Department
Real Estate and Asset Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
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Request approval of an Indemnification, Maintenance, and Land Use Agreement for Private Improvement (Indemnification Agreement) between Fulton County, Georgia, and Brightwater Homes, 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 0 Ebenezer Road, Milton, Georgia 30075. (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 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: Brightwater Homes, LLC, the owner of the real property located at 0 Ebenezer Road, Milton, Georgia 30075, 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 referenced and recorded in Deed Book 67832, Page 343.
At the request of Brightwater Homes, LLC, the Department of Public Works completed an on-site assessment of the area, which is approximately 737 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 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
Funding Line 1:
Approval of the Agenda Item does not involve the receipt or payment of funding.