Agenda Item
i. Easement Request ~ City of Doraville ~ Walking Trail at Sequoyah Middle School
Summary: Presented by: Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County Board of Education (“the Board”) approve a grant of an easement to the City of Doraville for the construction of a trail along Stewart Road on the Sequoyah Middle School site.
Why: Granting of the easement through expansion and improvement of the walking trail would provide students, staff, and community members with a safe and convenient way to commute and engage in physical activity. The trail project can have positive impacts on student attendance and overall health.
Approval of the easement meets Strategic Goal Area 6: Organizational Excellence.
Details: The City of Doraville, in conjunction with the Path Foundation, is requesting a temporary and permanent easement on the New Sequoyah Middle School/High School site. The easements will allow the City to construct a new walking trail which can offer numerous benefits to the school district and its residents. A walking trail would provide students, staff, and community members with a safe and convenient way to commute and engage in physical activity. The trail project can have positive impacts on student attendance and overall health. It is the plan of the City of Doraville to develop and maintain the trail with minimal expenses, providing long-term benefits without significant financial burden to the district or community.
The requested easement will consist of a permanent trail easement of 1.08 acres (47,117 square feet), a temporary construction easement of .93 acres (40,570 square feet) and temporary construction access consisting of 0.40 acres (17,376 square feet) located at Stewart Road. The temporary construction easement will expire upon completion and acceptance of the project.
Financial impact: There is no financial impact associated with the permanent or temporary easement. The trail will be constructed and maintained by the City of Doraville
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
Parcel ID 18 296 05 004
Parcel Address: 3498 Pine Street
Prepared by:
Kaizen Collaborative
PATH Foundation, Inc.
Attn: Charles M. Abbott Jr., P.E.
2390 Main Street
Tucker, GA 30084
PERMANENT TRAIL 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 THE CITY OF DORAVILLE, 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 Trail Easement, for the purpose of construction and maintenance of a multipurpose trail,
said easement being that property located in Land Lot 296 of the 18th Land District, being described by the
Tax Parcel No. 18 296 05 004 of DeKalb County, Georgia, and being shown as Permanent Trail Easement,
consisting of 1.08 acres (47,117 square feet), on the Doraville Sequoyah Site Trail prepared by PATH
Foundation, Inc. and Kaizen Collaborative, for the City of Doraville and the DeKalb County Board of Education,
consisting of a drawing dated August 23, 2024, 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, outside of the
aforementioned multipurpose trail 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.
The party of the first part further covenants that no buildings or permanent structures, outside of the
aforementioned multipurpose trail 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 in the presence of: DeKalb County Board of Education
Unofficial Witness Signature
Notary Public, State of Georgia Title
DeKalb County Board of Education
Signature
Title
Parcel ID 18 296 05 004
Parcel Address: 3498 Pine Street
Prepared by:
Kaizen Collaborative
PATH Foundation, Inc.
Attn: Charles M. Abbott Jr., P.E.
2390 Main Street
Tucker, GA 30084
TEMPORARY ACCESS / LAYDOWN 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 THE CITY OF DORAVILLE, a political
subdivision of the State of Georgia, hereinafter referred to as the party of the second part
WITNESSETH: that the said parties 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 do grant, bargain, sell and convey unto the said party of the second part, its successors and assigns,
a Temporary Access / Laydown Easement, for the purpose of access and construction of a a multipurpose trail,
said easement being that property located in Land Lot 296 of the 18th Land District, being described by the
Tax Parcel No. 18 296 05 004 of DeKalb County, Georgia, and being shown as Temporary Construction
Easement Area, consisting of 0.93 acres (40,570 square feet), and Temporary Construction Access,
consisting of 0.40 acres (17,376 square feet) on the Doraville Sequoyah Site Trail prepared by PATH
Foundation, Inc. and Kaizen Collaborative, for the City of Doraville and the DeKalb County Board of Education,
consisting of a drawing dated August 23, 2024, 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, outside of the
aforementioned multipurpose trail 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.
The party of the first part further covenants that no buildings or permanent structures, outside of the
aforementioned multipurpose trail 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 in the presence of: DeKalb County Board of Education
Unofficial Witness Signature
Notary Public, State of Georgia Title
DeKalb County Board of Education
Signature
Title