52
14 LC 40 0531 S. R. 868 - 1 - Senate Resolution 868 By: Senators Albers of the 56th, Jones of the 25th, Hill of the 6th and Dugan of the 30th A RESOLUTION Authorizing the granting of nonexclusive easements for the construction, operation, and 1 maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, 2 or through property owned by the State of Georgia in the counties of Appling, Barrow, Bibb, 3 Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe, Toombs, and Troup; to provide 4 for an effective date; to repeal conflicting laws; and for other purposes. 5 WHEREAS, the State of Georgia is the owner of certain real property located in the counties 6 of Appling, Barrow, Bibb, Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe, 7 Toombs, and Troup; and 8 WHEREAS, the Georgia Department of Transportation; Walton EMC; Comcast; Georgia 9 Power Company; the City of Atlanta; TOJV, LLC; Central Georgia EMC; the City of 10 Dublin; Flint EMC; the City of Forsyth; Wide Open West Cable Company (WOW!), LLC; 11 the City of West Point; and various utilities desire to operate and maintain facilities, utilities, 12 and ingress and egress in, on, over, under, upon, across, or through a portion of said property; 13 and 14 WHEREAS, these nonexclusive easements, facilities, utilities, and ingress and egress in, on, 15 over, under, upon, across, or through the above-described state property have been requested 16 or approved by the Department of Corrections, Department of Defense, Department of 17 Economic Development, Department of Natural Resources, Technical College System of 18 Georgia, Geo. L. Smith II Georgia World Congress Center Authority, and State Properties 19 Commission. 20 NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL 21 ASSEMBLY OF GEORGIA: 22

14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 1 -

Senate Resolution 868

By: Senators Albers of the 56th, Jones of the 25th, Hill of the 6th and Dugan of the 30th

A RESOLUTION

Authorizing the granting of nonexclusive easements for the construction, operation, and1

maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across,2

or through property owned by the State of Georgia in the counties of Appling, Barrow, Bibb,3

Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe, Toombs, and Troup; to provide4

for an effective date; to repeal conflicting laws; and for other purposes.5

WHEREAS, the State of Georgia is the owner of certain real property located in the counties6

of Appling, Barrow, Bibb, Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe,7

Toombs, and Troup; and8

WHEREAS, the Georgia Department of Transportation; Walton EMC; Comcast; Georgia9

Power Company; the City of Atlanta; TOJV, LLC; Central Georgia EMC; the City of10

Dublin; Flint EMC; the City of Forsyth; Wide Open West Cable Company (WOW!), LLC;11

the City of West Point; and various utilities desire to operate and maintain facilities, utilities,12

and ingress and egress in, on, over, under, upon, across, or through a portion of said property;13

and14

WHEREAS, these nonexclusive easements, facilities, utilities, and ingress and egress in, on,15

over, under, upon, across, or through the above-described state property have been requested16

or approved by the Department of Corrections, Department of Defense, Department of17

Economic Development, Department of Natural Resources, Technical College System of18

Georgia, Geo. L. Smith II Georgia World Congress Center Authority, and State Properties19

Commission.20

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL21

ASSEMBLY OF GEORGIA:22

Page 2: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 2 -

ARTICLE I23

SECTION 1.24

That the State of Georgia is the owner of the hereinafter-described real property lying and25

being in the Land Lots 618 and 619, 2nd Land District, 43rd G.M.D., Appling County,26

Georgia, and that the property is in the custody of the Department of Natural Resources,27

which on October 24, 2012, approved a resolution for and does not object to the granting of28

this easement, hereinafter referred to as the easement area, and that, in all matters relating to29

the easement area, the State of Georgia is acting by and through its State Properties30

Commission.31

SECTION 2.32

That the State of Georgia, acting by and through its State Properties Commission, may grant33

to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive34

easement area for a bridge replacement and realignment on SR4/US1 at the Altamaha River,35

Overflow and Williams Creek associated with Project No. BR000-0001-00(216) Appling36

County, GDOT PI# 0001216. Said easement area is located in the Altamaha River,37

Overflow, and Williams Creek, Appling County, and is more particularly described as38

follows:39

That approximately 0.157 acre, lying and being in Land Lots 618 and 619, 2nd Land40

District, 43rd G.M.D., Appling County, Georgia, as shown highlighted in orange on that41

drawing prepared by Heath & Lineback Engineers, Incorporated and being Job Title42

"Department of Transportation; State of Georgia, Right of Way of Proposed43

US1/SR4/SR15 Bridge Replacement Over Altamaha River, Overflow, and Williams Creek,44

Appling and Toombs Counties; Federal Aid Project No. BR000-0001-00(216)," and being45

on file in the offices of the State Properties Commission,46

and may be more particularly described by a plat of survey prepared by a Georgia registered47

land surveyor and presented to the State Properties Commission for approval.48

SECTION 3.49

That the above-described premises shall be used solely for the purpose of constructing,50

maintaining, and operating said bridge and road.51

SECTION 4.52

That the Georgia Department of Transportation shall have the right to remove or cause to be53

removed from said easement area only such trees and bushes as may be reasonably necessary54

for the proper construction, operation, and maintenance of said bridge and road.55

Page 3: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 3 -

SECTION 5.56

That, after the Georgia Department of Transportation has put into use the bridge and road this57

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion58

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,59

powers, and easement granted herein. Upon abandonment, the Georgia Department of60

Transportation, or its successors and assigns, shall have the option of removing its facilities61

from the easement area or leaving the same in place, in which event the bridge and road shall62

become the property of the State of Georgia, or its successors and assigns.63

SECTION 6.64

That no title shall be conveyed to the Georgia Department of Transportation and, except as65

herein specifically granted to the Georgia Department of Transportation, all rights, title, and66

interest in and to said easement area is reserved in the State of Georgia, which may make any67

use of said easement area not inconsistent with or detrimental to the rights, privileges, and68

interest granted to the Georgia Department of Transportation.69

SECTION 7.70

That if the State of Georgia, acting by and through its State Properties Commission,71

determines that any or all of the facilities placed on the easement area should be removed or72

relocated to an alternate site on state owned land in order to avoid interference with the state's73

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive74

easement to allow placement of the removed or relocated facilities across the alternate site75

under such terms and conditions as the State Properties Commission shall in its discretion76

determine to be in the best interest of the State of Georgia, and the Georgia Department of77

Transportation shall remove or relocate its facilities to the alternate easement area at its sole78

cost and expense, unless the State Properties Commission determines that the requested79

removal or relocation is to be for the sole benefit of the State of Georgia and grantee80

provides, and the State Properties Commission receives and approves, in advance of any81

construction being commenced, a written estimate for the cost of such removal and82

relocation. Upon written request from the grantee or any third party, the State Properties83

Commission, in its sole discretion, may grant a substantially equivalent nonexclusive84

easement within the property for the relocation of the facilities without cost, expense, or85

reimbursement from the State of Georgia.86

SECTION 8.87

That the easement granted to the Georgia Department of Transportation shall contain such88

other reasonable terms, conditions, and covenants as the State Properties Commission shall89

Page 4: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 4 -

deem in the best interest of the State of Georgia and that the State Properties Commission is90

authorized to use a more accurate description of the easement area, so long as the description91

utilized by the State Properties Commission describes the same easement area herein granted.92

SECTION 9.93

That this resolution does not affect and is not intended to affect any rights, powers, interest,94

or liability of the Georgia Department of Transportation with respect to the state highway95

system, of a county with respect to the county road system, or of a municipality with respect96

to the city street system. The grantee shall obtain any and all other required permits from the97

appropriate governmental agencies as are necessary for its lawful use of the easement area98

or public highway right of way and comply with all applicable state and federal99

environmental statutes in its use of the easement area.100

SECTION 10.101

That the consideration for such easement shall be $10.00 and such further consideration and102

provisions as the State Properties Commission may determine to be in the best interest of the103

State of Georgia.104

SECTION 11.105

That this grant of easement shall be recorded by the grantee in the Superior Court of Appling106

County and a recorded copy shall be forwarded to the State Properties Commission.107

SECTION 12.108

That the authorization in this resolution to grant the above-described easement to the Georgia109

Department of Transportation shall expire three years after the date this resolution is enacted110

into law and approved by the State Properties Commission.111

SECTION 13.112

That the State Properties Commission is authorized and empowered to do all acts and things113

necessary and proper to effect the grant of the easement area.114

ARTICLE II115

SECTION 14.116

That the State of Georgia is the owner of the hereinafter-described real property lying and117

being in the 1741st District, G.M., Barrow County, Georgia, and that the property is in the118

custody of the Technical College System of Georgia, which on November 6, 2013, approved119

Page 5: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 5 -

a resolution for and does not object to the granting of this easement, hereinafter referred to120

as the easement area, and that, in all matters relating to the easement area, the State of121

Georgia is acting by and through its State Properties Commission.122

SECTION 15.123

That the State of Georgia, acting by and through its State Properties Commission, may grant124

to Walton EMC, or its successors and assigns, a nonexclusive easement area to install,125

operate, and maintain underground electrical distribution lines to serve a new classroom126

building to be constructed with TCSG-301 General Obligation Bonds. Said easement area127

is located at the Lanier Technical College in Barrow County and is more particularly128

described as follows:129

That approximately 1.2 acres, lying and being in the 1741st District, G.M., Barrow County,130

Georgia, and that portion only as shown on a drawing furnished by the Technical College131

System of Georgia, and being on file in the offices of the State Properties Commission,132

and may be more particularly described by a plat of survey prepared by a Georgia registered133

land surveyor and presented to the State Properties Commission for approval.134

SECTION 16.135

That the above-described premises shall be used solely for the purpose of installing,136

operating, and maintaining underground electrical power lines and necessary equipment.137

SECTION 17.138

That Walton EMC shall have the right to remove or cause to be removed from said easement139

area only such trees and bushes as may be reasonably necessary for the proper installation,140

operation, and maintenance of said electric power lines and necessary equipment.141

SECTION 18.142

That, after Walton EMC has put into use the power lines and necessary equipment this143

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion144

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,145

powers, and easement granted herein. Upon abandonment, Walton EMC, or its successors146

and assigns, shall have the option of removing its facilities from the easement area or leaving147

the same in place, in which event the power lines and any equipment shall become the148

property of the State of Georgia, or its successors and assigns.149

Page 6: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 6 -

SECTION 19.150

That no title shall be conveyed to Walton EMC and, except as herein specifically granted to151

Walton EMC, all rights, title, and interest in and to said easement area is reserved in the State152

of Georgia, which may make any use of said easement area not inconsistent with or153

detrimental to the rights, privileges, and interest granted to Walton EMC.154

SECTION 20.155

That if the State of Georgia, acting by and through its State Properties Commission,156

determines that any or all of the facilities placed on the easement area should be removed or157

relocated to an alternate site on state owned land in order to avoid interference with the state's158

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive159

easement to allow placement of the removed or relocated facilities across the alternate site160

under such terms and conditions as the State Properties Commission shall in its discretion161

determine to be in the best interest of the State of Georgia, and Walton EMC shall remove162

or relocate its facilities to the alternate easement area at its sole cost and expense, unless the163

State Properties Commission determines that the requested removal or relocation is to be for164

the sole benefit of the State of Georgia and grantee provides, and the State Properties165

Commission receives and approves, in advance of any construction being commenced, a166

written estimate for the cost of such removal and relocation. Upon written request from the167

grantee or any third party, the State Properties Commission, in its sole discretion, may grant168

a substantially equivalent nonexclusive easement within the property for the relocation of the169

facilities without cost, expense, or reimbursement from the State of Georgia.170

SECTION 21.171

That the easement granted to Walton EMC shall contain such other reasonable terms,172

conditions, and covenants as the State Properties Commission shall deem in the best interest173

of the State of Georgia and that the State Properties Commission is authorized to use a more174

accurate description of the easement area, so long as the description utilized by the State175

Properties Commission describes the same easement area herein granted.176

SECTION 22.177

That this resolution does not affect and is not intended to affect any rights, powers, interest,178

or liability of the Georgia Department of Transportation with respect to the state highway179

system, of a county with respect to the county road system, or of a municipality with respect180

to the city street system. The grantee shall obtain any and all other required permits from the181

appropriate governmental agencies as are necessary for its lawful use of the easement area182

Page 7: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 7 -

or public highway right of way and comply with all applicable state and federal183

environmental statutes in its use of the easement area.184

SECTION 23.185

That, given the public purpose of the project, the consideration for such easement shall be186

$10.00 and such further consideration and provisions as the State Properties Commission187

may determine to be in the best interest of the State of Georgia.188

SECTION 24.189

That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow190

County and a recorded copy shall be forwarded to the State Properties Commission.191

SECTION 25.192

That the authorization in this resolution to grant the above-described easement to Walton193

EMC shall expire three years after the date this resolution is enacted into law and approved194

by the State Properties Commission.195

SECTION 26.196

That the State Properties Commission is authorized and empowered to do all acts and things197

necessary and proper to effect the grant of the easement area.198

ARTICLE III199

SECTION 27.200

That the State of Georgia is the owner of the hereinafter-described real property lying and201

being in Lot 29 of Macon Reserve East, Bibb County, Georgia, and that the property is in the202

custody of the Department of Defense, which on April 10, 2013, stated in a letter to the State203

Properties Commission that the department does not object to the granting of this easement,204

hereinafter referred to as the easement area, and that, in all matters relating to the easement205

area, the State of Georgia is acting by and through its State Properties Commission.206

SECTION 28.207

That the State of Georgia, acting by and through its State Properties Commission, may grant208

to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for209

the installation, maintenance, and operation of an underground electrical power line to210

provide permanent power to the Macon Readiness Center. Said easement area is located at211

the Macon Readiness Center in Bibb County and is more particularly described as follows:212

Page 8: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 8 -

That approximately 0.12 acre, and that portion only, situate lying and being in Land Lot213

29 of Macon Reserve East, Bibb County, Georgia, as shown on a drawing furnished by the214

Department of Defense, and being on file in the offices of the State Properties Commission,215

and may be more particularly described by a plat of survey prepared by a Georgia registered216

land surveyor and presented to the State Properties Commission for approval.217

SECTION 29.218

That the above-described premises shall be used solely for the purpose of installing,219

maintaining, and operating an underground electrical power line.220

SECTION 30.221

That Georgia Power Company shall have the right to remove or cause to be removed from222

said easement area only such trees and bushes as may be reasonably necessary for the223

installation, maintenance, and operation of an underground electrical power line.224

SECTION 31.225

That after Georgia Power Company has put into use the underground electrical power line226

this easement is granted for, a subsequent abandonment of the use thereof shall cause a227

reversion to the State of Georgia, or its successors and assigns, of all the rights, title,228

privileges, powers, and easement granted herein. Upon abandonment, Georgia Power229

Company, or its successors and assigns, shall have the option of removing its facilities from230

the easement area or leaving the same in place, in which event the underground electrical231

power line shall become the property of the State of Georgia, or its successors and assigns.232

SECTION 32.233

That no title shall be conveyed to Georgia Power Company and, except as herein specifically234

granted to Georgia Power Company, all rights, title, and interest in and to said easement area235

is reserved in the State of Georgia, which may make any use of said easement area not236

inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia237

Power Company.238

SECTION 33.239

That if the State of Georgia, acting by and through its State Properties Commission,240

determines that any or all of the facilities placed on the easement area should be removed or241

relocated to an alternate site on state owned land in order to avoid interference with the state's242

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive243

easement to allow placement of the removed or relocated facilities across the alternate site244

Page 9: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 9 -

under such terms and conditions as the State Properties Commission shall in its discretion245

determine to be in the best interest of the State of Georgia, and Georgia Power Company246

shall remove or relocate its facilities to the alternate easement area at its sole cost and247

expense, unless the State Properties Commission determines that the requested removal or248

relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the249

State Properties Commission receives and approves, in advance of any construction being250

commenced, a written estimate for the cost of such removal and relocation. Upon written251

request from the grantee or any third party, the State Properties Commission, in its sole252

discretion, may grant a substantially equivalent nonexclusive easement within the property253

for the relocation of the facilities without cost, expense, or reimbursement from the State of254

Georgia.255

SECTION 34.256

That the easement granted to Georgia Power Company shall contain such other reasonable257

terms, conditions, and covenants as the State Properties Commission shall deem in the best258

interest of the State of Georgia and that the State Properties Commission is authorized to use259

a more accurate description of the easement area, so long as the description utilized by the260

State Properties Commission describes the same easement area herein granted.261

SECTION 35.262

That this resolution does not affect and is not intended to affect any rights, powers, interest,263

or liability of the Georgia Department of Transportation with respect to the state highway264

system, of a county with respect to the county road system, or of a municipality with respect265

to the city street system. The grantee shall obtain any and all other required permits from the266

appropriate governmental agencies as are necessary for its lawful use of the easement area267

or public highway right of way and comply with all applicable state and federal268

environmental statutes in its use of the easement area.269

SECTION 36.270

That, given the public purpose of the project, the consideration for such easement shall be271

$10.00 and such further consideration and provisions as the State Properties Commission272

may determine to be in the best interest of the State of Georgia.273

SECTION 37.274

That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb275

County and a recorded copy shall be forwarded to the State Properties Commission.276

Page 10: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 10 -

SECTION 38.277

That the authorization in this resolution to grant the above-described easement to Georgia278

Power Company shall expire three years after the date this resolution is enacted into law and279

approved by the State Properties Commission.280

SECTION 39.281

That the State Properties Commission is authorized and empowered to do all acts and things282

necessary and proper to effect the grant of the easement area.283

ARTICLE IV284

SECTION 40.285

That the State of Georgia is the owner of the hereinafter-described real property lying and286

being in the 20th G.M.D., Bryan County, Georgia, and that the property is in the custody of287

the Department of Natural Resources, which on December 3, 2013, approved a resolution for288

and does not object to the granting of this easement, hereinafter referred to as the easement289

area, and that, in all matters relating to the easement area, the State of Georgia is acting by290

and through its State Properties Commission.291

SECTION 41.292

That the State of Georgia, acting by and through its State Properties Commission, may grant293

to Comcast, or its successors and assigns, a nonexclusive easement area to construct294

underground fiber optic cable to the privately owned American Tower. Said easement area295

is located at the Richmond Hill Wildlife Management Area in Bryan County and is more296

particularly described as follows:297

That approximately 0.00851 acre, lying and being in the 20th G.M.D., Bryan County,298

Georgia, and that portion only as shown on a drawing furnished by the Department of299

Natural Resources, and being on file in the offices of the State Properties Commission,300

and may be more particularly described by a plat of survey prepared by a Georgia registered301

land surveyor and presented to the State Properties Commission for approval.302

SECTION 42.303

That the above-described premises shall be used solely for the purpose of installing,304

operating, and maintaining an underground fiber optic cable.305

Page 11: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 11 -

SECTION 43.306

That Comcast shall have the right to remove or cause to be removed from said easement area307

only such trees and bushes as may be reasonably necessary for the proper installation,308

operation, and maintenance of said fiber optic cable.309

SECTION 44.310

That after Comcast has put into use the fiber optic cable this easement is granted for, a311

subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia,312

or its successors and assigns, of all the rights, title, privileges, powers, and easement granted313

herein. Upon abandonment, Comcast, or its successors and assigns, shall have the option of314

removing its facilities from the easement area or leaving the same in place, in which event315

the fiber optic cable shall become the property of the State of Georgia, or its successors and316

assigns.317

SECTION 45.318

That no title shall be conveyed to Comcast and, except as herein specifically granted to319

Comcast, all rights, title, and interest in and to said easement area is reserved in the State of320

Georgia, which may make any use of said easement area not inconsistent with or detrimental321

to the rights, privileges, and interest granted to Comcast.322

SECTION 46.323

That if the State of Georgia, acting by and through its State Properties Commission,324

determines that any or all of the facilities placed on the easement area should be removed or325

relocated to an alternate site on state owned land in order to avoid interference with the state's326

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive327

easement to allow placement of the removed or relocated facilities across the alternate site328

under such terms and conditions as the State Properties Commission shall in its discretion329

determine to be in the best interest of the State of Georgia, and Comcast shall remove or330

relocate its facilities to the alternate easement area at its sole cost and expense, unless the331

State Properties Commission determines that the requested removal or relocation is to be for332

the sole benefit of the State of Georgia and grantee provides, and the State Properties333

Commission receives and approves, in advance of any construction being commenced, a334

written estimate for the cost of such removal and relocation. Upon written request from the335

grantee or any third party, the State Properties Commission, in its sole discretion, may grant336

a substantially equivalent nonexclusive easement within the property for the relocation of the337

facilities without cost, expense, or reimbursement from the State of Georgia.338

Page 12: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 12 -

SECTION 47.339

That the easement granted to Comcast shall contain such other reasonable terms, conditions,340

and covenants as the State Properties Commission shall deem in the best interest of the State341

of Georgia and that the State Properties Commission is authorized to use a more accurate342

description of the easement area, so long as the description utilized by the State Properties343

Commission describes the same easement area herein granted.344

SECTION 48.345

That this resolution does not affect and is not intended to affect any rights, powers, interest,346

or liability of the Georgia Department of Transportation with respect to the state highway347

system, of a county with respect to the county road system, or of a municipality with respect348

to the city street system. The grantee shall obtain any and all other required permits from the349

appropriate governmental agencies as are necessary for its lawful use of the easement area350

or public highway right of way and comply with all applicable state and federal351

environmental statutes in its use of the easement area.352

SECTION 49.353

That the consideration for such easement shall be for fair market value and such further354

consideration and provisions as the State Properties Commission may determine to be in the355

best interest of the State of Georgia.356

SECTION 50.357

That this grant of easement shall be recorded by the grantee in the Superior Court of Bryan358

County and a recorded copy shall be forwarded to the State Properties Commission.359

SECTION 51.360

That the authorization in this resolution to grant the above-described easement to Comcast361

shall expire three years after the date this resolution is enacted into law and approved by the362

State Properties Commission.363

SECTION 52.364

That the State Properties Commission is authorized and empowered to do all acts and things365

necessary and proper to effect the grant of the easement area.366

Page 13: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 13 -

ARTICLE V367

SECTION 53.368

That the State of Georgia is the owner of the hereinafter-described real property lying and369

being in Land Lots 57 and 58 of the 14th Land District, Fulton County, Georgia, and that the370

property is in the custody of the Department of Defense, which on April 10, 2013, stated in371

a letter to the State Properties Commission that the department does not object to the granting372

of this easement, hereinafter referred to as the easement area, and that, in all matters relating373

to the easement area, the State of Georgia is acting by and through its State Properties374

Commission.375

SECTION 54.376

That the State of Georgia, acting by and through its State Properties Commission, may grant377

to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for378

the installation, maintenance, and operation of an underground electrical power line to379

provide permanent power to the Atlanta Readiness Center. Said easement area is located at380

the Atlanta Readiness Center in Fulton County and is more particularly described as follows:381

That approximately 0.19 acre, and that portion only, situate lying and being in Land Lot382

57, 58 of the 14th Land District, Fulton County, Georgia, as shown on a drawing furnished383

by the Department of Defense, and being on file in the offices of the State Properties384

Commission,385

and may be more particularly described by a plat of survey prepared by a Georgia registered386

land surveyor and presented to the State Properties Commission for approval.387

SECTION 55.388

That the above-described premises shall be used solely for the purpose of installing,389

maintaining, and operating an underground electrical power line.390

SECTION 56.391

That Georgia Power Company shall have the right to remove or cause to be removed from392

said easement area only such trees and bushes as may be reasonably necessary for the393

installation, maintenance, and operation of an underground electrical power line.394

SECTION 57.395

That after Georgia Power Company has put into use the underground electrical power line396

this easement is granted for, a subsequent abandonment of the use thereof shall cause a397

reversion to the State of Georgia, or its successors and assigns, of all the rights, title,398

Page 14: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 14 -

privileges, powers, and easement granted herein. Upon abandonment, Georgia Power399

Company, or its successors and assigns, shall have the option of removing its facilities from400

the easement area or leaving the same in place, in which event the underground electrical401

power line shall become the property of the State of Georgia, or its successors and assigns.402

SECTION 58.403

That no title shall be conveyed to Georgia Power Company and, except as herein specifically404

granted to Georgia Power Company, all rights, title, and interest in and to said easement area405

is reserved in the State of Georgia, which may make any use of said easement area not406

inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia407

Power Company.408

SECTION 59.409

That if the State of Georgia, acting by and through its State Properties Commission,410

determines that any or all of the facilities placed on the easement area should be removed or411

relocated to an alternate site on state owned land in order to avoid interference with the state's412

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive413

easement to allow placement of the removed or relocated facilities across the alternate site414

under such terms and conditions as the State Properties Commission shall in its discretion415

determine to be in the best interest of the State of Georgia, and Georgia Power Company416

shall remove or relocate its facilities to the alternate easement area at its sole cost and417

expense, unless the State Properties Commission determines that the requested removal or418

relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the419

State Properties Commission receives and approves, in advance of any construction being420

commenced, a written estimate for the cost of such removal and relocation. Upon written421

request from grantee or any third party, the State Properties Commission, in its sole422

discretion, may grant a substantially equivalent nonexclusive easement within the property423

for the relocation of the facilities without cost, expense, or reimbursement from the State of424

Georgia.425

SECTION 60.426

That the easement granted to Georgia Power Company shall contain such other reasonable427

terms, conditions, and covenants as the State Properties Commission shall deem in the best428

interest of the State of Georgia and that the State Properties Commission is authorized to use429

a more accurate description of the easement area, so long as the description utilized by the430

State Properties Commission describes the same easement area herein granted.431

Page 15: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 15 -

SECTION 61.432

That this resolution does not affect and is not intended to affect any rights, powers, interest,433

or liability of the Georgia Department of Transportation with respect to the state highway434

system, of a county with respect to the county road system, or of a municipality with respect435

to the city street system. The grantee shall obtain any and all other required permits from the436

appropriate governmental agencies as are necessary for its lawful use of the easement area437

or public highway right of way and comply with all applicable state and federal438

environmental statutes in its use of the easement area.439

SECTION 62.440

That, given the public purpose of the project, the consideration for such easement shall be441

$10.00 and such further consideration and provisions as the State Properties Commission442

may determine to be in the best interest of the State of Georgia.443

SECTION 63.444

That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton445

County and a recorded copy shall be forwarded to the State Properties Commission.446

SECTION 64.447

That the authorization in this resolution to grant the above-described easement to Georgia448

Power Company shall expire three years after the date this resolution is enacted into law and449

approved by the State Properties Commission.450

SECTION 65.451

That the State Properties Commission is authorized and empowered to do all acts and things452

necessary and proper to effect the grant of the easement area.453

ARTICLE VI454

SECTION 66.455

That the State of Georgia is the owner of the hereinafter-described real property lying and456

being in Land Lots 57 and 58 of District 14, Fulton County, Georgia, and that the property457

is in the custody of the Department of Defense, which on June 10, 2013, stated in a letter to458

the State Properties Commission that the department does not object to the granting of this459

easement, hereinafter referred to as the easement area, and that, in all matters relating to the460

easement area, the State of Georgia is acting by and through its State Properties Commission.461

Page 16: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 16 -

SECTION 67.462

That the State of Georgia, acting by and through its State Properties Commission, may grant463

to the City of Atlanta, or its successors and assigns, a nonexclusive easement area for the464

installation, maintenance, and operation of a water meter to provide permanent water service465

to the Atlanta Readiness Center. Said easement area is located at the Atlanta Readiness466

Center on Selig Drive in Fulton County, and is more particularly described as follows:467

That approximately 0.0119 acre, and that portion only, situate lying and being in Land Lots468

57 and 58 of District 14, Fulton County, Georgia, as shown on a drawing furnished by the469

Department of Defense, and being on file in the offices of the State Properties Commission,470

and may be more particularly described by a plat of survey prepared by a Georgia registered471

land surveyor and presented to the State Properties Commission for approval.472

SECTION 68.473

That the above-described premises shall be used solely for the purpose of installing,474

maintaining, and operating a water meter.475

SECTION 69.476

That the City of Atlanta shall have the right to remove or cause to be removed from said477

easement area only such trees and bushes as may be reasonably necessary for the installation,478

maintenance, and operation of a water meter.479

SECTION 70.480

That after the City of Atlanta has put into use the water meter this easement is granted for,481

a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia,482

or its successors and assigns, of all the rights, title, privileges, powers, and easement granted483

herein. Upon abandonment, the City of Atlanta, or its successors and assigns, shall have the484

option of removing its facilities from the easement area or leaving the same in place, in485

which event the water meter shall become the property of the State of Georgia, or its486

successors and assigns.487

SECTION 71.488

That no title shall be conveyed to the City of Atlanta and, except as herein specifically489

granted to the City of Atlanta, all rights, title, and interest in and to said easement area is490

reserved in the State of Georgia, which may make any use of said easement area not491

inconsistent with or detrimental to the rights, privileges, and interest granted to the City of492

Atlanta.493

Page 17: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 17 -

SECTION 72.494

That if the State of Georgia, acting by and through its State Properties Commission,495

determines that any or all of the facilities placed on the easement area should be removed or496

relocated to an alternate site on state owned land in order to avoid interference with the state's497

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive498

easement to allow placement of the removed or relocated facilities across the alternate site499

under such terms and conditions as the State Properties Commission shall in its discretion500

determine to be in the best interest of the State of Georgia, and the City of Atlanta shall501

remove or relocate its facilities to the alternate easement area at its sole cost and expense,502

unless the State Properties Commission determines that the requested removal or relocation503

is to be for the sole benefit of the State of Georgia and grantee provides, and the State504

Properties Commission receives and approves, in advance of any construction being505

commenced, a written estimate for the cost of such removal and relocation. Upon written506

request from grantee or any third party, the State Properties Commission, in its sole507

discretion, may grant a substantially equivalent nonexclusive easement within the property508

for the relocation of the facilities without cost, expense, or reimbursement from the State of509

Georgia.510

SECTION 73.511

That the easement granted to the City of Atlanta shall contain such other reasonable terms,512

conditions, and covenants as the State Properties Commission shall deem in the best interest513

of the State of Georgia and that the State Properties Commission is authorized to use a more514

accurate description of the easement area, so long as the description utilized by the State515

Properties Commission describes the same easement area herein granted.516

SECTION 74.517

That this resolution does not affect and is not intended to affect any rights, powers, interest,518

or liability of the Georgia Department of Transportation with respect to the state highway519

system, of a county with respect to the county road system, or of a municipality with respect520

to the city street system. The grantee shall obtain any and all other required permits from the521

appropriate governmental agencies as are necessary for its lawful use of the easement area522

or public highway right of way and comply with all applicable state and federal523

environmental statutes in its use of the easement area.524

Page 18: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 18 -

SECTION 75.525

That, given the public purpose of the project, the consideration for such easement shall be526

$10.00 and such further consideration and provisions as the State Properties Commission527

may determine to be in the best interest of the State of Georgia.528

SECTION 76.529

That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton530

County and a recorded copy shall be forwarded to the State Properties Commission.531

SECTION 77.532

That the authorization in this resolution to grant the above-described easement to the City of533

Atlanta shall expire three years after the date this resolution is enacted into law and approved534

by the State Properties Commission.535

SECTION 78.536

That the State Properties Commission is authorized and empowered to do all acts and things537

necessary and proper to effect the grant of the easement area.538

ARTICLE VII539

SECTION 79.540

That the State of Georgia is the owner of the hereinafter-described real property lying and541

being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, and that the542

property is in the custody of the Department of Economic Development and managed by the543

Geo. L. Smith II Georgia World Congress Center Authority under that Management544

Agreement dated April 8, 1974, and which entities do not object to the granting of this545

nonexclusive easement, hereinafter referred to as the easement area, and that, in all matters546

relating to the easement area, the State of Georgia is acting by and through its State547

Properties Commission.548

SECTION 80.549

That the State of Georgia, acting by and through its State Properties Commission, may grant550

to TOJV, LLC, or its successors and assigns, a nonexclusive easement area for constructing,551

installing, maintaining, and operating the Omni Hotel Connector near CNN Center and552

adjoining the College Football Hall of Fame and the World Congress Center. Said easement553

area is located at the Georgia World Congress Center Plaza in Fulton County, Georgia, and554

is more particularly described as follows:555

Page 19: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 19 -

That approximately 0.043 of an acre and 24 feet high from the top of said Plaza as shown556

on a drawing prepared by TOJV, LLC, titled New Omni Connector, as last revised on557

September 12, 2013, and being on file in the offices of the State Properties Commission,558

and may be more particularly described by a plat of survey prepared by a Georgia registered559

land surveyor and presented to the State Properties Commission for approval.560

SECTION 81.561

That the above-described premises shall be used solely for the purpose of constructing,562

installing, maintaining, and operating said new Omni Hotel Connector.563

SECTION 82.564

TOJV, LLC, shall have the right to remove or cause to be removed from said easement area565

only such trees and bushes as may be reasonably necessary for the proper installation,566

operation, and maintenance of said Connector, as approved by the Geo. L. Smith II Georgia567

World Congress Center Authority.568

SECTION 83.569

That, after TOJV, LLC, has put into use the Omni Connector this nonexclusive easement is570

granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State571

of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and572

easement granted herein. Upon abandonment, TOJV, LLC, or its successors and assigns,573

shall have the option of removing its facilities from the easement area or leaving the same574

in place, in which event the Connector shall become the property of the State of Georgia, or575

its successors and assigns.576

SECTION 84.577

That no title shall be conveyed to TOJV, LLC, and, except as herein specifically granted to578

TOJV, LLC, all rights, title, and interest in and to said easement area is reserved in the State579

of Georgia, which may make any use of said easement area not inconsistent with or580

detrimental to the rights, privileges, and interest granted to TOJV, LLC.581

SECTION 85.582

That if the State of Georgia, acting by and through its State Properties Commission,583

determines that in order to avoid interference with the state's use or intended use of the584

easement area, the easement area should be relocated to an alternate site within the property,585

it may grant a substantially equivalent nonexclusive easement to an alternate site under such586

Page 20: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 20 -

terms and conditions as the State Properties Commission shall in its discretion determine to587

be in the best interest of the State of Georgia. The grantee shall remove or relocate its588

facilities to the alternate easement area at its sole cost and expense, unless the State589

Properties Commission determines that the requested removal or relocation is to be for the590

sole benefit of the State of Georgia and grantee provides, and the State Properties591

Commission receives and approves, in advance of any construction being commenced, a592

written estimate for the cost of such removal and relocation. Upon written request from the593

grantee or any third party, the State Properties Commission, in its sole discretion, may grant594

a substantially equivalent nonexclusive easement within the property for the relocation of the595

facilities without cost, expense, or reimbursement from the State of Georgia.596

SECTION 86.597

That the easement granted to TOJV, LLC, shall contain such other reasonable terms,598

conditions, and covenants as the State Properties Commission shall deem in the best interest599

of the State of Georgia and that the State Properties Commission is authorized to use a more600

accurate description of the easement area, so long as the description utilized by the State601

Properties Commission describes the same easement area herein granted.602

SECTION 87.603

That this resolution does not affect and is not intended to affect any rights, powers, interest,604

or liability of the Georgia Department of Transportation with respect to the state highway605

system, of a county with respect to the county road system, or of a municipality with respect606

to the city street system. The grantee shall obtain any and all other required permits from the607

appropriate governmental agencies as are necessary for its lawful use of the easement area608

or public highway right of way and comply with all applicable state and federal609

environmental statutes in its use of the easement area.610

SECTION 88.611

That the consideration for such easement shall be for fair market value, not less than612

$36,350.00, and such further consideration and provisions as the State Properties613

Commission may determine to be in the best interest of the State of Georgia.614

SECTION 89.615

That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton616

County and a recorded copy shall be forwarded to the State Properties Commission.617

Page 21: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 21 -

SECTION 90.618

That the authorization in this resolution to grant the above-described easement to TOJV,619

LLC, shall expire three years after the date this resolution is enacted into law and approved620

by the State Properties Commission.621

SECTION 91.622

That the State Properties Commission is authorized and empowered to do all acts and things623

necessary and proper to effect the grant of the easement area.624

ARTICLE VIII625

SECTION 92.626

That the State of Georgia is the owner of the hereinafter-described real property lying and627

being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, and that the628

property is in the custody of the State Properties Commission, which does not object to the629

granting of these nonexclusive temporary and permanent easements, hereinafter referred to630

as the easement area, and that, in all matters relating to the easement area, the State of631

Georgia is acting by and through its State Properties Commission.632

SECTION 93.633

That the State of Georgia, acting by and through its State Properties Commission, may grant634

to the Georgia Department of Transportation, or its successors and assigns, the nonexclusive635

temporary and permanent easement areas for constructing, installing, maintaining, and636

operating the Spring Street bridge replacement in downtown Atlanta637

[BHNLB-9037(16)FULTON, PI # 752086]. Said easements would be located on Western638

and Atlantic Railroad property in Fulton County, Georgia, and are more particularly639

described as follows:640

That approximately 4976.47 square foot temporary construction and permanent operating641

and maintenance easement on Parcel 14; that approximately 5558.0 square foot temporary642

construction and permanent operating and maintenance easement on Parcel 14B, including643

a permanent easement on the pier in parcel 14B; and that approximately 3736.78 square644

foot temporary access easement on Parcel 14A, as shown on an engineered drawing645

prepared by the Georgia Department of Transportation for said project, as last revised on646

June 18, 2013, and being on file in the offices of the State Properties Commission,647

and may be more particularly described by a plat of survey prepared by a Georgia registered648

land surveyor and presented to the State Properties Commission for approval.649

Page 22: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 22 -

SECTION 94.650

That the above-described premises shall be used solely for the purpose of constructing,651

installing, maintaining, and operating said Spring Street bridge replacement.652

SECTION 95.653

The Georgia Department of Transportation or its successors shall have the right to remove654

or cause to be removed from said easement area only such trees and bushes as may be655

reasonably necessary for the proper installation, operation, and maintenance of said bridge,656

as approved by the State Properties Commission.657

SECTION 96.658

That, after the Georgia Department of Transportation has put into use the Spring Street659

bridge which this nonexclusive easement is granted for, a subsequent abandonment of the use660

thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the661

rights, title, privileges, powers, and easement granted herein. Upon abandonment, the662

Georgia Department of Transportation, or its successors and assigns, shall have the option663

of removing its facilities from the easement area or leaving the same in place, in which event664

the bridge shall become the property of the State of Georgia, or its successors and assigns.665

SECTION 97.666

That no title shall be conveyed to the Georgia Department of Transportation and, except as667

herein specifically granted to the Georgia Department of Transportation all rights, title, and668

interest in and to said easement area is reserved in the State of Georgia, which may make any669

use of said easement area not inconsistent with or detrimental to the rights, privileges, and670

interest granted to the Georgia Department of Transportation.671

SECTION 98.672

That if the State of Georgia, acting by and through its State Properties Commission,673

determines that in order to avoid interference with the state's use or intended use of the674

easement area, the easement area should be relocated to an alternate site within the property,675

it may grant a substantially equivalent nonexclusive easement to an alternate site under such676

terms and conditions as the State Properties Commission shall in its discretion determine to677

be in the best interest of the State of Georgia. Specifically for the Spring Street pier that is678

proposed to be located in Parcel 14B, if the state determines that said pier or related679

structures interfere with the operation of the state's railroad or related transportation venues680

or facilities, the Georgia Department of Transportation or its successor shall remove or681

relocate its facilities to an alternate easement area approved by the State Properties682

Page 23: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 23 -

Commission at the grantee's sole cost and expense. The grantee shall provide, and the State683

Properties Commission receive and approve, in advance of any construction being684

commenced, a written estimate for the cost of such removal and relocation. In all other685

situations, the grantee shall remove or relocate its facilities to the alternate easement area at686

its sole cost and expense, unless the State Properties Commission determines that the687

requested removal or relocation is to be for the sole benefit of the State of Georgia and the688

grantee provides, and the State Properties Commission receives and approves, in advance of689

any construction being commenced, a written estimate for the cost of such removal and690

relocation. Upon written request from the grantee or any third party, the State Properties691

Commission, in its sole discretion, may grant a substantially equivalent nonexclusive692

easement within the property for the relocation of the facilities without cost, expense, or693

reimbursement from the State of Georgia.694

SECTION 99.695

That the easement granted to the Georgia Department of Transportation shall contain such696

other reasonable terms, conditions, and covenants as the State Properties Commission shall697

deem in the best interest of the State of Georgia and that the State Properties Commission is698

authorized to use a more accurate description of the easement area, so long as the description699

utilized by the State Properties Commission describes the same easement area herein granted.700

SECTION 100.701

That this resolution does not affect and is not intended to affect any rights, powers, interest,702

or liability of the Georgia Department of Transportation with respect to the state highway703

system, of a county with respect to the county road system, or of a municipality with respect704

to the city street system. The grantee shall obtain any and all other required permits from the705

appropriate governmental agencies as are necessary for its lawful use of the easement area706

or public highway right of way and comply with all applicable state and federal707

environmental statutes in its use of the easement area.708

SECTION 101.709

That the consideration for such easement shall be not less than $10.00 and such further710

consideration and provisions as the State Properties Commission may determine to be in the711

best interest of the State of Georgia.712

SECTION 102.713

That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton714

County and a recorded copy shall be forwarded to the State Properties Commission.715

Page 24: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 24 -

SECTION 103.716

That the authorization in this resolution to grant the above-described easements to the717

Georgia Department of Transportation shall expire three years after the date this resolution718

is enacted into law and approved by the State Properties Commission.719

SECTION 104.720

That the State Properties Commission is authorized and empowered to do all acts and things721

necessary and proper to effect the grant of the easement area.722

ARTICLE IX723

SECTION 105.724

That the State of Georgia is the owner of the hereinafter-described real property lying and725

being in Land Lots 124 and 125, 14th Land District, 3rd Section, Gordon County, Georgia,726

and that the property is in the custody of the Department of Natural Resources, which on727

May 23, 2012, approved a resolution for, and does not object to the granting of, this728

easement, hereinafter referred to as the easement area, and that, in all matters relating to the729

easement area, the State of Georgia is acting by and through its State Properties Commission.730

SECTION 106.731

That the State of Georgia, acting by and through its State Properties Commission, may grant732

to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive733

easement area for road widening of State Route 225 and bridge replacement at State Route734

225 and New Town Creek. Said easement area is located at the New Town Creek bridge735

over the Coosawattee River at New Echota Historic Site in Gordon County, and is more736

particularly described as follows:737

That approximately 7.92 acres, lying and being in Land Lots 124 and 125, 14th Land738

District, 3rd Section, Gordon County, Georgia, and that portion only as shown on a739

drawing furnished by the Georgia Department of Transportation, and being on file in the740

offices of the State Properties Commission,741

and may be more particularly described by a plat of survey prepared by a Georgia registered742

land surveyor and presented to the State Properties Commission for approval.743

SECTION 107.744

That the above-described premises shall be used solely for the purpose of road widening of745

State Route 225 and bridge replacement at State Route 225 and New Town Creek.746

Page 25: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 25 -

SECTION 108.747

That the Georgia Department of Transportation shall have the right to remove or cause to be748

removed from said easement area only such trees and bushes as may be reasonably necessary749

for the road widening and bridge replacement.750

SECTION 109.751

That after the Georgia Department of Transportation has put into use the road and bridge this752

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion753

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,754

powers, and easement granted herein. Upon abandonment, the Georgia Department of755

Transportation, or its successors and assigns, shall have the option of removing its facilities756

from the easement area or leaving the same in place, in which event the road and bridge shall757

become the property of the State of Georgia, or its successors and assigns.758

SECTION 110.759

That no title shall be conveyed to the Georgia Department of Transportation and, except as760

herein specifically granted to the Georgia Department of Transportation, all rights, title, and761

interest in and to said easement area is reserved in the State of Georgia, which may make any762

use of said easement area not inconsistent with or detrimental to the rights, privileges, and763

interest granted to the Georgia Department of Transportation.764

SECTION 111.765

That if the State of Georgia, acting by and through its State Properties Commission,766

determines that any or all of the facilities placed on the easement area should be removed or767

relocated to an alternate site on state owned land in order to avoid interference with the state's768

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive769

easement to allow placement of the removed or relocated facilities across the alternate site770

under such terms and conditions as the State Properties Commission shall in its discretion771

determine to be in the best interest of the State of Georgia, and the Georgia Department of772

Transportation shall remove or relocate its facilities to the alternate easement area at its sole773

cost and expense, unless the State Properties Commission determines that the requested774

removal or relocation is to be for the sole benefit of the State of Georgia and grantee775

provides, and the State Properties Commission receives and approves, in advance of any776

construction being commenced, a written estimate for the cost of such removal and777

relocation. Upon written request from the grantee or any third party, the State Properties778

Commission, in its sole discretion, may grant a substantially equivalent nonexclusive779

Page 26: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 26 -

easement within the property for the relocation of the facilities without cost, expense, or780

reimbursement from the State of Georgia.781

SECTION 112.782

That the easement granted to the Georgia Department of Transportation shall contain such783

other reasonable terms, conditions, and covenants as the State Properties Commission shall784

deem in the best interest of the State of Georgia and that the State Properties Commission is785

authorized to use a more accurate description of the easement area, so long as the description786

utilized by the State Properties Commission describes the same easement area herein granted.787

SECTION 113.788

That this resolution does not affect and is not intended to affect any rights, powers, interest,789

or liability of the Georgia Department of Transportation with respect to the state highway790

system, of a county with respect to the county road system, or of a municipality with respect791

to the city street system. The grantee shall obtain any and all other required permits from the792

appropriate governmental agencies as are necessary for its lawful use of the easement area793

or public highway right of way and comply with all applicable state and federal794

environmental statutes in its use of the easement area.795

SECTION 114.796

That given the public purpose of the project, the consideration for such easement shall be797

$10.00 and such further consideration and provisions as the State Properties Commission798

may determine to be in the best interest of the State of Georgia.799

SECTION 115.800

That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon801

County and a recorded copy shall be forwarded to the State Properties Commission.802

SECTION 116.803

That the authorization in this resolution to grant the above-described easement to the Georgia804

Department of Transportation shall expire three years after the date this resolution is enacted805

into law and approved by the State Properties Commission.806

SECTION 117.807

That the State Properties Commission is authorized and empowered to do all acts and things808

necessary and proper to effect the grant of the easement area.809

Page 27: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 27 -

ARTICLE X810

SECTION 118.811

That the State of Georgia is the owner of the hereinafter-described real property lying and812

being in Land Lot 65, 16th Land District, Jasper County, Georgia, and that the property is813

in the custody of the Technical College System of Georgia, which on September 5, 2013,814

approved a resolution for, and does not object to, the granting of this easement, hereinafter815

referred to as the easement area, and that, in all matters relating to the easement area, the816

State of Georgia is acting by and through its State Properties Commission.817

SECTION 119.818

That the State of Georgia, acting by and through its State Properties Commission, may grant819

to Central Georgia EMC, or its successors and assigns, a nonexclusive easement area for the820

installation, operation, and maintenance of an underground electrical transmission line and821

necessary equipment for the new Norton Packaging plant site. Said easement area is located822

at the Southern Crescent Technical College in Jasper County, and is more particularly823

described as follows:824

That approximately 0.399 acre, and that portion only, situate lying and being in Land Lot825

65 of the 16th Land District of Jasper County, Georgia, as shown on a drawing furnished826

by the Technical College System of Georgia, and being on file in the offices of the State827

Properties Commission,828

and may be more particularly described by a plat of survey prepared by a Georgia registered829

land surveyor and presented to the State Properties Commission for approval.830

SECTION 120.831

That the above-described premises shall be used solely for the purpose of the installation,832

operation, and maintenance of an underground electrical transmission line and necessary833

equipment.834

SECTION 121.835

That Central Georgia EMC shall have the right to remove or cause to be removed from said836

easement area only such trees and bushes as may be reasonably necessary for the installation,837

operation, and maintenance of an underground electrical transmission line and necessary838

equipment.839

Page 28: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 28 -

SECTION 122.840

That after Central Georgia EMC has put into use the electrical transmission line and841

necessary equipment this easement is granted for, a subsequent abandonment of the use842

thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the843

rights, title, privileges, powers, and easement granted herein. Upon abandonment, Central844

Georgia EMC, or its successors and assigns, shall have the option of removing its facilities845

from the easement area or leaving the same in place, in which event the electrical846

transmission line and necessary equipment shall become the property of the State of Georgia,847

or its successors and assigns.848

SECTION 123.849

That no title shall be conveyed to Central Georgia EMC and, except as herein specifically850

granted to Central Georgia EMC, all rights, title, and interest in and to said easement area is851

reserved in the State of Georgia, which may make any use of said easement area not852

inconsistent with or detrimental to the rights, privileges, and interest granted to Central853

Georgia EMC.854

SECTION 124.855

That if the State of Georgia, acting by and through its State Properties Commission,856

determines that any or all of the facilities placed on the easement area should be removed or857

relocated to an alternate site on state owned land in order to avoid interference with the state's858

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive859

easement to allow placement of the removed or relocated facilities across the alternate site860

under such terms and conditions as the State Properties Commission shall in its discretion861

determine to be in the best interest of the State of Georgia, and Central Georgia EMC shall862

remove or relocate its facilities to the alternate easement area at its sole cost and expense,863

unless the State Properties Commission determines that the requested removal or relocation864

is to be for the sole benefit of the State of Georgia and grantee provides, and the State865

Properties Commission receives and approves, in advance of any construction being866

commenced, a written estimate for the cost of such removal and relocation. Upon written867

request from the grantee or any third party, the State Properties Commission, in its sole868

discretion, may grant a substantially equivalent nonexclusive easement within the property869

for the relocation of the facilities without cost, expense, or reimbursement from the State of870

Georgia.871

Page 29: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 29 -

SECTION 125.872

That the easement granted to Central Georgia EMC shall contain such other reasonable873

terms, conditions, and covenants as the State Properties Commission shall deem in the best874

interest of the State of Georgia and that the State Properties Commission is authorized to use875

a more accurate description of the easement area, so long as the description utilized by the876

State Properties Commission describes the same easement area herein granted.877

SECTION 126.878

That this resolution does not affect and is not intended to affect any rights, powers, interest,879

or liability of the Georgia Department of Transportation with respect to the state highway880

system, of a county with respect to the county road system, or of a municipality with respect881

to the city street system. The grantee shall obtain any and all other required permits from the882

appropriate governmental agencies as are necessary for its lawful use of the easement area883

or public highway right of way and comply with all applicable state and federal884

environmental statutes in its use of the easement area.885

SECTION 127.886

That the consideration for such easement shall be for $650.00 and such further consideration887

and provisions as the State Properties Commission may determine to be in the best interest888

of the State of Georgia.889

SECTION 128.890

That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper891

County and a recorded copy shall be forwarded to the State Properties Commission.892

SECTION 129.893

That the authorization in this resolution to grant the above-described easement to Central894

Georgia EMC shall expire three years after the date this resolution is enacted into law and895

approved by the State Properties Commission.896

SECTION 130.897

That the State Properties Commission is authorized and empowered to do all acts and things898

necessary and proper to effect the grant of the easement area.899

Page 30: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 30 -

ARTICLE XI900

SECTION 131.901

That the State of Georgia is the owner of the hereinafter-described real property lying and902

being in Land Lot 68, 1st Land District, Laurens County, Georgia, and that the property is903

in the custody of the Technical College System of Georgia, which on June 6, 2013, approved904

a resolution for, and does not object to, the granting of this easement, hereinafter referred to905

as the easement area, and that, in all matters relating to the easement area, the State of906

Georgia is acting by and through its State Properties Commission.907

SECTION 132.908

That the State of Georgia, acting by and through its State Properties Commission, may grant909

to the City of Dublin, Georgia, or its successors and assigns, a nonexclusive easement area910

for the relocation and installation of a natural gas regulator station. Said easement area is911

located at the Oconee Fall Line Technical College in Laurens County, and is more912

particularly described as follows:913

That approximately 0.01 acre, and that portion only, situate lying and being in Land Lot914

68 of the 1st Land District of Laurens County, Georgia, as shown on a drawing furnished915

by the Technical College System of Georgia, and being on file in the offices of the State916

Properties Commission,917

and may be more particularly described by a plat of survey prepared by a Georgia registered918

land surveyor and presented to the State Properties Commission for approval.919

SECTION 133.920

That the above-described premises shall be used solely for the purpose of the relocation and921

installation of a natural gas regulator station.922

SECTION 134.923

That the City of Dublin, Georgia, shall have the right to remove or cause to be removed from924

said easement area only such trees and bushes as may be reasonably necessary for the925

relocation and installation of a natural gas regulator station.926

SECTION 135.927

That, after the City of Dublin, Georgia, has put into use the natural gas regulator station this928

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion929

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,930

powers, and easement granted herein. Upon abandonment, the City of Dublin, Georgia, or931

Page 31: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 31 -

its successors and assigns, shall have the option of removing its facilities from the easement932

area or leaving the same in place, in which event the natural gas regulator station shall933

become the property of the State of Georgia, or its successors and assigns.934

SECTION 136.935

That no title shall be conveyed to the City of Dublin, Georgia, and except as herein936

specifically granted to the City of Dublin, Georgia, all rights, title, and interest in and to said937

easement area is reserved in the State of Georgia, which may make any use of said easement938

area not inconsistent with or detrimental to the rights, privileges, and interest granted to the939

City of Dublin, Georgia.940

SECTION 137.941

That if the State of Georgia, acting by and through its State Properties Commission,942

determines that any or all of the facilities placed on the easement area should be removed or943

relocated to an alternate site on state owned land in order to avoid interference with the state's944

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive945

easement to allow placement of the removed or relocated facilities across the alternate site946

under such terms and conditions as the State Properties Commission shall in its discretion947

determine to be in the best interest of the State of Georgia, and the City of Dublin, Georgia,948

shall remove or relocate its facilities to the alternate easement area at its sole cost and949

expense, unless the State Properties Commission determines that the requested removal or950

relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the951

State Properties Commission receives and approves, in advance of any construction being952

commenced, a written estimate for the cost of such removal and relocation. Upon written953

request from the grantee or any third party, the State Properties Commission, in its sole954

discretion, may grant a substantially equivalent nonexclusive easement within the property955

for the relocation of the facilities without cost, expense, or reimbursement from the State of956

Georgia.957

SECTION 138.958

That the easement granted to the City of Dublin, Georgia, shall contain such other reasonable959

terms, conditions, and covenants as the State Properties Commission shall deem in the best960

interest of the State of Georgia and that the State Properties Commission is authorized to use961

a more accurate description of the easement area, so long as the description utilized by the962

State Properties Commission describes the same easement area herein granted.963

Page 32: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 32 -

SECTION 139.964

That this resolution does not affect and is not intended to affect any rights, powers, interest,965

or liability of the Georgia Department of Transportation with respect to the state highway966

system, of a county with respect to the county road system, or of a municipality with respect967

to the city street system. The grantee shall obtain any and all other required permits from the968

appropriate governmental agencies as are necessary for its lawful use of the easement area969

or public highway right of way and comply with all applicable state and federal970

environmental statutes in its use of the easement area.971

SECTION 140.972

That the consideration for such easement shall be $10.00 and such further consideration and973

provisions as the State Properties Commission may determine to be in the best interest of the974

State of Georgia.975

SECTION 141.976

That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens977

County and a recorded copy shall be forwarded to the State Properties Commission.978

SECTION 142.979

That the authorization in this resolution to grant the above-described easement to the City of980

Dublin, Georgia, shall expire three years after the date this resolution is enacted into law and981

approved by the State Properties Commission.982

SECTION 143.983

That the State Properties Commission is authorized and empowered to do all acts and things984

necessary and proper to effect the grant of the easement area.985

ARTICLE XII986

SECTION 144.987

That the State of Georgia is the owner of the hereinafter-described real property lying and988

being in the 1312th G.M. District, McIntosh County, Georgia, and that the property is in the989

custody of the Department of Natural Resources, which on June 25, 2013, approved a990

resolution for, and does not object to, the granting of this easement, hereinafter referred to991

as the easement area, and that, in all matters relating to the easement area, the State of992

Georgia is acting by and through its State Properties Commission.993

Page 33: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 33 -

SECTION 145.994

That the State of Georgia, acting by and through its State Properties Commission, may grant995

to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for996

the installation, maintenance, and operation of an underground electrical power line to997

service the trash compactor at Sapelo Island WMA. Said easement area is located at the998

Sapelo Island WMA in McIntosh County, and is more particularly described as follows:999

That approximately 0.72 acre, and that portion only, situate lying and being in the 1312th1000

G.M. District of McIntosh County, Georgia, as shown on a drawing furnished by the1001

Department of Natural Resources, and being on file in the offices of the State Properties1002

Commission,1003

and may be more particularly described by a plat of survey prepared by a Georgia registered1004

land surveyor and presented to the State Properties Commission for approval.1005

SECTION 146.1006

That the above-described premises shall be used solely for the purpose of installing,1007

maintaining, and operating an underground electrical power line.1008

SECTION 147.1009

That Georgia Power Company shall have the right to remove or cause to be removed from1010

said easement area only such trees and bushes as may be reasonably necessary for the1011

installation, maintenance, and operation of an underground electrical power line.1012

SECTION 148.1013

That after Georgia Power Company has put into use the underground electrical power line1014

this easement is granted for, a subsequent abandonment of the use thereof shall cause a1015

reversion to the State of Georgia, or its successors and assigns, of all the rights, title,1016

privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power1017

Company, or its successors and assigns, shall have the option of removing its facilities from1018

the easement area or leaving the same in place, in which event the underground electrical1019

power line shall become the property of the State of Georgia, or its successors and assigns.1020

SECTION 149.1021

That no title shall be conveyed to Georgia Power Company and, except as herein specifically1022

granted to Georgia Power Company, all rights, title, and interest in and to said easement area1023

is reserved in the State of Georgia, which may make any use of said easement area not1024

inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia1025

Power Company.1026

Page 34: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 34 -

SECTION 150.1027

That if the State of Georgia, acting by and through its State Properties Commission,1028

determines that any or all of the facilities placed on the easement area should be removed or1029

relocated to an alternate site on state owned land in order to avoid interference with the state's1030

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1031

easement to allow placement of the removed or relocated facilities across the alternate site1032

under such terms and conditions as the State Properties Commission shall in its discretion1033

determine to be in the best interest of the State of Georgia, and Georgia Power Company1034

shall remove or relocate its facilities to the alternate easement area at its sole cost and1035

expense, unless the State Properties Commission determines that the requested removal or1036

relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the1037

State Properties Commission receives and approves, in advance of any construction being1038

commenced, a written estimate for the cost of such removal and relocation. Upon written1039

request from the grantee or any third party, the State Properties Commission, in its sole1040

discretion, may grant a substantially equivalent nonexclusive easement within the property1041

for the relocation of the facilities without cost, expense, or reimbursement from the State of1042

Georgia.1043

SECTION 151.1044

That the easement granted to Georgia Power Company shall contain such other reasonable1045

terms, conditions, and covenants as the State Properties Commission shall deem in the best1046

interest of the State of Georgia and that the State Properties Commission is authorized to use1047

a more accurate description of the easement area, so long as the description utilized by the1048

State Properties Commission describes the same easement area herein granted.1049

SECTION 152.1050

That this resolution does not affect and is not intended to affect any rights, powers, interest,1051

or liability of the Georgia Department of Transportation with respect to the state highway1052

system, of a county with respect to the county road system, or of a municipality with respect1053

to the city street system. The grantee shall obtain any and all other required permits from the1054

appropriate governmental agencies as are necessary for its lawful use of the easement area1055

or public highway right of way and comply with all applicable state and federal1056

environmental statutes in its use of the easement area.1057

Page 35: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 35 -

SECTION 153.1058

That, given the public purpose of the project, the consideration for such easement shall be1059

$10.00 and such further consideration and provisions as the State Properties Commission1060

may determine to be in the best interest of the State of Georgia.1061

SECTION 154.1062

That this grant of easement shall be recorded by the grantee in the Superior Court of1063

McIntosh County and a recorded copy shall be forwarded to the State Properties1064

Commission.1065

SECTION 155.1066

That the authorization in this resolution to grant the above-described easement to Georgia1067

Power Company shall expire three years after the date this resolution is enacted into law and1068

approved by the State Properties Commission.1069

SECTION 156.1070

That the State Properties Commission is authorized and empowered to do all acts and things1071

necessary and proper to effect the grant of the easement area.1072

ARTICLE XIII1073

SECTION 157.1074

That the State of Georgia is the owner of the hereinafter-described real property lying and1075

being in Land Lot 138 of District 6, Monroe County, Georgia, and that the property is in the1076

custody of the Department of Defense, which on June 10, 2013, stated in a letter to the State1077

Properties Commission that the department does not object to the granting of this easement,1078

hereinafter referred to as the easement area, and that, in all matters relating to the easement1079

area, the State of Georgia is acting by and through its State Properties Commission.1080

SECTION 158.1081

That the State of Georgia, acting by and through its State Properties Commission, may grant1082

to the City of Forsyth, or its successors and assigns, a nonexclusive easement area for the1083

installation, maintenance, and operation of a conduit to provide permanent electric service1084

to the Forsyth Readiness Center. Said easement area is located at the Forsyth DLOG1085

Readiness Center at 443 Ensign Road in Monroe County, and is more particularly described1086

as follows:1087

Page 36: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 36 -

That approximately 0.18 acre, and that portion only, situate lying and being in Land Lot1088

138 of District 6, Monroe County, Georgia, as shown on a drawing furnished by the1089

Department of Defense, and being on file in the offices of the State Properties Commission,1090

and may be more particularly described by a plat of survey prepared by a Georgia registered1091

land surveyor and presented to the State Properties Commission for approval.1092

SECTION 159.1093

That the above-described premises shall be used solely for the purpose of installing,1094

maintaining, and operating a conduit for permanent power.1095

SECTION 160.1096

That the City of Forsyth shall have the right to remove or cause to be removed from said1097

easement area only such trees and bushes as may be reasonably necessary for the installation,1098

maintenance, and operation of a conduit for permanent power.1099

SECTION 161.1100

That after the City of Forsyth has put into use the conduit this easement is granted for, a1101

subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia,1102

or its successors and assigns, of all the rights, title, privileges, powers, and easement granted1103

herein. Upon abandonment, the City of Forsyth, or its successors and assigns, shall have the1104

option of removing its facilities from the easement area or leaving the same in place, in1105

which event the conduit shall become the property of the State of Georgia, or its successors1106

and assigns.1107

SECTION 162.1108

That no title shall be conveyed to the City of Forsyth and, except as herein specifically1109

granted to the City of Forsyth, all rights, title, and interest in and to said easement area is1110

reserved in the State of Georgia, which may make any use of said easement area not1111

inconsistent with or detrimental to the rights, privileges, and interest granted to the City of1112

Forsyth.1113

SECTION 163.1114

That if the State of Georgia, acting by and through its State Properties Commission,1115

determines that any or all of the facilities placed on the easement area should be removed or1116

relocated to an alternate site on state owned land in order to avoid interference with the state's1117

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1118

easement to allow placement of the removed or relocated facilities across the alternate site1119

Page 37: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 37 -

under such terms and conditions as the State Properties Commission shall in its discretion1120

determine to be in the best interest of the State of Georgia, and the City of Forsyth shall1121

remove or relocate its facilities to the alternate easement area at its sole cost and expense,1122

unless the State Properties Commission determines that the requested removal or relocation1123

is to be for the sole benefit of the State of Georgia and grantee provides, and the State1124

Properties Commission receives and approves, in advance of any construction being1125

commenced, a written estimate for the cost of such removal and relocation. Upon written1126

request from the grantee or any third party, the State Properties Commission, in its sole1127

discretion, may grant a substantially equivalent nonexclusive easement within the property1128

for the relocation of the facilities without cost, expense, or reimbursement from the State of1129

Georgia.1130

SECTION 164.1131

That the easement granted to the City of Forsyth shall contain such other reasonable terms,1132

conditions, and covenants as the State Properties Commission shall deem in the best interest1133

of the State of Georgia and that the State Properties Commission is authorized to use a more1134

accurate description of the easement area, so long as the description utilized by the State1135

Properties Commission describes the same easement area herein granted.1136

SECTION 165.1137

That this resolution does not affect and is not intended to affect any rights, powers, interest,1138

or liability of the Georgia Department of Transportation with respect to the state highway1139

system, of a county with respect to the county road system, or of a municipality with respect1140

to the city street system. The grantee shall obtain any and all other required permits from the1141

appropriate governmental agencies as are necessary for its lawful use of the easement area1142

or public highway right of way and comply with all applicable state and federal1143

environmental statutes in its use of the easement area.1144

SECTION 166.1145

That, given the public purpose of the project, the consideration for such easement shall be1146

$10.00 and such further consideration and provisions as the State Properties Commission1147

may determine to be in the best interest of the State of Georgia.1148

SECTION 167.1149

That this grant of easement shall be recorded by the grantee in the Superior Court of Monroe1150

County and a recorded copy shall be forwarded to the State Properties Commission.1151

Page 38: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 38 -

SECTION 168.1152

That the authorization in this resolution to grant the above-described easement to the City of1153

Forsyth shall expire three years after the date this resolution is enacted into law and approved1154

by the State Properties Commission.1155

SECTION 169.1156

That the State Properties Commission is authorized and empowered to do all acts and things1157

necessary and proper to effect the grant of the easement area.1158

ARTICLE XIV1159

SECTION 170.1160

That the State of Georgia is the owner of the hereinafter-described real property lying and1161

being in Land Lots 182 and 183 of District 6, GMD 480, Monroe County, Georgia, and that1162

the property is in the custody of the Department of Corrections, which on September 5, 2013,1163

stated in a letter to the State Properties Commission that the department does not object to1164

the granting of this easement, hereinafter referred to as the easement area, and that, in all1165

matters relating to the easement area, the State of Georgia is acting by and through its State1166

Properties Commission.1167

SECTION 171.1168

That the State of Georgia, acting by and through its State Properties Commission, may grant1169

to the City of Forsyth, or its successors and assigns, a nonexclusive easement area for its1170

project to enhance and improve Railroad Avenue. Said easement area is located at the1171

Department of Corrections headquarters at State Offices South at Tift College, 300 Patrol1172

Road in Forsyth, Monroe County, and is more particularly described as follows:1173

That approximately 0.060 acre, and that portion only, situate lying and being in Land Lots1174

182 and 183 of District 6, GMD 480, Monroe County, Georgia, as shown on a drawing1175

furnished by the Department of Corrections, and being on file in the offices of the State1176

Properties Commission,1177

and may be more particularly described by a plat of survey prepared by a Georgia registered1178

land surveyor and presented to the State Properties Commission for approval.1179

SECTION 172.1180

That the above-described premises shall be used solely for the purpose of the City of1181

Forsyth's project to enhance and improve Railroad Avenue.1182

Page 39: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 39 -

SECTION 173.1183

That the City of Forsyth shall have the right to remove or cause to be removed from said1184

easement area only such trees and bushes as may be reasonably necessary for the City of1185

Forsyth's project to enhance and improve Railroad Avenue.1186

SECTION 174.1187

That after the City of Forsyth has completed its project to enhance and improve Railroad1188

Avenue that this easement is granted for, a subsequent abandonment of the use thereof shall1189

cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title,1190

privileges, powers, and easement granted herein. Upon abandonment, the City of Forsyth,1191

or its successors and assigns, shall have the option of removing its facilities from the1192

easement area or leaving the same in place, in which event the Railroad Avenue1193

improvements shall become the property of the State of Georgia, or its successors and1194

assigns.1195

SECTION 175.1196

That no title shall be conveyed to the City of Forsyth and, except as herein specifically1197

granted to the City of Forsyth, all rights, title, and interest in and to said easement area is1198

reserved in the State of Georgia, which may make any use of said easement area not1199

inconsistent with or detrimental to the rights, privileges, and interest granted to the City of1200

Forsyth.1201

SECTION 176.1202

That if the State of Georgia, acting by and through its State Properties Commission,1203

determines that any or all of the facilities placed on the easement area should be removed or1204

relocated to an alternate site on state owned land in order to avoid interference with the state's1205

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1206

easement to allow placement of the removed or relocated facilities across the alternate site1207

under such terms and conditions as the State Properties Commission shall in its discretion1208

determine to be in the best interest of the State of Georgia, and the City of Forsyth shall1209

remove or relocate its facilities to the alternate easement area at its sole cost and expense,1210

unless the State Properties Commission determines that the requested removal or relocation1211

is to be for the sole benefit of the State of Georgia and grantee provides, and the State1212

Properties Commission receives and approves, in advance of any construction being1213

commenced, a written estimate for the cost of such removal and relocation. Upon written1214

request from the grantee or any third party, the State Properties Commission, in its sole1215

discretion, may grant a substantially equivalent nonexclusive easement within the property1216

Page 40: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 40 -

for the relocation of the facilities without cost, expense, or reimbursement from the State of1217

Georgia.1218

SECTION 177.1219

That the easement granted to the City of Forsyth shall contain such other reasonable terms,1220

conditions, and covenants as the State Properties Commission shall deem in the best interest1221

of the State of Georgia and that the State Properties Commission is authorized to use a more1222

accurate description of the easement area, so long as the description utilized by the State1223

Properties Commission describes the same easement area herein granted.1224

SECTION 178.1225

That this resolution does not affect and is not intended to affect any rights, powers, interest,1226

or liability of the Georgia Department of Transportation with respect to the state highway1227

system, of a county with respect to the county road system, or of a municipality with respect1228

to the city street system. The grantee shall obtain any and all other required permits from the1229

appropriate governmental agencies as are necessary for its lawful use of the easement area1230

or public highway right of way and comply with all applicable state and federal1231

environmental statutes in its use of the easement area.1232

SECTION 179.1233

That, given the public purpose of the project, the consideration for such easement shall be1234

$10.00 and such further consideration and provisions as the State Properties Commission1235

may determine to be in the best interest of the State of Georgia.1236

SECTION 180.1237

That this grant of easement shall be recorded by the grantee in the Superior Court of Monroe1238

County and a recorded copy shall be forwarded to the State Properties Commission.1239

SECTION 181.1240

That the authorization in this resolution to grant the above-described easement to the City of1241

Forsyth shall expire three years after the date this resolution is enacted into law and approved1242

by the State Properties Commission.1243

SECTION 182.1244

That the State Properties Commission is authorized and empowered to do all acts and things1245

necessary and proper to effect the grant of the easement area.1246

Page 41: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 41 -

ARTICLE XV1247

SECTION 183.1248

That the State of Georgia is the owner of the hereinafter-described real property lying and1249

being in the Land Lots 618 and 619, 2nd Land District, 43rd G.M.D., Toombs County,1250

Georgia, and that the property is in the custody of the Department of Natural Resources,1251

which on October 24, 2012, approved a resolution for, and does not object to, the granting1252

of this easement, hereinafter referred to as the easement area, and that, in all matters relating1253

to the easement area, the State of Georgia is acting by and through its State Properties1254

Commission.1255

SECTION 184.1256

That the State of Georgia, acting by and through its State Properties Commission, may grant1257

to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive1258

easement area for a bridge replacement and realignment on SR4/US1 at the Altamaha River,1259

Overflow, and Williams Creek associated with Project No. BR000-0001-00(216) Toombs1260

County, GDOT PI# 0001216. Said easement area is located in the Altamaha River,1261

Overflow, and Williams Creek, Toombs County, and is more particularly described as1262

follows:1263

That approximately 0.190 acre, lying and being in Land Lots 618 and 619, 2nd Land1264

District, 43rd G.M.D., Toombs County, Georgia, as shown highlighted in orange on that1265

drawing prepared by Heath & Lineback Engineers Incorporated and being Job Title1266

"Department of Transportation; State of Georgia, Right of Way of Proposed1267

US1/SR4/SR15 Bridge Replacement Over Altamaha River, Overflow, and Williams Creek,1268

Appling and Toombs Counties; Federal Aid Project No. BR000-0001-00(216)," and being1269

on file in the offices of the State Properties Commission,1270

and may be more particularly described by a plat of survey prepared by a Georgia registered1271

land surveyor and presented to the State Properties Commission for approval.1272

SECTION 185.1273

That the above-described premises shall be used solely for the purpose of constructing,1274

maintaining, and operating said bridge and road.1275

SECTION 186.1276

That the Georgia Department of Transportation shall have the right to remove or cause to be1277

removed from said easement area only such trees and bushes as may be reasonably necessary1278

for the proper construction, operation, and maintenance of said bridge and road.1279

Page 42: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 42 -

SECTION 187.1280

That after the Georgia Department of Transportation has put into use the bridge and road this1281

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion1282

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,1283

powers, and easement granted herein. Upon abandonment, the Georgia Department of1284

Transportation, or its successors and assigns, shall have the option of removing its facilities1285

from the easement area or leaving the same in place, in which event the bridge and road shall1286

become the property of the State of Georgia, or its successors and assigns.1287

SECTION 188.1288

That no title shall be conveyed to the Georgia Department of Transportation and, except as1289

herein specifically granted to the Georgia Department of Transportation, all rights, title, and1290

interest in and to said easement area is reserved in the State of Georgia, which may make any1291

use of said easement area not inconsistent with or detrimental to the rights, privileges, and1292

interest granted to the Georgia Department of Transportation.1293

SECTION 189.1294

That if the State of Georgia, acting by and through its State Properties Commission,1295

determines that any or all of the facilities placed on the easement area should be removed or1296

relocated to an alternate site on state owned land in order to avoid interference with the state's1297

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1298

easement to allow placement of the removed or relocated facilities across the alternate site1299

under such terms and conditions as the State Properties Commission shall in its discretion1300

determine to be in the best interest of the State of Georgia, and the Georgia Department of1301

Transportation shall remove or relocate its facilities to the alternate easement area at its sole1302

cost and expense, unless the State Properties Commission determines that the requested1303

removal or relocation is to be for the sole benefit of the State of Georgia and grantee1304

provides, and the State Properties Commission receives and approves, in advance of any1305

construction being commenced, a written estimate for the cost of such removal and1306

relocation. Upon written request from grantee or any third party, the State Properties1307

Commission, in its sole discretion, may grant a substantially equivalent nonexclusive1308

easement within the property for the relocation of the facilities without cost, expense, or1309

reimbursement from the State of Georgia.1310

SECTION 190.1311

That the easement granted to the Georgia Department of Transportation shall contain such1312

other reasonable terms, conditions, and covenants as the State Properties Commission shall1313

Page 43: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 43 -

deem in the best interest of the State of Georgia and that the State Properties Commission is1314

authorized to use a more accurate description of the easement area, so long as the description1315

utilized by the State Properties Commission describes the same easement area herein granted.1316

SECTION 191.1317

That this resolution does not affect and is not intended to affect any rights, powers, interest,1318

or liability of the Georgia Department of Transportation with respect to the state highway1319

system, of a county with respect to the county road system, or of a municipality with respect1320

to the city street system. The grantee shall obtain any and all other required permits from the1321

appropriate governmental agencies as are necessary for its lawful use of the easement area1322

or public highway right of way and comply with all applicable state and federal1323

environmental statutes in its use of the easement area.1324

SECTION 192.1325

That the consideration for such easement shall be $10.00 and such further consideration and1326

provisions as the State Properties Commission may determine to be in the best interest of the1327

State of Georgia.1328

SECTION 193.1329

That this grant of easement shall be recorded by the grantee in the Superior Court of Toombs1330

County and a recorded copy shall be forwarded to the State Properties Commission.1331

SECTION 194.1332

That the authorization in this resolution to grant the above-described easement to the Georgia1333

Department of Transportation shall expire three years after the date this resolution is enacted1334

into law and approved by the State Properties Commission.1335

SECTION 195.1336

That the State Properties Commission is authorized and empowered to do all acts and things1337

necessary and proper to effect the grant of the easement area.1338

ARTICLE XVI1339

SECTION 196.1340

That the State of Georgia is the owner of the hereinafter-described real property lying and1341

being in Land Lot 222, District 5, Troup County, Georgia, and that the property is in the1342

custody of the Department of Economic Development, which on November 19, 2013, stated1343

Page 44: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 44 -

in a letter to the State Properties Commission that the department does not object to the1344

granting of this easement, hereinafter referred to as the easement area, and that, in all matters1345

relating to the easement area, the State of Georgia is acting by and through its State1346

Properties Commission.1347

SECTION 197.1348

That the State of Georgia, acting by and through its State Properties Commission, may grant1349

to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for1350

the installation, maintenance, and operation of an underground electrical power line to1351

provide permanent power to the Hyundai Dymos plant. Said easement area is located at the1352

Hyundai Dymos plant in Troup County, and is more particularly described as follows:1353

That approximately 0.238 acre, and that portion only, situate lying and being in Land Lot1354

222, District 5, Troup County, Georgia, as shown on a drawing furnished by the1355

Department of Economic Development, and being on file in the offices of the State1356

Properties Commission,1357

and may be more particularly described by a plat of survey prepared by a Georgia registered1358

land surveyor and presented to the State Properties Commission for approval.1359

SECTION 198.1360

That the above-described premises shall be used solely for the purpose of installing,1361

maintaining, and operating an underground electrical power line.1362

SECTION 199.1363

That Georgia Power Company shall have the right to remove or cause to be removed from1364

said easement area only such trees and bushes as may be reasonably necessary for the1365

installation, maintenance, and operation of an underground electrical power line.1366

SECTION 200.1367

That after Georgia Power Company has put into use the underground electrical power line1368

this easement is granted for, a subsequent abandonment of the use thereof shall cause a1369

reversion to the State of Georgia, or its successors and assigns, of all the rights, title,1370

privileges, powers, and easement granted herein. Upon abandonment, Georgia Power1371

Company, or its successors and assigns, shall have the option of removing its facilities from1372

the easement area or leaving the same in place, in which event the underground electrical1373

power line shall become the property of the State of Georgia, or its successors and assigns.1374

Page 45: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 45 -

SECTION 201.1375

That no title shall be conveyed to Georgia Power Company and, except as herein specifically1376

granted to Georgia Power Company, all rights, title, and interest in and to said easement area1377

is reserved in the State of Georgia, which may make any use of said easement area not1378

inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia1379

Power Company.1380

SECTION 202.1381

That if the State of Georgia, acting by and through its State Properties Commission,1382

determines that any or all of the facilities placed on the easement area should be removed or1383

relocated to an alternate site on state owned land in order to avoid interference with the state's1384

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1385

easement to allow placement of the removed or relocated facilities across the alternate site1386

under such terms and conditions as the State Properties Commission shall in its discretion1387

determine to be in the best interest of the State of Georgia, and Georgia Power Company1388

shall remove or relocate its facilities to the alternate easement area at its sole cost and1389

expense, unless the State Properties Commission determines that the requested removal or1390

relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the1391

State Properties Commission receives and approves, in advance of any construction being1392

commenced, a written estimate for the cost of such removal and relocation. Upon written1393

request from grantee or any third party, the State Properties Commission, in its sole1394

discretion, may grant a substantially equivalent nonexclusive easement within the property1395

for the relocation of the facilities without cost, expense, or reimbursement from the State of1396

Georgia.1397

SECTION 203.1398

That the easement granted to Georgia Power Company shall contain such other reasonable1399

terms, conditions, and covenants as the State Properties Commission shall deem in the best1400

interest of the State of Georgia and that the State Properties Commission is authorized to use1401

a more accurate description of the easement area, so long as the description utilized by the1402

State Properties Commission describes the same easement area herein granted.1403

SECTION 204.1404

That this resolution does not affect and is not intended to affect any rights, powers, interest,1405

or liability of the Georgia Department of Transportation with respect to the state highway1406

system, of a county with respect to the county road system, or of a municipality with respect1407

to the city street system. The grantee shall obtain any and all other required permits from the1408

Page 46: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 46 -

appropriate governmental agencies as are necessary for its lawful use of the easement area1409

or public highway right of way and comply with all applicable state and federal1410

environmental statutes in its use of the easement area.1411

SECTION 205.1412

That the consideration for such easement shall be $650.00 and such further consideration and1413

provisions as the State Properties Commission may determine to be in the best interest of the1414

State of Georgia.1415

SECTION 206.1416

That this grant of easement shall be recorded by the grantee in the Superior Court of Troup1417

County and a recorded copy shall be forwarded to the State Properties Commission.1418

SECTION 207.1419

That the authorization in this resolution to grant the above-described easement to Georgia1420

Power Company shall expire three years after the date this resolution is enacted into law and1421

approved by the State Properties Commission.1422

SECTION 208.1423

That the State Properties Commission is authorized and empowered to do all acts and things1424

necessary and proper to effect the grant of the easement area.1425

ARTICLE XVII1426

SECTION 209.1427

That the State of Georgia is the owner of the hereinafter-described real property lying and1428

being in Land Lot 222, District 5, Troup County, Georgia, and that the property is in the1429

custody of the Department of Economic Development, which on November 19, 2013, stated1430

in a letter to the State Properties Commission that the department does not object to the1431

granting of this easement, hereinafter referred to as the easement area, and that, in all matters1432

relating to the easement area, the State of Georgia is acting by and through its State1433

Properties Commission.1434

SECTION 210.1435

That the State of Georgia, acting by and through its State Properties Commission, may grant1436

to Wide Open West, LLC, (WOW!), or its successors and assigns, a nonexclusive easement1437

area for the installation, maintenance, and operation of a telecommunication line to provide1438

Page 47: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 47 -

telecommunications to the Hyundai Dymos plant. Said easement area is located at the1439

Hyundai Dymos plant in West Point, Troup County, and is more particularly described as1440

follows:1441

That approximately 0.238 acre, and that portion only, situate lying and being in Land Lot1442

222, District 5, Troup County, Georgia, as shown on a drawing furnished by the City of1443

West Point, and being on file in the offices of the State Properties Commission,1444

and may be more particularly described by a plat of survey prepared by a Georgia registered1445

land surveyor and presented to the State Properties Commission for approval.1446

SECTION 211.1447

That the above-described premises shall be used solely for the purpose of installing,1448

maintaining, and operating a telecommunication line.1449

SECTION 212.1450

That Wide Open West, LLC, (WOW!) shall have the right to remove or cause to be removed1451

from said easement area only such trees and bushes as may be reasonably necessary for the1452

installation, maintenance, and operation of a telecommunication line.1453

SECTION 213.1454

That, after Wide Open West, LLC, (WOW!) has put into use the telecommunication line this1455

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion1456

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,1457

powers, and easement granted herein. Upon abandonment, Wide Open West, LLC,1458

(WOW!), or its successors and assigns, shall have the option of removing its facilities from1459

the easement area or leaving the same in place, in which event the telecommunication line1460

shall become the property of the State of Georgia, or its successors and assigns.1461

SECTION 214.1462

That no title shall be conveyed to Wide Open West, LLC, (WOW!) and, except as herein1463

specifically granted to Wide Open West, LLC, (WOW!), all rights, title, and interest in and1464

to said easement area is reserved in the State of Georgia, which may make any use of said1465

easement area not inconsistent with or detrimental to the rights, privileges, and interest1466

granted to Wide Open West, LLC, (WOW!).1467

SECTION 215.1468

That if the State of Georgia, acting by and through its State Properties Commission,1469

determines that any or all of the facilities placed on the easement area should be removed or1470

Page 48: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 48 -

relocated to an alternate site on state owned land in order to avoid interference with the state's1471

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1472

easement to allow placement of the removed or relocated facilities across the alternate site1473

under such terms and conditions as the State Properties Commission shall in its discretion1474

determine to be in the best interest of the State of Georgia, and Wide Open West, LLC,1475

(WOW!) shall remove or relocate its facilities to the alternate easement area at its sole cost1476

and expense, unless the State Properties Commission determines that the requested removal1477

or relocation is to be for the sole benefit of the State of Georgia and grantee provides, and1478

the State Properties Commission receives and approves, in advance of any construction being1479

commenced, a written estimate for the cost of such removal and relocation. Upon written1480

request from the grantee or any third party, the State Properties Commission, in its sole1481

discretion, may grant a substantially equivalent nonexclusive easement within the property1482

for the relocation of the facilities without cost, expense, or reimbursement from the State of1483

Georgia.1484

SECTION 216.1485

That the easement granted to Wide Open West, LLC, (WOW!) shall contain such other1486

reasonable terms, conditions, and covenants as the State Properties Commission shall deem1487

in the best interest of the State of Georgia and that the State Properties Commission is1488

authorized to use a more accurate description of the easement area, so long as the description1489

utilized by the State Properties Commission describes the same easement area herein granted.1490

SECTION 217.1491

That this resolution does not affect and is not intended to affect any rights, powers, interest,1492

or liability of the Georgia Department of Transportation with respect to the state highway1493

system, of a county with respect to the county road system, or of a municipality with respect1494

to the city street system. The grantee shall obtain any and all other required permits from the1495

appropriate governmental agencies as are necessary for its lawful use of the easement area1496

or public highway right of way and comply with all applicable state and federal1497

environmental statutes in its use of the easement area.1498

SECTION 218.1499

That the consideration for such easement shall be $650.00 and such further consideration and1500

provisions as the State Properties Commission may determine to be in the best interest of the1501

State of Georgia.1502

Page 49: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 49 -

SECTION 219.1503

That this grant of easement shall be recorded by the grantee in the Superior Court of Troup1504

County and a recorded copy shall be forwarded to the State Properties Commission.1505

SECTION 220.1506

That the authorization in this resolution to grant the above-described easement to Wide Open1507

West, LLC, (WOW!) shall expire three years after the date this resolution is enacted into law1508

and approved by the State Properties Commission.1509

SECTION 221.1510

That the State Properties Commission is authorized and empowered to do all acts and things1511

necessary and proper to effect the grant of the easement area.1512

ARTICLE XVIII1513

SECTION 222.1514

That the State of Georgia is the owner of the hereinafter-described real property lying and1515

being in Land Lot 222, District 5, Troup County, Georgia, and that the property is in the1516

custody of the Department of Economic Development, which on November 19, 2013, stated1517

in a letter to the State Properties Commission that the department does not object to the1518

granting of this easement, hereinafter referred to as the easement area, and that, in all matters1519

relating to the easement area, the State of Georgia is acting by and through its State1520

Properties Commission.1521

SECTION 223.1522

That the State of Georgia, acting by and through its State Properties Commission, may grant1523

to City of West Point, or its successors and assigns, a nonexclusive easement area for the1524

installation, maintenance, and operation of an overhead electrical power line to provide1525

permanent power to the Hyundai Dymos plant. Said easement area is located at the Hyundai1526

Dymos plant in Troup County, and is more particularly described as follows:1527

That approximately 3.472 acre, and that portion only, situate lying and being in Land Lot1528

222, District 5, Troup County, Georgia, as shown on a drawing furnished by the City of1529

West Point, and being on file in the offices of the State Properties Commission,1530

and may be more particularly described by a plat of survey prepared by a Georgia registered1531

land surveyor and presented to the State Properties Commission for approval.1532

Page 50: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 50 -

SECTION 224.1533

That the above-described premises shall be used solely for the purpose of installing,1534

maintaining, and operating an overhead electrical power line.1535

SECTION 225.1536

That the City of West Point shall have the right to remove or cause to be removed from said1537

easement area only such trees and bushes as may be reasonably necessary for the installation,1538

maintenance, and operation of an overhead electrical power line.1539

SECTION 226.1540

That after City of West Point has put into use the overhead electrical power line this1541

easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion1542

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges,1543

powers, and easement granted herein. Upon abandonment, the City of West Point, or its1544

successors and assigns, shall have the option of removing its facilities from the easement area1545

or leaving the same in place, in which event the overhead electrical power line shall become1546

the property of the State of Georgia, or its successors and assigns.1547

SECTION 227.1548

That no title shall be conveyed to the City of West Point and, except as herein specifically1549

granted to the City of West Point, all rights, title, and interest in and to said easement area1550

is reserved in the State of Georgia, which may make any use of said easement area not1551

inconsistent with or detrimental to the rights, privileges, and interest granted to the City of1552

West Point.1553

SECTION 228.1554

That if the State of Georgia, acting by and through its State Properties Commission,1555

determines that any or all of the facilities placed on the easement area should be removed or1556

relocated to an alternate site on state owned land in order to avoid interference with the state's1557

use or intended use of the easement area, it may grant a substantially equivalent nonexclusive1558

easement to allow placement of the removed or relocated facilities across the alternate site1559

under such terms and conditions as the State Properties Commission shall in its discretion1560

determine to be in the best interest of the State of Georgia, and the City of West Point shall1561

remove or relocate its facilities to the alternate easement area at its sole cost and expense,1562

unless the State Properties Commission determines that the requested removal or relocation1563

is to be for the sole benefit of the State of Georgia and grantee provides, and the State1564

Properties Commission receives and approves, in advance of any construction being1565

Page 51: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 51 -

commenced, a written estimate for the cost of such removal and relocation. Upon written1566

request from the grantee or any third party, the State Properties Commission, in its sole1567

discretion, may grant a substantially equivalent nonexclusive easement within the property1568

for the relocation of the facilities without cost, expense, or reimbursement from the State of1569

Georgia.1570

SECTION 229.1571

That the easement granted to the City of West Point shall contain such other reasonable1572

terms, conditions, and covenants as the State Properties Commission shall deem in the best1573

interest of the State of Georgia and that the State Properties Commission is authorized to use1574

a more accurate description of the easement area, so long as the description utilized by the1575

State Properties Commission describes the same easement area herein granted.1576

SECTION 230.1577

That this resolution does not affect and is not intended to affect any rights, powers, interest,1578

or liability of the Georgia Department of Transportation with respect to the state highway1579

system, of a county with respect to the county road system, or of a municipality with respect1580

to the city street system. The grantee shall obtain any and all other required permits from the1581

appropriate governmental agencies as are necessary for its lawful use of the easement area1582

or public highway right of way and comply with all applicable state and federal1583

environmental statutes in its use of the easement area.1584

SECTION 231.1585

That, given the public purpose of the project, the consideration for such easement shall be1586

$10.00 and such further consideration and provisions as the State Properties Commission1587

may determine to be in the best interest of the State of Georgia.1588

SECTION 232.1589

That this grant of easement shall be recorded by the grantee in the Superior Court of Troup1590

County and a recorded copy shall be forwarded to the State Properties Commission.1591

SECTION 233.1592

That the authorization in this resolution to grant the above-described easement to the City of1593

West Point shall expire three years after the date this resolution is enacted into law and1594

approved by the State Properties Commission.1595

Page 52: 14 LC 40 0531 Senate Resolution 868 A RESOLUTION · 14 LC 40 0531 S. R. 868 - 5 - 120 a resolution for and does not object to the gran ting of this easement, hereinafter referred

14 LC 40 0531

S. R. 868- 52 -

SECTION 234.1596

That the State Properties Commission is authorized and empowered to do all acts and things1597

necessary and proper to effect the grant of the easement area.1598

ARTICLE XIX1599

SECTION 235.1600

That this resolution shall become effective as law upon its approval by the Governor or upon1601

its becoming law without such approval.1602

SECTION 236.1603

That all laws and parts of laws in conflict with this resolution are repealed.1604