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 Jen Georgia 18, LLC, for the purpose of granting conditional approval to allow stormwater piping and tree planters within the County’s existing water line easement area at 314 Thompson Street et al, 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 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].” Further, O.C.G.A. § 36-10-1 provides that “[a]ll contracts entered into by the county governing authority with other persons in behalf of the county shall be in writing and entered on its minutes.”
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: Jen Georgia 18, LLC, the owner of the real property located at 314 Thompson Street et al, Alpharetta, Georgia have requested the conditional approval of the Fulton County Board of Commissioners to allow stormwater piping and tree planters within the County’s existing water line easement.
In accordance with County Policy and the Statue of Frauds, all amendments and edits to contractual agreements involving the County are required to be in writing and approved by the Fulton County Board of Commissioners. At the request of the fee simple property owner, Jen Georgia 18, 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 water line easement for this location
The Department of Public Works has completed an onsite assessment of the encroachment area of approximately 517 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, Maintenance, and Land Use Agreement for Private Improvement (“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 314 Thompson Street et al, Alpharetta, Georgia.
Community Impact: The Indemnification Agreement allows Fulton County full access to maintain its water line while granting the property owner the conditional approval to install and maintain stormwater piping and tree planters 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 water service or access to the water line will result by allowing stormwater pipe and tree planters on the property within the vicinity of the water line.
Community Issues/Concerns: None.
Department Issues/Concerns: None.