08 HR
1310/AP
House
Resolution 1310 (AS PASSED HOUSE AND SENATE)
By:
Representatives Cole of the
125th
and Knight of the
126th
A
RESOLUTION
Authorizing
the State Properties Commission to enter into appropriate boundary line dispute
agreements pertaining to real property in Butts, Lamar, and Monroe Counties,
Georgia, and the conveyance of state property for such purposes; to repeal
conflicting laws; and for other purposes.
WHEREAS:
(1)
The State of Georgia is the owner of approximately 25.40 acres of certain real
property located in Butts, Lamar, and Monroe Counties, Georgia, consisting of
state owned tracts above the 587.35 foot contour line above mean sea level in
the basin of the reservoir impounded by the High Falls Dam on the Towaliga River
(hereinafter the 587.35 contour line) adjacent to tracts of property belonging
to more than 150 landowners (hereinafter adjacent landowners) in the area
designated High Falls State Park (hereinafter High Falls property) and more
particularly described as 25.40± acres conveyed in 1961 and 1962 to the
State Game and Fish Commission from Northumberland Corporation as
follows:
(A)
12.2 acres in Butts County: 1962 Deed (Tr. 2-3) Upper Towaliga, 6 acres; 1962
Deed (Tr. 2-4) Weavers Pasture, 4.2 acres; 1962 Deed (Tr. 2-5) Ridgeway, 2
acres;
(B)
4.50 acres in Lamar County: 1962 Deed (Tr. 2-1) Buck Creek, 4.5 acres;
and
(C)
8.7 acres in Monroe County: 1961 Deed (Tr. 1-1) Buck Creek, 2.0 acres; 1962 Deed
(Tr. 2-1) Buck Creek, 4.2 acres; 1962 Deed (Tr. 2-2) Watkins Bottom, 2.5
acres;
(2)
The High Falls property is more particularly identified on the map entitled
"High Falls State Park Boundary Line Agreement Properties" as all those tracts
of land designated in a red zone as the boundary line agreement tracts, a copy
of which is recorded and maintained in the custody of the State Properties
Commission;
(3)
The Georgia Department of Natural Resources as the successor in interest to the
State Game and Fish Commission has custody and control of the High Falls
property herein described;
(4)
Due to land-disturbing circumstances both natural and manmade, which
circumstances are beyond the control of the parties, the contours and topography
of the High Falls property have changed since the state acquired its interest in
said property causing a dispute as to the boundary lines between the High Falls
property and property belonging to the adjacent landowners; and
(5)
The Georgia Department of Natural Resources, as approved by the Board of Natural
Resources, is in agreement with the boundary line proposal and recommends that
the State Properties Commission seek authorization to enter into such boundary
line dispute agreements with adjacent landowners, subject to certain
restrictions placed upon the boundary line agreement areas as herein provided,
in order that boundary lines may be positively identified and established for
the benefit of the state, as well as the adjacent landowners; and
WHEREAS:
(1)
The state owns certain property in the custody and control of the Georgia
Department of Natural Resources, located in Butts, Monroe, and Lamar Counties,
Georgia, below the 587.35 foot contour line (hereinafter state dam
property);
(2)
The adjacent homeowner identified as Robert and Gail Beaver (hereinafter
adjacent homeowner Beaver) owns a certain tract of land located in Land Lot 76
of the 4th Land District, in Butts County, Georgia, (hereinafter adjacent
homeowner Beaver property) and shown on that certain drawing dated January 23,
2006, entitled "Exhibit Drawing for Boundary Line Agreement High Falls Lake
Department of Natural Resources Beaver Tract," prepared by Metro Engineering
& Surveying Company, Incorporated, more particularly James R. Green, Georgia
Registered Land Surveyor No. 2543, a copy of which is recorded and maintained in
the custody of the State Properties Commission (herein after the
drawing);
(3)
The dividing line between the state dam property and the adjacent homeowner
Beaver property cannot be established with certainty due to a variety of factors
beyond the control of the parties, including wave action, erosion, tree removal,
and other land-disturbing natural or manmade activities which have occurred
since the state acquired the state dam property;
(4)
The Georgia Department of Natural Resources, as approved by the Board of Natural
Resources, is in agreement with the boundary line proposal and recommends that
the State Properties Commission seek authorization to enter into such boundary
line agreement with the adjacent homeowner Beaver in order that a boundary line
may be positively identified and established for the benefit of the state, as
well as the adjacent homeowner Beaver; and
(5)
The adjacent homeowner Beaver and the state desire to enter into a boundary line
agreement consistent with the drawing depicting the adjacent homeowner Beaver
property in order that a boundary line may be positively identified and
established for the benefit of both parties.
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 real properties located
in Butts, Lamar, and Monroe Counties, Georgia, 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
portion of the High Falls property above the 587.35 foot contour elevation,
excluding property below the high-water mark as identified by a survey conducted
by the Department of Natural Resources, may be conveyed by a boundary line
agreement or appropriate deed instrument to the adjacent landowners, as herein
provided, 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, for the purpose of agreeing
to established boundary lines; provided, however, that the conveyance of the
High Falls property shall also be subject by expression in the boundary line
agreement or deed instrument to the following restrictions and such other
restrictions as deemed necessary and appropriate by the Department of Natural
Resources:
(1)
There shall be a 25.0' buffer area in which no vegetation may be disturbed or
removed and no structures, fences, bulkheads, or impervious surfaces shall be
constructed or placed, with the exceptions of items (2), (5), and (6)
below; provided, further, that improvements already existing as of January 1,
2008, may continue unless such improvements are on wetland property. The
continuation of such improvements shall include repairs but shall not include
modifications thereto;
(2)
All docks must comply with applicable rules of the Georgia Department of Natural
Resources, provided, further, that no walkway to the dock or bulkhead for the
dock shall exceed 8.0' in width;
(3)
There shall be no use of fertilizers, herbicides, or pesticides within the 25.0'
buffer area;
(4)
There shall be no planting, releasing, or broadcasting of any vegetation listed
by the Georgia Exotic Plant Pest Council, or similar organization, as nonnative
invasive plants in Georgia within the 25.0' buffer area;
(5)
If the Georgia Department of Natural Resources (department) determines that
there is an exotic plant problem within the 25.0' buffer area, then the
department shall be authorized to take any necessary restoration actions to
remove the exotic plants and to assure the overall health of the lake and buffer
area;
(6)
If the department determines that there is an erosion problem affecting the
health of the lake and buffer area, then the department may take or allow the
landowner to take any restoration actions to address the erosion problem, so
long as these activities have a minimal impact on the 25.0' buffer area and
follow all applicable state and local laws. Any restoration activity undertaken
by the landowner shall be subject to all statutory and regulatory requirements
as otherwise provided by law; and
(7)
The exceptions set forth in paragraph (2) of this section shall not apply to any
wetlands and there shall be no filling, ditching, or placing of docks or similar
structures within any wetland. All wetland property, whether within or outside
the 25.0' buffer area described in paragraph (1) of this section, shall continue
to be subject to state and federal restrictions as set forth by applicable law
or regulation pertaining to wetlands and which restrictions may be enforced by
the department or any other authorized agency.
The
restrictions shall be recorded in any boundary line agreement or deed instrument
conveying a property interest pursuant to the authority granted by this
resolution as covenants running with the land and shall be enforceable against
current or subsequent owners or holders of the property.
SECTION
3.
That
portion of the state dam property below the 587.35 foot contour line and above
the boundary line set forth in the drawing may be conveyed by a boundary line
agreement or deed instrument to the adjacent homeowner Beaver, as herein
provided, 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, for the purpose of
establishing a boundary line.
SECTION
4.
That
the State Properties Commission is further authorized to accept on behalf of the
state any properties conveyed by a boundary line agreement or deed instrument
from adjacent landowners and the adjacent homeowner Beaver in settlement of the
property line disputes and in consideration for a conveyance from this
state.
SECTION
5.
That
the authorization in this resolution to convey the above-described property to
the adjacent landowners and the adjacent homeowner Beaver shall expire five
years after the date that this resolution becomes effective.
SECTION
6.
That
the State Properties Commission is authorized and empowered to do all acts and
things necessary and proper to effect such conveyances and enter into boundary
line agreements or deed instruments consistent with the authority granted to the
commission in Code Section 50-16-34 of the Official Code of Georgia Annotated.
The State Properties Commission is authorized to use a more accurate description
of the specific properties authorized herein above to be conveyed and to conduct
surveys for individual conveyances, as needed.
SECTION
7.
All
boundary line agreements and deeds instruments shall be recorded by the State
Properties Commission in the Superior Court of the county where such property is
located. The commission shall also record and maintain a copy of any boundary
line agreement or deed instrument executed by the state and an adjacent
landowner or the adjacent homeowner Beaver.
SECTION
8.
That
custody of the above-described property shall remain in the Department of
Natural Resources until the property is conveyed to an adjacent landowner or the
adjacent homeowner Beaver.
SECTION
9.
All
laws and parts of laws in conflict with this resolution are repealed.