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File #: 23-0868    Version: 1 Name:
Type: Consent - Infrastructure and Economic Development Status: Agenda Ready
File created: 11/17/2023 In control: Board of Commissioners
On agenda: 12/6/2023 Final 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 EA Homes, LP for the purpose of granting conditional approval for the installation of stormwater infrastructure within a portion of the County's existing water line easement at 3000 Hembree Road, Alpharetta, Georgia 30009. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
Attachments: 1. Firefly WL IA EXECUTED, 2. 2023-0868
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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, a political subdivision of the State of Georgia, and EA Homes, LP for the purpose of granting conditional approval for the installation of stormwater infrastructure within a portion of the County’s existing water line easement 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/vault 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 has requested the conditional approval of the Fulton County Board of Commissioners to install stormwater infrastructure within the County’s existing water line easement.

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 at 3000 Hembree Road, Alpharetta, Georgia.   

 

The Department of Public works has completed an onsite assessment of the area consisting of approximately 382 square feet and confirmed the County’s water 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 formally affirm the terms of Fulton County’s conditional approval of the encroachment of private improvements within the County’ water line easement area at 3000 Hembree Road, Alpharetta, Georgia. 

 

 

Community Impact: The Indemnification Agreement allows Fulton County 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 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 on the property within the vicinity of the water line.

 

Community Issues/Concerns: None.

 

Department Issues/Concerns: None.

 


Fiscal Impact / Funding Source

Funding Line 1:

n/a