Department
Real Estate and Asset Management
Requested Action
title
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 Medley Johns Creek Phase 1 Owner, LLC for the purpose of granting conditional approval to allow stormwater infrastructure to remain within a portion the County’s existing sanitary sewer easement at 11660 Johns Creek Parkway, Johns Creek, Georgia 30097. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
body
Requirement for Board Action
Fulton County is authorized to grant an encroachment on its sewer 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: Medley Johns Creek Phase 1 Owner, LLC, the owner of the real property located at 11660 Johns Creek Pkwy, Johns Creek, GA 30097, 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 sewer line easement area.
In accordance with County Policy and the Statute of Frauds, all amendments and edits to contractual agreements involving Fulton County are required to be in writing and approved by the Fulton County Board of Commissioners.
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 an existing Fulton County sewer 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 sewer line easement as referenced and recorded in Deed Book 69289, Page 22.
At the request of Medley Johns Creek Phase 1 Owner, LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 8,365 square feet, and confirmed that the County’s sewer 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 sanitary sewer service line while granting the property owner conditional approval to install stormwater improvements within the County’s sewer easement area.
Department Recommendation: The Department of Real Estate and Asset Management, DREAM, accepts the conclusion of the Department of Public Works to formally accept the terms of the Indemnification Agreement and recommends its approval.
Project Implications: No negative impacts to sanitary sewer services or access to maintain the County’s onsite sanitary sewer line will result by allowing stormwater infrastructure to be installed within a portion of a County’s sewer easement.
Community Issues/Concerns: None
Department Issues/Concerns: None
Fiscal Impact / Funding Source
Approval of the Agenda Item does not involve receipt or payment of funding.