Department
Real Estate and Asset Management
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, Georgia, and EA Homes, LP for the purpose of granting conditional approval to allow stormwater infrastructure to remain within a portion of the County’s existing water line easement area at 3000 Hembree Road, Alpharetta, Georgia 30009. (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: EA Homes, LP, the owner of the real property located at 3000 Hembree Road, Alpharetta, Georgia 30009, 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 water line easement.
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 the County’s water line easement area.
The Fulton County Department of Real Estate and Asset Management and the Fulton County Department of Public Works are requesting approval to amend the terms of the County’s water line easement as referenced and recorded in Deed Book 67227, Page 81
At the request of EA Homes, LP, the Department of Public Works completed an on-site assessment of the area, which is approximately 174 square feet, and confirmed that the County’s water system will not be adversely impacted and can continue to be properly maintained if this encroachment is granted.
Community Impact: 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 the County’s water line easement area
Department Recommendation: The Department of Real Estate and Asset Management, DREAM, accepts the conclusion of the Department of Public Works to accept the Indemnification Agreement and recommends its approval.
Project Implications: No negative impacts to water service or access to the water line will result by allowing stormwater infrastructure to remain within the County’s easement
Community Issues/Concerns: None.
Department Issues/Concerns: None.
Fiscal Impact / Funding Source
Funding Line 1:
Approval of the Agenda Item does not involve the receipt or payment of funding.