05 LC 18
4152/AP
House
Resolution 239 (AS PASSED HOUSE AND SENATE)
By:
Representatives Manning of the
32nd,
Ehrhart of the
36th,
Tumlin of the
38th,
Cooper of the
41st,
Teilhet of the
40th,
and others
A
RESOLUTION
Authorizing
the conveyance of certain State owned real property located in Cobb County,
Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of certain parcels of real property located in
Cobb County, Georgia; and
WHEREAS,
said real property are all those tracts or parcels of land lying and being in
the 63rd land lot, 20th district, 2nd section of Cobb County and containing
approximately 2.7 acres and shown as parcel 4 and parcel 6 on Western and
Atlantic Railroad valuation map page V2/13 depicting the right of way from
approximately milepost 30 to milepost 32, and on file in the offices of the
State Properties Commission, and may be more particularly described on a plat of
survey prepared by a Georgia Registered Land Surveyor and presented to the State
Properties Commission for approval; and
WHEREAS,
said property is under the custody of the State Properties Commission and is a
portion of the Western and Atlantic Railroad right of way leased to CSX
Transportation; and
WHEREAS,
it has been determined by the State Properties Commission that one or more
entities may have encroached and built structures on the above described State
owned property; and
WHEREAS,
pursuant to the above mentioned lease agreement, CSX Transportation is to work
jointly with the State Properties Commission to resolve the above-mentioned
encroachment.
NOW,
THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION
1.
That
the State of Georgia is the owner of the above described Cobb County real
property and that in all matters relating to the resolving of an encroachment or
encroachments on the real property the State of Georgia is acting by and through
its State Properties Commission.
SECTION
2.
That
the above mentioned encroachment or encroachments to the real property have been
conveyed to individual citizen homeowners and said encroachment or encroachments
may be appropriately resolved by the conveyance of the property to an individual
or individuals, entity or entities, or their successors and assigns upon terms,
conditions, and consideration as determined by the State Properties Commission
to be in the best interest of the State of Georgia.
SECTION
3.
That
the authorization in this resolution to resolve the above described property
encroachment shall expire five years after the date that this resolution becomes
effective.
SECTION
4.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect the resolving of the encroachment or
encroachments.
SECTION
5.
That
any deeds of conveyance relative to resolving the encroachment or encroachments
shall be recorded by the Grantee or Grantees in the Superior Court of Cobb
County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
6.
That
all laws and parts of laws in conflict with this resolution are repealed.