Department
Real Estate and Asset Management
Requested Action
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Request approval of an Indemnification, Maintenance, and Land Use Agreement for Private Improvement between Fulton County, a political subdivision of the State of Georgia, and CHIPT Atlanta Buffington, LLC for the purpose of granting conditional approval to allow stormwater infrastructure to remain within a portion of the County’s existing sanitary sewer easement at 3600 Buffington Center, South Fulton, Georgia 30349.
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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: CHIPT Atlanta Buffington, LLC, the owner of the real property located at 3600 Buffington Center, South Fulton, Georgia 30349, 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 the County’s sewer 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 sewer line easement as referenced and recorded in Deed Book 69737, Page 301.
At the request of CHIPT Atlanta Buffington LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 258 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 line 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 remain within a portion of the 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.