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File #: 25-0495    Version: 1 Name:
Type: Consent - Open & Responsible Government Status: Agenda Ready
File created: 6/6/2025 In control: Board of Commissioners
On agenda: 7/9/2025 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 Arkan Echo, LLC, for the purpose of granting conditional approval to allow stormwater infrastructure to remain within a portion of the County's existing water line easement area at 12580 Crabapple Road, Milton, Georgia 30004. Effective upon BOC approval.
Attachments: 1. Arkan Echo - Water Indemnification Agreemnt
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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 (Indemnification Agreement) between Fulton County, a political subdivision of the State of Georgia, and Arkan Echo, LLC, for the purpose of granting conditional approval to allow stormwater infrastructure to remain within a portion of the County’s existing water line easement area at 12580 Crabapple Road, Milton, Georgia 30004. Effective upon BOC approval.

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Requirement for Board Action

Fulton County is authorized to grant an encroachment on its water line 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. § 36-10-1, all contracts entered into by the County governing authority with other persons in behalf of the County shall be in writing and entered on its minutes.

 

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:  Arkan Echo, LLC, the owner of the real property located at 12580 Crabapple Road, Milton, Georgia 30004, 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 water line easement area.

 

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 water 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 water line easement as referenced and recorded in Deed Book 68966, Page 297.    

 

At the request of Arkan Echo, LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 350.10 square feet, and confirmed that the County’s water 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 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, DREAM, accepts the conclusion of the Department of Public Works to accept the terms in the Indemnification Agreement and recommends its approval.

 

Project Implications: Approval of this Agreement will not impact water services or Fulton County’s access to the onsite water service line for necessary maintenance.

 

Community Issues/Concerns: None

 

Department Issues/Concerns: None

 

Fiscal Impact / Funding Source

Approval of the Agenda Item does not involve the receipt or payment of funding.