Department
Real Estate and Asset Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
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Request approval of Indemnification, Maintenance, and Land Use Agreement for Private Improvement (Indemnification Agreement) between Fulton County and Bethany Properties Group, LLC for the purpose of granting conditional approval to allow existing stormwater pipelines to remain within the County’s existing water line easement at 12780 and 12790 Hopewell Road in Alpharetta, Georgia 30004. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
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 (If yes, note strategic priority area below)
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 (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)
Scope of Work: Property owners at 12780 and 12790 Hopewell Road in Alpharetta, Georgia 30004 have requested the conditional approval of the Fulton County Board of Commissioners to allow existing stormwater pipelines to remain within a portion of an existing water line easement on the Baxley subdivision property in the City of Alpharetta.
In accordance with County policy, all amendments and edits to contractual agreements involving the County are required to be in writing and approved by the Fulton County Board of Commissioners.
At the request of Bethany Properties Group, LLC, the Fulton County Department of Real Estate and Asset Management and the Fulton County Department of Public Works, Board of Commissioner approval is being requested to amend the terms of the County’s Water Line Easement for this location.
The Department of Public works has completed an onsite assessment of the encroachment area of approximately 13,000 square feet and confirmed the County’s water system will not be adversely impacted and can continue to be properly maintained if this encroachment is granted.
The purpose of the Indemnification Agreement is to affirm the terms of Fulton County’s conditional approval of the encroachment of private improvements within the County’ water line easement area at 12780 and 12790 Hopewell Road in Alpharetta, Georgia 30004.
Community Impact: The Indemnification Agreement allows Fulton County full access to maintain its water meter while granting the property owner the conditional approval to retain existing stormwater pipelines within the County’s water vault easement area.
Department Recommendation: The Department of Real Estate and Asset Management accepts the conclusion of the Department of Public Works to accept the Indemnification Agreement and recommends its approval.
Project Implications: Staff has confirmed the easement can continue to be properly maintained if the stormwater piping encroachment is granted. A copy of the proposed encroachment is attached to this agenda summary. No negative impacts to the water service or access to the water line will result from approval of this request.
Community Issues/Concerns: None.
Department Issues/Concerns: None.