18-023-015 Option Revised

AID 1650893 · View on Simbli

Agenda Item

i. Approval of Temporary Construction Easement and Sanitary Sewer Easement at Columbia ES (3230 Columbia Woods Drive) ~ Updated 6.4.2024

Summary: Presented by: Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education grant to DeKalb County Department of Watershed Management a temporary construction easement of 10,315 square feet as well as a permanent sanitary sewer easement of 16,351 square feet, for the purposes of construction and ongoing maintenance of a sanitary sewer line.
Why: Granting this easement would allow DeKalb County the ability to install and maintain the sanitary sewer line to serve future homeowners.
Details: The DeKalb County Department of Watershed Management is planning sewer upgrades across the county to improve the overall sewage network and provide reliable service. The purpose of this project is to upgrade the sewer main in the requested easement area. The existing main has reached the end of its lifespan and needs to be replaced to provide quality services.

An appraisal of the site was acquired and was used to determine the Fair Market Value of $4,900 for the easement to be acquired.
Financial impact: Granting the easement to DeKalb County will result in a gain of $4,900 which will be placed in the General Fund.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447

Mr. Hans G, Williams, Director of Planning & E-SPLOST Programming, Division of Operations, 678.676.1588
Effective: Upon Board Approval
Status: Approved by General Counsel

Approved by the Office of Legal Affairs
                                                                           770.621.7200 (o)      Watershed Management
                                                                           770.621.7271 (f)       1580 Roadhaven Drive
                                                                        DeKalbCountyga.gov    Stone Mountain, GA 30083


                                                                                                 Chief Executive Officer
                                                                                                       Michael Thurmond

                                                                                                Board of Commissioners
Date:                                                                                                          District 1
                                                                                                            Nancy Jester

                                                                                                                District 2
                                                                                                               Jeff Rader

DeKalb County Board of Education                                                                                 District 3
                                                                                                           Larry Johnson
1701 Mountain Blvd
                                                                                                                District 4
Stone Mountain, GA 30082                                                                               Stephen Bradshaw

                                                                                                                District 5
              RE:     DeKalb County Capital Improvement                                            Mereda Davis Johnson
                      Project No. 18-023
                                                                                                                District 6
                      Package: 5 Extension                                                                Kathie Gannon
                      Property Address: 3230 Columbia Woods Dr. Decatur, GA 30032                              District 7
                      Project Parcel: 015                                                             Gregory Adams Sr.
                      Tax ID Number:15 135 12 088

Greetings,

DeKalb County, Georgia is in the process of acquiring property to improve and implement the
Project referenced above. To make this project possible, 10,315 square feet/acres of
Permanent Sewage Easement, and 16,351 square feet/acres of Temporary Construction
Easement, plus Site Improvements, if any is needed from your property located at 3230
Columbia Woods Dr. Decatur, GA 30032. This is more particularly shown on the plat
attached to the Option provided with his letter.

Your property has been valued by an independent, state-certified appraiser who, after careful
consideration, found the Fair Market Value of the easement rights to be purchased and the
damages, if any, to your remaining property to be $4,900.00. The attached form, entitled
“Summary Statement Basis of Just and Adequate Compensation” provides the basis for this
offer and separately states the elements comprising the established value and compensation
along with the market data in support thereof.
                                                                              770.621.7200 (o)      Watershed Management
                                                                              770.621.7271 (f)       1580 Roadhaven Drive
                                                                           DeKalbCountyga.gov    Stone Mountain, GA 30083


                                                                                                     Chief Executive Officer
                                                                                                           Michael Thurmond

                                                                                                    Board of Commissioners
Date:                                                                                                              District 1
                                                                                                                Nancy Jester

                                                                                                                    District 2
                                                                                                                   Jeff Rader

DeKalb County Board of Education                                                                                     District 3
                                                                                                               Larry Johnson
Page 2
                                                                                                                    District 4
                                                                                                           Stephen Bradshaw
Our negotiator, Ryan Wooten, who may be contacted at 470-510-9776, represents DeKalb
                                                                                                                    District 5
County, Georgia’s Department of Watershed Management and is authorized to explain this                 Mereda Davis Johnson
offer and project and further discuss the full effect of the purchase and your rights as provided
                                                                                                                    District 6
by law.                                                                                                       Kathie Gannon

                                                                                                                   District 7
If you agree to the terms expressed and contained in this Offer Package, please sign the                  Gregory Adams Sr.
enclosed documents, return them to Mr. Wooten, and they will be promptly submitted for
closing and payment.

If you have any further questions or concerns, please call Mr. Wooten at 770-510-9776.

                                                      Yours Very Truly,



                                                      Jeff Joyner
                                                      Vice President, Right-of-Way
                                                      Atlas Technical Consultants, LLC

AJJ/amb
Enclosures
       Property Owner Acknowledgment of Receipt of Plans & Explanation
       Summary Statement Basis for Just and Adequate Compensation
       Option for Permanent Sewage Easement and Temporary Construction Easement
       W-9
          SUMMARY STATEMENT BASIS FOR JUST AND ADEQUATE COMPENSATION


   (1) Project: 18-023                         County: DeKalb                     Parcel: 015
   (2) Owner Name:            DeKalb County Board of Education
       Mailing Address:       1701 Mountain Blvd
                              Stone Mountain, GA 30082
   (3) Property Address: 3230 Columbia Woods Dr. Decatur, GA 30032

(4) FAIR MARKET VALUE (See attached Market Data information.):

Fee Simple Required Right-of-Way:           SF/Acres x NA/SF/Acre             = $ 0.00
                                           10,315 SF/Acres x $0.64/SF/Acre
Permanent Sewage Easement:                                                    = $ 3,300.80
                                           x 50%
Permanent Slope Easement:                  SF/Acres x NA/SF/Acre x %          = $ 0.00
                                           16,351 SF/Acres x $0.64/SF/Acre
Temporary Construction Easement:                                              = $ 1,569.70
                                           x 15% x 1 year

Estimated Value of all
                                                         =    $0.00
Site Improvement(s):
                                                         =    $0.00
                                                         =    $0.00
                                                         =    $0.00           =

Damages to Trade Fixtures:                               =    $0.00
                                                         =    $0.00
                                                         =    $0.00
                                                         =    $0.00           =

Cost to Cure:                                            =    $0.00
                                                         =    $0.00
                                                         =    $0.00
                                                         =    $0.00

Consequential or Severance Damages:                      =    $0.00
                                                         =    $0.00
                                                         =    $0.00
                                                         =    $0.00           =

Estimated Value of REMAINDER:                       Acres                     =                          $4,870.50
TOTAL ESTIMATED
                                                  (Without the Remainder)          $4,900.00
FAIR MARKET VALUE:
                                                  (Including the Remainder)                              $

(This value is the amount approved by the State for the purchase of the required property and does not contain
conjectural decreases or increases in value caused by this project).

(5) Division of Property Interest:
(6)


                                                                                          ROW-515-A Revised: Sept. 2019
          SUMMARY STATEMENT BASIS FOR JUST AND ADEQUATE COMPENSATION

    NAME                                             KIND OF INTEREST               ESTIMATED VALUE
                                                     Permanent Sewer
    DeKalb County Board of Education                 Easement & Temporary           $4,900.00
                                                     Construction Easement

(7) If you wish to retain and remove, at your own expense, improvements owned by you, we will:

        (a) Deduct at Closing $                      (Salvage Value) and/or

        (b) Deduct at Closing $                     (Performance Bond)

                                                   Total Withheld at Closing $

You may be entitled to certain benefits under our Relocation Assistance Program. As these benefits are of a
special nature, they will be explained separately.

DATE:                                       PREPARED BY:
                                                               Ryan Wooten, Staff Negotiator




                                                                                        ROW-515-A Revised: Sept. 2019
                                   MARKET DATA INFORMATION

Comparable Sales Map




            Location                      Date of Sale   Size         Price per Unit
            3701 Rainbow Dr.                             6.20 AC      $10,484/AC
  Sale #1   Tax ID#15 124 01 006          07/25/2023     270,072 SF
            8637 Covington Hwy                           16.4 AC      $30,038/AC
  Sale #2   Tax ID#16 202 02 005          09/29/2021     714,384 SF
            1663 Rock Chapel Rd                          10.70 AC     $34,882/AC
  Sale #3   Tax ID#16 188 01 004          01/28/2022     466,092 SF
                                               “Other Provisions”
        This agreement shall be binding upon the Grantor and its heirs, executors, administrators, successors and
assigns, notwithstanding the prior acceptance of this offer. The Grantee in lieu of completing the purchase of
said premises, may at any time prior to closing, proceed to acquire the same by condemnation. Loss or damage
to the property by fire or casualty shall be at the risk of the Grantor until title has been conveyed to the Grantee.


Signed, Sealed and Delivered this            , day of                                  , 20         ,
in the presence of:


                                                          DeKalb County Board of Education
  Unofficial Witness


                                                           By:
  Notary Public, State of
  My Commission Expires
                                                          (Print Name)



                                                          (Title/Position)



                                      ACCEPTED: DEKALB COUNTY, GEORGIA


                                                                             (Date)
                                      By:
Parcel No(s). «TaxID»
FEIN OR TAX ID NUMBER:

 SSN                      -             -
    :
    -
 OR-
 EIN                  -
    :
                                        DEKALB COUNTY

                               OPTION FOR PERMANENT SEWER EASEMENT &
                                 TEMPORARY CONSTRUCTION EASEMENT

PROJECT: 18-023                                                                      PARCEL: 015


         In consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, the receipt whereof
is hereby acknowledged, DeKalb County Board of Education the undersigned (“Grantor”), being the owner of the parcel
identified on the map dated September 21, 2020, and attached as Exhibit “A”, hereby bind myself, my heirs, executors and
assigns as follows:

        Within (120) days hereof, I agree to convey and deliver to DeKalb County, Georgia (“Grantee”) or its successor,
assignee or nominee, an unencumbered 10,315 square feet/acres in permanent sewer easement and 16,351 square
feet/acres in temporary construction easement for the DeKalb County Sewer Project 18-023 Package 5 EXT, said
easements being further shown on Exhibit “A”.

     Upon conveying and delivering the easements, DeKalb County, Georgia shall pay me the sum of FOUR
THOUSAND NINE HUNDRED AND 00/100 ($4,900.00).
             OWNER’S RECEIPT OF PLANS & EXPLANATION
                      ACKNOWLEDGMENT
                                   DATE:


OWNER NAME:                                    DeKalb County Board of Education
MAILING ADDRESS:                               1701 Mountain Bvd
                                               Stone Mountain, GA 30082

TYPE:           ____________                   PROJECT: 18-023

PROPERTY ADDRESS:              3230 Columbia Woods Dr. Decatur, GA 30032

PARCEL:                        015


I have this day received the following full sized and / or half-sized (to scale) and accompanying legal
description plan sheets:

Plans dated: September 21, 2020        Last revised: N/A

         (Negotiator to initial and date bottom right corner of plan sheets on date given to property owner)


I further acknowledge the Land Acquisition Consultant / Negotiator Ryan Wooten, representing the DeKalb
County Department of Watershed Management, explained the above-stated plans to me (us) and the effects of
the proposed project on my (our) property as of this date.

         ______________________________               ________________________________
               (Owner Name – Printed)                       (Owner Signature)


         ______________________________               ________________________________
               (Owner Name – Printed)                       (Owner Signature)


DeKalb County DWM Representative:              Ryan Wooten

Phone:                                         470-510-9776

Email:                                         ryan.wooten@oneatlas.com


                (DWM Signature)                                              (Date)
                                             EXHIBIT “B”
                                        SPECIAL STIPULATIONS

Property Owner:       DeKalb county Board of Education
Project Name:         Package 5 EXT
Project Number:       18-023
Parcel Number:        015




Owner Initials              Date                         ATLAS Initials   Date

Approved:
            DeKalb County                 Date
                                                NEGOTIATION RECORD

PROJECT 18-023 Package 5 EXT                              COUNTY DeKalb               PARCEL 015
                                                                                      FEMALE                YES   NO
OWNER-TENANT DeKalb County Board of Education                                         MINORITY              YES   NO

ADDRESS 1701 Mountain Blvd, Stone Mountain, GA 30082                          PHONE EMAIL___________________

AGENT                                                                         PHONE
                    (NAME)                        (ADDRESS)

ATTORNEY                                                                      PHONE
                    (NAME)                        (ADDRESS)


The undersigned hereby acknowledges that the subject PARCEL is to be secured for use in connection with
the aforesaid PROJECT, and I (WE) have no direct or indirect, past or present, or contemplated future
personal interest in parcel or in any benefit from the acquisition of such property.

Staff or Consultant NEGOTIATOR:                                                       DATE
Monetary offer for the above-named interest: $4,900.00
The following is to be answered prior to and following first contact:
TITLE INFORMATION
           Preliminary title report in:     YES      NO   Copy of deed attached to report:      YES    NO

           Date of Deed                                            Indicated purchase price $

           Names and Addresses of all parties secured during contact including Tenants           YES    NO
CONSTRUCTION DETAILS

           Access rights required:        YES   NO

           Any construction features that are pertinent to R/W negotiations
           (Grade change, drainage, proximity to improvements, etc.):




Date Assigned:                                    Date First Offer Made:

See Attached Record for Details.

I (WE), the undersigned, do hereby certify that:

    (1) The written agreement secured embodies all of the considerations agreed upon between the County and the
        property owner
    (1) The agreement was reached without coercion or threats of any kind whatsoever by or to either party
    (2) This negotiation record and parcel file is complete and contains all required documentation.

This the                      day of                                          ,

NEGOTIATOR                                                                            DATE

TEAM LEADER                                                                           DATE

APPEALS OFFICER OR                                                                    DATE
CONSULTANT COORDINATOR