Department
Real Estate and Asset Management
Requested Action
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Request approval of an Indemnification, Maintenance, and Land Use Agreement for Private Improvement (Indemnification Agreement) between Fulton County, a political subdivision of the State of Georgia, and Bridges Alpharetta, LLC, for the purpose of granting conditional approval to allow stormwater infrastructure to remain within a portion of Fulton County’s existing water line easement area at 4430 Webb Bridge Road, Alpharetta, Georgia 30005.
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Requirement for Board Action
Fulton County is authorized to grant an encroachment on its water line easement pursuant to Fulton County Code, Subpart B-Code of Resolutions - Appendix A - Subdivision Regulations, Article IX (Required Improvements), Section 9.5.5(c), which states the following in part: “No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary and storm sewer easements, including vehicular access easements around structures, without approval from the [Director of Public Works].”
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: Bridges Alpharetta, LLC, the owner of the real property located at 4430 Webb Bridge Road, Alpharetta, Georgia 30005, has requested the conditional approval of the Fulton County Board of Commissioners via an Indemnification, Maintenance, and Land Use Agreement for Private Improvement to install stormwater infrastructure within the County’s existing waterline easement area.
The purpose of the Indemnification Agreement is to formally affirm the terms of Fulton County’s conditional approval of an encroachment(s) of private improvements within Fulton County’s easement area.
The Fulton County Department of Real Estate and Asset Management, DREAM, and the Fulton County Department of Public Works are requesting approval to amend the terms of the County’s waterline easement as referenced and recorded in Deed Book 68710, Page 187.
At the request of Bridges Alpharetta, LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 15 square feet, and confirmed that Fulton County’s water system will not be adversely impacted and can continue to be properly maintained if this encroachment is permitted.
Community Impact: As per the terms of the agreement, Fulton County retains its full access to maintain its water service line while granting the property owner the conditional approval to install stormwater infrastructure within Fulton County’s water easement area.
Department Recommendation: The Department of Real Estate and Asset Management, DREAM, accepts the recommendation of the Department of Public Works to accept the terms in the Indemnification Agreement and recommends its approval.
Project Implications: Approval of this agreement will not impact water services or Fulton County’s access to the onsite water service line for necessary maintenance.
Community Issues/Concerns: None
Department Issues/Concerns: None
Fiscal Impact / Funding Source
Approval of the Agenda Item does not involve the receipt or payment of funding.