Agenda Item
i. Approval of the Amended Easement Agreement with the City of Dunwoody at the Austin Elementary Site
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve an amendment to the existing easement with the City of Dunwoody to allow for the maintenance of utilities serving the City of Dunwoody property.
Why: To allow the City of Dunwoody to maintain and modify utilities within the North Access Easement. The amended easement will help the City of Dunwoody manage the utilities that serve the Dunwoody Nature Center.
Details: The City of Dunwoody has requested an amendment to the existing 2017 North Access Easement. The City of Dunwoody is looking to expand the current access easement which provides access to the Austin Elementary driveway to reach the Dunwoody Nature Center to now also include maintaining utilities that service the nature center. The City of Dunwoody is building an addition to the Nature Center that would require a new water line to be installed. The amendment will allow the City of Dunwoody the right to construct, install, operate, alter, repair, modify, and replace lines within the easement area. This amendment to the easement will not impact access to the Austin Elementary facility.
Financial impact: There is no financial impact on the DeKalb County School District or the City of Dunwoody associated with this easement request.
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 the Office of Legal Affairs
Upon recording return to:
Nelson, Mullins, Riley & Scarborough, LLP
201 171h Street, NW
17 th Floor
Atlanta, Georgia 30363
Attn: Cheryl V. Shaw, Esq
EASEMENT AGREEMENT
TIDS EASE1\.1ENT AGREE:MENT (the "Agreement") is made this 20th day of January, 2017
(the "Effective Date") by and among DEKALB COUNTY BOARD OF EDUCATION, a political
subdivision of the State of Georgia ("DCBOE") and the CITY OF DUNWOODY, GEORGIA, a
municipal corporation of the State of Georgia ("City").
WI1NESSETH:
WHEREAS, DCBOE is the owner and holder of the fee simple title to certain property lying and
being in Land Lot 376 of the 18th District of DeKalb County, Georgia and more particularly described on
Exhibit "A" attached hereto and by this reference made a part hereof (the "DCBOE Property");
WHEREAS, City is the owner and holder of the fee simple title to certain property lying and
being in Land Lots 376 and 379 of the 18th District of DeKalb County, Georgia and more particularly
described on Exhibit �'B" attached hereto and by this reference made a part hereof (the "City Property");
WHEREAS, the Parties desire to enter into and grant certain easements to one another on and
subject to the terms and conditions set forth herein below
NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) in hand
paid by the parties one to the other, the covenants contained herein and other good and valuable
consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, DCBOE and City
hereby agree as follows:
1. DCBOE Grant of Parking Easement to City: DCBOE hereby declares, establishes,
creates, grants, and/or conveys to and for the benefit of City, and its agents, employees, volunteers,
invitees, successors and assigns a perpetual, non-exclusive easement (the "City Parking Easement") for
the purpose of parking vehicles in approximately (59) unreserved and non-exclusive parking spaces now
existing or hereinafter constructed within that portion of DCBOE Property depicted on Exhibit "C"
attached hereto and incorporated herein by this reference during all times, and in the other parking lots
and spaces now existing or hereinafter constructed on the DCBOE Property - but only after school hours
(the "DCBOE Parking Easement Area") together with access to and from the DCBOE Parking
Easement Area, and for the purpose of vehicular and pedestrian access to, ingress to and egress from the
AustinE.S.
DCBOE Parking Easement Area in, on, over, and across the paved entranceways, drive lanes, and/or
ramps located within the DCBOE Parking Easement Area.
2. Easement for Use of DCBOE North Access Easement for Access to the City Properfy.
DCBOE hereby declares, establishes, creates, grants, and/or conveys to and for the benefit of City; and its
agents, employees, volunteers, invitees, successors and assigns a non-exclusive easement in perpetuity
on, over, upon, through, under and across that portion of the DCBOE Property identified and described on
Exhibit "C" as the "North Access Easement" (the "North Access Easement") for ingress and egress to
acc�ss the City Property and for the purpose of constructing, installing, operating, altering, repairing,
modifying, replacing and maintaining utilities serving the City Property.
. 3. Easement for Use of DCBOE South Drive for Bus Access Only to the City Properfy.
DCBOE hereby declares, establishes, creates, grants, and/or conveys to and for the benefit of City, and
its agents, employees, volunteers, invitees, successors and assigris a non-exclusive easement in perpetuity
on, over, upon, through, under and across that portion of the DCBOE Property identified and described on
Exhibit "C" as the "South Access Easement" (the "South Access Easement") for bus use (ingress and
egress) only to access the City Property. DCBOE shall erect, install and maintain visible signage limiting
the City's use of the South Access Easement to bus use.
4. DCBOE Grant of Sanitary Sewer Easement to Cizy. DCBOE hereby declares,
establishes, creates, grants, and/or conveys to and for the benefit of the City, and its successors and
assigns a non-exclusive easement in perpetuity on, over, upon, through, under and across that portion of
the DCBOE Property identified and described on Exhibit "C" (the "Sanitary Sewer Easement ") for the
installation and maintenance of a sanitary sewer line and connection, along with rights of entry, ingress
and egress upon and across the DCBOE Property as needed for access to the Sanitary Sewer Easement
and the purposes of the Sanitary Sewer Easement.
5. Cizy's Grant of Temporary Construction Easement to DCBOE. City hereby grants and
conveys to DCBOE: a temporary, non-exclusive construction easement over and across those portions of the
City Property identified and described on Exhibit "C" for DCBOE's reasonable use to construct a school on
the DCBOE Property. This temporary construction easement shall expire on the earlier of DCBOE's
completion of the school or December 31, 2019 . DCB OE shall use reasonable means to protect and preserve
the existing trees and shrubs on the City Property, and to otherwise minimize disturbance to the City
Property. All construction and all other work or activities performed hereunder by DCBOE or its
designee shall be done in accordance with reasonable commercial standards, and the City Property shall
be left in a clean and good condition, with all debris removed therefrom, and all areas and other
improvements which have been disturbed by such work shall be restored to their former condition as
nearly as practicable.
6. Reservation of Rights.
(a) DCBOE Reservation of Rights. DCBOE hereby reserves all its right, title and interest in
and to the DCBOE Property incident to the fee simple estate thereof and for any and all purposes not
inconsistent with DCBOE's declaration of the easements granted hereunder and as expressly permitted
herein.
(b) Cizy Reservation of Rights. The City hereby reserves all its right, title and interest in and
to the City Property incident to the fee simple estate thereof and for any and all purposes not inconsistent
with City's declaration of the easements granted hereunder and as expressly permitted herein.
AustinE.S.
7. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and understanding between DCBOE and City relating to the subject matter hereof and may not be
amended, waived or discharged except by instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
8. Severability. The invalidity of any one of the covenants, agreements, conditions or
provisions of this Agreement, or any portion thereof, shall not affect the remaining portions thereof, or
any part thereof, and this Agreement shall be modified to substitute in lieu of the invalid provision, a like
and valid provision which reflects the agreement of the parties with respect to the covenant, agreement,
condition or provision which has been deemed invalid.
9. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Georgia.
10. Counter.parts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and all of which shall together constitute one and the same document.
IN WI1NESS WHEREOF, each of DCB OE and City has caused its authorized representatives to
execute this Agreement on the day first above written.
Austin E.S.
Signed, sealed and delivered in the presence of: DCBOE
DeKalb County Board of Education,
a political subdivision of the State of GA
______________________________ By: ___________________________
Unofficial Witness Diijon DaCosta, Sr, Board Chair
______________________________
Notary Public
My Commission Expires: Attest:
By: ____________________________
______________________________ Dr. Devon Horton, Superintendent
(NOTARIAL SEAL)
Austin E.S.
Signed, sealed and delivered in the presence of: CITY OF DUNWOODY, GEORGIA
______________________________ By: ___________________________
Unofficial Witness Lynn P. Deutsch, Mayor
Notary Public
My Commission Expires: Attest:
By: ____________________________
______________________________ Sharon Lowery, City Clerk
(NOTARIAL SEAL) Approved as to Form and Content:
By: ___________________________
City Attorney
Austin E.S.
Exhibit "A "
Legal Description - DCBOE Property
(New Austin E.S .site)
All that tract or parcel ofland , together with improvements thereon, situate, lying and being in
Land Lot 376ofthe 18th District, DeKalb County, Georgia, and being more particularly
described as follows:
Commence at the center line intersection of Roberts Drive, having a variable right ofway, and
Holly Bank Circle , having a 60' right ofway; thence S 20° 44'05" Ea distance of233.97'to a¾"
open top pipe on the eastern right of wayof Roberts Drive, said point having Geodetic
coordinates (Georgia State Plane Coordinate System , Western Zone, Northing 1439665.79,
Easting 2245297.59);
thence traveling in a southerly direction along the right ofway ofRoberts Drive with a curve
turning to the right with an arc length of173.26', with a radius of 633.29', with a chord bearing of
S 00° 27'46" E, with a chord length of172.72'to a point, which is the Point ofBeginning�
thence leaving said right ofway S 54° 07'51" Ea distance of 27.80'to a point;
thence S 89° 16'28" Ea distance of1�4.51' to a point;
thence S 85° 32'25" Ea distance of167.58'to a point;
thence S 89° 18'23" Ea distance of 167.29'to a point;
thence with a curve turning to the right with an arc length of30.11', with a radius of537.00', with
a chord bearing ofS 69° 54'26" E, with a chord length of30.11'to a point;
thence with a curve turning to the right with an arc length of 146.16', with a radius of537.00',
with a chord bearing ofS 60° 30'13" E, with a chord length of145.71'to a point;
thence with a reverse curve turning to the left with an arc length of70.45', with a radius of
104.00', with a chord bearing ofS 72° 06'45" E, with a chord length of 69 .11'to a point;
thence N 88° 28'52" Ea distance of95.65'to a point;
thence S 02° 02'44" Ea distance of50.75' to a point;
thence S 26° 38'33" W a distance of72.06'to a point;
thence with a curve turning to the right with an arc length of252.18', with a radius of272.50',
with a chord bearing ofS 37° 28'35" E, with a chord length of 243.28' to a point;
thence S 10° 57'52" Ea distance of123.48'to a point;
Austin E.S.
thence S 02°11'40" W a distance of110.91' to a point;
thence N 87°48'20" W a distance of1115.32' to a point. on the eastern right ofway ofRoberts
Drive;
thence continuing along said right ofway N 13°08108"Ea distance of71.97' to a point;
thence N 13°08108"Ea distance of49.70' to a point;
thence leaving said right ofway S 37 °20'06"Ea distance of38.19' to a point;
thence S 87°48'20"Ea distance of259.55' to a point;
thence N 47°11'40"Ea dista nce of49.50 1 to a point;
thence N 02°10'04"Ea distance of206.48' to a point;
thence N 29°42'34"Ea distance of86.95' to a point;
thence N 00°07 158 11Ea distance of170.88' to a point;
thence N 89°26'28 11 W a distance of82.49' to a point;
thence with a curve turning to the left with an arc length of27.67', with a radius of94.65', with a
chord bearing ofS 76 °40'09" W, with a chord length of27.57' to a point;
thence with a reverse curve turning to the right with an arc length of92.42', with a radius of
120.191, with a chord bearing ofN 89°12'42" W, with a chord length of90.16' to a point;
thence N 84°27'45" W a distance of64.12' to a point;
thence S 53°55'16" W a: distance of8.43' to a point to the eastern right ofway ofRoberts Drive;
thence along said right ofway with a curve turning to the left with an arc length of33.84', with a
radius of1943.89', with a chord bearing ofN 10°43'51"E, with a chord length of33.83';
thence with a compound curve turning to the left with an arc length of37.52', with a radius of
633.29', with a chord bearing ofN 09 °04121 11E, with a chord length of37.51', which is the Point
ofBeginning�
having an area of10.28 acres, more or less, and being more particularly described as DCSD
Tract on a Subdivision Plat for DeKalb County Board ofEducation by Matthew D. Ulmer,
Georgia Registered Land Surveyor (Baseline Surveying &Engineering, Inc.), dated 12/05/16.
Together with and su�ject to an easement reserved by City ofDunwoody.in Quitclaim Deed
from City ofDunwoody, Georgia to DeKalb County, Georgia, dated March 22, 2013, filed June
10, 2013, recorded in Deed Book 23821, Page 188, DeKalb County, Georgia Records.
AustinE.S.
Exhibit "B"
Legal Description of City Property
Tract 1 - 16.44 Acre. DeKalb County. Georgia
All that tract ofland, together with improvements thereon, situate, lying and being in the 18th
Land District, Georgia Land Lot 376, in DeKalb County, Georgia, and being more particularly
described as follows:
Commence at the center line intersection ofRoberts Drive, having a variable right ofway, and
Holly Bank Circle, having a 60 foot right ofway; thence S 20° 44'05" Ea distance of233.97'to a
¾" open top pipe on the eastern right ofway ofRoberts Drive, said point having Geodetic
coordinates (Georgia State Plane Coordinate System, Western Zone, Northing 1439665.79,
Easting 2245297.59);
thence leaving said right ofway S 89° 27'02" Ea distance of10.81' to a point;
thence S 87° 19'18" Ea distance of605.03'to a½" open to pipe;
thence S 87° 24'04" Ea distance of275.01' to a½" closed top pipe;
thence S 89° 32'45" Ea distance of359.05' to an iron pin;
thence N 89° 28'30" Ea distance of16.65' to an iron pin;
thence S 09° 29' 25" W a distance of 183.75'to a¾" crimp top pipe, which is the point of
beginning .
thence S 88° 52'59" Ea distance of40.87' to a½" closed top pipe;
thence S 05° 35'41" W a distance of131.81'½" open top pipe;
thence S 89° 17'28" Ea distance of989.98'to a½" open top pipe;
thence S 14° 23'42" W a distance of116.60'to an iron pin;
thence S 14° 13'41" W a distance of422.04'to a½" open top pipe;
thence N 87° 48'20" W a distance of1145.34' to a point;
thence N 02° 11'40" Ea distance of110.91'to a point;
thence N 10° 57'52" W a distance of123.48' to a point;
thence with a curve turning to the left with an arc length of252.18', with a radius of272.50', with
a chord bearing ofN 37° 28'35" W, with a chord length of243.28', to a point;
thence N 26° 38'33" Ea distance of72.06' to a point;
thence N 02° 02'44" W a distance of50.75' to a point;
Austin E.S.
thence S 88°28'52" W a distance of95.65' to a point;
thence with a curve turning to the right with an arc length of70.45', with a radius of104.00', with
a chord bearing ofN 72° 06'45" W, with a chord length of 69.11' to a point;
thence with a reverse curve turning to the left with an arc length of146.16', with a radius of
537.00', with a chord bearing ofN 60°30'1311 W, with a chord length of145.71' to a point;
thence S 89°18'23"Ea distance of684.31' to a point, which is the point ofbeginning;
having an area of16.44 acres, more or less, and being more particularly described as Tract 1 on a
Subdivision Plat for DeKalb County Board ofEducation by Matthew D. Ulmer, Georgia
.Registered Land Surveyor (Baseline Surveying & Engineering, Inc.), dated 12/05/16.
Tract 2 .. 5.26 Acre Tract 2 • DeKalb County, Georgia
All that tract or parcel ofland, together with improvements thereon, situate, lying and being in
Land Lot 376 ofthe 18th District, DeKalb County, Georgia, and being more particularly
described as follows:
Commence at the center line intersection ofRoberts Drive, having a variable right ofway, and
Holly Bank Circle, having a 60 foot right ofway; thence S 20°44'05" Ea distance of233.97' to a
¾" open top pipe on the eastern right ofway ofRoberts Drive, said point having Geodetic
coordinates (Georgia State Plane Coordinate System, Western Zone, Northing 1439665.79,
Easting 2245297.59) which is also the point ofbeginning;
thence leaving said right ofway S 89°27'02"Ea distance of10.81' to a point;
thence S 87° 19'18"Ea distance of605.03' to a½" open top pipe;
thence� 87° 24'04"Ea distance of 275.01' to a½" closed top pipe;
thence S 89° 32'45" Ea distance of 359.05' to an iron pin;
thence N 89° 28'30" E a distance of16.65' to an iron pin;
thence S 09°29'25" W a distance of 183.75' to a¾" crimp top pipe;
thence N 89° 18'23" W a distance of684.31' to a point;
thence with a curve turning to the left with an arc length of30.11', with a radius of537.00', with
a chord bearing ofN 69° 54'26" W, with a chord length of30.11', to a point;
thence N 89° 18'23" W a distance of167.29' to a point;
thence N 85°32'25" W a distance of167.58' to a point;
AustinE.S.
thence N 89°16'28" W a distance of164.51' to a point;
thence N 54°07'51" W a distance of27.80' to a point on the eastern right of way ofRoberts
Drive;
thence along said right of way with a curve turning to the left with an arc length of173.26', with
a radius of633.29', with a chord bearing ofN 00°27'46 11 W, with a chord length of172.72', to a
¾" open top pipe, which is the point ofbeginning;
having an area of5 .26 acres, more or less, and being more particularly described as Tract 2 on a
Subdivision Plat for DeKalb County Board ofEducation by Matthew D. Ulmer, Georgia
Registered Land Surveyor (Baseline Surveying & Engineering, Inc.), dated 12/05/16.
Additional Tract - 1.40 Acre Fire Station Tract (aka Tract 4)- DeKalb County, Georgia
All that tract or parcel ofland, together with improvements thereon, situate, lying and being in
Land Lot 376 ofthe 18th District, DeKalb County, Georgia, and being more particularly
described as follows:
Commence at the center line intersection ofRoberts Drive, having a variable right ofway, and
Holly Bank Circle, having a 60' right ofway; thence S 20°44'05" E a distance of233.97' to a¾"
open top pipe on the eastern right ofway ofRoberts Drive, said point having Geodetic
coordinates (Georgia State Plane Coordinate System, Western Zone, Northing 1439665.79,
Easting 2245297 .59); thence, traveling in a southerly direction along the �ght ofway of Roberts
Drive with a curve turning to the right with an arc length of173.26', with a radius of633.29',
with a chord bearing ofS 00°27'46" E, with a chord length of172.72'; thence with a compound
curve turning to the right with an arc length of37.52', with a radius of633.29', with a chord
bearing ofS 09°04'21" W, with a chord length of37.51'; thence with a compound curve turning
to the right with an arc length of33.84', with a radius of1943.89', with a chord bearing ofS
10°43'51" W, with a chord length of33.83'; thence with a compound curve turning to the right
with an arc length of 271.63', with a radius of6478.44', with a chord bearing ofS 12°26'57" W,
with a chord length of271.61', which is the point ofbeginning.
Thence leaving said right ofway S 83° 40'24" E a distance of84.20' to a point;
thence N 12°35'16" E a distance of 19.58' to a point;
thence S 81° 07'34" E a distance of67.11' to a point;
thence S 18° 17'06" W a distance of21.35' to a point;
Austin E.S.
thence S 66°33'57 11 Ea distance of24.64' to a point;
thence S 55°14'31" Ea distance of19.48' to a point;
thence N 11 °34'50 11 Ea distance of15.58' to a point;
thence S 78° 14'24" Ea distance of39.28' to a point;
thence N 45°31�37 11 Ea distance of80.44' to a point;
thence S 02 °10'04" W a distance of206.48' to a point;
thence S 47°11'40" W a distance of49.50' to a point;
thence N 87 °48'20" W a distance of259.55' to a point;
thence N 37 °20'06 11 W a distance of38.19' to a point on the eastern right ofway ofRoberts
Drive;
thence along said right ofway N 13°08'08" E a distance of182.52' to a point, which is the point
ofbeginning;
having an area of 1.40 acres, more or less, and being more particularly described as Fire Station
Tract on Subdivision Plat for DeKalb County Board ofEducation by Matthew D. Ulmer,
Georgia Registered Land Surveyor (Baseline Surveying & Engineering, Inc.), dated 12/05/16.
Austin E.S.
EASEMENT EXHIBIT 'C'
ACCESS EASEMENT
AREA AUSTIN E·.S. EASEMENT SKETCH
c=J PARKING EASEMENT
AREA
·- �..··-·"··--·· ..
CJ iEMPORARY
CONSTRUCTION
EASEMENT AREA
OTP
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011'
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SANITARY SEWER
EASEMENT AREA NORTH ACCESS
EASEMENT
EASEMENT AREA FOR PARKING
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TEMPORARY
TEMPORARY
CONSTRUCTION TIUCT"J"
,� - ·CONSTRUCTION
EASEMENT AREA #1. C£L#/8J760/ ]88
EASEMENT AREA #2.
1.8/ACRES
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SOUTH ACCESS
EASEMENT
• SCALE: 1 "=160'