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 between Fulton County, a political subdivision of the State of Georgia, and Old Milton Residential Development, LLC for the purpose of granting conditional approval to allow stormwater pipelines within the County’s existing water line easement 0 Hickory Pass, Milton, Georgia 30004. (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: Old Milton Residential Development, LLC, the owner of the real property located at 0 Hickory Pass, Milton, Georgia has requested the conditional approval of the Fulton County Board of Commissioners to allow stormwater pipes within the County’s existing water line easement.
Old Milton Residential Development, LLC, the Fulton County Department of Real Estate and Asset Management and the Fulton County Department of Public Works are requesting the approval of the Fulton County Board of Commissioners to amend the terms of the County’s water line easement for this location.
The Department of Public works has completed an onsite assessment of the encroachment area of approximately 800 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 affirm the terms of Fulton County’s conditional approval of the encroachment of private improvements within the County’ water line easement area at 0 Hickory Pass, Milton, Georgia.
Community Impact: Approval of the Indemnification Agreement will allow the Fulton County Department of Public works full access to maintain its water service line while granting the property owner the conditional approval to install and maintain stormwater pipes 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 the County’s water system or restrictions in access to maintain the onsite water service line will result by allowing stormwater pipes on the property.
Community Issues/Concerns: None.
Department Issues/Concerns: None.
Fiscal Impact / Funding Source
Funding Line 1:
n/a