05 LC 18
4104
House
Resolution 166
By:
Representative Barnard of the
166th
A
RESOLUTION
Authorizing the conveyance of certain state owned real property located in
Brantley County, Georgia; authorizing the conveyance of certain state owned real
property located in Chatham County, Georgia; authorizing the conveyance of
certain state owned real property located in Cherokee County, Georgia;
authorizing the leasing of certain state owned property located in Fulton
County, Georgia; authorizing the conveyance of certain state owned real property
located in Fulton County, Georgia; authorizing the conveyance of certain state
owned real property located in Jackson County, Georgia; authorizing the
conveyance of certain state owned real property located in Meriwether County,
Georgia; authorizing the conveyance of certain state owned real property located
in Taliaferro County, Georgia; authorizing the conveyance of certain state owned
real property located in Troup County, Georgia; authorizing the conveyance of
certain state owned real property located in Union County, Georgia; authorizing
the conveyance of certain state owned property located in Hamilton County,
Tennessee; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1)
The State of Georgia is the owner of two certain parcels of real property
located in Brantley County, Georgia;
(2)
Said real property are all those tracts or parcels of land lying and being in
land lots 127 and 128 of the 9th district of Brantley County and containing a
total of approximately 137.08 acres as shown on a plat of survey prepared by
Everett Tomberlin, Georgia Registered Land Surveyor #2922, dated February 20,
2004, and being 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;
(3)
Said parcels are a portion of Dixon Memorial State Forest, now under the custody
of the Georgia Forestry Commission;
(4)
The Axson Timber Company has agreed to convey five parcels containing a total of
approximately 102.8 acres constituting inholdings within Dixon Memorial State
Forest in exchange for the above-described state owned parcels;
(5)
It has been determined that the value of the property to be conveyed to Axson
Timber Company is greater than the value of the property to be acquired by the
state and Axson Timber Company has agreed to compensate the state for the
difference in values;
(6)
The Georgia Forestry Commission by Resolution dated August 11, 2004, recommended
the exchange of the above-described properties; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Chatham County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in the
8th GMD of Chatham County consisting of 1.619 acres as shown on a plat of survey
dated March 7, 1997, and prepared by Lamar O. Reddick, Georgia Registered Land
Surveyor #1387, and being 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;
(3)
Said property is under the custody of the Department of Technical and Adult
Education and has been the location of the Quick Start program;
(4)
The Department of Technical and Adult Education has relocated its Savannah Quick
Start program to the Savannah Tech Crossroads Building and no longer has a need
for the above-described property;
(5)
It would be in the best interest of the State of Georgia to sell the
above-described property by competitive bid; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Cherokee County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in land
lot 159 of the 14th district, 2nd section of Cherokee County, containing
approximately 1.50 acres as described on that certain deed of conveyance to the
State of Georgia being recorded as real property record number 004616 and being
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;
(3)
Said property is under the custody of the Department of Public Safety and was
used as a state patrol post;
(4)
The Department of Public Safety has relocated the activities performed on the
above-described property and has declared the property surplus;
(5)
The above-described property was conveyed to the state in 1962 by Cherokee
County for the consideration of $10.00 with the provision that if the property
ever ceased being used as a state patrol post the property would revert;
(6)
Cherokee County is desirous of having the state convey its interest in the
property back to the county; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Fulton County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in land
lot 22 of the 14th district of Fulton County, Georgia and containing 0.51 of one
acre and is more particularly described on a plat of survey identified as tract
"B" dated September 13, 2004, and prepared by Scott L. Reece, Georgia,
registered land surveyor #2648 and being 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;
(3)
Said property is under the custody of the Department of Defense and is a portion
of the parking lot of the National Guard Armory located at Charlie Brown
Airport;
(4)
Brown Jet Center, Inc., a subsidiary of Home Depot, Inc., is located adjacent to
the above-mentioned National Guard Armory;
(5)
Brown Jet Center, Inc. is desirous of leasing the above-described 0.51 of one
acre parcel of property in order to expand its facilities;
(6)
The Department of Defense has reviewed the proposal by Brown Jet Center, Inc.,
and has declared the above-described property surplus to the needs of the
department; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Fulton County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in land
lot 75 of the 14th District of Fulton County, Georgia containing 0.354 of one
acre and being more particularly described on a plat of survey prepared by Perry
E. McClung, Georgia Registered Land Surveyor #1541 dated June 1, 2000, and being
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;
(3)
Said property was conveyed in error to the State of Georgia rather than the
Georgia Department of Transportation by the City of Atlanta in 1982 for use in a
highway project;
(4)
Said property was sold by the Department of Transportation in 1993 to Habitat
for Humanity for a consideration of $7,000.00;
(5)
Habitat for Humanity is desirous of acquiring the State of
Georgiás
interest in the above-described property in order to remove the cloud from the
title;
(6)
The Department of Transportation endorses the conveyance of the State of
Georgiás
interest in the above-described property to Habitat for Humanity;
and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Jackson County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in the
245th GMD of Jackson County, Georgia and containing approximately 1 acre as
described on that certain deed of conveyance from Jackson County to the State of
Georgia being real property record #004448, and being 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;
(3)
Said property is the former location of the Georgia Forestry Commission Jackson
County unit office;
(4)
The Georgia Forestry Commission has consolidated the activities of the above
mentioned Jackson County unit office with the Barrow, Clarke, and Oconee County
units and has declared the above-described property surplus to the needs of the
commission;
(5)
The above-described property was conveyed to the state in 1956 by Jackson County
for a consideration of $1.00;
(6)
The above-described property is surrounded on three sides by property owned by
the Jackson County Board of Education and said Board of Education is desirous of
acquiring the above-described property for public purpose; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Meriwether County, Georgia;
(2)
Said real property is all those tracts or parcels of land lying and being in
land lot 243 of the 2nd district of Meriwether County and containing
approximately 1.39 acres as shown on a plat of survey prepared by J. H. Smith,
Georgia Registered Land Surveyor #777, dated June 2, 1955, and also containing
approximately 1 acre as shown on a plat of survey prepared by Clarence O. Kilby,
Georgia Registered Land Surveyor #1472, dated July 20, 1978, all being 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;
(3)
Said property is the former location of the Department of Natural Resources
Meriwether County regional office;
(4)
The Department of Natural Resources has consolidated certain of its locations
and activities and has now closed the Meriwether County site and has declared
the property surplus to the needs of the department;
(5)
The City of Manchester conveyed the above-described property to the state in
1973 for a consideration of $1.00;
(6)
The City of Manchester is desirous of acquiring the above-described property for
public purposes; and
WHEREAS:
(1)
The State of Georgia is the owner of certain parcels of real property located
in Taliaferro County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in the
601st GMD of Taliaferro County and containing approximately 1.15 acres as shown
on a plat of survey entitled "Georgia Forestry Commission" as prepared by T.
Larry Rachels, Georgia Registered Land Surveyor #1730, dated April 9, 1981, and
being 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;
(3)
Said property is the location of the Georgia Forestry Commission Taliaferro
County unit;
(4)
The Georgia Forestry Commission no longer has a need for the office unit at this
location but will still require a tower site;
(5)
The Georgia Forestry Commission acquired the above-described property in 1982
from Melissa G. Walker and Lucy G. Hughes for a consideration of
$1.00;
(6)
Taliaferro County is desirous of acquiring the above-described property for
public purpose; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Troup County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in land
lots 201 and 202 of the 6th district of Troup County and containing
approximately 2.62 acres as shown on a plat of survey prepared by J. Hugh Camp,
Georgia Registered Land Surveyor # 939, and dated December 27, 2004, and being
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;
(3)
Said property is a portion of Georgia State Patrol Post 2 located in the City of
LaGrange which was acquired in 1973 from Troup County for a consideration of
$1.00;
(4)
Said property contains a partially developed firing range which is currently
unusable and abandoned;
(5)
Troup County is desirous of acquiring the above-described property in order to
construct a firing range and training area to be used by both local and state
law enforcement officers;
(6)
The Board of Public Safety at its December 9, 2004, meeting recommended the
conveyance of the above-described property to Troup County for the construction
of a firing range and training area; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Union County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in land
lot 302 of the 9th district 1st section of Union County and containing
approximately 0.114 acres as shown on a plat of survey prepared by James L.
Alexander, Georgia Registered Land Surveyor #2653, dated February 16, 1999, and
being 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;
(3)
Said property is a portion of the campus of the Union County Satellite Center of
North Georgia Technical College;
(4)
The Department of Technical and Adult Education placed a 500 gallon,
above-ground propane tank and pad at a location on the campus too close to the
adjoining property owner, Union County, in violation of state code;
(5)
Union County has agreed to convey a 0.114 acre parcel adequate enough to bring
the above-mentioned propane tank and pad within state code in exchange for the
above-described state owned property;
(6)
The Department of Technical and Adult Education at its January 7, 1999, meeting
approved the above-mentioned exchange; and
WHEREAS:
(1)
The State of Georgia is the owner of a certain parcel of real property located
in Hamilton County, Georgia;
(2)
Said real property is all that tract or parcel of land lying and being in the
City of Chattanooga, Tennessee, and being a portion the Western and Atlantic
Railroad right of way and consists of parcel 1 and parcel 7 as shown on Western
and Atlantic Railroad Valuation map V3/3 and V/4 and being 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;
(3)
Said property is under the custody of the State Properties
Commission;
(4)
It has been determined that the above-described property is no longer needed for
the operation of the Western and Atlantic Railroad and is therefore surplus to
the needs of the State.
NOW,
THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE
I
SECTION 1.
SECTION 1.
That
the State of Georgia is the owner of the above-described Brantley County real
property and that in all matters relating to the conveyance of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
2.
That
the above-described 137.08 acre tracts of real property may be conveyed to Axson
Timber Company by the State of Georgia, acting by and through its State
Properties Commission, in exchange for five parcels containing a total of 102.87
owned by Axson Timber Company with the difference in values of the respective
properties to be paid to the state by Axson Timber Company and such further
consideration and provisions as the State Properties Commission shall in its
discretion determine to be in the best interest of the State of Georgia.
SECTION
3.
That
the authorization in this resolution to exchange the above-described properties
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 such sale.
SECTION
5.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Brantley County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
6.
That
custody of the above-described property shall remain in the Georgia Forestry
Commission until the property is conveyed.
ARTICLE
II
SECTION 7.
SECTION 7.
That
the State of Georgia is the owner of the above-described Chatham County real
property and that in all matters relating to the conveyance of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
8.
That
the above-described real property may be sold by competitive bid by the State of
Georgia, acting by and through its State Properties Commission, for a
consideration of not less than the fair market value as determined by the State
Properties Commission to be in the best interest of the state and such further
consideration and provisions as the State Properties Commission shall in its
discretion determine to be in the best interest of the State of
Georgia.
SECTION
9.
That
the authorization in this resolution to sell the above-described property by
competitive bid shall expire five years after the date that this resolution
becomes effective.
SECTION
10.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such sale.
SECTION
11.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Chatham County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
12.
That
custody of the above-described property shall remain in the Department of
Technical and Adult Education until the property is sold.
ARTICLE
III
SECTION 13.
SECTION 13.
That
the State of Georgia is the owner of the above-described Cherokee County real
property and that in all matters relating to the conveyance of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
14.
That
the above-described real property may be conveyed by appropriate instrument by
the State of Georgia, acting by and through the State Properties Commission, to
Cherokee County for a consideration of $1.00, so long as the property is used
for public purpose, and such further consideration and provisions as the State
Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
15.
That
the authorization in this resolution to convey the above-described property
shall expire three years after the date that this resolution becomes
effective.
SECTION
16.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
17.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Cherokee County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
18.
That
custody of the above-described property shall remain in the Department of Public
Safety until the property is conveyed.
ARTICLE
IV
SECTION 19.
SECTION 19.
That
the State of Georgia is the owner of the above-described Fulton County real
property and that in all matters relating to the leasing of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
20.
That
the above-described 0.51 of one acre parcel of property may be leased to Brown
Jet Center, Inc. by the State of Georgia, acting by and through its State
Properties Commission, for a consideration of the fair market value and for a
term of ten years with four extensions of ten years each at
lesseés
option and such further consideration and provisions as the State Properties
Commission shall in its discretion determine to be in the best interest of the
State of Georgia.
SECTION
21.
That
the authorization in this resolution to lease the above-described property shall
expire three years after the date that this resolution becomes
effective.
SECTION
22.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such lease.
SECTION
23.
That
the leasing instrument shall be recorded by the grantee in the Superior Court of
Fulton County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
24.
That
custody of the above-described property shall remain in the Department of
Defense until the property is leased.
ARTICLE
V
SECTION 25.
SECTION 25.
That
the State of Georgia is the owner of the above-described Fulton County real
property and that in all matters relating to the conveyance of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
26.
That
the above-described property may be conveyed to Habitat for Humanity by the
State of Georgia, acting by and through its State Properties Commission, for a
consideration of $1.00, and such further consideration and provisions as the
State Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
27.
That
the authorization in this resolution to convey the above-described property
shall expire three years after the date that this resolution becomes
effective.
SECTION
28.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
29.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Fulton County and a recorded copy shall be forwarded to the State Properties
Commission.
ARTICLE
VI
SECTION 30.
SECTION 30.
That
the State of Georgia is the owner of the above-described Jackson County real
property and that in all matters relating to the conveyance of the real property
interest the State of Georgia is acting by and through its State Properties
Commission.
SECTION
31.
That
the above-described real property may be conveyed by appropriate instrument to
the Jackson County Board of Education by the State of Georgia, acting by and
through the State Properties Commission, for a consideration $1.00, so long as
the property is used for public purpose and such further consideration and
provisions as the State Properties Commission shall in its discretion determine
to be in the best interest of the State of Georgia.
SECTION
32.
That
the authorization in this resolution to convey the above-described property to
the Jackson County Board of Education shall expire three years after the date
that this resolution becomes effective.
SECTION
33.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
34.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Jackson County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
35.
That
custody of the property will remain in the Georgia Forestry Commission until the
property is conveyed.
ARTICLE
VII
SECTION 36.
SECTION 36.
That
the State of Georgia is the owner of the above-described Meriwether County real
property and that in all matters relating to the conveyance of the real property
interest the State of Georgia is acting by and through its State Properties
Commission.
SECTION
37.
That
the above-described real property may be conveyed by appropriate instrument to
the City of Manchester by the State of Georgia, acting by and through the State
Properties Commission, for a consideration $1.00, so long as the property is
used for public purpose and such further consideration and provisions as the
State Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
38.
That
the authorization in this resolution to convey the above-described property to
the City of Manchester shall expire three years after the date that this
resolution becomes effective.
SECTION
39.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
40.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Meriwether County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
41.
That
custody of the above-described property shall remain in the Department of
Natural Resources until the property is conveyed to the City of Manchester.
ARTICLE
VIII
SECTION 42.
SECTION 42.
That
the State of Georgia is the owner of the above-described Taliaferro County real
property and that in all matters relating to the conveyance of the real property
interest the State of Georgia is acting by and through its State Properties
Commission.
SECTION
43.
That
the above-described real property may be conveyed by appropriate instrument to
Taliaferro County by the State of Georgia, acting by and through the State
Properties Commission, for a consideration $1.00, so long as the property is
used for public purpose and such further consideration and provisions as the
State Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
44.
That
the authorization in this resolution to convey the above-described property
interest to Taliaferro County shall expire five years after the date that this
resolution becomes effective.
SECTION
45.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
46.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Taliaferro County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
47.
That
custody of the above-described property shall remain in the Georgia Forestry
Commission until the property is conveyed to Taliaferro County.
ARTICLE
IX
SECTION 48.
SECTION 48.
That
the State of Georgia is the owner of the above-described Troup County real
property and that in all matters relating to the conveyance of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
49.
That
the above-described real property may be conveyed by appropriate instrument to
Troup County by the State of Georgia, acting by and through the State Properties
Commission, for a consideration $1.00, so long as the property is used for
public purpose and such further consideration and provisions as the State
Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
50.
That
the authorization in this resolution to convey the above-described property to
Troup County shall expire three years after the date that this resolution
becomes effective.
SECTION
51.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
52.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Troup County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
53.
That
custody of the above-described property shall remain in the Georgia Forestry
Commission until the property is conveyed.
ARTICLE
X
SECTION 54.
SECTION 54.
That
the State of Georgia is the owner of the above-described Union County real
property and that in all matters relating to the conveyance of the real property
the State of Georgia is acting by and through its State Properties
Commission.
SECTION
55.
That
the above-described real property interest may be conveyed by appropriate
instrument to Union County by the State of Georgia, acting by and through the
State Properties Commission, for a consideration $1.00, so long as the property
is used for public purpose and such further consideration and provisions as the
State Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
56.
That
the authorization in this resolution to convey the above-described property
interest to Union County shall expire three years after the date that this
resolution becomes effective.
SECTION
57.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyance.
SECTION
58.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Union County and a recorded copy shall be forwarded to the State Properties
Commission.
SECTION
59.
That
custody of the above-described property shall remain in the Department of
Technical and Adult Education until the property is conveyed to Union
County.
ARTICLE
XI
SECTION 60.
SECTION 60.
That
the State of Georgia is the owner of the above-described Hamilton County,
Tennessee, real property and that in all matters relating to the conveyance of
the real property the State of Georgia is acting by and through its State
Properties Commission.
SECTION
61.
That
the above-described real property may be sold by the State of Georgia, acting by
and through the State Properties Commission, by competitive bid for a
consideration of not less than the fair market value as determined by the State
Properties Commission, and such further consideration and provisions as the
State Properties Commission shall in its discretion determine to be in the best
interest of the State of Georgia.
SECTION
62.
That
the authorization in this resolution to sell the above-described property shall
expire five years after the date that this resolution becomes
effective.
SECTION
63.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such sale.
SECTION
64.
That
the deed of conveyance shall be recorded by the grantee in the Superior Court of
Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State
Properties Commission.
SECTION
65.
That
custody of the above-described property shall remain in the State Properties
Commission until the property is conveyed.
ARTICLE
XII
SECTION 66.
SECTION 66.
That
all laws and parts of laws in conflict with this resolution are repealed.