Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
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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 7799, LLC, for the purpose of granting conditional approval to allow construction of a retaining wall and stairs within the County’s existing sanitary sewer easement at 7799 Roswell Road, Sandy Springs, Georgia 30350.
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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 sewer easement pursuant to Fulton County Code, Subpart B-Code of Resolutions - Appendix A - Subdivision Regulations, Article VII (Required Improvements), Section 8.5.5(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
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 owner at 7799 Roswell Road, Sandy Springs, Georgia 30350 has requested the conditional approval of the Fulton County Board of Commissioners to allow a retaining wall and stairs within the Georgia Law (O.C.G.A. Sec. 36-10-1), all agreements involving the County are required to be in writing and approved by the Fulton County Board of Commissioners. At the request of the fee simple property owner, 7799, LLC, the Fulton County Department of Real Estate and Asset Management and the Fulton County Department of Public Works request approval to amend the terms of the County’s sewer easement for this location.
The Department of Public works has completed an onsite assessment of the encroachment area of approximately 1,122 square feet and confirmed the County’s sewer 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’ sewer easement area at 7799 Roswell Road in Sandy Springs, Georgia.
Community Impact: The Indemnification Agreement allows Fulton County full access to maintain its sanitary sewer service line while granting the property owner the conditional approval to construct a retaining wall and stairs within the County’s sewer 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: : No negative impacts to the sanitary sewer service or access to the sanitary sewer line will result by allowing the construction of a retaining wall and stairs within the County’s sewer easement.
Community Issues/Concerns: None
Department Issues/Concerns: None