Department
Real Estate and Asset Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of a Resolution authorizing the Chairman of the Board of Commissioners to execute a Assignment of Easement and Development Agreement between Fulton County and the City of South Fulton for the purpose of assigning easements rights and the remaining tree credits in the Development Agreement executed with Cowart Lake Ventures, L. P., Savannah Park LLC, and Walton Lakes LLC, to the City of South Fulton; and other purposes. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Pursuant to O.C.G.A. § 36-9-2, “[t]he county governing authority shall have the control of all property belonging to the county and may, by order entered on its minutes, direct the disposal of any real property which may lawfully be disposed of and make and execute good and sufficient title thereof on behalf of the county.”
Strategic Priority Area related to this item (If yes, note strategic priority area below)
Open and Responsible Government
Commission Districts Affected
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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: A Development Agreement, approved September 16, 2009 as Agenda Item #09-0918, between Savannah Park, LLC; Cowart Lake Ventures LP; Walton Lake Ventures, LLC and Fulton County, granted Fulton County a perpetual, non-exclusive easement to maintain the nature trails and 53.5 acres of green space, to be use by the public. In exchange for the granting of the easement rights, construction of the nature trails and donation of Green Space, Cowart Lake Ventures LP and the other entities received tree credits to be used for future development in unincorporated Fulton County.
In 2016 the Georgia General Assembly established the City of South Fulton effective November 15, 2016, in effect causing the remaining tree credits due to Cowart Lake Ventures LP to become unusable by the County since the spaces are now within the jurisdiction of the City of South Fulton. The Department of Real Estate and Asset Management, the City of South Fulton County and Cowart Lake Ventures LP drafted a mutually acceptable Assignment of Easement and Development Agreement that requires the City of South Fulton to acknowledge and accept the remaining tree credit balance totaling $574,108.20 and to acquire Fulton County’s easement rights for the maintenance of the nature trails contemplated in the Development Agreement previously executed. Approval of the Fulton County Board of Commissioners is being requested to execute an Assignment of Easement and Development Agreement that will formalize the terms in which the remaining tree credits can be used by Cowart Lake Ventures LP to complete the compensation due to Cowart Lake Ventures LP as agreed in the agreement previously executed, and to assign the County’s easement rights in the nature trails as established in the Development Agreement to the City of South Fulton.
Community Impact: The Fulton County Board of Commissioners approval of the Assignment of Easement and Development Agreement between Fulton County Government, the City of South Fulton and Cowart Lake Ventures, LP will not impact the community since their access to the trails is preserved.
Department Recommendation: The Fulton County Department of Real Estate and Asset Management recommends that the Board of Commissioners execute an Assignment of Easement and Development Agreement to formally acknowledge the approvals of Fulton County, the City of South Fulton and Cowart Lake Ventures LP regarding how the remaining tree credit balance totaling $574,108.20 can be used and to assign Fulton County’s easement rights in maintenance of the nature trails as stated within the Development Agreement.
Project Implications: Pending the approval, Fulton County will no longer have the financial responsibility of maintaining the nature trails and will have the option to reallocate resources previously used.
Community Issues/Concerns: None
Department Issues/Concerns: None
History of BOC Agenda Item: Development Agreement approved September 16, 2009 as Agenda Item 09-0918 between Savannah Park, LLC, Cowart Lake Ventures LP, Walton Lake Ventures and Fulton County granted Fulton County.