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 CHIDF Atlanta Hunter Road II, 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 5190 Mason Road, Union City, Georgia 30291.
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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 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
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District 5 |
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Is this a purchasing item?
No
Summary & Background:
Scope of Work: CHIDF Atlanta Hunter Road II, LLC, the owner of the real property located at 5190 Mason Road, Union City, Georgia 30291, has requested the conditional approval of the Fulton County Board of Commissioners via an Indemnification Agreement for Private Improvement to install stormwater infrastructure within the County’s existing sewer line easement area.
In accordance with County Policy and the Statute of Frauds, all amendments and edits to contractual agreements involving Fulton County are required to be in writing and approved by the Fulton County Board of Commissioners.
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 an existing Fulton County’s sewer 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 sewer line easement as referenced and recorded in Deed Book 70086, Page 115.
At the request of CHIDF Atlanta Hunter Road II, LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 102 square feet, and confirmed that the County’s sewer 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 Indemnification Agreement, Fulton County retains its full access to maintain its sanitary sewer service line while granting the property owner conditional approval to install stormwater improvements within the County’s sewer line easement area.
Department Recommendation: The Department of Real Estate and Asset Management, DREAM, accepts the conclusion of the Department of Public Works to formally accept the terms of 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
Approval of the Agenda Item does not involve receipt or payment of funding.