Department
Real Estate and Asset Management
Requested Action
title
Request approval for Fulton County to accept and record two (2) Release of Easement instruments from BellSouth Telecommunications, LLC, formerly Southern Bell and Telegraph Company and successor by merger to South Central Bell Telephone Company, a Georgia limited liability company d/b/a AT&T Georgia, for the purpose of Bellsouth relinquishing and removing two utility easements with a total easement area of 1,078 square feet from recorded property records on County-owned real property at 400 Formwalt Street, Atlanta, Georgia 30312; authorizing the Chairman to execute the Release of Easement Instruments and any related documents; authorizing the County Attorney to approve all of the documents as to form and to make modifications thereto prior to execution. Effective upon approval.
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Requirement for Board Action
Pursuant to Sec. 1-117, the Board of Commissioners has exclusive jurisdiction and control in directing and controlling all the property of the county, as they may deem expedient, according to law and to exercise such other powers as are granted by law, or are indispensable to their jurisdiction over county matters and county finances.
Strategic Priority Area related to this item
Open and Responsible Government
Commission Districts Affected
All Districts ☐
District 1 ☐
District 2 ☐
District 3 ☐
District 4 ☒
District 5 ☐
District 6 ☐
Is this a purchasing item?
No
Summary & Background
Scope of Work: The Department of Real Estate and Asset Management (DREAM) and the Atlanta Fulton County Recreation Authority are actively negotiating the terms of and completing due diligence related to a property exchange. A title examination and survey completed on County-owned property at 400 Formwalt Street confirmed the existence of two (2) utility easements with a total easement area of 1,078 square feet in favor of BellSouth that would impact the development options for the property.
The Atlanta Fulton County Recreation Authority has requested that DREAM facilitate and complete the release of the two (2) utility easements on the County-owned property at 400 Formwalt Street, Atlanta, Georgia prior to completing the exchange of properties.
At DREAM’s request, BellSouth Telecommunications, LLC, formerly Southern Bell and Telegraph Company and successor by merger to South Central Bell Telephone Company, a Georgia limited liability company d/b/a AT&T Georgia, completed an assessment of the two (2) utility easements and confirmed the easements are not necessary for its operations and agreed to complete the formal release of the easement rights to Fulton County.
Community Impact: Following the exchange of properties between the Atlanta Fulton County Recreational Authority and Fulton County, if completed, the subject property will be redeveloped into affordable housing.
Department Recommendation: The Department of Real Estate and Asset Management recommends acceptance of the two (2) Release of Easement instruments from BellSouth Telecommunications, LLC, formerly Southern Bell and Telegraph Company and successor by merger to South Central Bell Telephone Company, a Georgia limited liability company d/b/a AT&T Georgia, for the purpose of removing the total easement area of 1,078 square feet from legal records for this property.
Project Implications: The planned redevelopment of the County-owned property is consistent with the County’s Economic and Development initiative.
Community Issues/Concerns: None
Department Issues/Concerns: None
Fiscal Impact / Funding Source
Acceptance of the two (2) release of easement instruments does not involve the expenditure or the receipt of funds.