25 LC 62 0064
House Resolution 97
By: Representatives Greene of the 154
th
, Dunahoo of the 31
st
, Smith of the 41
st
, Werkheiser
of the 157
th
, and Hilton of the 48
th
A RESOLUTION
Authorizing the conveyance of certain state owned property located in Bryan County;
1
authorizing the lease of certain state owned property located in Cherokee County; authorizing2
the exchange of certain state owned property located in Clarke County; authorizing the3
conveyance of certain state owned property located in Colquitt County; authorizing the lease4
amendment of certain state owned property located in Effingham County; authorizing the5
conveyance of certain state owned property located in Fulton County; authorizing the6
conveyance of certain state owned property located in Glynn County; authorizing the7
conveyance of certain state owned properties located in Habersham County; authorizing the8
conveyance of certain state owned property located in Hall County; authorizing the lease of9
certain state owned property located in Hall County; authorizing the conveyance of certain10
state owned property located in Henry County; authorizing the lease of certain state owned11
property located in Miller County; authorizing the lease of certain state leased property12
located in Sumter County; authorizing the lease of certain state owned property located in13
Tattnall County; to provide an effective date; to provide for related matters; to repeal14
conflicting laws; and for other purposes.15
WHEREAS:16
(1) The State of Georgia is the owner of certain real property located in Bryan County,17
Georgia; and18
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(2) Said real property is approximately 0.162 of an acre, being in the 20th G.M. District,
19
Bryan County, Georgia, and more particularly described in that Warranty Deed, dated20
August 18, 1953, from International Paper Company being recorded in Deed Book 3-E,21
Page 532, in the office of the Clerk of Superior Court of Bryan County, and on file with22
the State Properties Commission Real Property Records as RPR 000131; and23
(3) Said real property is commonly known as the Bryan County Forest Fire Tower and24
under the custody of the Georgia Forestry Commission; and25
(4) Bryan County is desirous of acquiring a right of way over approximately 0.132 of an26
acre and a driveway easement over approximately 0.030 of an acre for the construction27
of a roundabout road project; and28
(5) By official action dated February 10, 2025, the Georgia Forestry Commission29
requested the conveyance to Bryan County; and30
WHEREAS:31
(1) The State of Georgia is the owner of certain real property located in Cherokee32
County, Georgia; and33
(2) Said real property is approximately 0.03 of an acre, being in Land Lot 278, 22nd34
District, 2nd Section, Cherokee County, Georgia, and more particularly described in that35
Warranty Deed, dated February 5, 1954, from H. Grady Jones being recorded in Deed36
Book 30, Pages 10-11, in the office of the Clerk of Superior Court of Cherokee County,37
and on file with the State Properties Commission Real Property Records as RPR 00259;38
and39
(3) Said real property is commonly known as Pine Log Mountain and under the custody40
of the Georgia Forestry Commission; and41
(4) The Cherokee County Board of Commissioners is desirous of leasing approximately42
0.03 of an acre for a radio tower and associated equipment; and43
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(5) By official action dated January 9, 2025, the Georgia Forestry Commission requested
44
to enter a lease with the Cherokee County Board of Commissioners; and45
WHEREAS:46
(1) The State of Georgia is the owner of certain real property located in Clarke County,47
Georgia; and48
(2) Said real property is approximately 2.957 acres, being in 216th G.M. District,49
Athens-Clarke County, Georgia, and more particularly described in that Warranty Deed,50
dated August 31, 1948, from W. L. Florence, Jr. and Marie Florence being recorded in51
Deed Book 111, Page 310, in the office of the Clerk of Superior Court of Clarke County,52
and on file with the State Properties Commission Real Property Records as RPR 000262,53
and that Warranty Deed, dated August 31, 1948, from R. B. Well, W. D. Beacham, B. B.54
Meyer, and B. L. Adams being recorded in Deed Book 111, Page 309, in the office of the55
Clerk of Superior Court of Clarke County, and on file with the State Properties56
Commission Real Property Records as RPR 000262; and57
(3) Said real property is commonly known as the Athens Field Office and under the58
custody of the Department of Community Supervision; and59
(4) Mallory and Evans Development, LLC is desirous of exchanging the property with60
the Department of Community Supervision; and61
(5) By official action dated January 14, 2025, the Department of Community Supervision62
requested the exchange with Mallory and Evans Development, LLC; and63
WHEREAS:64
(1) The State of Georgia is the owner of certain real property located in Colquitt County,65
Georgia; and66
(2) Said real property is approximately 5.468 acres, being in Land Lot 259, 9th Land67
District, City of Moultrie, Colquitt County, Georgia, and more particularly described in68
H. R. 97
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that Warranty Deed, dated September 15, 1993, from GTE South Incorporated f/k/a
69
General Telephone Company of Georgia being recorded in Deed Book 486, Pages 31-32,70
in the office of the Clerk of Superior Court of Colquitt County, and on file with the State71
Properties Commission Real Property Records as RPR 008513; and72
(3) Said real property is commonly known as Southern Regional Technical College and73
under the custody of the Technical College System of Georgia; and74
(4) The Moultrie-Colquitt County Development Authority is desirous of acquiring the75
property for fair market value; and76
(5) By official action dated December 5, 2024, the Technical College System of Georgia77
requested to surplus the property; and78
WHEREAS:79
(1) The State of Georgia is the owner of certain real property located in Effingham80
County, Georgia; and81
(2) Said real property is approximately 1.6 acres being in 9th G.M. District, Effingham82
County, Georgia, and more particularly described in that Quitclaim Deed, dated July 19,83
2004, from the Department of Technical and Adult Education, being recorded in Deed84
Book 1142, Pages 285-286, in the office of the Clerk of Superior Court of Effingham85
County and on file with the State Properties Commission Real Property Records as RPR86
010009.02; and87
(3) Said real property is commonly known as the Savannah Technical College and88
Career Academy and under the custody of the Technical College System of Georgia; and89
(4) The State of Georgia entered into a 30 year ground lease with Effingham County90
Board of Education in 2013 over approximately 6.92 acres for a Career Academy; and91
(5) The Effingham County Board of Education is desirous of amending the ground lease92
to include an additional 1.6 acres for additional parking space; and93
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(6) By official action dated May 29, 2024, the Technical College System of Georgia
94
requested to amend the ground lease; and95
WHEREAS:96
(1) The State of Georgia is the owner of certain real property located in Fulton County,97
Georgia; and98
(2) Said real property is approximately 0.006 of an acre, being in Land Lot 83, 14th Land99
District, Fulton County, Georgia, and more particularly described in that Warranty Deed,100
dated January 12, 1990, from Richard Garrett Wortham, Sr. being recorded in Deed Book101
13135, Pages 236-238, in the office of the Clerk of Superior Court of Fulton County, and102
on file with the State Properties Commission Real Property Records as RPR 007895, that103
Quitclaim Deed dated November 2, 1990, from the City of Atlanta being recorded in104
Deed Book 13840, Pages 221-227, in the office of the Clerk of Superior Court of Fulton105
County, and on file with the State Properties Commission Real Property Records as RPR106
008039, that Fee Deed, dated February 27, 1990, from the City of Atlanta, being recorded107
in Deed Book 13314, Pages 115-120, in the office of the Clerk of Superior Court of108
Fulton County, and on file with the State Properties Commission Real Property Records109
as RPR 007912, and that Consent Order and Judgment, dated February 6, 1990 being110
recorded in Deed Book 13016, Pages 61-64 and on file with the State Properties111
Commission Real Property Records as RPR 007922; and112
(3) Said real property is commonly known as the Georgia World Congress Center and113
under the custody of the Department of Economic Development; and114
(4) The Georgia Department of Transportation is desirous of acquiring a right of way,115
for the benefit of the Georgia World Congress Center, over approximately 0.006 of an116
acre for the extension of the right turn lane; and117
(5) By official action, the Department of Economic Development requested the118
conveyance to the Georgia Department of Transportation; and119
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WHEREAS:
120
(1) The State of Georgia is the owner by presumption of law of certain marshlands121
consisting of approximately 4,086.07 acres located in the 26th Georgia Militia District,122
Glynn County, Georgia, such marshlands being regulated by the Department of Natural123
Resources pursuant to the Coastal Marshlands Protection Act, O.C.G.A. § 12-5-280, et124
seq., and the Governor's powers to regulate public property, O.C.G.A. § 50-16-61; and125
(2) Glynn New Hope 1043, LLC claims to own the above-referenced marshlands,126
including approximately 432.70 acres of wetlands, 3,426.07 acres of estuarine intertidal127
wetlands, and 227.30 acres of open water habitat, in fee simple based upon its128
predecessors' claim of title and pursuant to the statutory merger of Glynn 3300, LLC into129
Glynn New Hope 1043, LLC and pursuant to warranty deeds from the predecessors in130
title recorded in Deed Book 4380, Page 280; Deed Book 4563, Page 126; and Deed Book131
3684, Page 300 of the Glynn County Clerk of Superior Court and described on an aerial132
drawing of approximately 4,086.07 acres, which may be more particularly described on133
a plat of survey prepared by a Georgia registered land surveyor and presented to the State134
Properties Commission for approval; and135
(3) Glynn New Hope, pursuant to United States Army Corps of Engineers Permit136
Application #SAS-2021-00779, desires to establish, construct, operate, maintain, and137
monitor a proposed mitigation bank or banks on the approximately 4,086.07 acre property138
described on that drawing titled "Wally's Leg Mitigation Bank" by Aquatics Restoration,139
Inc. contained in the Draft Prospectus for the Project dated September 11, 2024, which140
may be further described by a survey to be submitted to the State Properties Commission,141
and Glynn New Hope desires to commercially sell mitigation credits from such bank or142
banks in accordance with a mitigation banking instrument or instruments approved by the143
United States Army Corps of Engineers and the compensatory mitigation rules and144
regulations of the United States Army Corps of Engineers (33 C.F.R. Part 325 and 33145
C.F.R. Part 332) and the Environmental Protection Agency (40 C.F.R. Part 230); and146
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(4) To resolve all disputes as to ownership of the above-referenced marshlands, the state,
147
as part of a settlement, seeks authorization to quitclaim to Glynn New Hope the state's148
interest in the property, of which title to the approximately 4,086.07 acres of marshland149
shall be held in escrow for not more than ten years, unless extended by the State150
Properties Commission, until such time as any mitigation bank or banks is approved by151
the United States Army Corps of Engineers, after which time Glynn New Hope shall152
promptly cause the quitclaim deed to be recorded, under such terms and conditions as the153
State Properties Commission may stipulate; and154
(5) In exchange for and in consideration of the above-referenced quitclaim from the state155
and in order to resolve all disputes as to ownership of the above-referenced marshlands,156
Glynn New Hope, as part of a settlement, shall:157
(A) Transfer to the state 20 percent of each credit release granted from the approved158
mitigation bank or banks and generated from the property; and159
(B) Return the entire 4,086.07 acres of marshland subject to the various terms of the160
settlement agreement for conveyance of property back to the state by quitclaim to161
include either the exhaustion of Glynn New Hope 1043, LLC seeking approval of a162
permit or permits for a mitigation bank or banks on either the entire or portions of the163
4,086.07 acres of marshland during the ten-year timeframe, no credit releases after ten164
years have occurred for any approved mitigation bank or banks, exhaustion of all165
credits from any approved mitigation banks or banks, or after 25 years from any166
approved mitigation bank or banks for which not all mitigation credits have been167
generated or released, whichever is earlier; and168
WHEREAS:169
(1) The State of Georgia is the owner of certain real property located in Habersham170
County, Georgia; and171
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(2) Said real property is approximately 4.75 acres, being in Land Lots 192, 193, 196, and
172
197, Habersham County, Georgia, and more particularly described in various deeds,173
recorded in the office of the Clerk of Superior Court of Habersham County, and on file174
with the State Properties Commission Real Property Records; and175
(3) Said real property is commonly known as Lee Arrendale Correctional Institute and176
under the custody of the Department of Corrections; and177
(4) The Town of Alto is desirous of acquiring the property for a water tower; and178
(5) By official action, the Department of Corrections requested the conveyance to the179
Town of Alto; and180
WHEREAS:181
(1) The State of Georgia is the owner of certain real property located in Habersham182
County, Georgia; and183
(2) Said real property is approximately 20.0 acres, being in Land Lots 192, 193, 196, and184
197, Habersham County, Georgia, and more particularly described in various deeds,185
recorded in the office of the Clerk of Superior Court of Habersham County, and on file186
with the State Properties Commission Real Property Records; and187
(3) Said real property is commonly known as Lee Arrendale Correctional Institute and188
under the custody of the Department of Corrections; and189
(4) Habersham County is desirous of acquiring the property for public purpose; and190
(5) By official action, the Department of Corrections requested the conveyance to191
Habersham County; and192
WHEREAS:193
(1) The State of Georgia is the owner of certain real property located in Habersham194
County, Georgia; and195
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(2) Said real property is approximately 192.0 acres, being in Land Lots 192, 193, 196,
196
and 197, Habersham County, Georgia, and more particularly described in various deeds,197
recorded in the office of the Clerk of Superior Court of Habersham County, and on file198
with the State Properties Commission Real Property Records; and199
(3) Said real property is commonly known as Lee Arrendale Correctional Institute and200
under the custody of the Department of Corrections; and201
(4) Habersham County is desirous of acquiring the property for fair market value; and202
(5) By official action, the Department of Corrections requested the conveyance to203
Habersham County; and204
WHEREAS:205
(1) The State of Georgia is the owner of certain real property located in Hall County,206
Georgia; and207
(2) Said real property is approximately 3.707 acres, being in 411th G.M.D., Hall County,208
Georgia, and more particularly described in that Limited Warranty Deed, dated January209
5, 2016, from Gainesville Howard Road, LLC, a Georgia Limited Liability Company210
being recorded in Deed Book 7650, Pages 695-704, in the office of the Clerk of Superior211
Court of Hall County, and on file with the State Properties Commission Real Property212
Records as RPR 011792; and213
(3) Said real property is commonly known as Lanier Technical College and under the214
custody of the Technical College System of Georgia; and215
(4) The Georgia Department of Transportation is desirous of acquiring a right of way216
over approximately 0.530 of an acre and easement over approximately 3.177 acres for the217
construction of a new interchange and roundabout (PI0016074); and218
(5) By official action dated October 2, 2024, the Technical College System of Georgia219
requested the conveyance to the Georgia Department of Transportation; and220
H. R. 97
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WHEREAS:
221
(1) The State of Georgia is the owner of certain real property located in Hall County,222
Georgia; and223
(2) Said real property is a communication tower, being in Land Lots 135 and 138, 10th224
District, Hall County, Georgia, and more particularly described in that Warranty Deed,225
dated January 21, 1958, from the Board of Commissioners of Roads and Revenues of226
Hall County, Georgia being recorded in Deed Book IX, Pages 27-28, in the office of the227
Clerk of Superior Court of Hall County, and on file with the State Properties Commission228
Real Property Records as RPR 02422; and229
(3) Said real property is commonly known as State Patrol Post 6 and under the custody230
of the Department of Public Safety; and231
(4) Southern Linc is desirous of leasing tower space; and232
(5) By official action, the Department of Public Safety requested to enter a lease with233
Southern Linc; and234
WHEREAS:235
(1) The State of Georgia is the owner of certain real property located in Henry County,236
Georgia; and237
(2) Said real property is approximately 0.339 of an acre, being in Land Lot 135, 7th238
District, Henry County, Georgia, and more particularly described in that Limited239
Warranty Deed, dated March 10, 2021, from One Henry, Inc. being recorded in Deed240
Book 17931, Pages 292-294, in the office of the Clerk of Superior Court of Henry241
County, and on file with the State Properties Commission Real Property Records as RPR242
012522; and243
(3) Said real property is commonly known as the Henry County Campus of Southern244
Crescent Technical College and under the custody of the Technical College System of245
Georgia; and246
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(4) Henry County is desirous of acquiring a right of way over approximately 0.252 of an
247
acre and a slope easement over approximately 0.087 of an acre for a road-widening248
project (PI0015089); and249
(5) By official action dated September 5, 2024, the Technical College System of Georgia250
requested the conveyance to Henry County; and251
WHEREAS:252
(1) The State of Georgia is the owner of certain real property located in Miller County,253
Georgia; and254
(2) Said real property is a communication tower, being in the 13th District, Miller255
County, Georgia, and more particularly described in that General Warranty Deed With256
Right of Reversion, dated February 27, 2015, from the City of Colquitt being recorded257
in Deed Book 235, Pages 690-692, in the office of the Clerk of Superior Court of Miller258
County, and on file with the State Properties Commission Real Property Records as RPR259
011606; and260
(3) Said real property is commonly known as State Patrol Post 14 and under the custody261
of the Department of Public Safety; and262
(4) Southern Linc is desirous of leasing tower space; and263
(5) By official action, the Department of Public Safety requested to enter a lease with264
Southern Linc; and265
WHEREAS:266
(1) The State of Georgia is the lessee of certain real property located in Sumter County,267
Georgia; and268
(2) Said real property is a communication tower, being in Land Lot 184, 27th Land269
District, Sumter County, Georgia, and more particularly described in that Lease270
Agreement, commencing on January 1, 2023, with Sumter County, Georgia, as Lessor271
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and on file with the State Properties Commission Real Property Records as RPR 012787;
272
and273
(3) Said real property is commonly known as State Patrol Post 10 and under the custody274
of the Department of Public Safety; and275
(4) Southern Linc is desirous of leasing tower space; and276
(5) By official action, the Department of Public Safety requested to enter a lease with277
Southern Linc; and278
WHEREAS:279
(1) The State of Georgia is the owner of certain real property located in Tattnall County,280
Georgia; and281
(2) Said real property is a communication tower, being in 41st G.M. District, Tattnall282
County, Georgia, and more particularly described in that General Warranty Deed, dated283
January 3, 2023, from Tattnall County being recorded in Deed Book 738, Pages 178-180,284
in the office of the Clerk of Superior Court of Tattnall County, and on file with the State285
Properties Commission Real Property Records as RPR 012798; and286
(3) Said real property is commonly known as State Patrol Post 18 and under the custody287
of the Department of Public Safety; and288
(4) Southern Linc is desirous of leasing tower space; and289
(5) By official action, the Department of Public Safety requested to enter a lease with290
Southern Linc.291
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY292
THE GENERAL ASSEMBLY OF GEORGIA:293
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ARTICLE I
294
SECTION 1.295
The State of Georgia is the owner of the above-described property located in Bryan County,296
containing approximately 0.162 of an acre, and that in all matters relating to the conveyance297
and easement of said real property the State of Georgia is acting by and through its State298
Properties Commission.299
SECTION 2.300
That the State of Georgia, acting by and through the State Properties Commission, is301
authorized to convey to Bryan County for the consideration of $5,634.00, and for such302
further terms and conditions as determined by the State Properties Commission to be in the303
best interest of the State of Georgia.304
SECTION 3.305
That the State Properties Commission is authorized and empowered to do all acts and things306
necessary and proper to effect such conveyance and granting of easements, including the307
execution of all necessary documents.308
SECTION 4.309
That the authorization to convey the above-described property shall expire three years after310
the date that this resolution becomes effective.311
SECTION 5.312
That the deed or deeds and plat or plats of the conveyance and easement documents shall be313
recorded by the Grantee in the Superior Court of Bryan County and a recorded copy shall be314
forwarded to the State Properties Commission.315
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SECTION 6.
316
That the above-described real property shall remain in the custody of the Georgia Forestry317
Commission until the property is conveyed.318
ARTICLE II319
SECTION 7.320
The State of Georgia is the owner of the above-described property located in Cherokee321
County, containing approximately 0.03 of an acre, and that in all matters relating to the lease322
of said real property the State of Georgia is acting by and through its State Properties323
Commission.324
SECTION 8.325
That the State of Georgia, acting by and through the State Properties Commission, is326
authorized to lease to the Cherokee County Board of Commissioners for a term of six years327
for the consideration of $10.00 and the requirement that the Georgia Forestry Commission328
have access to tower space, generator, and shed on the premises, and for such further terms329
and conditions as determined by the State Properties Commission to be in the best interest330
of the State of Georgia.331
SECTION 9.332
That the State Properties Commission is authorized and empowered to do all acts and things333
necessary and proper to effect such lease, including the execution of all necessary334
documents.335
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SECTION 10.
336
That the authorization to convey the above-described property shall expire three years after337
the date that this resolution becomes effective.338
SECTION 11.339
That the lease documents shall be recorded by the Lessee in the Superior Court of Cherokee340
County, Georgia, and a recorded copy shall be forwarded to the State Properties341
Commission.342
SECTION 12.343
That the above-described real property shall remain in the custody of the Georgia Forestry344
Commission until the property is conveyed.345
ARTICLE III346
SECTION 13.347
The State of Georgia is the owner of the above-described improved property located in348
Clarke County, containing approximately 2.957 acres, and that in all matters relating to the349
exchange of said real property the State of Georgia is acting by and through its State350
Properties Commission.351
SECTION 14.352
That the State of Georgia, acting by and through the State Properties Commission, is353
authorized to convey by appropriate instrument for a consideration of an exchange to the354
State of Georgia with Mallory and Evans Development, LLC of a like or better property; and355
such further consideration and provisions as the State Properties Commission shall in its356
discretion determine to be in the best interest of the State of Georgia.357
H. R. 97
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SECTION 15.
358
That the State Properties Commission is authorized and empowered to do all acts and things359
necessary and proper to effect such conveyance, including the execution of all necessary360
documents.361
SECTION 16.362
That the authorization to convey the above-described property shall expire three years after363
the date that this resolution becomes effective.364
SECTION 17.365
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee366
in the Superior Court of Clarke County, Georgia, and a recorded copy shall be forwarded to367
the State Properties Commission.368
SECTION 18.369
That the above-described real property shall remain in the custody of the Department of370
Community Supervision until the property is conveyed.371
ARTICLE IV372
SECTION 19.373
The State of Georgia is the owner of the above-described property located in Colquitt374
County, containing approximately 5.468 acres, and that in all matters relating to the375
conveyance of said real property the State of Georgia is acting by and through its State376
Properties Commission.377
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SECTION 20.
378
That the State of Georgia, acting by and through the State Properties Commission, is379
authorized to convey to the Moultrie-Colquitt County Development Authority for fair market380
value; or by competitive bid for fair market value; or to a local government or state entity for381
fair market value or to a local government or state entity for a consideration of $10.00 so382
long as the property is used for public purpose in perpetuity; and for such further terms and383
conditions as determined by the State Properties Commission to be in the best interest of the384
State of Georgia.385
SECTION 21.386
That the State Properties Commission is authorized and empowered to do all acts and things387
necessary and proper to effect such conveyance, including the execution of all necessary388
documents.389
SECTION 22.390
That the authorization to convey the above-described property shall expire three years after391
the date that this resolution becomes effective.392
SECTION 23.393
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee394
in the Superior Court of Colquitt County, Georgia, and a recorded copy shall be forwarded395
to the State Properties Commission.396
SECTION 24.397
That the above-described real property shall remain in the custody of the Technical College398
System of Georgia until the property is conveyed.399
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ARTICLE V
400
SECTION 25.401
The State of Georgia is the owner of the above-described improved property located in402
Effingham County, containing approximately 1.6 acres, and that in all matters relating to the403
lease amendment of said real property the State of Georgia is acting by and through its State404
Properties Commission.405
SECTION 26.406
That the above-described ground lease may be amended by appropriate instrument by the407
State of Georgia, acting by and through its State Properties Commission, with the Effingham408
County Board of Education for a consideration of $10.00 annually, and such further409
consideration and provisions as the State Properties Commission shall in its discretion410
determine to be in the best interest of the State of Georgia.411
SECTION 27.412
That the State Properties Commission is authorized and empowered to do all acts and things413
necessary and proper to effect such lease amendment, including the execution of all414
necessary documents.415
SECTION 28.416
That the authorization to convey the above-described property shall expire three years after417
the date that this resolution becomes effective.418
H. R. 97
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SECTION 29.
419
That the amendment to the ground lease shall be recorded by the Lessee in the Superior420
Court of Effingham County, Georgia, and a recorded copy shall be forwarded to the State421
Properties Commission.422
SECTION 30.423
That the above-described real property shall remain in the custody of the Technical College424
System of Georgia until the property is conveyed.425
ARTICLE VI426
SECTION 31.427
The State of Georgia is the owner of the above-described property located in Fulton County,428
containing approximately 0.006 of an acre, and that in all matters relating to the conveyance429
of said real property the State of Georgia is acting by and through its State Properties430
Commission.431
SECTION 32.432
That the State of Georgia, acting by and through the State Properties Commission, is433
authorized to convey to the Georgia Department of Transportation for the consideration of434
$10.00, and for such further terms and conditions as determined by the State Properties435
Commission to be in the best interest of the State of Georgia.436
SECTION 33.437
That the State Properties Commission is authorized and empowered to do all acts and things438
necessary and proper to effect such conveyance, including the execution of all necessary439
documents.440
H. R. 97
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SECTION 34.
441
That the authorization to convey the above-described property shall expire three years after442
the date that this resolution becomes effective.443
SECTION 35.444
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee445
in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to446
the State Properties Commission.447
SECTION 36.448
That the above-described real property shall remain in the custody of the Department of449
Economic Development until the property is conveyed.450
ARTICLE VII451
SECTION 37.452
That the State of Georgia is the presumptive owner of certain marshlands located in Glynn453
County, Georgia, as described above, consisting of approximately 4,086.07 acres, which may454
be more particularly described by a plat of survey prepared by a Georgia registered land455
surveyor and presented to the State Properties Commission for approval.456
SECTION 38.457
That the Georgia General Assembly has declared that activities in the State's coastal458
marshlands must be regulated to ensure that the values and functions of the coastal459
marshlands are not impaired and that the Georgia General Assembly has authorized the460
Department of Natural Resources to administer and enforce the Coastal Marshlands461
Protection Act, O.C.G.A. § 12-5-280, et seq. Furthermore, the Governor has authorized the462
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Department of Natural Resources to act on his behalf on all requests to utilize state owned
463
water bottoms covered by tidal waters which are in the Governor's custody and control,464
O.C.G.A. § 50-16-61.465
SECTION 39.466
That Glynn New Hope, LLC desires to, at its sole cost and expense, establish, construct,467
operate, maintain, and monitor a tidal marsh wetland mitigation bank on the Mitigation Bank468
Property in accordance with a mitigation banking instrument or instruments approved by the469
United States Army Corps of Engineers and the compensatory mitigation rules and470
regulations of the United States Army Corps of Engineers (33 C.F.R. Part 325 and 33 C.F.R.471
Part 332) and the Environmental Protection Agency (40 C.F.R. Part 230).472
SECTION 40.473
That to resolve all disputes as to ownership of the above-referenced approximately 4,086.07474
acres of marshland, the State Properties Commission is authorized to:475
(1) Convey by quitclaim deed to Glynn New Hope the state's interest in the property, of476
which title to the approximately 4,086.07 acres of marshland shall be held in escrow for477
not more than ten years, unless extended by the State Properties Commission, until such478
time as any mitigation bank or banks is approved by the United States Army Corps of479
Engineers, after which time Glynn New Hope shall promptly cause the quitclaim deed480
to be recorded, under such terms and conditions as the State Properties Commission may481
stipulate; and482
(2) In exchange for and in consideration of the above-referenced quitclaim from the state483
and in order to resolve all disputes as to ownership of the above-referenced marshlands,484
Glynn New Hope, as part of a settlement, shall:485
(A) Transfer to the state 20 percent of each credit release granted from the approved486
mitigation bank or banks and generated from the property; and487
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(B) Return the entire 4,086.07 acres of marshland by way of various terms of the
488
settlement agreement for conveyance of property back to the state via quitclaim to489
include either at the exhaustion of Glynn New Hope 1043, LLC seeking approval of a490
permit or permits for a mitigation bank or banks on either the entire or portions of the491
4,086.07 acres of marshland during the ten-year timeframe, no credit releases after ten492
years have occurred for any approved mitigation bank or banks, exhaustion of all493
credits from any approved mitigation banks or banks, or after 25 years from any494
approved mitigation bank or banks for which not all mitigation credits have been495
generated or released, whichever is earlier.496
SECTION 41.497
That the State Properties Commission is authorized to place restrictions on any of the498
property to be quitclaimed to Glynn New Hope and to require a more particular description499
of the property that is to be so restricted.500
SECTION 42.501
That all quitclaim deeds executed in connection with this resolution, whether conveying502
property to or from the State, shall be recorded by Glynn New Hope in the office of the Clerk503
of the Superior Court of Glynn County, and Glynn New Hope shall provide a copy of the504
recorded deeds promptly to the State Properties Commission to be inventoried and retained505
by the State Properties Commission.506
SECTION 43.507
That the authorization in this resolution shall expire three years after the date that this508
resolution becomes effective.509
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ARTICLE VIII
510
SECTION 44.511
The State of Georgia is the owner of the above-described property located in Habersham512
County, containing approximately 4.75 acres, and that in all matters relating to the513
conveyance of said real property the State of Georgia is acting by and through its State514
Properties Commission.515
SECTION 45.516
That the State of Georgia, acting by and through the State Properties Commission, is517
authorized to convey to the Town of Alto for $10.00 so long as the property is used for518
public purpose in perpetuity, and for such further terms and conditions as determined by the519
State Properties Commission to be in the best interest of the State of Georgia.520
SECTION 46.521
That the State Properties Commission is authorized and empowered to do all acts and things522
necessary and proper to effect such conveyance, including the execution of all necessary523
documents.524
SECTION 47.525
That the authorization to convey the above-described property shall expire three years after526
the date that this resolution becomes effective.527
SECTION 48.528
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee529
in the Superior Court of Habersham County, Georgia, and a recorded copy shall be530
forwarded to the State Properties Commission.531
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SECTION 49.
532
That the above-described real property shall remain in the custody of the Department of533
Corrections until the property is conveyed.534
ARTICLE IX535
SECTION 50.536
The State of Georgia is the owner of the above-described property located in Habersham537
County, containing approximately 20.0 acres, and that in all matters relating to the538
conveyance of said real property the State of Georgia is acting by and through its State539
Properties Commission.540
SECTION 51.541
That the State of Georgia, acting by and through the State Properties Commission, is542
authorized to convey to Habersham County for a consideration of $10.00 so long as the543
property is used for public purpose in perpetuity; or by competitive bid for fair market value;544
or to a local government or state entity for fair market value or to a local government or state545
entity for a consideration of $10.00 so long as the property is used for public purpose in546
perpetuity; and for such further terms and conditions as determined by the State Properties547
Commission to be in the best interest of the State of Georgia.548
SECTION 52.549
That the State Properties Commission is authorized and empowered to do all acts and things550
necessary and proper to effect such conveyance, including the execution of all necessary551
documents.552
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SECTION 53.
553
That the authorization to convey the above-described property shall expire three years after554
the date that this resolution becomes effective.555
SECTION 54.556
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee557
in the Superior Court of Habersham County, Georgia, and a recorded copy shall be558
forwarded to the State Properties Commission.559
SECTION 55.560
That the above-described real property shall remain in the custody of the Department of561
Corrections until the property is conveyed.562
ARTICLE X563
SECTION 56.564
The State of Georgia is the owner of the above-described property located in Habersham565
County, containing approximately 192.0 acres, and that in all matters relating to the566
conveyance of said real property the State of Georgia is acting by and through its State567
Properties Commission.568
SECTION 57.569
That the State of Georgia, acting by and through the State Properties Commission, is570
authorized to convey to Habersham County up to 180.0 acres for fair market value; or by571
competitive bid for fair market value; or to a local government or state entity for fair market572
value or to a local government or state entity for a consideration of $10.00 so long as the573
property is used for public purpose in perpetuity; and for such further terms and conditions574
H. R. 97
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as determined by the State Properties Commission to be in the best interest of the State of
575
Georgia.576
SECTION 58.577
That the State Properties Commission is authorized and empowered to do all acts and things578
necessary and proper to effect such conveyance, including the execution of all necessary579
documents.580
SECTION 59.581
That the authorization to convey the above-described property shall expire three years after582
the date that this resolution becomes effective.583
SECTION 60.584
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee585
in the Superior Court of Habersham County, Georgia, and a recorded copy shall be586
forwarded to the State Properties Commission.587
SECTION 61.588
That the above-described real property shall remain in the custody of the Department of589
Corrections until the property is conveyed.590
ARTICLE XI591
SECTION 62.592
The State of Georgia is the owner of the above-described property located in Hall County,593
containing approximately 3.707 acres, and that in all matters relating to the conveyance and594
H. R. 97
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easement of said real property the State of Georgia is acting by and through its State
595
Properties Commission.596
SECTION 63.597
That the State of Georgia, acting by and through the State Properties Commission, is598
authorized to convey to the Georgia Department of Transportation for a total consideration599
of $229,180.00, being composed of $21,200.00 in value for the fee, $98,030.00 for granting600
of the permanent easement, and $109,950.00 in value for the damages to the fixtures, signs,601
irrigation, and landscaping; and for such further terms and conditions as determined by the602
State Properties Commission to be in the best interest of the State of Georgia.603
SECTION 64.604
That the State Properties Commission is authorized and empowered to do all acts and things605
necessary and proper to effect such conveyance and granting of easements, including the606
execution of all necessary documents.607
SECTION 65.608
That the authorization to convey the above-described property shall expire three years after609
the date that this resolution becomes effective.610
SECTION 66.611
That the deed or deeds and plat or plats of the conveyance and easement documents shall be612
recorded by the Grantee in the Superior Court of Hall County, Georgia, and a recorded copy613
shall be forwarded to the State Properties Commission.614
H. R. 97
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SECTION 67.
615
That the above-described real property shall remain in the custody of the Technical College616
System of Georgia until the property is conveyed.617
ARTICLE XII618
SECTION 68.619
The State of Georgia is the owner of the above-described communication tower located in620
Hall County, and that in all matters relating to the lease of said communication tower space621
the State of Georgia is acting by and through its State Properties Commission.622
SECTION 69.623
That the State of Georgia, acting by and through the State Properties Commission, is624
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such625
further terms and conditions as determined by the State Properties Commission to be in the626
best interest of the State of Georgia.627
SECTION 70.628
That the State Properties Commission is authorized and empowered to do all acts and things629
necessary and proper to effect such lease, including the execution of all necessary630
documents.631
SECTION 71.632
That the authorization to convey the above-described property shall expire three years after633
the date that this resolution becomes effective.634
H. R. 97
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SECTION 72.
635
That the lease documents shall be recorded by the Lessee in the Superior Court of Hall636
County, Georgia, and a recorded copy shall be forwarded to the State Properties637
Commission.638
SECTION 73.639
That the above-described real property shall remain in the custody of the Department of640
Public Safety until the property is conveyed.641
ARTICLE XIII642
SECTION 74.643
The State of Georgia is the owner of the above-described property located in Henry County,644
containing approximately 0.339 of an acre, and that in all matters relating to the conveyance645
and easement of said real property the State of Georgia is acting by and through its State646
Properties Commission.647
SECTION 75.648
That the State of Georgia, acting by and through the State Properties Commission, is649
authorized to convey to Henry County for a total consideration of $67,107.00, being650
composed of $57,245.00 in value for the fee and $9,862.00 for granting of the permanent651
easement; and for such further terms and conditions as determined by the State Properties652
Commission to be in the best interest of the State of Georgia.653
H. R. 97
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SECTION 76.
654
That the State Properties Commission is authorized and empowered to do all acts and things655
necessary and proper to effect such conveyance and granting of easements, including the656
execution of all necessary documents.657
SECTION 77.658
That the authorization to convey the above-described property shall expire three years after659
the date that this resolution becomes effective.660
SECTION 78.661
That the deed or deeds and plat or plats of the conveyance and easement documents shall be662
recorded by the Grantee in the Superior Court of Henry County, Georgia, and a recorded663
copy shall be forwarded to the State Properties Commission.664
SECTION 79.665
That the above-described real property shall remain in the custody of the Technical College666
System of Georgia until the property is conveyed.667
ARTICLE XIV668
SECTION 80.669
The State of Georgia is the owner of the above-described communication tower located in670
Miller County, and that in all matters relating to the lease of said communication tower space671
the State of Georgia is acting by and through its State Properties Commission.672
H. R. 97
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SECTION 81.
673
That the State of Georgia, acting by and through the State Properties Commission, is674
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such675
further terms and conditions as determined by the State Properties Commission to be in the676
best interest of the State of Georgia.677
SECTION 82.678
That the State Properties Commission is authorized and empowered to do all acts and things679
necessary and proper to effect such lease, including the execution of all necessary680
documents.681
SECTION 83.682
That the authorization to convey the above-described property shall expire three years after683
the date that this resolution becomes effective.684
SECTION 84.685
That the lease documents shall be recorded by the Lessee in the Superior Court of Miller686
County, Georgia, and a recorded copy shall be forwarded to the State Properties687
Commission.688
SECTION 85.689
That the above-described real property shall remain in the custody of the Department of690
Public Safety until the property is conveyed.691
H. R. 97
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ARTICLE XV
692
SECTION 86.693
The State of Georgia is the lessee of the above-described communication tower located in694
Sumter County, and that in all matters relating to the lease of said communication tower695
space the State of Georgia is acting by and through its State Properties Commission.696
SECTION 87.697
That the State of Georgia, acting by and through the State Properties Commission, is698
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such699
further terms and conditions as determined by the State Properties Commission to be in the700
best interest of the State of Georgia.701
SECTION 88.702
That the State Properties Commission is authorized and empowered to do all acts and things703
necessary and proper to effect such lease, including the execution of all necessary704
documents.705
SECTION 89.706
That the authorization to convey the above-described property shall expire three years after707
the date that this resolution becomes effective.708
SECTION 90.709
That the lease documents shall be recorded by the Lessee in the Superior Court of Sumter710
County, Georgia, and a recorded copy shall be forwarded to the State Properties711
Commission.712
H. R. 97
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SECTION 91.
713
That the above-described real property shall remain in the custody of the Department of714
Public Safety until the property is conveyed.715
ARTICLE XVI716
SECTION 92.717
The State of Georgia is the owner of the above-described communication tower located in718
Tattnall County, and that in all matters relating to the lease of said communication tower719
space the State of Georgia is acting by and through its State Properties Commission.720
SECTION 93.721
That the State of Georgia, acting by and through the State Properties Commission, is722
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such723
further terms and conditions as determined by the State Properties Commission to be in the724
best interest of the State of Georgia.725
SECTION 94.726
That the State Properties Commission is authorized and empowered to do all acts and things727
necessary and proper to effect such lease, including the execution of all necessary728
documents.729
SECTION 95.730
That the authorization to convey the above-described property shall expire three years after731
the date that this resolution becomes effective.732
H. R. 97
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SECTION 96.
733
That the lease documents shall be recorded by the Lessee in the Superior Court of Tattnall734
County, Georgia, and a recorded copy shall be forwarded to the State Properties735
Commission.736
SECTION 97.737
That the above-described real property shall remain in the custody of the Department of738
Public Safety until the property is conveyed.739
ARTICLE XVII740
SECTION 98.741
That this resolution shall become effective as law upon its approval by the Governor or upon742
its becoming law without such approval.743
SECTION 99.744
That all laws and parts of laws in conflict with this resolution are repealed.745
H. R. 97
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