07 LC 35
0445S/AP
House
Resolution 57 (AS PASSED HOUSE AND SENATE)
By:
Representative McCall of the
30th
A
RESOLUTION
Authorizing
the conveyance of certain state owned real property located in Elbert County,
Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS,
the State of Georgia is the owner of a certain parcel of real property located
in Elbert County, Georgia; and
WHEREAS,
said real property is all that tract or parcels of land, lying and being in the
189th G.M. District of Elbert County, Georgia, containing 13.660 acres, more or
less, and being more particularly described and designated as "Tract 3" on a
plat of survey prepared by Gregory J. Evans, Registered Land Surveyor, dated
December 22, 1997; recorded in the Plat Book 20, at Page 137, in the Office of
the Superior Court of Elbert County, Georgia, hereinafter referred to as "said
property"; and
WHEREAS,
said property is under the custody of the Department of Defense of the State of
Georgia, a state agency established pursuant to Part 2 of Chapter 2 of Title 38
of the Official Code of Georgia Annotated; and
WHEREAS,
said property was conveyed to the Department of Defense by a deed of gift with
limited warranty on or about August 11, 1998, said deed being duly recorded in
book 249, page 215 to 218 with the Elbert County clerk of court´s office;
and
WHEREAS,
the deed of conveyance contained a stipulation that the conveyance was for the
purpose of construction and use as a National Guard training center or armory
and conditioned that: "[i]f construction on such regional training center or
armory has not commenced within five years from the date of this instrument,
then [the state] shall automatically forfeit all right, title, and interest in
and to said property, the estate of [the state] in and to this property shall
automatically terminate, and title shall automatically vest in the City of
Elberton, Georgia, a municipal corporation...."; and
WHEREAS,
the Department of Defense of the State of Georgia has determined that said
property is no longer needed to carry out the mission of the department and the
property shall not be used for a National Guard training center, armory, or for
a similar purpose; and
WHEREAS,
the City of Elberton is desirous of acquiring the above-described property so
that the original intent of the Grantor may be carried out and so that the
property may be put to its highest and best use for the benefit of the citizens
of the City of Elberton; and
WHEREAS,
the State Properties Commission is authorized pursuant to Chapter 16 of Title 50
of the Official Code of Georgia Annotated to transfer and convey title of said
property belonging to the state and the commission has determined that it is in
the best interest of the state to transfer said property more specifically
described above to the City of Elberton.
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 property located
in Elbert County 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
said property shall be conveyed to the City of Elberton, a municipal corporation
established by law, and its successors and assigns for the consideration of
$1.00, the good and real value of which is hereby acknowledged, and under 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 convey said property to the City of
Elberton, Elbert County, 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 conveyance and that any deeds of
conveyance relative to the transfer of title authorized by this resolution shall
be executed by signature of the Governor or his authorized representative or
representatives and recorded by the Grantee in the Superior Court of Elbert
County and the Grantee shall forward to the State Properties Commission a
recorded copy of the deed of conveyance. Upon recording the transferring deed,
the state and any state agency shall have no further interest in said
property.
SECTION
5.
That
all costs associated with the sale of the above-described property shall be
borne by the Department of Defense of the State of Georgia.
SECTION
6.
That
all laws and parts of laws in conflict with this resolution are repealed.