ROE Form - 1402 Austin Drive

AID 1820900 · View on Simbli

Agenda Item

i. Easement ~ Right of Entry Request ~ DeKalb County~ DeKalb Preparatory Charter Academy Site

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 the Right of Entry agreement with the DeKalb County Government (“the County”) and/or its contractor (SAK Construction Company/ RK Reeves & Associates) for the purpose of completing critical system repairs and upgrades to the sewer system at the DeKalb Preparatory Academy Charter at Former Glen Haven Elementary School site.
Why: Granting of the easement supports sewer system operations, improved drainage to DeKalb Preparatory Academy Site (“the Site”) and other DeKalb County residences. Additionally, it allows DeKalb County Government to repair, upgrade and maintain the sewer system at the DeKalb Preparatory Charter Academy site.

Approval of the Right of Entry easement meets Strategic Goal Area 6: Organizational Excellence.
Details: The property site is 1402 Austin Drive, Decatur, GA 30032 - DCSD charter DeKalb Preparatory Academy. There is an existing Drainage Easement to Dekalb County Government dated January 10, 1977.

The Right of Entry Easement is requested to grant the DeKalb County government and/or its contractor (SAK Construction Company/ RK Reeves & Associates) permission to enter the property at 1402 Austin Drive site. The County will perform work on the draining system to include cleaning, needed construction, rehabilitation, maintenance, and manhole rehabilitation to improve services to the site and surrounding area.
Financial impact: There is no financial impact regarding the Right of Entry agreement between the DeKalb County Government and the DeKalb County Board of Education.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-0168
Mr. Hans Williams, Dir. Planning & E-SPLOST Programming, 678-676-1588
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
          RIGHT OF ENTRY (ROE) PERMISSION FORM
 Date and Time                                           March 18, 2025

 Property Address                                        1402 Austin Drive, Decatur 30035
 Name (Print)
 Property Owner                                          DEKALB COUNTY BOARD OF EDUCATION
 Phone Number (Home and/or Work)
 Property Owner
 Name (Print)                                          SAK Construction Company Co-op Project/RK Reeves
 County or Contractor Employee                         & Associates, Inc., Public Outreach Subcontractor
 Phone Number
 County or Contractor Employee                           770-414-7975

 ROE Tracking Number
                                                         15 196 02 001

DeKalb County (“County”) anticipates that it and/or its contractor may be required to be both on and outside the
right-of-way or County-owned easement area located on or adjacent to your property to complete critical system
repairs and upgrades to the sewer system as part of the Gravity Sewer System Rehabilitation, Replacement and
Construction Project. Your permission may be required for County crews and/or Contractors to perform work
outside dedicated easements or rights of way. This project is required by the December 20, 2011 Consent Decree
mandated by the United States Environmental Protection Agency (EPA) and the State of Georgia Environmental
Protection Division (EPD). The County is seeking your consent for work to begin on the property at the address
noted above.

This ROE Permission Form includes the following:
• Attachment 1: DeKalb County Code Sec. 17-6 (Obstructions to right-of-way)
• Attachment 2: Approximate location of the sewer main across the above listed property

The County and its contractor(s) are required to restore your property and any authorized improvements back
to substantially the same condition once the work is complete. This includes any portion of authorized driveways,
fences, and trees, and the potential replacement of any lawn areas with new seed or sod. Excavated material will
be used as backfill when possible.

Please note however, that the County will not be responsible for damages to, or replacement of, any irrigation
systems, fences, wires, poles, or structures that have been installed either: (1) in the County Right-of-Way in
violation of DeKalb County Code Sec.17-6 (see below); or (2) in any County-owned easement area in violation of
the terms of such easement.

I,                                         (Property Owner), do hereby give my permission for the County and/or its
contractor to enter my property and perform the needed construction and/or rehabilitation work. The right of entry
will remain in effect until the repair, rehabilitation, or maintenance is complete.



Signature (Property Owner)                                            Date



Signature (County Representative/Firm)                                Date

              4572 Memorial Drive, Decatur, GA 30032 ● (770) 621-7200 (T) ● (404) 298-4443 (F)
                                         www.dekalbwatershed.com
ROE Permission Form                                                                                   Page 2



Attachment 1:

Sec. 17-6. - Obstructions to right-of-way.
(a)
Prohibited. It shall be unlawful for any person to obstruct the right-of-way of any public road, street or
other easement in the unincorporated area of the county by placing or maintaining thereon any
obstruction, whether it is in the nature of shrubbery, signs, fences or whatever, which interferes with the
clear view of motorists or the free passage of pedestrians thereon.

(b)
Notice to remove. Wherever any obstruction prohibited by subsection (a) has been placed and is being
maintained, the police department shall notify in writing the owner of the obstruction and the owner
of the land abutting the right-of-way where the obstruction is found and also the person in possession of
the property. Such notice shall state the nature of the obstruction and the fact that the obstruction is
an interference with the clear view of motorists or the free passage of pedestrians and that it shall be
removed within ten (10) days from the date of the notice.

(c)
Issuance of summons upon failure to remove. Whenever the person so notified as provided by subsection
(b) of this section fails or refuses to remove the obstruction within the time allowed in the written notice,
the police department shall issue a summons to this person to appear in recorder's court on a day certain
to stand trial for the violation.

(d)
Continued violations; issuance of summons without notice. If upon conviction for the first offense the
person continues to refuse to remove the obstruction, each day that it remains intact shall constitute a
new violation of subsection (a) of this section for which the police department shall issue a summons,
without first issuing the written notice.

(Code 1976, §§ 8-2005.1—8-2005.4; Ord. No. 11-02, Pt. I, § 1, 11-27-01)

Cross reference— Corner visibility clearance, § 27-669.
 ROE Permission Form                                                                  Page 3



Attachment 2: Approximate Location of Subject Property and Sewer Main -Shown on Map

Work to be performed by Contractor on sewer pipe(s) include:
  • Pre-CCTV & Cleaning
  • Mainline CIPP
  • Lateral CIPP
  • Manhole Rehab.




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