Legislation Details

File #: 26-0233    Version: 1 Name:
Type: Consent - Open & Responsible Government Status: Agenda Ready
File created: 4/13/2026 In control: Board of Commissioners
On agenda: 5/6/2026 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 Arkan Bethany, 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 3475-95 Bethany Bend, Milton, Georgia 30004.
Attachments: 1. Arkan at Bethany LLC - SEWER Indemnity Agreemnt
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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 Arkan Bethany, 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 3475-95 Bethany Bend, Milton, Georgia 30004.
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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:

Scope of Work: Arkan Bethany, LLC, the owner of the real property located at 3475-95 Bethany Bend, Milton, Georgia 30004, has requested the conditional approval from 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 Statute of Frauds, all amendments and edits to contractual agreements involving Fulton County are required to be in writing and approved...

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