12 LC 35 2605S
(SCS)
Senate
Resolution 873
By:
Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares
of the 17th, Staton of the 18th and others
ADOPTED
SENATE
A
RESOLUTION
Authorizing
the granting of restrictive easements, 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
Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Gordon, Hall, Houston, McDuffie,
Newton, Tattnall, and Ware County; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of certain real property located in Bartow,
Bibb, Butts, Chatham, Clinch, Douglas, Gordon, Hall, Houston, McDuffie, Newton,
Tattnall, and Ware County; and
WHEREAS,
Central Georgia Joint Development Authority, Georgia Department of
Transportation, Greystone Power Corporation, Flint EMC, Georgia Department of
Natural Resources, Georgia Department of Transportation, Georgia Power Company,
Jackson EMC, John S. Braddy and L & M Farms, Inc. 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 restrictive easements;
and
WHEREAS,
these restrictive easements, facilities, utilities, and ingress and egress in,
on, over, under, upon, across, or through the above-described state property
have been requested or approved by the Department of Corrections, Department of
Natural Resources, Georgia Bureau of Investigation, Georgia Forestry Commission,
State Properties Commission, and the Technical College System of
Georgia.
NOW,
THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE
I
SECTION
1.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 321 of District 23, Section 2, Bartow County,
Georgia, and that the property is in the custody of the Georgia Forestry
Commission 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
2.
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 installation, operation, and maintenance of an electrical
power line. Said easement area is located at 3700 Hwy. 140, Rydal, Georgia and
is more particularly described as follows:
That
approximately 0.301 of an acre easement area and that portion only as shown
highlighted in yellow on a drawing prepared by Rhodes Engineering Services (Paul
R. Rogers, RLS) and being Job Title- Survey for State of Georgia, Department of
The Georgia Forestry Commission.
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
3.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line and associated
equipment.
SECTION
4.
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
5.
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 its 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
6.
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
7.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
8.
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
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
10.
That
the consideration for such easement shall be $10 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
Bartow 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
Georgia Power Company shall expire three years after the date 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.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lots 205, 206, 211, and 212, 5th. Land District, Bibb
County and in Land Lots 250, 255, 265, 266, and 272, 5th. Land District, Houston
County, Georgia, and the property is in the custody of the Georgia 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
15.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to the Central Georgia Joint Development Authority (a State entity serving
Bibb, Crawford, Houston, Jones, Monroe and Twiggs Counties), or its successors
and assigns, a nonexclusive easement for the purpose of a restrictive easement
to eliminate incompatible land use around Robins Air Force Base ("the Base") in
Bibb and Houston Counties, Georgia 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 is near or adjacent to the
Base at Echeconnee Creek Natural Area in Bibb and Houston Counties, Georgia, and
is more particularly described as follows:
That
approximately 527.5 acres portion and that portion only as shown on a drawing
prepared by Department of Natural Resources stamped Exhibit "A" showing the
367.924 acres in Houston County and the 159.576 acres in Bibb County highlighted
in black outline, 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 a
restrictive easement.
SECTION
17.
That,
after the Central Georgia Joint Development Authority completes the restrictive
easement 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 Central Georgia Joint Development Authority, 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
18.
That
no title shall be conveyed to the Central Georgia Joint Development Authority
and, except as herein specifically granted to the Central Georgia Joint
Development Authority, 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 Central Georgia Joint Development
Authority.
SECTION
19.
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
20.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
21.
That
the easement granted to the Central Georgia Joint Development Authority 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
the consideration for such easement shall be future conveyance by the Central
Georgia Joint Development Authority to the State of Georgia of additional
properties to be used as buffer for the Base, such properties to be subject to
the same easement restrictions, and any other consideration as the State
Properties Commission may determine to be in the best interest of the State of
Georgia.
SECTION
23.
That
this grant of easement shall be recorded by the grantee in the Superior Courts
of Bibb and Houston Counties and a recorded copy shall be forwarded to the State
Properties Commission.
SECTION
24.
That
the authorization in this resolution to grant the above-described restrictive
easement to the Central Georgia Joint Development Authority shall expire three
years after the date this resolution is enacted into law and approved by the
State Properties Commission.
SECTION
25.
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
26.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 245, 3rd. Land District, Butts County, Georgia, and
the property is in the custody of the Georgia 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
27.
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 purpose of widening SR 36 at Towaliga
River in Butts County, Georgia 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 Butts
County, Georgia, and is more particularly described as follows:
That
approximately 0.13 of an acre portion and that portion only as shown in yellow
on a drawing prepared by Lowe Engineers and being Project No.
BRSTO-0054-01(064), 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
28.
That
the above-described premises shall be used solely for the purpose of widening SR
36 at Towaliga River.
SECTION
29.
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 road widening.
SECTION
30.
That,
after the Georgia Department of Transportation completes the road widening
project 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
31.
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
32.
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
33.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
34.
That
the easement granted to the 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
35.
That
the consideration for such easement shall be $10 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
36.
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
37.
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
this resolution is enacted into law and approved by the State Properties
Commission.
SECTION
38.
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
39.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in 5th. GMD, City of Savannah, Chatham County, Georgia, and that
the property is in the custody of the Georgia 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
40.
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 purpose of replacing and upgrading an old utility line.
Said easement area is located at Skidaway Island State Park, Chatham County,
Georgia and is more particularly described as follows:
That
approximately 2.9 acre easement area and that portion only as shown highlighted
in orange on a drawing marked Exhibit "A"
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
41.
That
the above-described premises shall be used solely for the purpose of replacing
and upgrading the old utility line.
SECTION
42.
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
43.
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 its 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
44.
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
45.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
46.
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
47.
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
48.
That
the consideration for such easement shall be for fair market value not less than
$10 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
49.
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
50.
That
the authorization in this resolution to grant the above-described easement to
Georgia Power Company shall expire three years after the date this resolution is
enacted into law and approved by the State Properties Commission.
SECTION
51.
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
52.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in 6th. GMD, City of Savannah, Chatham County, Georgia, and that
the property is in the custody of the Georgia Bureau of Investigation, 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
53.
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 installation, operation and maintenance of an electrical
power line. Said easement area is located at the Coastal Regional Crime Lab,
Savannah Regional Drug Office, and the Bomb Truck Garage in Savannah, Georgia
and is more particularly described as follows:
That
approximately 0.027 and 0.10 of an acre easement areas and that portion only as
shown highlighted in purple on two drawings prepared by Harmon A. Vedder and
being Job Title Little Ogeechee-New Dutchtown 115V Transmission Line Parcel 177
(0.10 Acre) and Parcel 178 (0.27 Acre).
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
54.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line and associated
equipment.
SECTION
55.
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 installation, operation, and maintenance of said electrical power
line.
SECTION
56.
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 its 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
57.
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
58.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
59.
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
60.
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
61.
That
the consideration for such easement shall be $46,500 and Georgia Power Company
has agreed to provide as in-kind-cost-to-cure to GBI for the removal of existing
trees, the planting of 29 Japanese Ligustrum trees and centipede sod, the
installation of an irrigation system, and a two year maintenance and guarantee,
to be installed upon completion of the transmission line, 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
62.
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
63.
That
the authorization in this resolution to grant the above-described easement to
Georgia Power Company shall expire three years after the date this resolution is
enacted into law and approved by the State Properties Commission.
SECTION
64.
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
65.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 470, Seventh Land District, Clinch County, Georgia,
and the property is in the custody of the Georgia Forestry Commission, 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
66.
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 purpose of construction of a road
widening project for US Hwy 441 Widening Project No. EDS-441(46) Clinch County,
Georgia 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 Clinch County, Georgia, and is more
particularly described as follows:
Those
approximately 0.045 of an acre portion and that portion only as shown in yellow
on a drawing prepared by Georgia Department of Transportation and being Job
Title "US Hwy 441 Widening Project, 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
67.
That
the above-described premises shall be used solely for the purpose of
constructing the road widening project.
SECTION
68.
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 road widening.
SECTION
69.
That,
after the Georgia Department of Transportation completes the road widening
project 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
70.
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
71.
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
72.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
73.
That
the easement granted to the 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
74.
That
the consideration for such easement shall be $10 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
75.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Clinch County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
76.
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
this resolution is enacted into law and approved by the State Properties
Commission.
SECTION
77.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect the grant of the easement
area.
ARTICLE
VII
SECTION
78.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 176 and 180, 1st. District, 5th. Section, Douglas
County, Georgia, 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
79.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Greystone Power Corporation, or its successors and assigns, a
nonexclusive easement area for the construction, operation and maintenance of an
electrical power line. Said easement area is located at the Sweetwater Creek
State Park, Riverside Parkway in Douglas County and is more particularly
described as follows:
That
approximately 2.74 acres easement area and that portion only as shown
highlighted in blue on that drawing prepared by Greystone Power Corporation, and
being Job "Exhibit A" Riverside Parkway Double Circuit Land Lot 176,
1st.District, 5th. Section, Douglas County, 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
80.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line and associated
equipment.
SECTION
81.
That
Greystone Power 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 electrical power
line.
SECTION
82.
That,
after Greystone Power Corporation 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, Greystone Power Corporation, or its successors and assigns, shall
have the option of removing its facilities from the easement area or leaving the
same in place, in which event the electrical power line shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
83.
That
no title shall be conveyed to Greystone Power Corporation and, except as herein
specifically granted to Greystone Power 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 Greystone Power
Corporation.
SECTION
84.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
85.
That
the easement granted to Greystone Power 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
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, 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
87.
That
the consideration for such easement shall be 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
88.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Douglas County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
89.
That
the authorization in this resolution to grant the above-described easement to
Greystone Power Corporation shall expire three years after the date this
resolution is enacted into law and approved by the State Properties
Commission.
SECTION
90.
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
91.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 26 of the 14th. Land District, 3rd. Section, Gordon
County, Georgia, 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
92.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Georgia Department of Transportation or its successors and assigns, a
nonexclusive easement area to reconstruct the Interchange Improvement at I-75
Interchange located on the Northwest corner side of SR 136 and I-75 in Resaca,
Gordon County and is more particularly described as follows:
That
approximately 0.030 acre easement area and that portion only as shown
highlighted in Orange and an area shown colored in Pink for the reconstruction
of a driveway on that drawing prepared by Briendley Pieters & Associates,
Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930, 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
93.
That
the above-described premises shall be used solely for the purpose of
reconstructing the Interchange Improvement at I-75 Interchange @SR 136 in Gordon
County, Georgia.
SECTION
94.
That
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 construction of the road
reconstruction.
SECTION
95.
That,
after Georgia Department of Transportation has constructed the road
reconstruction 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 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 road
reconstruction shall become the property of the State of Georgia, or its
successors and assigns.
SECTION
96.
That
no title shall be conveyed to Georgia Department of Transportation and, except
as herein specifically granted to 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 Georgia
Department of Transportation.
SECTION
97.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
98.
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
99.
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
100.
That
the consideration for such easement shall be $10 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
101.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Gordon County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
102.
That
the authorization in this resolution to grant the above-described easement to
Georgia Department of Transportation shall expire three years after the date
this resolution is enacted into law and approved by the State Properties
Commission.
SECTION
103.
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
104.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 13 of the 14th. Land District, Gordon County,
Georgia, and that the property is in the custody of the State Properties
Commission, 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
105.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Georgia Department of Transportation or its successors and assigns, a
nonexclusive easement area for the construction of a road widening at
SR3/US41/SR136 at SR136 in Gordon County and is more particularly described as
follows:
That
approximately 0.121 acre easement area and that portion only as shown
highlighted in Orange on that drawing prepared by Briendley Pieters &
Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. #
610930., 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
106.
That
the above-described premises shall be used solely for the purpose of
constructing a road widening at SR3/US41/SR136 at SR136 in Gordon County,
Georgia.
SECTION
107.
That
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 construction of the road widening.
SECTION
108.
That,
after Georgia Department of Transportation has constructed the road widening
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 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 road widening shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
109.
That
no title shall be conveyed to Georgia Department of Transportation and, except
as herein specifically granted to 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 Georgia
Department of Transportation.
SECTION
110.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
111.
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
112.
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
113.
That
the consideration for such easement shall be $10 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
114.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Gordon County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
115.
That
the authorization in this resolution to grant the above-described easement to
Georgia Department of Transportation shall expire three years after the date
this resolution is enacted into law and approved by the State Properties
Commission.
SECTION
116.
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
117.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lots 169, 171, 10th. Land District, Hall County,
Georgia, and the property is in the custody of the Georgia 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
118.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Hall County, or its successors and assigns, a nonexclusive easement for
the purpose of constructing, maintaining, and operating county roads in Hall
County, Georgia 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 Hall County, Georgia, and
is more particularly described as follows:
That
approximate total .407 of an acre consisting of three parcels of 0.007, 0.12,
and 0.28 acres and that portion only as shown in red on an Exhibit "A" labeled
Don Carter State Park Road Easements, Hall County 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
119.
That
the above-described premises shall be used solely for the purpose of
constructing, maintaining, and operating county roads at Don Carter State
Park.
SECTION
120.
That
Hall 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 roads.
SECTION
121.
That
after Hall County completes the road construction project 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, Hall 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
122.
That
no title shall be conveyed to Hall County and, except as herein specifically
granted to Hall 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 Hall County.
SECTION
123.
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
124.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
125.
That
the easement granted to Hall 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
126.
That
the consideration for such easement shall be $10 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
127.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Hall County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
128.
That
the authorization in this resolution to grant the above-described easement to
Hall County shall expire three years after the date this resolution is enacted
into law and approved by the State Properties Commission.
SECTION
129.
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
130.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lots 165, 166, 168-172, 10th. Land District and Land
Lots 96, 97, 120, 12th. Land District, GMD 1695, Hall County, Georgia, and the
property is in the custody of the Georgia 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
131.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Jackson EMC, or its successors and assigns, a nonexclusive easement for
the purpose of installing, maintaining, and operating overhead power lines in
Hall County, Georgia 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 Hall County, Georgia, and
is more particularly described as follows:
That
approximate area shown (engineered drawings to follow for approximate area and
as built surveys to be provided upon completion of installation) and that
portion only as shown in blue on an Exhibit "A" labeled Don Carter State Park
Power Lines, Hall County 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
132.
That
the above-described premises shall be used solely for the purpose of
constructing, maintaining, and operating power lines at Don Carter State
Park.
SECTION
133.
That
Jackson 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 construction, operation, and maintenance of said power
lines.
SECTION
134.
That
after Jackson EMC completes the utility lines project 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 Jackson EMC,
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
135.
That
no title shall be conveyed to Jackson EMC and, except as herein specifically
granted to Jackson 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 Jackson EMC.
SECTION
136.
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
137.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
138.
That
the easement granted to Jackson 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
139.
That
the consideration for such easement shall be $10.00 and such further
consideration and provisions as the State Properties Commission may determine to
be in the best interest of the State of Georgia.
SECTION
140.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Hall County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
141.
That
the authorization in this resolution to grant the above-described easement to
Jackson EMC shall expire three years after the date this resolution is enacted
into law and approved by the State Properties Commission.
SECTION
142.
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
143.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lots 165 and 166, 10th. District, Houston County,
Georgia, and that the property is in the custody of the Technical College System
of Georgia, 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
144.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Flint EMC, or its successors and assigns, a nonexclusive easement area
for the installation, operation and maintenance of an electrical power line.
Said easement area is located at the Middle Georgia Technical College, Main
Campus, Houston County and is more particularly described as
follows:
That
approximately 0.774 of an acre easement areas (two areas comprised of 0.104 and
0.162 acres) and that portion only as shown highlighted in yellow on that survey
prepared by Christopher A. Branscom, Georgia Registered Surveyor No. 3164 and
being Job Title Easement Plats for Flint Energies, Waddell & Company 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
145.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line and associated
equipment.
SECTION
146.
Flint
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
installation, operation and maintenance of said electrical power
line.
SECTION
147.
That,
after Flint 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 Flint
EMC, 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 electrical power line shall become the property of the State of Georgia, or
its successors and assigns.
SECTION
148.
That
no title shall be conveyed to Flint EMC and, except as herein specifically
granted to Flint 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 Flint EMC.
SECTION
149.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
150.
That
the easement granted to Flint 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
151.
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
152.
That
the consideration for such easement shall be $10 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
153.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Houston County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
154.
That
the authorization in this resolution to grant the above-described easement to
Flint EMC shall expire three years after the date this resolution is enacted
into law and approved by the State Properties Commission.
SECTION
155.
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
156.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in the 134th. GMD, McDuffie County, Georgia, and that the
property is in the custody of the Technical College System of Georgia, 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
157.
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 installation, operation and maintenance of an underground
electrical power line. Said easement area is located at the Thompson campus of
Augusta Technical College in McDuffie County and is more particularly described
as follows:
That
approximately 0.101 of an acre easement area and that portion only as shown
highlighted in yellow on that drawing prepared by WK Dickson and being Job Title
"Utility Plan Augusta Technical College Aircraft Technology Building Project
#DTAE-147" 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
158.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said electrical power line and associated
equipment.
SECTION
159.
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 installation, operation and maintenance of said electrical power
line.
SECTION
160.
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 its 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
161.
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
162.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
163.
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
164.
That
this resolution does not affect and is not intended to affect any rights,
powers, interest, or liability of the Department of Transportation with respect
to the state highway system, of a county with respect to the county road system,
or of a municipality with respect to the city street system. The grantee shall
obtain any and all other required permits from the appropriate governmental
agencies as are necessary for its lawful use of the easement area or public
highway right of way and comply with all applicable state and federal
environmental statutes in its use of the easement area.
SECTION
165.
That
the consideration for such easement shall be $10 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
166.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
McDuffie County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
167.
That
the authorization in this resolution to grant the above-described easement to
Georgia Power Company shall expire three years after the date this resolution is
enacted into law and approved by the State Properties Commission.
SECTION
168.
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
169.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 295, 9th. District, Newton County, Georgia, and the
property is in the custody of the Technical College System of Georgia 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
170.
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 reconstruction of SR 142 under DOT
Project Number-STP-00-1418-00(003) in Newton County, Georgia 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 Newton County, Georgia, and is more particularly described as
follows:
That
approximately 0.0107 acre easement area and that portion only as shown in orange
on a drawing prepared by Georgia Department of Transportation and being Job
Title Project No. STP-00-1418-00(003), 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
171.
That
the above-described premises shall be used solely for the purpose of the road
reconstruction project.
SECTION
172.
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 road reconstruction project.
SECTION
173.
That,
after the Georgia Department of Transportation completes the road reconstruction
project 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
174.
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
175.
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
176.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
177.
That
the easement granted to the 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
178.
That
the consideration for such easement shall be $10 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
179.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Newton County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
180.
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
this resolution is enacted into law and approved by the State Properties
Commission.
SECTION
181.
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
XV
SECTION
182.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in the 1645th. GMD, Tattnall County, Georgia, and that the
property is in the custody of the Georgia Department of Corrections, 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
183.
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 an early warning system associated with the power generation
plant known as Plant Hatch in compliance with the Federal Nuclear Energy
Regulatory Commission regulations. Said easement area is located at the
Department of Corrections' Georgia State Prison Property in Tattnall County,
Reidsville, Georgia and is more particularly described as follows:
That
approximately 0.0574 of an acre easement area and that portion only as shown
highlighted in Gold on that drawing prepared by Georgia Power Company Land
Department and being Job Title "Plant Hatch Alert Notification (Siren) System
Exhibit "A" Map, Siren #045" 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
184.
That
the above-described premises shall be used solely for the purpose of installing,
maintaining, and operating said siren system and associated
equipment.
SECTION
185.
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 installation, operation, and maintenance of said siren.
SECTION
186.
That,
after Georgia Power Company has put into use the siren this easement is granted
for, a subsequent abandonment of the use thereof shall cause a reversion to the
State of Georgia, or its successors and assigns, of all the rights, title,
privileges, powers, and easement granted herein. Upon abandonment, the Georgia
Power Company, or its successors and assigns, shall have the option of removing
its facilities from the easement area or leaving the same in place, in which
event the siren shall become the property of the State of Georgia, or its
successors and assigns.
SECTION
187.
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
188.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
189.
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
190.
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
191.
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
192.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Tattnall County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
193.
That
the authorization in this resolution to grant the above-described easement to
Georgia Power Company shall expire three years after the date this resolution is
enacted into law and approved by the State Properties Commission.
SECTION
194.
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
XVI
SECTION
195.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in original Land Lot 32, 9th. District, Ware County, Georgia,
and the property is in the custody of the Georgia Forestry Commission, 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
196.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to John S. Braddy a nonexclusive easement for a permanent access easement
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.
The easement will terminate at the time that John S. Braddy transfers property
title or at the time John S. Braddy is deceased. Said easement area is located
at 4333 Okefenokee Swamp Road, Waycross, Ga. 31503 in Ware County, Georgia, and
is more particularly described as follows:
That
0.207 of an acre portion and that portion only as shown highlighted in yellow on
a drawing prepared by D Lavone Herrin and being Job Title "Resurvey of 0.813
Acre including 25' Easement", 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
197.
That
the above-described premises shall be used solely for the purpose of a permanent
access easement.
SECTION
198.
That
John S. Braddy 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
permanent access easement.
SECTION
199.
That,
after John S. Braddy has put into use the permanent access easement 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, John S. Braddy, 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
200.
That
no title shall be conveyed to the John S. Braddy, and, except as herein
specifically granted to John S. Braddy, 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 John S. Braddy.
SECTION
201.
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
202.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
203.
That
the easement granted to John S. Braddy 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
204.
That
the consideration for such easement shall be $10 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
205.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Ware County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
206.
That
the authorization in this resolution to grant the above-described easement to
John S. Braddy shall expire three years after the date this resolution is
enacted into law and approved by the State Properties Commission.
SECTION
207.
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
XVII
SECTION
208.
That
the State of Georgia is the owner of the hereinafter described real property
lying and being in Land Lot 12, 9th. District, Ware County, Georgia, and the
property is in the custody of the Georgia Forestry Commission, 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
209.
That
the State of Georgia, acting by and through its State Properties Commission, may
grant to Steve and Julie Mullis/L & S Mullis Farms, Inc. a nonexclusive
easement for a permanent access easement and installation of a power line/pole
at Dixon Memorial State Forest 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 will be for a total of 45' in
width (30' for the road and 15' for the power line/pole). The easement will be
for farm access only and if the land is converted or rezoned for other than
agriculture purposes the easement is terminated and reverts back to the Georgia
Forestry Commission. Said easement area is located on Lloyd Strickland Road in
the Dixon Memorial State Forest in Ware County, Georgia, and is more
particularly described as follows:
That
0.944 of an acre portion and that portion only as shown highlighted in yellow on
a survey prepared by Registered Surveyor, Charles H. Tomberlin and being titled
Survey for L & S Mullis Farms, Inc., and being on file in the offices of the
State Properties Commission,
and
more particularly described in said plat of survey prepared by a Georgia
registered land surveyor and presented to the State Properties Commission for
approval.
SECTION
210.
That
the above-described premises shall be used solely for the purpose of a permanent
access easement and power line/pole installation.
SECTION
211.
That
L & S Mullis Farms, Inc. shall have the right to remove or cause to be
removed from said easement area only such trees and bushes as may be reasonably
necessary for the permanent access easement.
SECTION
212.
That,
after L & S Mullis Farms, Inc. has put into use the permanent access
easement 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, L & S Mullis Farms, Inc. or its successors and
assigns, shall have the option of removing its facilities from the easement area
or leaving the same in place, in which event the facility shall become the
property of the State of Georgia, or its successors and assigns.
SECTION
213.
That
no title shall be conveyed to L & S Mullis Farms, Inc., and except as herein
specifically granted to L & S Mullis Farms, Inc., all rights, title, and
interest in and to said easement area is reserved in the State of Georgia, which
may make any use of said easement area not inconsistent with or detrimental to
the rights, privileges, and interest granted to L & S Mullis Farms,
Inc.
SECTION
214.
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
215.
That
if the State of Georgia, acting by and through its State Properties Commission,
determines that in order to avoid interference with the state's use or intended
use of the easement area, the easement area should be relocated to an alternate
site within the property, it may grant a substantially equivalent nonexclusive
easement to an 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. The Grantee 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 Grantee
provides, and the State Properties Commission receives and approves, in advance
of any construction being commenced a written estimate for the cost of such
removal and relocation. Upon written request from Grantee or any third party,
the State Properties Commission, in its sole discretion, may grant a
substantially equivalent nonexclusive easement within the property for the
relocation of the facilities without cost, expense or reimbursement from the
State of Georgia.
SECTION
216.
That
the easement granted to L & S Mullis Farms, Inc. shall contain such other
reasonable terms, conditions, and covenants as the State Properties Commission
shall deem in the best interest of the State of Georgia and that the State
Properties Commission is authorized to use a more accurate description of the
easement area so long as the description utilized by the State Properties
Commission describes the same easement area herein granted.
SECTION
217.
That
the consideration for such easement shall be $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
218.
That
this grant of easement shall be recorded by the grantee in the Superior Court of
Ware County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
219.
That
the authorization in this resolution to grant the above-described easement to L
& S Mullis Farms, Inc. shall expire three years after the date this
resolution is enacted into law and approved by the State Properties
Commission.
SECTION
220.
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
XVIII
SECTION
221.
That
this resolution shall become effective as law upon its approval by the Governor
or upon its becoming law without such approval.
ARTICLE
XIX
SECTION
222.
That
all laws or parts of laws in conflict with this resolution are
repealed.