Department
Real Estate and Asset Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of an Indemnification, Maintenance, and Land Use Agreement for Private Improvement (Indemnification Agreement) between Fulton County, Georgia and D.R. Horton, Inc. for the purpose granting conditional approval to allow stormwater infrastructure to remain within a portion the County’s existing sanitary sewer easement at 0 Butner Road, South Fulton, Georgia 30213. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
body
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 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. Pursuant to O.C.G.A. § 36-5-22.1 (codified in Fulton County Code § 1-117), the Board of Commissioners has exclusive jurisdiction and control over “directing and controlling of all the property of the county, according to law, as the governing authority deems expedient . . . .”
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: D.R. Horton, Inc., the owner of the real property located at 0 Butner Road, South Fulton, Georgia 30213 has requested the conditional approval of the Fulton County Board of Commissioners to allow stormwater infrastructure to remain within the County’s existing sanitary sewer easement onsite.
At the request of the fee simple property owner, D.R. Horton, Inc., 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 2,000 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 0 Butner Road in South Fulton, 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 allow stormwater infrastructure to remain 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: None.
Community Issues/Concerns: None.
Department Issues/Concerns: None.
Fiscal Impact / Funding Source
Funding Line 1:
n/a