Property Owners Affidavit

AID 1856815 · View on Simbli

Agenda Item

iv. Easement Request ~ DeKalb County Department of Transportation ~ Sidewalk Expansion at International Community School (ICS) ~ Medlock Elementary School Site

Summary: Presented by: Mr. 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 DeKalb County Department of Transportation for expansion and improvement of the walking trail at the International Community School at Medlock Elementary School site located at 2418 Wood Trail Lane, Decatur, GA 30033.
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.
Details: The DeKalb County Department of Transportation in conjunction with the Path Foundation is requesting a temporary and permanent easement on the ICS at Medlock site. This easement will allow the County to improve and expand the 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 County 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 2,714 square feet, as well as a temporary construction easement of 1,441 square feet located at Medlock Park to Lulah Hills Road. The temporary construction easement will expire upon completion and acceptance of the project.

As determined by the State of Georgia per the Statement of Estimated Values, the easement rights have a Total Estimated Fair Market Value of $4,525.
Financial impact: The easement will directly benefit DCSD. The Total Estimated Fair Market value is $4,525. It will be paid by DeKalb County Government to the Board of Education for the easement. These funds will be placed in the General Fund.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1470
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
                                                         PROJECT: PATH – Medlock Park to Lulah Hills
                                                         TAX PARCEL ID: __18-061-14-013_____
                                                         PARCEL NO.       18-061-14-013


                                                 PROPERTY OWNER’S AFFIDAVIT

GEORGIA,           DEKALB             COUNTY

        Personally appeared before the undersigned attesting officer, duly authorized to administer oaths in said State and County,
Dr. Devon Q. Horton, Superintendent and Mr. Deirdre P. Pierce, Board Chair, who after being duly sworn, deposes and says upon
oath:

       That affiant is     DeKalb County Board of Education, the owner in fee simple of the improvements shown on Attachments
“A&B” hereto.

         Further, the improvements situated on said real estate are within the limits of said described property and that there has been
no violation of any restrictions that may have been imposed on said lands nor has any interest in same been sold or conveyed or any
change made in the improvements thereon since said lands were inspected as aforesaid.

        Further, that the owner or owners named above is in indisputable possession of said described lands and knows of no one
claiming under any unrecorded bond for title of any nature of claiming any interest in said lands whatsoever; except as may be set out
below;

        Further, that there are no leases, either recorded of record, unrecorded, or otherwise, currently in effect or terminated in
contemplation of the acquisition or purchase by DeKalb County (hereinafter the “Department”) of the real estate shown on
Attachments “A&B” hereto, except as may be set out below;

         Further, that there are no suits, judgements, bankruptcies or executions pending against the owner or owners named above in
any court relating to the subject property or which could in any way affect the title to said lands or constitute a lien thereon, and that
the owner or owners named above is not surety on the bond of any county or county official or any other bond that through default of
the principal therein a lien would be created superior to the deed mentioned above, nor are there any loan deeds, trust deeds,
mortgages, or liens of any nature whatsoever unsatisfied against said lands except as set out below;

          Further, that there are no unpaid bills of any nature either for labor or materials or for architects’, surveyors’, or other services
rendered or used on the improvement of said real estate, except as set out below, which constitute or might constitute any lien upon
said real estate.

         The owner or owners named above for his part acknowledges that this Affidavit is made and given to the Department in
connection with and for purposes of inducing the Department in its acquisition or purchase of the real estate shown on Attachments
“A&B” thereto and, further, agrees to indemnify and hold harmless the Department from any and all claims for compensation or
benefits made by any party or individual claiming through or under any interest in the property or business now or formerly situated or
operating on said property, against the Department other than as may be set forth herein below.

Sworn to and subscribed before me,                                                                                         (S.E.A.L.)
this             day of            , 2025_.                       By: Dr. Devon Q. Horton
                                                                  Title: Superintendent

                                                                                                                           (S.E.A.L.)
                                                                  By: Ms. Deirdre P. Pierce
                                                                  Title: Board Chair
Notary Public


Exceptions:

         N/A




                                                                                                                            Rev. 08-01-2010