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 Hugo Posh Holdings, LLC for the purpose granting conditional approval to install stormwater piping, fencing, light fixtures, a retention wall, an impervious plaza surface, a paved ramp, and landscaping within the County’s existing sanitary sewer easement at 1076 Canton Street, Roswell, Georgia 30075 for the 1076 Project. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
body
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].” Further, Fulton County Code § 102-414 requires that “all contracts for counties must be in writing and approved by the board of commissioners.”
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: Hugo Posh Holdings, LLC, the owner of the real property located at 1076 Canton Street Road, Roswell, Georgia 30075 has requested the conditional approval of the Fulton County Board of Commissioners to allow stormwater piping, fencing, light fixtures, a retention wall, an impervious plaza surface, a paved ramp and landscaping within the County’s existing sewer easement onsite.
At the request of the fee simple property owner, Hugo Posh Holdings, LLC, the Fulton County Department of Real Estate and Asset Management and the Fulton County Department of Public Works request approval to amend the terms of the County’s sewer easement for this location.
The Department of Public works has completed an onsite assessment of the encroachment area of approximately 1,942 square feet and confirmed the County’s sewer 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’ sanitary sewer easement area at 1076 Canton Street Road, Roswell, Georgia 30075.
Community Impact: The Indemnification Agreement allows Fulton County full access to maintain its sanitary sewer service line while granting the property owner the conditional approval to construct and install stormwater piping, fencing, light fixtures, a retention wall, an impervious plaza surface, a paved ramp and landscaping within the County’s sewer 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 sanitary sewer service or access to the sanitary sewer line will result by allowing the requested encroachment to Hugo Posh Holdings, LLC.
Community Issues/Concerns: None.
Department Issues/Concerns: None.