenile Justice.
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
Chatham County, and the property is in the custody of the Georgia Department of
Natural Resources, hereinafter referred to as the "easement area" and that, in
all matters relating to the easement area, the State of Georgia is acting by and
through its State Properties Commission.
SECTION
2.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Chatham County, or its successors and assigns, a nonexclusive easement
for the construction, operation, and maintenance of a thoroughfare 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 thoroughfare 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 Chatham
County, Georgia, and is more particularly described as follows:
"That
29.22 acre portion and that portion only as shown highlighted in green and
yellow on a right of way survey prepared by Jordan Jones and Goulding describing
parcels 54, 54A, 55, 56, 56A-W, 56W-1 and 56W-2 in Georgia Department of
Transportation Project #NHS-0002-00(921) Truman Parkway, Phase V, 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 thoroughfare.
SECTION
4.
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
thoroughfare.
SECTION
5.
That,
after Chatham County has put into use the thoroughfare 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
6.
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 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 Chatham County.
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
tot he 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. 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 Chatham
County shall remove or relocate its facilities to the alternate easement area at
its sole cost and expense, unless the State Properties Commission determines
that the requested removal or relocation is to be for the sole benefit of the
State of Georgia and approves payment by the State of Georgia of all or a
portion of such actual cost and expense, not to exceed by 20 percent the amount
of a written estimate provided by Chatham County. Upon written request, the
State Properties Commission, in its sole discretion, may permit the relocation
of the facilities to an alternate site on State owned land so long as the
removal and relocation is paid by the party or parties requesting such removal
and at no cost and expense to the State of Georgia. If an easement is relocated
for any reason, the State Properties Commission is authorized to convey by quit
claim deed the State's interest in the former easement area.
SECTION
9.
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 interest of the State of Georgia and that the State Properties
Commission is authorized to use a more accurate description of the easement area
or, 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 $1.00 and such further
consideration and provisions as the State Properties Commission may determine to
be in the best interest of the State of Georgia.
SECTION
11.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Chatham County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
12.
That
the authorization in this resolution to grant the above described easement to
Chatham County 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 the Cobb County Department of Transportation 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 construction, operation and maintenance of a highway bridge. Said
easement area is air rights connecting Jiles Road located in the City of
Kennesaw, Cobb County Georgia, and is more particularly described as
follows:
"That
tract or parcel of State owned real property containing approximately 0.22 of
one acre situate, lying and being in Land Lots 62 and 91 of the 20th District of
Cobb County as described in highlighted in yellow on that certain Revocable
License Agreement between the State Properties Commission and the Cobb County
Department of Transportation dated November 9, 2009 and being real property
record # 010721 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
16.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, and operating said 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
the Cobb County Department of Transportation 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
18.
That,
after the Cobb County Department of Transportation has put into use the 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, Department of Transportation 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 bridge shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
19.
That
no title shall be conveyed to the Cobb County Department of Transportation and,
except as herein specifically granted to the Cobb County Department of
Transportation, all rights, title, and interest in and to said easement area is
reserved in the State of Georgia, which may make any use of said easement area
not inconsistent with or detrimental to the rights, privileges, and interest
granted to the Cobb County Department of Transportation.
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 the Cobb
County Department of Transportation shall remove or relocate its facilities to
the alternate easement area at its sole cost and expense, unless the State
Properties Commission determines that the requested removal or relocation is to
be for the sole benefit of the State of Georgia and approves payment by the
State of Georgia of all or a portion of such actual cost and expense, not to
exceed by 20 percent the amount of a written estimate provided by the Cobb
County Department of Transportation . Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on State owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia. If an easement is relocated for any
reason, the State Properties Commission is authorized to convey by quit claim
deed the State's interest in the former easement area.
SECTION
21.
That
the easement granted to the Cobb County Department of Transportation shall
contain such other reasonable terms, conditions, and covenants as the State
Properties Commission shall deem in the best interest of the State of Georgia
and that the State Properties Commission is authorized to use a more accurate
description of the easement area, so long as the description utilized by the
State Properties Commission describes the same easement area herein
granted.
SECTION
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. 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 $1.00 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
the Cobb County Department of Transportation 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
Columbia County, Georgia, and that 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
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 area, for the operation and maintenance of an electrical power line.
Said easement area is located at the Grovetown campus of Augusta Technical
College in Columbia County, and is more particularly described as
follows:
"That
approximately 0.54 of one acre easement area and that portion only as shown
highlighted in red on that drawing prepared by Georgia Power Company and being
Job Title "Augusta Tech (Grovetown)", 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
29.
That
the above described premises shall be used solely for the purpose of replacing,
installing, maintaining, and operating said electrical power line and associated
equipment.
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 operation, and maintenance of said electrical power
line.
SECTION
31.
That,
after Georgia Power Company has put into use the electrical power 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 their facilities from the easement area or leaving
the same in place, in which event the electrical power line 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 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
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 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 quit claim deed the State's interest in the former easement area.
SECTION
34.
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
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. 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 $1.00 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
Columbia 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 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
Emanuel County, Georgia, and that the property is in the custody of the Georgia
Department of Corrections, hereinafter referred to as the "easement area" and
that, in all matters relating to the easement area, the State of Georgia is
acting by and through its State Properties Commission.
SECTION
41.
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, for the operation and maintenance of upgrades to a transmission
line. Said easement area is located in the 1560th GMD in the City of Twin City,
Emanuel County, Georgia, and is more particularly described as
follows:
"Those
0.028 of one acre and 0.026 of one acre portions and those portions only
highlighted in orange as being parcel 3 and parcel 3.01 as shown on that drawing
prepared by Georgia Power Company titled "Stillmore-Twin City 115 kV
Transmission Line" dated August 13, 2009 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
42.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, and operating said upgrades to a transmission line.
SECTION
43.
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 upgrades to a transmission
line.
SECTION
44.
That,
after Georgia Power Company has put into use the upgrades to a 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, Georgia Power Company, 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 upgrades to a transmission line shall become
the property of the State of Georgia, or its successors and
assigns.
SECTION
45.
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
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 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 quit claim deed the State's interest in the former easement area.
SECTION
47.
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
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. 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 for the fair market value but not
less than $650.00 and such further consideration and provisions as the State
Properties Commission may determine to be in the best interest of the State of
Georgia.
SECTION
50.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Emanuel 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
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
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
Forsyth County, Georgia, and that 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
54.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Sawnee EMC or its successors and assigns, a nonexclusive easement area
across that certain State owned real property for the operation and maintenance
of an electrical power line. Said easement area is located in the City of
Cumming, Forsyth County, Georgia and is more particularly described as
follows:
"That
approximately 0.76 of one acre and that portion only as highlighted in orange as
shown on that drawing titled "Forsyth County Campus Lanier Technical College
Medical Technical and Economic Development Building", 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
55.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line.
SECTION
56.
That
SAwnee EMC 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 electrical power line.
SECTION
57.
That,
after Sawnee EMC has put into use the electrical power 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
Sawnee EMC, 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 electrical power line shall become the property of the State of
Georgia, or its successors and assigns.
SECTION
58.
That
no title shall be conveyed to Sawnee EMC and, except as herein specifically
granted to Sawnee EMC, 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 Sawnee EMC.
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 Sawnee EMC
shall remove or relocate its facilities to the alternate easement area at its
sole cost and expense, unless the State Properties Commission determines that
the requested removal or relocation is to be for the sole benefit of the State
of Georgia and approves payment by the State of Georgia of all or a portion of
such actual cost and expense, not to exceed by 20 percent the amount of a
written estimate provided by Sawnee EMC. Upon written request, the State
Properties Commission, in its sole discretion, may permit the relocation of the
facilities to an alternate site on State owned land so long as the removal and
relocation is paid by the party or parties requesting such removal and at no
cost and expense to the State of Georgia. If an easement is relocated for any
reason, the State Properties Commission is authorized to convey by quit claim
deed the State's interest in the former easement area.
SECTION
60.
That
the easement granted to Sawnee EMC shall contain such other reasonable terms,
conditions, and covenants as the State Properties Commission shall deem in the
best interest of the State of Georgia and that the State Properties Commission
is authorized to use a more accurate description of the easement area, so long
as the description utilized by the State Properties Commission describes the
same easement area herein granted.
SECTION
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. 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 $1.00 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
Forsyth 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
Sawnee EMC 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
Fulton County, and a portion of the property is in the custody of the Georgia
World Congress Center and the remaining portion of 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
67.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the Georgia Department of Transportation, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of a power line and poles on, over, under, upon, across, or through
the easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting and operating a power line and
poles 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 0.769 of one acre portion and that portion only as shown as
parcels 003, 004, 006, 008, 009, and 009A on engineering drawings prepared by
the Georgia Power Company Land Department entitled "Fowler Street-Jefferson
Street 115KV Transmission Line" and being marked as Exhibit A on that certain
Revocable License Agreement being real property record #010628 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
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 power line and poles.
SECTION
69.
That
the Georgia Department of Transportation 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 power line and poles.
SECTION
70.
That,
after the Georgia Department of Transportation puts into use the power line and
poles 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 Georgia Department of Transportation, or its
successors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the facility
shall become the property of the State of Georgia, or its successors and
assigns.
SECTION
71.
That
no title shall be conveyed to the Georgia Department of Transportation and,
except as herein specifically granted to the Georgia Department of
Transportation, all rights, title, and interest in and to said easement area is
reserved in the State of Georgia, which may make any use of said easement area
not inconsistent with or detrimental to the rights, privileges, and interest
granted to the Georgia Department of Transportation.
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. 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 the Georgia
Department of Transportation shall remove or relocate its facilities to the
alternate easement area at its sole cost and expense, unless the State
Properties Commission determines that the requested removal or relocation is to
be for the sole benefit of the State of Georgia and approves payment by the
State of Georgia of all or a portion of such actual cost and expense, not to
exceed by 20 percent the amount of a written estimate provided by the Georgia
Department of Transportation. Upon written request, the State Properties
Commission, in its sole discretion, may permit the relocation of the facilities
to an alternate site on State owned land so long as the removal and relocation
is paid by the party or parties requesting such removal and at no cost and
expense to the State of Georgia. If an easement is relocated for any reason,
the State Properties Commission is authorized to convey by quit claim deed the
State's interest in the former easement area.
SECTION
74.
That
the easement granted to Georgia Department of Transportation shall contain such
other reasonable terms, conditions, and covenants as the State Properties
Commission shall deem in the best interest of the State of Georgia and that the
State Properties Commission is authorized to use a more accurate description of
the easement area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION
75.
That
the consideration for such easement $1.00 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
Fulton 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
the Georgia Department of Transportation 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.
SECTION
79.
That
the Georgia Department of Transportation is authorized to assign the herein
described easement upon notification of the State Properties
Commission.
ARTICLE
VII
SECTION 80.
SECTION 80.
That
the State of Georgia is the owner of the hereinafter described real property in
Lamar County, and the property is in the custody of the Department of
Corrections, hereinafter referred to as the "easement area" and that, in all
matters relating to the easement area, the State of Georgia is acting by and
through its State Properties Commission.
SECTION
81.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Barnesville or its successors and assigns, a nonexclusive
easement for the construction, operation, and maintenance of a water line on,
over, under, upon, across, or through the easement area for the purpose of
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting and operating a water line together with the right of ingress and
egress over adjacent land of the State of Georgia as may be reasonably necessary
to accomplish the aforesaid purposes. Said easement area is located in land lot
119 of the 7th district of Lamar County, Georgia, and is more particularly
described as follows:
"Those
approximately 0.92 of one acre portion and that portion only as shown
highlighted in orange on an engineers drawing entitled "Utility Easement Across
State of Georgia Property for use of The City Of Barnesville" dated May 6 2009
and prepared by John A. McCleskey, Georgia Registered Land Surveyor #2355 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
82.
That
the above described premises shall be used solely for the purpose of planning,
constructing, erecting a water line.
SECTION
83.
That
the City of Barnesville shall have the right to remove or cause to be removed
from said easement area only such trees and bushes as may be reasonably
necessary for the proper construction, operation, and maintenance of said water
line.
SECTION
84.
That,
after the City of Barnesville puts into use the water line for which this
easement is granted, a subsequent abandonment of the use thereof shall cause a
reversion to the State of Georgia, or its successors and assigns, of all the
rights, title, privileges, powers, and easement granted herein. Upon
abandonment, the City of Barnesville, 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
85.
That
no title shall be conveyed to City of Barnesville and, except as herein
specifically granted to the City of Barnesville, 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
Barnesville.
SECTION
86.
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. 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
87.
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
Barnesville 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 Barnesville.. 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 quit claim deed the State's interest in the former easement area.
SECTION
88.
That
the easement granted to the City of Barnesville 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
89.
That
the consideration for such easement shall be $1.00 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
90.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Lamar County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
91.
That
the authorization in this resolution to grant the above described easement to
the City of Barnesville shall expire three years after the date that this
resolution is enacted into law and approved by the State Properties
Commission.
SECTION
92.
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 93.
SECTION 93.
That
the State of Georgia is the owner of the hereinafter described real property in
Laurens County, Georgia, and that 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
94.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Laurens County or its successors and assigns, a nonexclusive easement
area for the operation and maintenance of a thoroughfare. Said easement area is
located in Laurens County, Georgia, and is more particularly described as
follows:
"That
approximately 0.19 of one acre portion and that portion only as shown
highlighted in orange on that engineering drawing entitled "Maddox Road (CR# 58)
& Keens Crossing Road (CR# 37)", prepared by Larry C. Jones, Georgia
Registered Land Surveyor # 2189 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
95.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, and operating said thoroughfare.
SECTION
96.
That
Laurens 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 thoroughfare.
SECTION
97.
That,
after Laurens County has put into use the thoroughfare 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, Laurens
County, or its successors and assigns, shall have the option of removing their
facilities from the easement area or leaving the same in place, in which event
the thoroughfare shall become the property of the State of Georgia, or its
successors and assigns.
SECTION
98.
That
no title shall be conveyed to Laurens County and, except as herein specifically
granted to Lauren s 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 Laurens County.
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 Laurens
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 Laurens 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 quit
claim deed the State's interest in the former easement area.
SECTION
100.
That
the easement granted to Laurens 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
101.
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. 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
102.
That
the consideration for such easement shall be $1.00, 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
103.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Laurens County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
104.
That
the authorization in this resolution to grant the above described easement to
Laurens County shall expire three years after the date that this resolution is
enacted into law and approved by the State Properties Commission.
SECTION
105.
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 106.
SECTION 106.
That
the State of Georgia is the owner of the hereinafter described real properties
in Liberty County, and the properties are in the custody of the Department of
Natural Resources, hereinafter referred to as the "easement areas" and that, in
all matters relating to the easement areas, the State of Georgia is acting by
and through its State Properties Commission.
SECTION
107.
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 operation and maintenance of a transmission line
in, on, over, under, upon, across, or through the easement areas for the purpose
of 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 areas are located in Liberty County, Georgia, and are
more particularly described as follows:
"That
approximately 3.790 acre portion and that portion only as shown in cross hatched
on a plat of survey prepared for Georgia Transmission Corporation entitled "Cay
Creek Salt Marsh Area Easement Area Plat" dated May 27, 2009 and prepared by
Daniel L. Collins Georgia Registered Land Surveyor #2851 and that
approximately1.736 acre portion and that portion only as shown cross hatched on
a plat of survey prepared for Georgia Transmission Corporation entitled "Porter
Creek Salt Marsh Area Easement Area Plat dated May 27, 2009 and prepared by
Daniel L. Collins Georgia Registered Land Surveyor #2851 and that approximately
5.870 acre portion and that portion only as shown cross hatched on a plat of
survey prepared for Georgia Transmission Corporation entitled "Peacock Creek
Salt Marsh Area easement Area Plat dated May 27, 2009 and prepared by Daniel L.
Collins Georgia Registered Land Surveyor #2851 and that approximately 1.460 acre
portion and that portion only as shown cross hatched on a plat of survey
prepared for Georgia Transmission Corporation entitled "Riceboro River Salt
Marsh Area Easement Area Plat" dated May 27,2009 and prepared by Daniel l.
Collins Georgia Registered Land Surveyor #2851 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
108.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, repairing, replacing, inspecting, and operating said transmission
line.
SECTION
109.
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 operation, and maintenance of said transmission
line.
SECTION
110.
That,
after Georgia Transmission Corporation has put 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 their facilities from the easement area or
leaving the same in place, in which event the water main shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
111.
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
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 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 quit claim deed the
State's interest in the former easement area.
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. 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 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
115.
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
116.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Liberty County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
117.
That
the authorization in this resolution to grant the above described easement to
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
118.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect the grant of the easement
area.
ARTICLE
X
SECTION 119.
SECTION 119.
That
the State of Georgia is the owner of the hereinafter described real property in
Pulaski County, Georgia, and that 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
120.
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, for the operation and maintenance of an electrical power line.
Said easement area is located In Land Lot 315 of the 21st District of Pulaski
County, Georgia, and is more particularly described as follows:
"That
0.79 of one acre portion and that portion only as shown hatched in yellow on a
plat of survey prepared for Georgia Power Company entitled "Distribution
Easement Across Property of State of Georgia Ocmulgee Wildlife Management Area"
dated November 23, 2009 and prepared by David G. Bennett Georgia Registered Land
Surveyor #3122, 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
121.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line.
SECTION
122.
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 electrical power
line.
SECTION
123.
That,
after Georgia Power Company has put into use the electrical Power 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, Georgia Power Company, 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 electrical power line shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
124.
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
125.
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 quit claim deed the State's interest in the former easement
area.
SECTION
126.
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
127.
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. 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
128.
That
the consideration for such easement shall before 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
129.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Pulaski County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
130.
That
the authorization in this resolution to grant the above described easement to
the 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
131.
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 132.
SECTION 132.
That
the State of Georgia is the owner of the hereinafter described real property in
Richmond 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
133.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the City of Augusta, or its successors and assigns, a nonexclusive
easement for the construction, operation, and maintenance of a sewer 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 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 85th
GMD of Richmond County, Georgia, and is more particularly described as
follows:
"Those
approximately 1.256 acre portion and that portion only as shown in yellow on a
plat of survey prepared for the Augusta Richmond County Commission dated August
22, 2007and prepared by Barry A. Toole, Georgia Registered Land Surveyor #2585
and being on pages 28, 29, 30, 31, 32, 33and 34 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
134.
That
the above described premises shall be used solely for the purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said sewer line.
SECTION
135.
That
the City of Augusta 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 sewer
line.
SECTION
136.
That,
after the City of Augusta puts 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, the
City of Augusta, or its successors and assigns, shall have the option of
removing its facilities from the easement area or leaving the same in place, in
which event the facility shall become the property of the State of Georgia, or
its successors and assigns.
SECTION
137.
That
no title shall be conveyed to the City of Augusta and, except as herein
specifically granted to the City of Augusta, 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 Augusta.
SECTION
138.
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. 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
139.
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
Augusta 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 Augusta. 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 quit claim deed the State's interest in the former easement area.
SECTION
140.
That
the easement granted to the City of Augusta 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
141.
That
the consideration for such easement shall be $1.00 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
142.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Richmond County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
143.
That
the authorization in this resolution to grant the above described easement to
the City of Augusta shall expire three years after the date that this resolution
is enacted into law and approved by the State Properties
Commission.
SECTION
144.
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 145.
SECTION 145.
That
the State of Georgia is the owner of the hereinafter described real property in
Upson 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
146.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Atlanta Gas Light Company, or its successors and assigns, a
nonexclusive easement for the operation and maintenance of a natural gas line
in, on, over, under, upon, across, or through the easement area for the purpose
of maintaining, repairing, replacing, inspecting and operating a natural gas
line, together with the right of ingress and egress over adjacent land of the
State of Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in Land Lot 189 of the 10th District of
Upson County, Georgia, and is more particularly described as
follows:
"That
approximately 0.347 of one acre portion and that portion only as shown
highlighted in yellow on a drawing prepared by Atlanta Gas Light Company
entitled "Proposed 10' AGLC Easement Crossing Property of State of Georgia Now
in the Custody and Control of the Department of Technical and Adult Education,
Upson County, Georgia" dated March 5, 2008" 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
147.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, repairing, replacing, inspecting, and operating said natural gas
line.
SECTION
148.
That
Atlanta Gas Light Company shall have the right to remove or cause to be removed
from said easement area only such trees and bushes as may be reasonably
necessary for the proper operation, and maintenance of said natural gas
line.
SECTION
149.
That,
after Atlanta Gas Light Company has put into use the natural gas line for which
this easement is granted, a subsequent abandonment of the use thereof shall
cause a reversion to the State of Georgia, or its successors and assigns, of all
the rights, title, privileges, powers, and easement granted herein. Upon
abandonment, Atlanta Gas Light Company, or its successors and assigns, shall
have the option of removing their facilities from the easement area or leaving
the same in place, in which event the natural gas line shall become the property
of the State of Georgia, or its successors and assigns.
SECTION
150.
That
no title shall be conveyed to Atlanta Gas Light Company and, except as herein
specifically granted to Atlanta Gas Light Company, all rights, title, and
interest in and to said easement area is reserved in the State of Georgia, which
may make any use of said easement area not inconsistent with or detrimental to
the rights, privileges, and interest granted to Atlanta Gas Light
Company.
SECTION
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 Atlanta Gas
Light Company shall remove or relocate its facilities to the alternate easement
area at its sole cost and expense, unless the State Properties Commission
determines that the requested removal or relocation is to be for the sole
benefit of the State of Georgia and approves payment by the State of Georgia of
all or a portion of such actual cost and expense, not to exceed by 20 percent
the amount of a written estimate provided by Atlanta Gas Light Company. Upon
written request, the State Properties Commission, in its sole discretion, may
permit the relocation of the facilities to an alternate site on State owned land
so long as the removal and relocation is paid by the party or parties requesting
such removal and at no cost and expense to the State of Georgia. If an easement
is relocated for any reason, the State Properties Commission is authorized to
convey by quit claim deed the State's interest in the former easement area.
SECTION
152.
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. 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
153.
That
the easement granted to Atlanta Gas Light Company shall contain such other
reasonable terms, conditions, and covenants as the State Properties Commission
shall deem in the best interest of the State of Georgia and that the State
Properties Commission is authorized to use a more accurate description of the
easement area, so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION
154.
That
the consideration for such easement shall be $1.00 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
155.
That
this grant of easement shall be recorded by the Grantee in the Superior Court of
Upson County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
156.
That
the authorization in this resolution to grant the above described easement to
Atlanta Gas Light Company shall expire three years after the date that this
resolution is enacted into law and approved by the State Properties
Commission.
SECTION
157.
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 158.
SECTION 158.
That
the State of Georgia is the owner of the hereinafter described real properties
in Baker, Clayton, Cobb, Douglas, Elbert, Fayette, Floyd, Fulton, Hart, Macon,
Madison, Mitchell and Richmond Counties, and the properties are in the custody
of the Department of Natural Resources, hereinafter referred to as the "easement
areas" and that, in all matters relating to the easement areas, the State of
Georgia is acting by and through its State Properties Commission.
SECTION
159.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Colonial Pipeline Company, or its successors and assigns, a
nonexclusive easement for the operation and maintenance of a refined petroleum
products pipe line in, on, over, under, upon, across, or through the easement
areas for the purpose of maintaining, repairing, replacing, inspecting and
operating a refined petroleum products pipe 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 areas
are located in the 8th GMD of Baker and Mitchell County, the 5th GMD of Fayette
County, the 8th GMD of Clayton County, the 15th and 1st of Macon County, the
17th GMD of Cobb County, the 17th GMD of Fulton, the 1st GMD of Cobb, the 18th
GMD of Cobb, the 1st GMD of Douglas County, the 23rd GMD of Floyd County, the
859th and 1688th GMD of Floyd, the 1114th of Hart County, Richmond County, the
1616th GMD of Madison County and the 201st of Elbert County, and is more
particularly described as follows:
"Those
portions and those portions only as shown marked in red on sixteen (16) plats of
survey prepared by William L. Howell, Georgia Registered Land Surveyor #2786 and
being on file in the offices of the State Properties Commission,"
and
may be more particularly described by plats of survey prepared by a Georgia
Registered Land Surveyor and presented to the State Properties Commission for
approval.
SECTION
160.
That
the above described premises shall be used solely for the purpose of installing,
maintaining, repairing, replacing, inspecting, and operating said refined
petroleum products pipe line.
SECTION
161.
That
Colonial Pipeline 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 refined petroleum
products pipe line.
SECTION
162.
That,
after Colonial Pipeline Company has put into use the refined petroleum products
pipe 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, Colonial Pipeline Company, 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 refined petroleum products
pipe line shall become the property of the State of Georgia, or its successors
and assigns.
SECTION
163.
That
no title shall be conveyed to Colonial Pipeline Company and, except as herein
specifically granted to Colonial Pipeline 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 Colonial Pipeline
Company.
SECTION
164.
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 Colonial
Pipeline 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 Colonial Pipeline 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 quit claim deed the State's interest in the former
easement area.
SECTION
165.
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. 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
166.
That
the easement granted to Colonial Pipeline 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
167.
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
168.
That
this grant of easement shall be recorded by the Grantee in the Superior Courts
of Baker, Clayton, Cobb, Douglas, Elbert, Fayette, Floyd, Fulton, Hart, Macon,
Madison, Mitchell and Richmond Counties and a recorded copy shall be forwarded
to the State Properties Commission.
SECTION
169.
That
the authorization in this resolution to grant the above described easement to
Colonial Pipeline Company shall expire three years after the date that this
resolution is enacted into law and approved by the State Properties
Commission.
SECTION
170.
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 171.
SECTION 171.
That
this resolution shall become effective as law upon its approval by the Governor
or upon its becoming law without such approval.
ARTICLE
XV
SECTION 172.
SECTION 172.
That
all laws or parts of laws in conflict with this resolution are repealed.