File #: 24-0875    Version: 1 Name:
Type: Consent - Open & Responsible Government Status: Agenda Ready
File created: 11/20/2024 In control: Board of Commissioners
On agenda: 12/18/2024 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 AG EHC II (EMP) MULTI STATE 2, LLC for the purpose granting conditional approval to allow stormwater infrastructure to remain within a portion the County's existing sanitary sewer easement at 3000 Hembree Road, Alpharetta, Georgia 30009. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
Attachments: 1. SS IA AG (Executed)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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 AG EHC II (EMP) MULTI STATE 2, LLC for the purpose granting conditional approval to allow stormwater infrastructure to remain within a portion the County's existing sanitary sewer easement at 3000 Hembree Road, Alpharetta, Georgia 30009. (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 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
All Districts ?
District 1 ?
District 2 ?
District 3 ?
District 4 ?
District 5 ?
District 6 ?

IS THIS A PURCHASING ITEM?
No

SUMMARY & BACKGROUND AG EHC II (EMP) MULTI STATE 2, LLC, the owner of the real property located at 3000 Hembree Road, Alpharetta, Georgia 30009, 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 sewer line easement area.

In accordance with County Policy and the Statue of Frauds, all amendments and edits to contractual agreements involving F...

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