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 Arkan Bethany, LLC, 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 3475-95 Bethany Bend, Milton, Georgia 30004.
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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: Arkan Bethany, LLC, the owner of the real property located at 3475-95 Bethany Bend, Milton, Georgia 30004, 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 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 water line 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 water line easement as referenced and recorded in Deed Book 69819, Page 92.
At the request of Arkan Bethany, LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 152 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 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 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 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 receipt or payment of funding.