Agenda Item
ii. Temporary Construction Easement and Sanitary Sewer Easement at Columbia MS - 3353 Columbia 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 47,414 square feet as well as a permanent sanitary sewer easement of 24,430 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 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 $6,700.00 for the easement to be acquired.
Financial impact: Granting the easement to DeKalb County will result in a gain of $6,700 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
Parcel ID 15 090 03 013
Prepared by and Return to:
Atlas Technical Consultants LLC
Attn: Bradford Twombly, Esq.
2540 Commerce Avenue, Suite 100
Duluth, GA 30096
PERMANENT SEWER EASEMENT
DEKALB COUNTY, GEORGIA
THIS INDENTURE, made this __________day of ____________, 2024, between DEKALB COUNTY
BOARD OF EDUCATION hereinafter referred to as party of the first part, and DEKALB COUNTY, a political
subdivision of the State of Georgia, hereinafter referred to as the party of the second part.
WITNESSETH: that the said party of the first part, for and in consideration of the sum of One ($1.00)
Dollar and other valuable considerations in hand paid, at and before the sealing and delivery of these presents,
the receipt and sufficiency whereof is hereby acknowledged, have granted, bargained, sold and conveyed and by
these presents does grant, bargain, sell and convey unto the said party of the second part, its successors and
assigns, a Permanent Sewer Easement, for the purpose of locating, constructing, installing additional lines,
maintaining, repairing, replacing and relocating within same sanitary sewer lines, said easement being that
property located in Land Lot 090 of the 15th Land District, being described by the Tax Parcel No. 15 090 03 013
of DeKalb County, Georgia, and being shown as Permanent Sewer Easement, consisting of 0.560 acres (24,430
square feet), on the Easement Plat for Project 18-030 Shoal Creek Trunk Section 2, prepared by Accura, for
the DeKalb County Department of Watershed Management, consisting of a drawing dated Novmeber 16, 2023,
a copy of which is attached hereto as Exhibit “A” and being incorporated herein by this reference. The said
Exhibit “A” shall be considered the legally controlling description of this conveyance. The party of the second
part shall have access to the said easement for the purposes previously stated.
The party of the first part does hereby covenant with party of the second part that it is the owner of record
and is lawfully seized and possessed of the property above described and has a good and lawful right to convey
said property, or any part thereof, and is free from all encumbrances, and that it will forever warrant and defend
title thereto against the lawful claims of all persons whomsoever.
The party of the first part hereby warrants and will defend that Grantor has the right to sell and convey
said interest in land and bind herself, her heirs, executors and administrators forever against the claims of all
persons whomsoever.
The party of the first part further covenants that no buildings or permanent structures will
be constructed upon, over or across the easement described herein.
The party of the first part does hereby further covenant that the grade or amount of dirt
upon, over and across the easement will not be altered without the prior permission of the party of
the second part.
The party of the first part also covenants that no changes will be made to the surface within
or adjoining the easement that would create a condition whereby standing water would accumulate
upon, over or across the easement area without the prior permission of the party of the second part.
TO HAVE AND TO HOLD, the said easement unto the party of the second part, its
successors and assigns forever.
IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal, the
day and year first above written.
Signed, sealed and delivered DeKalb County Board of Education
in the presence of:
_________________________ By: ____________________________
Unofficial Witness
_________________________ Title: ____________________________
Notary Public, State of Georgia
Parcel ID 15 090 03 013
Prepared by and Return to:
Atlas Technical Consultants LLC
Attn: Bradford Twombly, Esq.
2450 Commerce Avenue, Suite 100
Duluth, GA 30096
TEMPORARY CONSTRUCTION EASEMENT
DEKALB COUNTY, GEORGIA
THIS INDENTURE made this ____ day of _______________, 2024, between, DEKALB COUNTY
BOARD OF EDUCATION referred to as party of the first part, and DEKALB COUNTY, a political subdivision
of the State of Georgia, hereinafter referred to as the party of the second part.
WITNESSETH: that the said party of the first part, for and in consideration of the sum of One ($1.00)
Dollar and other valuable considerations in hand paid, at and before the sealing and delivery of these presents,
the receipt and sufficiency whereof is hereby acknowledged, have granted, bargained, sold and conveyed and by
these presents does grant, bargain, sell and convey unto the said party of the second part, its successors and
assigns, a Temporary Construction Easement, for the purpose of locating, constructing, installing additional
lines, maintaining, repairing, replacing and relocating within same sanitary sewer lines, said easement being that
property located in Land Lot 090 of the 15th Land District, being described by the Tax Parcel No. 15 090 03 013
of DeKalb County, Georgia, and being shown as Temporary Construction Easement, consisting of 0.028 acres
(47,414 square feet), on the Easement Plat for Project 18-030 Shoal Creek Trunk Section 2 prepared by
Accura, for the DeKalb County Department of Watershed Management, consisting of a drawing dated
November 16, 2023, a copy of which is attached hereto as Exhibit “A” and being incorporated herein by this
reference. The said Exhibit “A” shall be considered the legally controlling description of this conveyance. The
party of the second part shall have access to the said easement for the purposes previously stated.
The party of the first part does hereby covenant with party of the second part that it is the owner of record
and is lawfully seized and possessed of the property above described, and has a good and lawful right to convey
said property, or any part thereof, and is free from all encumbrances, and that it will forever warrant and defend
title thereto against the lawful claims of all persons whomsoever.
The party of the first part further covenants that no buildings or permanent structures will be constructed
upon, over or across the easement described herein.
The party of the first part does hereby further covenant that the grade or amount of dirt upon, over and
across the easement will not be altered without the prior permission of the party of the second part.
The party of the first part also covenants that no changes will be made to the surface within or adjoining
the easement that would create a condition whereby standing water would accumulate upon, over or across the
easement area without the prior permission of the party of the second part.
NOTE: The party of the second part agrees that this temporary construction easement will
terminate and be no further force and effect upon completion of the construction and installation of the
sanitary sewer lines on the property of the party of the first part as contemplated by Project 18-030.
IN WITNESS WHEREOF, the party of the first part has hereunto set is hand and seal, the day and year
first above written.
Signed, sealed and delivered. DeKalb County Board of Education
in the presence of:
_________________________ Title: _________________________
Unofficial Witness
_________________________ By: _________________________
Notary Public, State of Georgia