Georgia 2025-2026 Regular Session

Georgia House Bill HR97 Latest Draft

Bill / Enrolled Version Filed 03/28/2025

                            25 HR 97/AP
House Resolution 97 (AS PASSED HOUSE AND SENATE)
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 properties 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 conveyance of certain state owned property13
located in Sumter County; authorizing the lease of certain state owned property located in14
Tattnall County; to provide an effective date; to provide for related matters; to repeal15
conflicting laws; and for other purposes.16
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WHEREAS:
17
(1)  The State of Georgia is the owner of certain real property located in Bryan County,18
Georgia; and19
(2)  Said real property is approximately 0.162 of an acre, being in the 20th G.M. District,20
Bryan County, Georgia, and more particularly described in that Warranty Deed, dated21
August 18, 1953, from International Paper Company being recorded in Deed Book 3-E,22
Page 532, in the office of the Clerk of Superior Court of Bryan County, and on file with23
the State Properties Commission Real Property Records as RPR 000131; and24
(3)  Said real property is commonly known as the Bryan County Forest Fire Tower and25
under the custody of the Georgia Forestry Commission; and26
(4)  Bryan County is desirous of acquiring a right of way over approximately 0.132 of an27
acre and a driveway easement over approximately 0.030 of an acre for the construction28
of a roundabout road project; and29
(5)  By official action dated February 10, 2025, the Georgia Forestry Commission30
requested the conveyance to Bryan County; and31
WHEREAS:32
(1)  The State of Georgia is the owner of certain real property located in Cherokee33
County, Georgia; and34
(2)  Said real property is approximately 0.03 of an acre, being in Land Lot 278, 22nd35
District, 2nd Section, Cherokee County, Georgia, and more particularly described in that36
Warranty Deed, dated February 5, 1954, from H. Grady Jones being recorded in Deed37
Book 30, Pages 10-11, in the office of the Clerk of Superior Court of Cherokee County,38
and on file with the State Properties Commission Real Property Records as RPR 00259;39
and40
(3)  Said real property is commonly known as Pine Log Mountain and under the custody41
of the Georgia Forestry Commission; and42
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(4)  The Cherokee County Board of Commissioners is desirous of leasing approximately
43
0.03 of an acre for a radio tower and associated equipment; and44
(5)  By official action dated January 9, 2025, the Georgia Forestry Commission requested45
to enter a lease with the Cherokee County Board of Commissioners; and46
WHEREAS:47
(1)  The State of Georgia is the owner of certain real property located in Clarke County,48
Georgia; and49
(2)  Said real property is approximately 2.957 acres, being in 216th G.M. District,50
Athens-Clarke County, Georgia, and more particularly described in that Warranty Deed,51
dated August 31, 1948, from W. L. Florence, Jr. and Marie Florence being recorded in52
Deed Book 111, Page 310, in the office of the Clerk of Superior Court of Clarke County,53
and on file with the State Properties Commission Real Property Records as RPR 000262,54
and that Warranty Deed, dated August 31, 1948, from R. B. Well, W. D. Beacham, B. B.55
Meyer, and B. L. Adams being recorded in Deed Book 111, Page 309, in the office of the56
Clerk of Superior Court of Clarke County, and on file with the State Properties57
Commission Real Property Records as RPR 000262; and58
(3)  Said real property is commonly known as the Athens Field Office and under the59
custody of the Department of Community Supervision; and60
(4)  Mallory and Evans Development, LLC is desirous of exchanging the property with61
the Department of Community Supervision; and62
(5)  By official action dated January 14, 2025, the Department of Community Supervision63
requested the exchange with Mallory and Evans Development, LLC; and64
WHEREAS:65
(1)  The State of Georgia is the owner of certain real property located in Colquitt County,66
Georgia; and67
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(2)  Said real property is approximately 5.468 acres, being in Land Lot 259, 9th Land
68
District, City of Moultrie, Colquitt County, Georgia, and more particularly described in69
that Warranty Deed, dated September 15, 1993, from GTE South Incorporated f/k/a70
General Telephone Company of Georgia being recorded in Deed Book 486, Pages 31-32,71
in the office of the Clerk of Superior Court of Colquitt County, and on file with the State72
Properties Commission Real Property Records as RPR 008513; and73
(3)  Said real property is commonly known as Southern Regional Technical College and74
under the custody of the Technical College System of Georgia; and75
(4)  The Moultrie-Colquitt County Development Authority is desirous of acquiring the76
property for fair market value; and77
(5)  By official action dated December 5, 2024, the Technical College System of Georgia78
requested to surplus the property; and79
WHEREAS:80
(1)  The State of Georgia is the owner of certain real property located in Effingham81
County, Georgia; and82
(2)  Said real property is approximately 1.6 acres being in 9th G.M. District, Effingham83
County, Georgia, and more particularly described in that Quitclaim Deed, dated July 19,84
2004, from the Department of Technical and Adult Education, being recorded in Deed85
Book 1142, Pages 285-286, in the office of the Clerk of Superior Court of Effingham86
County and on file with the State Properties Commission Real Property Records as RPR87
010009.02; and88
(3)  Said real property is commonly known as the Savannah Technical College and89
Career Academy and under the custody of the Technical College System of Georgia; and90
(4)  The State of Georgia entered into a 30 year ground lease with Effingham County91
Board of Education in 2013 over approximately 6.92 acres for a Career Academy; and92
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(5)  The Effingham County Board of Education is desirous of amending the ground lease
93
to include an additional 1.6 acres for additional parking space; and94
(6)  By official action dated May 29, 2024, the Technical College System of Georgia95
requested to amend the ground lease; and96
WHEREAS:97
(1)  The State of Georgia is the owner of certain real property located in Fulton County,98
Georgia; and99
(2)  Said real property is approximately 0.006 of an acre, being in Land Lot 83, 14th Land100
District, Fulton County, Georgia, and more particularly described in that Warranty Deed,101
dated January 12, 1990, from Richard Garrett Wortham, Sr. being recorded in Deed Book102
13135, Pages 236-238, in the office of the Clerk of Superior Court of Fulton County, and103
on file with the State Properties Commission Real Property Records as RPR 007895, that104
Quitclaim Deed dated November 2, 1990, from the City of Atlanta being recorded in105
Deed Book 13840, Pages 221-227, in the office of the Clerk of Superior Court of Fulton106
County, and on file with the State Properties Commission Real Property Records as RPR107
008039, that Fee Deed, dated February 27, 1990, from the City of Atlanta, being recorded108
in Deed Book 13314, Pages 115-120, in the office of the Clerk of Superior Court of109
Fulton County, and on file with the State Properties Commission Real Property Records110
as RPR 007912, and that Consent Order and Judgment, dated February 6, 1990 being111
recorded in Deed Book 13016, Pages 61-64 and on file with the State Properties112
Commission Real Property Records as RPR 007922; and113
(3)  Said real property is commonly known as the Georgia World Congress Center and114
under the custody of the Department of Economic Development; and115
(4)  The Georgia Department of Transportation is desirous of acquiring a right of way,116
for the benefit of the Georgia World Congress Center, over approximately 0.006 of an117
acre for the extension of the right turn lane; and118
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(5) By official action, the Department of Economic Development requested the
119
conveyance to the Georgia Department of Transportation; and120
WHEREAS:121
(1)  The State of Georgia is the owner of certain real property located in Fulton County,122
Georgia; and123
(2)  Said property is defined as the Western and Atlantic Railroad and is commonly known124
as Lower Wall Street; and125
(3)  Said property is under the custody of the State Properties Commission; and126
(4)  The City of Atlanta is desirous of acquiring Lower Wall Street; and127
WHEREAS:128
(1)  The State of Georgia is the owner by presumption of law of certain marshlands129
consisting of approximately 4,086.07 acres located in the 26th Georgia Militia District,130
Glynn County, Georgia, such marshlands being regulated by the Department of Natural131
Resources pursuant to the Coastal Marshlands Protection Act, O.C.G.A. § 12-5-280, et132
seq., and the Governor's powers to regulate public property, O.C.G.A. § 50-16-61; and133
(2)  Glynn New Hope 1043, LLC claims to own the above-referenced marshlands,134
including approximately 432.70 acres of wetlands, 3,426.07 acres of estuarine intertidal135
wetlands, and 227.30 acres of open water habitat, in fee simple based upon its136
predecessors' claim of title and pursuant to the statutory merger of Glynn 3300, LLC into137
Glynn New Hope 1043, LLC and pursuant to warranty deeds from the predecessors in138
title recorded in Deed Book 4380, Page 280; Deed Book 4563, Page 126; and Deed Book139
3684, Page 300 of the Glynn County Clerk of Superior Court and described on an aerial140
drawing of approximately 4,086.07 acres, which may be more particularly described on141
a plat of survey prepared by a Georgia registered land surveyor and presented to the State142
Properties Commission for approval; and143
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(3)  Glynn New Hope, pursuant to United States Army Corps of Engineers Permit
144
Application #SAS-2021-00779, desires to establish, construct, operate, maintain, and145
monitor a proposed mitigation bank or banks on the approximately 4,086.07 acre property146
described on that drawing titled "Wally's Leg Mitigation Bank" by Aquatics Restoration,147
Inc. contained in the Draft Prospectus for the Project dated September 11, 2024, which148
may be further described by a survey to be submitted to the State Properties Commission,149
and Glynn New Hope desires to commercially sell mitigation credits from such bank or150
banks in accordance with a mitigation banking instrument or instruments approved by the151
United States Army Corps of Engineers and the compensatory mitigation rules and152
regulations of the United States Army Corps of Engineers (33 C.F.R. Part 325 and 33153
C.F.R. Part 332) and the Environmental Protection Agency (40 C.F.R. Part 230); and154
(4)  To resolve all disputes as to ownership of the above-referenced marshlands, the state,155
as part of a settlement, seeks authorization to quitclaim to Glynn New Hope the state's156
interest in the property, of which title to the approximately 4,086.07 acres of marshland157
shall be held in escrow for not more than ten years, unless extended by the State158
Properties Commission, until such time as any mitigation bank or banks is approved by159
the United States Army Corps of Engineers, after which time Glynn New Hope shall160
promptly cause the quitclaim deed to be recorded, under such terms and conditions as the161
State Properties Commission may stipulate; and162
(5)  In exchange for and in consideration of the above-referenced quitclaim from the state163
and in order to resolve all disputes as to ownership of the above-referenced marshlands,164
Glynn New Hope, as part of a settlement, shall:165
(A)  Transfer to the state 20 percent of each credit release granted from the approved166
mitigation bank or banks and generated from the property; and167
(B)  Return the entire 4,086.07 acres of marshland subject to the various terms of the168
settlement agreement for conveyance of property back to the state by quitclaim to169
include either the exhaustion of Glynn New Hope 1043, LLC seeking approval of a170
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permit or permits for a mitigation bank or banks on either the entire or portions of the
171
4,086.07 acres of marshland during the ten-year timeframe, no credit releases after ten172
years have occurred for any approved mitigation bank or banks, exhaustion of all173
credits from any approved mitigation banks or banks, or after 25 years from any174
approved mitigation bank or banks for which not all mitigation credits have been175
generated or released, whichever is earlier; and176
WHEREAS:177
(1)  The State of Georgia is the owner of certain real property located in Habersham178
County, Georgia; and179
(2)  Said real property is approximately 4.75 acres, being in Land Lots 192, 193, 196, and180
197, Habersham County, Georgia, and more particularly described in various deeds,181
recorded in the office of the Clerk of Superior Court of Habersham County, and on file182
with the State Properties Commission Real Property Records; and183
(3)  Said real property is commonly known as Lee Arrendale Correctional Institute and184
under the custody of the Department of Corrections; and185
(4)  The Town of Alto is desirous of acquiring the property for a water tower; and186
(5)  By official action, the Department of Corrections requested the conveyance to the187
Town of Alto; and188
WHEREAS:189
(1)  The State of Georgia is the owner of certain real property located in Habersham190
County, Georgia; and191
(2)  Said real property is approximately 20.0 acres, being in Land Lots 192, 193, 196, and192
197, Habersham County, Georgia, and more particularly described in various deeds,193
recorded in the office of the Clerk of Superior Court of Habersham County, and on file194
with the State Properties Commission Real Property Records; and195
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(3)  Said real property is commonly known as Lee Arrendale Correctional Institute and
196
under the custody of the Department of Corrections; and197
(4)  Habersham County is desirous of acquiring the property for public purpose; and198
(5)  By official action, the Department of Corrections requested the conveyance to199
Habersham County; and200
WHEREAS:201
(1)  The State of Georgia is the owner of certain real property located in Habersham202
County, Georgia; and203
(2)  Said real property is approximately 192.0 acres, being in Land Lots 192, 193, 196,204
and 197, Habersham County, Georgia, and more particularly described in various deeds,205
recorded in the office of the Clerk of Superior Court of Habersham County, and on file206
with the State Properties Commission Real Property Records; and207
(3)  Said real property is commonly known as Lee Arrendale Correctional Institute and208
under the custody of the Department of Corrections; and209
(4)  Habersham County is desirous of acquiring the property for fair market value; and210
(5)  By official action, the Department of Corrections requested the conveyance to211
Habersham County; and212
WHEREAS:213
(1)  The State of Georgia is the owner of certain real property located in Hall County,214
Georgia; and215
(2)  Said real property is approximately 3.707 acres, being in 411th G.M.D., Hall County,216
Georgia, and more particularly described in that Limited Warranty Deed, dated January217
5, 2016, from Gainesville Howard Road, LLC, a Georgia Limited Liability Company218
being recorded in Deed Book 7650, Pages 695-704, in the office of the Clerk of Superior219
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Court of Hall County, and on file with the State Properties Commission Real Property
220
Records as RPR 011792; and221
(3)  Said real property is commonly known as Lanier Technical College and under the222
custody of the Technical College System of Georgia; and223
(4)  The Georgia Department of Transportation is desirous of acquiring a right of way224
over approximately 0.530 of an acre and easement over approximately 3.177 acres for the225
construction of a new interchange and roundabout (PI0016074); and226
(5)  By official action dated October 2, 2024, the Technical College System of Georgia227
requested the conveyance to the Georgia Department of Transportation; and228
WHEREAS:229
(1)  The State of Georgia is the owner of certain real property located in Hall County,230
Georgia; and231
(2)  Said real property is a communication tower, being in Land Lots 135 and 138, 10th232
District, Hall County, Georgia, and more particularly described in that Warranty Deed,233
dated January 21, 1958, from the Board of Commissioners of Roads and Revenues of234
Hall County, Georgia being recorded in Deed Book IX, Pages 27-28, in the office of the235
Clerk of Superior Court of Hall County, and on file with the State Properties Commission236
Real Property Records as RPR 02422; and237
(3)  Said real property is commonly known as State Patrol Post 6 and under the custody238
of the Department of Public Safety; and239
(4)  Southern Linc is desirous of leasing tower space; and240
(5)  By official action, the Department of Public Safety requested to enter a lease with241
Southern Linc; and242
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WHEREAS:
243
(1)  The State of Georgia is the owner of certain real property located in Henry County,244
Georgia; and245
(2)  Said real property is approximately 0.339 of an acre, being in Land Lot 135, 7th246
District, Henry County, Georgia, and more particularly described in that Limited247
Warranty Deed, dated March 10, 2021, from One Henry, Inc. being recorded in Deed248
Book 17931, Pages 292-294, in the office of the Clerk of Superior Court of Henry249
County, and on file with the State Properties Commission Real Property Records as RPR250
012522; and251
(3)  Said real property is commonly known as the Henry County Campus of Southern252
Crescent Technical College and under the custody of the Technical College System of253
Georgia; and254
(4)  Henry County is desirous of acquiring a right of way over approximately 0.252 of an255
acre and a slope easement over approximately 0.087 of an acre for a road-widening256
project (PI0015089); and257
(5)  By official action dated September 5, 2024, the Technical College System of Georgia258
requested the conveyance to Henry County; and259
WHEREAS:260
(1)  The State of Georgia is the owner of certain real property located in Miller County,261
Georgia; and262
(2)  Said real property is a communication tower, being in the 13th District, Miller263
County, Georgia, and more particularly described in that General Warranty Deed With264
Right of Reversion, dated February 27, 2015, from the City of Colquitt being recorded265
in Deed Book 235, Pages 690-692, in the office of the Clerk of Superior Court of Miller266
County, and on file with the State Properties Commission Real Property Records as RPR267
011606; and268
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(3)  Said real property is commonly known as State Patrol Post 14 and under the custody
269
of the Department of Public Safety; and270
(4)  Southern Linc is desirous of leasing tower space; and271
(5)  By official action, the Department of Public Safety requested to enter a lease with272
Southern Linc; and273
WHEREAS:274
(1)  The State of Georgia is the lessee of certain real property located in Sumter County,275
Georgia; and276
(2)  Said real property is a communication tower, being in Land Lot 184, 27th Land277
District, Sumter County, Georgia, and more particularly described in that Lease278
Agreement, commencing on January 1, 2023, with Sumter County, Georgia, as Lessor279
and on file with the State Properties Commission Real Property Records as RPR 012787;280
and281
(3)  Said real property is commonly known as State Patrol Post 10 and under the custody282
of the Department of Public Safety; and283
(4)  Southern Linc is desirous of leasing tower space; and284
(5)  By official action, the Department of Public Safety requested to enter a lease with285
Southern Linc; and286
WHEREAS:287
(1)  The State of Georgia is the owner of a certain parcel of real property located in Sumter288
County, Georgia; and289
(2)  Said real property is all that parcel or tract totaling approximately 11.561 acres of State290
property lying and being in Land Lots 117, 124, and 147, of the 27th Land District, Sumter291
County, Georgia acquired by virtue of four (4) General Warranty Deeds, between: 1)292
Sheffield Hardware Company, as the Grantor, and the State of Georgia, as the Grantee,293
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dated March 12, 1953, for 1.5 acres for consideration of $10.00 as recorded in Deed Book
294
46, Page 56 in the Office of the Clerk of Superior Court of Sumter County, Georgia and295
being on file in the offices of the State Properties Commission inventoried as Real Property296
Record (RPR) # 03567, and accompanying plat recorded in Plat Book 1, Page 106 in the297
Office of the Clerk of the Superior Court of Sumter County, Georgia and being on file in298
the offices of the State Properties Commission; 2) Sheffield Hardware Company, as the299
Grantor, and the State of Georgia, as the Grantee, dated January 22, 1949, for 1.3 acres for300
consideration of $1.00 as recorded in Deed Book 39, Page 6 in the Office of the Clerk of301
Superior Court of Sumter County, Georgia and being on file in the offices of the State302
Properties Commission inventoried as Real Property Record (RPR) # 001211, and303
accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the304
Superior Court of Sumter County, Georgia and being on file in the offices of the State305
Properties Commission; 3) R.L. Cantey, as the Grantor, and the State of Georgia, as the306
Grantee, dated January 27, 1954, for 5 acres for consideration of $10.00 as recorded in307
Deed Book 47, Page 128 in the Office of the Clerk of Superior Court of Sumter County,308
Georgia and being on file in the offices of the State Properties Commission inventoried as309
Real Property Record (RPR) # 01212.01, said acreage being modified to 4.662 acres by310
that Deed of Correction dated July 8, 1954 and filed in Deed Book 47, Page 225 and being311
on file in the offices of the State Properties Commission inventoried as Real Property312
Record (RPR) # 01212.02 and accompanying plat recorded in Plat Book 1, Page 152 in the313
Office of the Clerk of the Superior Court of Sumter County, Georgia and being on file in314
the offices of the State Properties Commission; 4) R.L. Cantey, as the Grantor, and the315
State of Georgia as the Grantee, dated July 8, 1954, for 4.099 acres for consideration of316
$10.00 as recorded in Deed Book 48, Page 292 in the Office of the Clerk of Superior Court317
of Sumter County, Georgia and being on file in the offices of the State Properties318
Commission inventoried as Real Property Record (RPR) # 01212.03, and accompanying319
plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the Superior Court of320
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Sumter County, Georgia and being on file in the offices of the State Properties
321
Commission; and322
(3)  Said property is under the custody of the Georgia Department of Defense as the former323
site of the Sumter Armory and Annex; and324
(4)  By official action dated February 18, 2015, the Georgia Department of Defense325
declared the property surplus to its current and future needs and resolved to surplus the326
above-described property; and327
(5)  By that certain quitclaim deed dated October 20, 2015, the property was conveyed to328
the Sumter County Board of Commissioners for $10.00 so long as the property is used for329
public purpose and payment of applicable outstanding general obligation bonds and330
interest; and331
(6)  The Sumter County Board of Commissioners is desirous of removing the public use332
restriction; and333
WHEREAS:334
(1)  The State of Georgia is the owner of certain real property located in Tattnall County,335
Georgia; and336
(2)  Said real property is a communication tower, being in 41st G.M. District, Tattnall337
County, Georgia, and more particularly described in that General Warranty Deed, dated338
January 3, 2023, from Tattnall County being recorded in Deed Book 738, Pages 178-180,339
in the office of the Clerk of Superior Court of Tattnall County, and on file with the State340
Properties Commission Real Property Records as RPR 012798; and341
(3)  Said real property is commonly known as State Patrol Post 18 and under the custody342
of the Department of Public Safety; and343
(4)  Southern Linc is desirous of leasing tower space; and344
(5)  By official action, the Department of Public Safety requested to enter a lease with345
Southern Linc.346
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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY
347
THE GENERAL ASSEMBLY OF GEORGIA:348
ARTICLE I349
SECTION 1.350
The State of Georgia is the owner of the above-described property located in Bryan County,351
containing approximately 0.162 of an acre, and that in all matters relating to the conveyance352
and easement of said real property the State of Georgia is acting by and through its State353
Properties Commission.354
SECTION 2.355
That the State of Georgia, acting by and through the State Properties Commission, is356
authorized to convey to Bryan County for the consideration of $5,634.00, and for such357
further terms and conditions as determined by the State Properties Commission to be in the358
best interest of the State of Georgia.359
SECTION 3.360
That the State Properties Commission is authorized and empowered to do all acts and things361
necessary and proper to effect such conveyance and granting of easements, including the362
execution of all necessary documents.363
SECTION 4.364
That the authorization to convey the above-described property shall expire three years after365
the date that this resolution becomes effective.366
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SECTION 5.
367
That the deed or deeds and plat or plats of the conveyance and easement documents shall be368
recorded by the Grantee in the Superior Court of Bryan County and a recorded copy shall be369
forwarded to the State Properties Commission.370
SECTION 6.371
That the above-described real property shall remain in the custody of the Georgia Forestry372
Commission until the property is conveyed.373
ARTICLE II374
SECTION 7.375
The State of Georgia is the owner of the above-described property located in Cherokee376
County, containing approximately 0.03 of an acre, and that in all matters relating to the lease377
of said real property the State of Georgia is acting by and through its State Properties378
Commission.379
SECTION 8.380
That the State of Georgia, acting by and through the State Properties Commission, is381
authorized to lease to the Cherokee County Board of Commissioners for a term of six years382
for the consideration of $10.00 and the requirement that the Georgia Forestry Commission383
have access to tower space, generator, and shed on the premises, and for such further terms384
and conditions as determined by the State Properties Commission to be in the best interest385
of the State of Georgia.386
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SECTION 9.
387
That the State Properties Commission is authorized and empowered to do all acts and things388
necessary and proper to effect such lease, including the execution of all necessary389
documents.390
SECTION 10.391
That the authorization to convey the above-described property shall expire three years after392
the date that this resolution becomes effective.393
SECTION 11.394
That the lease documents shall be recorded by the Lessee in the Superior Court of Cherokee395
County, Georgia, and a recorded copy shall be forwarded to the State Properties396
Commission.397
SECTION 12.398
That the above-described real property shall remain in the custody of the Georgia Forestry399
Commission until the property is conveyed.400
ARTICLE III401
SECTION 13.402
The State of Georgia is the owner of the above-described improved property located in403
Clarke County, containing approximately 2.957 acres, and that in all matters relating to the404
exchange of said real property the State of Georgia is acting by and through its State405
Properties Commission.406
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SECTION 14.
407
That the State of Georgia, acting by and through the State Properties Commission, is408
authorized to convey by appropriate instrument for a consideration of an exchange to the409
State of Georgia with Mallory and Evans Development, LLC of a like or better property; and410
such further consideration and provisions as the State Properties Commission shall in its411
discretion determine to be in the best interest of the State of Georgia.412
SECTION 15.413
That the State Properties Commission is authorized and empowered to do all acts and things414
necessary and proper to effect such conveyance, including the execution of all necessary415
documents.416
SECTION 16.417
That the authorization to convey the above-described property shall expire three years after418
the date that this resolution becomes effective.419
SECTION 17.420
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee421
in the Superior Court of Clarke County, Georgia, and a recorded copy shall be forwarded to422
the State Properties Commission.423
SECTION 18.424
That the above-described real property shall remain in the custody of the Department of425
Community Supervision until the property is conveyed.426
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ARTICLE IV
427
SECTION 19.428
The State of Georgia is the owner of the above-described property located in Colquitt429
County, containing approximately 5.468 acres, and that in all matters relating to the430
conveyance of said real property the State of Georgia is acting by and through its State431
Properties Commission.432
SECTION 20.433
That the State of Georgia, acting by and through the State Properties Commission, is434
authorized to convey to the Moultrie-Colquitt County Development Authority for fair market435
value; or by competitive bid for fair market value; or to a local government or state entity for436
fair market value or to a local government or state entity for a consideration of $10.00 so437
long as the property is used for public purpose in perpetuity; and for such further terms and438
conditions as determined by the State Properties Commission to be in the best interest of the439
State of Georgia.440
SECTION 21.441
That the State Properties Commission is authorized and empowered to do all acts and things442
necessary and proper to effect such conveyance, including the execution of all necessary443
documents.444
SECTION 22.445
That the authorization to convey the above-described property shall expire three years after446
the date that this resolution becomes effective.447
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SECTION 23.
448
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee449
in the Superior Court of Colquitt County, Georgia, and a recorded copy shall be forwarded450
to the State Properties Commission.451
SECTION 24.452
That the above-described real property shall remain in the custody of the Technical College453
System of Georgia until the property is conveyed.454
ARTICLE V455
SECTION 25.456
The State of Georgia is the owner of the above-described improved property located in457
Effingham County, containing approximately 1.6 acres, and that in all matters relating to the458
lease amendment of said real property the State of Georgia is acting by and through its State459
Properties Commission.460
SECTION 26.461
That the above-described ground lease may be amended by appropriate instrument by the462
State of Georgia, acting by and through its State Properties Commission, with the Effingham463
County Board of Education for a consideration of $10.00 annually, and such further464
consideration and provisions as the State Properties Commission shall in its discretion465
determine to be in the best interest of the State of Georgia.466
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SECTION 27.
467
That the State Properties Commission is authorized and empowered to do all acts and things468
necessary and proper to effect such lease amendment, including the execution of all469
necessary documents.470
SECTION 28.471
That the authorization to convey the above-described property shall expire three years after472
the date that this resolution becomes effective.473
SECTION 29.474
That the amendment to the ground lease shall be recorded by the Lessee in the Superior475
Court of Effingham County, Georgia, and a recorded copy shall be forwarded to the State476
Properties Commission.477
SECTION 30.478
That the above-described real property shall remain in the custody of the Technical College479
System of Georgia until the property is conveyed.480
ARTICLE VI481
SECTION 31.482
The State of Georgia is the owner of the above-described property located in Fulton County,483
containing approximately 0.006 of an acre, and that in all matters relating to the conveyance484
of said real property the State of Georgia is acting by and through its State Properties485
Commission.486
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SECTION 32.
487
That the State of Georgia, acting by and through the State Properties Commission, is488
authorized to convey to the Georgia Department of Transportation for the consideration of489
$10.00, and for such further terms and conditions as determined by the State Properties490
Commission to be in the best interest of the State of Georgia.491
SECTION 33.492
That the State Properties Commission is authorized and empowered to do all acts and things493
necessary and proper to effect such conveyance, including the execution of all necessary494
documents.495
SECTION 34.496
That the authorization to convey the above-described property shall expire three years after497
the date that this resolution becomes effective.498
SECTION 35.499
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee500
in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to501
the State Properties Commission.502
SECTION 36.503
That the above-described real property shall remain in the custody of the Department of504
Economic Development until the property is conveyed.505
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ARTICLE VII
506
SECTION 37.507
The State of Georgia is the owner of the above-described property located in Fulton County508
containing approximately 3.0 acres, and that in all matters relating to the conveyance and509
easements of said real property the State of Georgia is acting by and through its State510
Properties Commission.511
SECTION 38.512
That the State of Georgia, acting by and through the State Properties Commission, is513
authorized to convey to the City of Atlanta for fair market value and the State of Georgia,514
Georgia Building Authority, and CSX will retain an access easement, or for a consideration515
of $10.00 and the requirement for the City of Atlanta to maintain the State of Georgia's,516
Georgia Building Authority's and CSX's access easement, and for such further terms and517
conditions as determined by the State Properties Commission to be in the best interest of the518
State of Georgia. 519
SECTION 39.520
That the State Properties Commission is authorized and empowered to do all acts and things521
necessary and proper to effect such conveyance and granting of easements, including the522
execution of all necessary documents. 523
SECTION 40.524
That the authorization to convey the above-described property shall expire three years after525
the date that this resolution becomes effective.526
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SECTION 41.
527
That the deed or deeds and plat or  plats of the conveyance and easement documents shall528
be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall529
be forwarded to the State Properties Commission.530
SECTION 42.531
That the above-described real property shall remain in the custody of the State Properties532
Commission until the property is conveyed.533
ARTICLE VIII534
SECTION 43.535
That the State of Georgia is the presumptive owner of certain marshlands located in Glynn536
County, Georgia, as described above, consisting of approximately 4,086.07 acres, which may537
be more particularly described by a plat of survey prepared by a Georgia registered land538
surveyor and presented to the State Properties Commission for approval.539
SECTION 44.540
That the Georgia General Assembly has declared that activities in the State's coastal541
marshlands must be regulated to ensure that the values and functions of the coastal542
marshlands are not impaired and that the Georgia General Assembly has authorized the543
Department of Natural Resources to administer and enforce the Coastal Marshlands544
Protection Act, O.C.G.A. § 12-5-280, et seq. Furthermore, the Governor has authorized the545
Department of Natural Resources to act on his behalf on all requests to utilize state owned546
water bottoms covered by tidal waters which are in the Governor's custody and control,547
O.C.G.A. § 50-16-61.548
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SECTION 45.
549
That Glynn New Hope, LLC desires to, at its sole cost and expense, establish, construct,550
operate, maintain, and monitor a tidal marsh wetland mitigation bank on the Mitigation Bank551
Property in accordance with a mitigation banking instrument or instruments approved by the552
United States Army Corps of Engineers and the compensatory mitigation rules and553
regulations of the United States Army Corps of Engineers (33 C.F.R. Part 325 and 33 C.F.R.554
Part 332) and the Environmental Protection Agency (40 C.F.R. Part 230).555
SECTION 46.556
That to resolve all disputes as to ownership of the above-referenced approximately 4,086.07557
acres of marshland, the State Properties Commission is authorized to:558
(1)  Convey by quitclaim deed to Glynn New Hope the state's interest in the property, of559
which title to the approximately 4,086.07 acres of marshland shall be held in escrow for560
not more than ten years, unless extended by the State Properties Commission, until such561
time as any mitigation bank or banks is approved by the United States Army Corps of562
Engineers, after which time Glynn New Hope shall promptly cause the quitclaim deed563
to be recorded, under such terms and conditions as the State Properties Commission may564
stipulate; and565
(2)  In exchange for and in consideration of the above-referenced quitclaim from the state566
and in order to resolve all disputes as to ownership of the above-referenced marshlands,567
Glynn New Hope, as part of a settlement, shall:568
(A)  Transfer to the state 20 percent of each credit release granted from the approved569
mitigation bank or banks and generated from the property; and570
(B)  Return the entire 4,086.07 acres of marshland by way of various terms of the571
settlement agreement for conveyance of property back to the state via quitclaim to572
include either at the exhaustion of Glynn New Hope 1043, LLC seeking approval of a573
permit or permits for a mitigation bank or banks on either the entire or portions of the574
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4,086.07 acres of marshland during the ten-year timeframe, no credit releases after ten
575
years have occurred for any approved mitigation bank or banks, exhaustion of all576
credits from any approved mitigation banks or banks, or after 25 years from any577
approved mitigation bank or banks for which not all mitigation credits have been578
generated or released, whichever is earlier.579
SECTION 47.580
That the State Properties Commission is authorized to place restrictions on any of the581
property to be quitclaimed to Glynn New Hope and to require a more particular description582
of the property that is to be so restricted.583
SECTION 48.584
That all quitclaim deeds executed in connection with this resolution, whether conveying585
property to or from the State, shall be recorded by Glynn New Hope in the office of the Clerk586
of the Superior Court of Glynn County, and Glynn New Hope shall provide a copy of the587
recorded deeds promptly to the State Properties Commission to be inventoried and retained588
by the State Properties Commission.589
SECTION 49.590
That the authorization in this resolution shall expire three years after the date that this591
resolution becomes effective.592
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ARTICLE IX
593
SECTION 50.594
The State of Georgia is the owner of the above-described property located in Habersham595
County, containing approximately 4.75 acres, and that in all matters relating to the596
conveyance of said real property the State of Georgia is acting by and through its State597
Properties Commission.598
SECTION 51.599
That the State of Georgia, acting by and through the State Properties Commission, is600
authorized to convey to the Town of Alto for $10.00 so long as the property is used for601
public purpose in perpetuity, 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 52.604
That the State Properties Commission is authorized and empowered to do all acts and things605
necessary and proper to effect such conveyance, including the execution of all necessary606
documents.607
SECTION 53.608
That the authorization to convey the above-described property shall expire three years after609
the date that this resolution becomes effective.610
SECTION 54.611
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee612
in the Superior Court of Habersham County, Georgia, and a recorded copy shall be613
forwarded to the State Properties Commission.614
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SECTION 55.
615
That the above-described real property shall remain in the custody of the Department of616
Corrections until the property is conveyed.617
ARTICLE X618
SECTION 56.619
The State of Georgia is the owner of the above-described property located in Habersham620
County, containing approximately 20.0 acres, and that in all matters relating to the621
conveyance of said real property the State of Georgia is acting by and through its State622
Properties Commission.623
SECTION 57.624
That the State of Georgia, acting by and through the State Properties Commission, is625
authorized to convey to Habersham County for a consideration of $10.00 so long as the626
property is used for public purpose in perpetuity; or by competitive bid for fair market value;627
or to a local government or state entity for fair market value or to a local government or state628
entity for a consideration of $10.00 so long as the property is used for public purpose in629
perpetuity; and for such further terms and conditions as determined by the State Properties630
Commission to be in the best interest of the State of Georgia.631
SECTION 58.632
That the State Properties Commission is authorized and empowered to do all acts and things633
necessary and proper to effect such conveyance, including the execution of all necessary634
documents.635
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SECTION 59.
636
That the authorization to convey the above-described property shall expire three years after637
the date that this resolution becomes effective.638
SECTION 60.639
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee640
in the Superior Court of Habersham County, Georgia, and a recorded copy shall be641
forwarded to the State Properties Commission.642
SECTION 61.643
That the above-described real property shall remain in the custody of the Department of644
Corrections until the property is conveyed.645
ARTICLE XI646
SECTION 62.647
The State of Georgia is the owner of the above-described property located in Habersham648
County, containing approximately 192.0 acres, and that in all matters relating to the649
conveyance of said real property the State of Georgia is acting by and through its State650
Properties Commission.651
SECTION 63.652
That the State of Georgia, acting by and through the State Properties Commission, is653
authorized to convey to Habersham County up to 180.0 acres for fair market value; or by654
competitive bid for fair market value; or to a local government or state entity for fair market655
value or to a local government or state entity for a consideration of $10.00 so long as the656
property is used for public purpose in perpetuity; and for such further terms and conditions657
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as determined by the State Properties Commission to be in the best interest of the State of
658
Georgia.659
SECTION 64.660
That the State Properties Commission is authorized and empowered to do all acts and things661
necessary and proper to effect such conveyance, including the execution of all necessary662
documents.663
SECTION 65.664
That the authorization to convey the above-described property shall expire three years after665
the date that this resolution becomes effective.666
SECTION 66.667
That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee668
in the Superior Court of Habersham County, Georgia, and a recorded copy shall be669
forwarded to the State Properties Commission.670
SECTION 67.671
That the above-described real property shall remain in the custody of the Department of672
Corrections until the property is conveyed.673
ARTICLE XII674
SECTION 68.675
The State of Georgia is the owner of the above-described property located in Hall County,676
containing approximately 3.707 acres, and that in all matters relating to the conveyance and677
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easement of said real property the State of Georgia is acting by and through its State
678
Properties Commission.679
SECTION 69.680
That the State of Georgia, acting by and through the State Properties Commission, is681
authorized to convey to the Georgia Department of Transportation for a total consideration682
of $229,180.00, being composed of $21,200.00 in value for the fee, $98,030.00 for granting683
of the permanent easement, and $109,950.00 in value for the damages to the fixtures, signs,684
irrigation, and landscaping; and for such further terms and conditions as determined by the685
State Properties Commission to be in the best interest of the State of Georgia.686
SECTION 70.687
That the State Properties Commission is authorized and empowered to do all acts and things688
necessary and proper to effect such conveyance and granting of easements, including the689
execution of all necessary documents.690
SECTION 71.691
That the authorization to convey the above-described property shall expire three years after692
the date that this resolution becomes effective.693
SECTION 72.694
That the deed or deeds and plat or plats of the conveyance and easement documents shall be695
recorded by the Grantee in the Superior Court of Hall County, Georgia, and a recorded copy696
shall be forwarded to the State Properties Commission.697
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SECTION 73.
698
That the above-described real property shall remain in the custody of the Technical College699
System of Georgia until the property is conveyed.700
ARTICLE XIII701
SECTION 74.702
The State of Georgia is the owner of the above-described communication tower located in703
Hall County, and that in all matters relating to the lease of said communication tower space704
the State of Georgia is acting by and through its State Properties Commission.705
SECTION 75.706
That the State of Georgia, acting by and through the State Properties Commission, is707
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such708
further terms and conditions as determined by the State Properties Commission to be in the709
best interest of the State of Georgia.710
SECTION 76.711
That the State Properties Commission is authorized and empowered to do all acts and things712
necessary and proper to effect such lease, including the execution of all necessary713
documents.714
SECTION 77.715
That the authorization to convey the above-described property shall expire three years after716
the date that this resolution becomes effective.717
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SECTION 78.
718
That the lease documents shall be recorded by the Lessee in the Superior Court of Hall719
County, Georgia, and a recorded copy shall be forwarded to the State Properties720
Commission.721
SECTION 79.722
That the above-described real property shall remain in the custody of the Department of723
Public Safety until the property is conveyed.724
ARTICLE XIV725
SECTION 80.726
The State of Georgia is the owner of the above-described property located in Henry County,727
containing approximately 0.339 of an acre, and that in all matters relating to the conveyance728
and easement of said real property the State of Georgia is acting by and through its State729
Properties Commission.730
SECTION 81.731
That the State of Georgia, acting by and through the State Properties Commission, is732
authorized to convey to Henry County for a total consideration of $67,107.00, being733
composed of $57,245.00 in value for the fee and $9,862.00 for granting of the permanent734
easement; and for such further terms and conditions as determined by the State Properties735
Commission to be in the best interest of the State of Georgia.736
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SECTION 82.
737
That the State Properties Commission is authorized and empowered to do all acts and things738
necessary and proper to effect such conveyance and granting of easements, including the739
execution of all necessary documents.740
SECTION 83.741
That the authorization to convey the above-described property shall expire three years after742
the date that this resolution becomes effective.743
SECTION 84.744
That the deed or deeds and plat or plats of the conveyance and easement documents shall be745
recorded by the Grantee in the Superior Court of Henry County, Georgia, and a recorded746
copy shall be forwarded to the State Properties Commission.747
SECTION 85.748
That the above-described real property shall remain in the custody of the Technical College749
System of Georgia until the property is conveyed.750
ARTICLE XV751
SECTION 86.752
The State of Georgia is the owner of the above-described communication tower located in753
Miller County, and that in all matters relating to the lease of said communication tower space754
the State of Georgia is acting by and through its State Properties Commission.755
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SECTION 87.
756
That the State of Georgia, acting by and through the State Properties Commission, is757
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such758
further terms and conditions as determined by the State Properties Commission to be in the759
best interest of the State of Georgia.760
SECTION 88.761
That the State Properties Commission is authorized and empowered to do all acts and things762
necessary and proper to effect such lease, including the execution of all necessary763
documents.764
SECTION 89.765
That the authorization to convey the above-described property shall expire three years after766
the date that this resolution becomes effective.767
SECTION 90.768
That the lease documents shall be recorded by the Lessee in the Superior Court of Miller769
County, Georgia, and a recorded copy shall be forwarded to the State Properties770
Commission.771
SECTION 91.772
That the above-described real property shall remain in the custody of the Department of773
Public Safety until the property is conveyed.774
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ARTICLE XVI
775
SECTION 92.776
The State of Georgia is the lessee of the above-described communication tower located in777
Sumter County, and that in all matters relating to the lease of said communication tower778
space the State of Georgia is acting by and through its State Properties Commission.779
SECTION 93.780
That the State of Georgia, acting by and through the State Properties Commission, is781
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such782
further terms and conditions as determined by the State Properties Commission to be in the783
best interest of the State of Georgia.784
SECTION 94.785
That the State Properties Commission is authorized and empowered to do all acts and things786
necessary and proper to effect such lease, including the execution of all necessary787
documents.788
SECTION 95.789
That the authorization to convey the above-described property shall expire three years after790
the date that this resolution becomes effective.791
SECTION 96.792
That the lease documents shall be recorded by the Lessee in the Superior Court of Sumter793
County, Georgia, and a recorded copy shall be forwarded to the State Properties794
Commission.795
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SECTION 97.
796
That the above-described real property shall remain in the custody of the Department of797
Public Safety until the property is conveyed.798
SECTION 98.799
That the above-described property may be conveyed by appropriate instrument by the State800
of Georgia, acting by and through its State Properties Commission, to the Sumter County801
Board of Commissioners for fair market value and the removal of the public purpose use802
restriction; and such further consideration and provisions as the State Properties Commission803
shall in its discretion determine to be in the best interest of the State of Georgia.804
ARTICLE XVII805
SECTION 99.806
That the State of Georgia is the owner of the above-described real property in Sumter County807
containing approximately 11.561 acres, and that in all matters relating to the conveyance of808
the real property the State of Georgia is acting by and through its State Properties809
Commission.810
SECTION 100.811
That the above-described property may be conveyed by appropriate instrument by the State812
of Georgia, acting by and through its State Properties Commission, to the Sumter County813
Board of Commissioners for fair market value and the removal of the public purpose use814
restriction; and for such further consideration and provisions as the State Properties815
Commission shall in its discretion determine to be in the best interest of the State of Georgia.816
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SECTION 101.
817
That the authorization to convey the above-described property shall expire three years after818
the date that this resolution becomes effective.819
SECTION 102.820
That the State Properties Commission is authorized and empowered to do all acts and things821
necessary and proper to effect such conveyance, including the execution of all necessary822
documents.823
SECTION 103.824
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of825
Sumter County, Georgia and a recorded copy shall be forwarded to the State Properties826
Commission.827
SECTION 104.828
That the above-described property shall remain in the custody of the Georgia Department of829
Defense until the property is conveyed.830
ARTICLE XVIII831
SECTION 105.832
The State of Georgia is the owner of the above-described communication tower located in833
Tattnall County, and that in all matters relating to the lease of said communication tower834
space the State of Georgia is acting by and through its State Properties Commission.835
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SECTION 106.
836
That the State of Georgia, acting by and through the State Properties Commission, is837
authorized to lease to Southern Linc for a term of 25 years for fair market value and for such838
further terms and conditions as determined by the State Properties Commission to be in the839
best interest of the State of Georgia.840
SECTION 107.841
That the State Properties Commission is authorized and empowered to do all acts and things842
necessary and proper to effect such lease, including the execution of all necessary843
documents.844
SECTION 108.845
That the authorization to convey the above-described property shall expire three years after846
the date that this resolution becomes effective.847
SECTION 109.848
That the lease documents shall be recorded by the Lessee in the Superior Court of Tattnall849
County, Georgia, and a recorded copy shall be forwarded to the State Properties850
Commission.851
SECTION 110.852
That the above-described real property shall remain in the custody of the Department of853
Public Safety until the property is conveyed.854
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ARTICLE XIX
855
SECTION 111.856
That this resolution shall become effective as law upon its approval by the Governor or upon857
its becoming law without such approval.858
SECTION 112.859
That all laws and parts of laws in conflict with this resolution are repealed.860
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