12 LC 40
0042
Senate
Resolution 765
By:
Senators Carter of the 1st, Grant of the 25th, Jeffares of the 17th and Williams
of the 19th
ADOPTED
A
RESOLUTION
Authorizing
the change of use of certain properties located in Bryan and Butts counties
currently dedicated as a heritage preserve; authorizing the granting of
nonexclusive easements for the construction, operation, and maintenance of
facilities, utilities, and ingress and egress in, on, over, upon, across, or
through certain state owned real property located in Bryan, Butts, and Liberty
counties; to provide an effective date; to repeal conflicting laws; and for
other purposes.
WHEREAS,
the State of Georgia is the owner of certain parcels of real property located in
Bryan, Butts, and Liberty counties; and
WHEREAS,
the Department of Natural Resources has requested a change of use to the
property located in Bryan and Butts counties dedicated as a heritage preserve at
the request of the Georgia Transmission Corporation (an electric membership
corporation) and the Coastal Electric Membership Corporation, acting jointly,
and the Department of Transportation; and the request has been approved by the
Board of Natural Resources; and
WHEREAS,
the Georgia Transmission Corporation and the Coastal Electric Membership
Corporation, acting jointly, and the Department of Transportation desire to
construct, operate, and maintain facilities, utilities, and ingress and egress
in, on, over, under, upon, across, or through a portion of said property located
in Bryan, Butts, and Liberty counties; and
WHEREAS,
these facilities, utilities, and the ingress and egress in, on, over, under,
upon, across, or through the above-described state property have been approved
by the Board of Natural Resources.
NOW,
THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
PART
I
SECTION
1-1.
That
the State of Georgia is the owner of the hereinafter described real property in
Bryan County and that the property is in the custody of the Department of
Natural Resources, which supports the change to the use of 17.22± acres of
the heritage preserve dedicated area, and that in all matters related to the
change of use the State of Georgia is acting by and through the Department of
Natural Resources. Said change of use area is located at the Richmond Hill
Wildlife Management Area located in Bryan County, hereinafter referred to as the
"Richmond Hill change of use area," and is more particularly described as
follows:
"Those
approximately 17.22 acres as shown on easement area plat labeled Parcels 6-6.21
and prepared for Georgia Transmission Corporation (an Electric Membership
Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178,
dated March 8, 2010 and last revised June 27, 2011 and being on file in the
office of the State Properties Commission."
SECTION
1-2.
That
the recommendation adopted at the December 7, 2011, meeting of the Board of
Natural Resources to change the use of 17.22± acres of the heritage
preserve dedicated area known as the Richmond Hill Wildlife Management Area to
allow the grant of an easement jointly to the Georgia Transmission Corporation
and the Coastal Electric Membership Corporation for the purpose of constructing,
operating, and maintaining electrical power lines is approved.
SECTION
1-3.
That
the Department of Natural Resources shall file with the Secretary of State and
the Office of the Clerk of the Superior Court of Bryan County a notice of the
removal of the heritage preserve dedication over the Richmond Hill change of use
area.
SECTION
1-4.
That
the Department of Natural Resources shall retain custody of the Richmond Hill
change of use area.
PART
II
SECTION
2-1.
That
the State of Georgia is the owner of the hereinafter described real property in
Butts County and that the property is in the custody of the Department of
Natural Resources, which supports the change to the use of 0.41± acre of
the heritage preserve dedicated area and that in all matters related to the
change of use the State of Georgia is acting by and through the Department of
Natural Resources. Said change of use area is located at High Falls State Park
located in Butts County, hereinafter referred to as the "High Falls change of
use area," and is more particularly described as follows:
"Those
approximately 0.41± acres in Butts County shown on right of way map
prepared for the Department of Transportation on February 12, 2008 and last
revised November 30, 2010 and being on file in the office of the State
Properties Commission."
SECTION
2-2.
That
the recommendation adopted at the December 7, 2011, meeting of the Board of
Natural Resources to change the use of 0.41± acre of the heritage preserve
dedicated area known as the High Falls State Park to allow the grant of an
easement to the Department of Transportation for the purpose of widening State
Route 36 over the Towaliga River is approved.
SECTION
2-3.
That
the Department of Natural Resources shall file with the Secretary of State and
the Office of the Clerk of the Superior Court of Butts County a notice of the
removal of the heritage preserve dedication over the above-referenced High Falls
change of use area.
SECTION
2-4.
That
the Department of Natural Resources shall retain custody of the High Falls
change of use area.
PART
III
SECTION
3-1.
That
the State of Georgia is the owner of the hereinafter described real property in
Bryan and Liberty counties and that the property is in the custody of the
Department of Natural Resources, which does not object to the granting of this
100-foot-wide electrical power lines easement, 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
3-2.
That
the State of Georgia acting by and through its State Properties Commission is
authorized to grant jointly to the Georgia Transmission Corporation and the
Coastal Electric Membership Corporation, or their successors and assigns, a
nonexclusive easement for the construction, operation, and maintenance of
electrical power lines in, on, over, under, upon, across, or through the
easement area for the purpose of constructing, erecting, installing,
maintaining, repairing, replacing, inspecting, and operating electric power
lines together with the right of ingress and egress over adjacent land of the
State of Georgia as may reasonably necessary to accomplish the aforesaid
purpose. Said easement area consists of approximately 17.69 acres in Bryan
County and 14.53 acres in Liberty County (total 32.22 acres) and is more
particularly described as follows:
"Those
approximately 3.856 acres in Bryan County as shown on easement area plat labeled
Parcels 6.01, 6.02, 6.03, 6.04, 6.05, 6.07, 6.09, 6.11, 6.12, 6.13, 6.14, 6.15,
6.16, 6.18, 6.19 and 6.20 and prepared for Georgia Transmission Corporation (an
Electric Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land
Surveyor No. 2178, dated March 8, 2010 and last revised June 27, 2011 and being
on file in the office of the State Properties Commission; those approximately
13.834 acres in Bryan County as shown on easement area plat labeled Jerico River
Salt Marsh Areas "A" (Bryan County), "B", "C", "D", "E", and "F" and prepared
for Georgia Transmission Corporation (an Electric Membership Corporation) by
Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178, dated March 9,
2010 and last revised November 17, 2011 and being on file in the office of the
State Properties Commission; and those approximately 14.532 acres in Liberty
County as shown on easement area plat labeled Jerico River Salt Marsh Area "A"
(Liberty County) and prepared for Georgia Transmission Corporation (an Electric
Membership Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor
No. 2178, dated March 9, 2010 and last revised November 17, 2011 and as shown on
easement area plat labeled Jones Creek Salt Marsh Areas "A", "B", "C", and "D"
and prepared for Georgia Transmission Corporation (an Electric Membership
Corporation) by Albert M. Wynn, Jr., Georgia Registered Land Surveyor No. 2178,
dated February 3, 2010 and being on file in the office of the State Properties
Commission."
Said
easement includes, without limitation, the Richmond Hill change of use area
referenced in Part I of this Resolution.
SECTION
3-3.
That
the above-described premises shall be used solely for the purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said electric power lines.
SECTION
3-4.
That
the Georgia Transmission Corporation and the Coastal Electric Membership
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 electric power
lines.
SECTION
3-5.
That,
after the Georgia Transmission Corporation and the Coastal Electric Membership
Corporation have put into use the electric power lines for which this easement
is granted, a subsequent abandonment of the use thereof shall cause a reversion
to the State of Georgia, or its successors and assigns, of all the rights,
title, privileges, powers, and easement granted herein. Upon abandonment, the
Georgia Transmission Corporation and the Coastal Electric Membership
Corporation, or their 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 facilities shall become the property of the State of Georgia or its
successors and assigns.
SECTION
3-6.
That
no title shall be conveyed to the Georgia Transmission Corporation and the
Coastal Electric Membership Corporation and, except as herein specifically
granted to the Georgia Transmission Corporation and the Coastal Electric
Membership 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 the Georgia Transmission Corporation and the Coastal
Electric Membership Corporation.
SECTION
3-7.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that any or all of the facilities placed on the easement area should
be removed or relocated to an alternate site on state owned land in order to
avoid interference with the state's use or intended use of the easement area, it
may grant a substantially equivalent nonexclusive easement to allow placement of
the removed or relocated facilities across the alternate site under such terms
and conditions as the State Properties Commission shall in its discretion
determine to be in the best interest of the State of Georgia, and the Georgia
Transmission Corporation and the Coastal Electric Membership Corporation shall
remove or relocate their facilities to the alternate easement area at their 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 20 percent of the amount of a written
estimate provided by the Georgia Transmission Corporation and the Coastal
Electric Membership 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 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
3-8.
That
the easement granted jointly to the Georgia Transmission Corporation and the
Coastal Electric Membership 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
3-9.
That
this Resolution does not affect and is not intended to affect any rights,
powers, interest, or liability of the Department of Transportation with respect
to the state highway system, of a county with respect to the county road system,
or of a municipality with respect to the city street system. 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
3-10.
That
the consideration for such easement shall be for fair market value, 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
3-11.
That
this grant of easement shall be recorded by the grantee in the superior courts
of Bryan and Liberty counties and a recorded copy shall be forwarded to the
State Properties Commission.
SECTION
3-12.
That
the authorization in this Resolution to grant the above-described easement
jointly to the Georgia Transmission Corporation and the Coastal Electric
Membership Corporation shall expire three years after the date this Resolution
is enacted into law and approved by the State Properties
Commission.
SECTION
3-13.
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.
PART
IV
SECTION
4-1.
That
the State of Georgia is the owner of the hereinafter-described real property in
Butts County and that the property is in the custody of the Department of
Natural Resources, which does not object to the granting of this easement,
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
4-2.
That
the State of Georgia, acting by and through its State Properties Commission, is
authorized to grant to the Department of Transportation, or its successors and
assigns, a nonexclusive easement for the construction, operation, and
maintenance of a traffic safety improvement 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
traffic safety improvement together with the right of ingress and egress over
adjacent land of the State of Georgia as may reasonably necessary to accomplish
the aforesaid purpose. Said easement area is located in Butts County and is
more particularly described as follows:
"Those
approximately 0.13± acres in Butts County shown on right of way map
prepared for the Department of Transportation on February 12, 2008 and last
revised November 30, 2010 and being on file in the office of the State
Properties Commission."
Said
easement includes, without limitation, the High Falls change of use area
referenced in Part II of this Resolution.
SECTION
4-3.
That
above-described property shall be used solely for the purpose of planning,
constructing, erecting, installing, maintaining, repairing, replacing,
inspecting, and operating said traffic safety improvement.
SECTION
4-4.
That
the 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 traffic safety
improvement.
SECTION
4-5.
That,
after the Department of Transportation has put into use the traffic safety
improvement 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 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
4-6.
That
no title shall be conveyed to the Department of Transportation and, except as
herein specifically granted to the 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 Department of
Transportation.
SECTION
4-7.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that any or all of the facilities placed on the easement area should
be removed or relocated to an alternate site on state owned land in order to
avoid interference with the state's use or intended use of the easement area, it
may grant a substantially equivalent nonexclusive easement to allow placement of
the removed or relocated facilities across the alternate site under such terms
and conditions as the State Properties Commission shall in its discretion
determine to be in the best interest of the State of Georgia, and the 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 20
percent of the amount of a written estimate provided by the 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 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
4-8.
That
the easement granted to the 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
4-9.
That
this Resolution does not affect and is not intended to affect any rights,
powers, interest, or liability of the Department of Transportation with respect
to the state highway system, of a county with respect to the county road system,
or of a municipality with respect to the city street system. 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
4-10.
That
the consideration for such easement is $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
4-11.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Butts County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
4-12.
That
the authorization in this Resolution to grant the above-described easement to
the Department of Transportation shall expire three years after the date this
Resolution is enacted into law and approved by the State Properties
Commission.
SECTION
4-13.
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.
PART
V
SECTION
5-1.
That
this Resolution shall become effective upon its approval by the Governor or upon
its becoming law without such approval.
SECTION
5-2.
That
all laws and parts of laws in conflict with this Resolution are repealed.