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 JBGL Atlanta Development 2014, 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 5560 Abbotts Bridge Road, Johns Creek, Georgia 30097. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
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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: JBGL Atlanta Development 2014, LLC, the owner of the real property located at 5560 Abbotts Bridge Road, Johns Creek, Georgia 30097, has requested the conditional approval of the Fulton County Board of Commissioners to allow installed stormwater infrastructure to remain within the County’s existing sewer easement onsite.
In accordance with County Policy and the Statue of Frauds, 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. JBGL Atlanta Development 2014, LLC, the Fulton County Department of Real Estate and Asset Management, DREAM, and the Fulton County Department of Public Works formally request approval to amend the terms of the County’s sanitary sewer easement onsite at 5560 Abbotts Bridge Road, Johns Creek, Georgia 30097 to permit an encroachment of stormwater infrastructure.
The Department of Public Works has completed an assessment of the encroachment area of approximately 3400 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 permitted.
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’s sewer easement.
Community Impact: Fulton County’s access to maintain its sanitary sewer service line while granting the property owner the conditional approval to allow stormwater improvements to remain within the County’s sewer easement area will not adversely impact sewer services.
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 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
Funding Line 1:
Approval of the Agenda Item does not involve the receipt or payment of funding.