Agenda Item
iii. Easement ~ DeKalb County Watershed ~ Permanent Sewer and Temporary Construction Easement ~ Sewer Lines ~ Montclair Elementary School and Misty Waters 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 permanent sewer easement and temporary construction easement to DeKalb County Government, Department of Watershed Management (“DWM”) for the construction and maintenance of sewer lines on the following DeKalb County School District (DCSD) properties: Montclair Elementary School, 1680 Clairmont Place NE, Atlanta, GA 30329 and Misty Waters Site: 2925 Misty Waters Drive, Decatur, GA 30032.
Why: Granting the easement will allow the DeKalb County Department of Watershed Management to improve sewer service by installing and maintaining the sanitary sewer line serving current and future homeowners in the Montclair ES and Misty Waters site vicinity.
Details: The DeKalb County Government, Department of Watershed Management is requesting permanent and temporary easements to install new sewer lines, improving sewer service at Montclair Elementary School and Misty Waters Site and the surrounding community.
DeKalb County is in the process of replacing sewer lines off Buckhead Highway and the area near the Shoal Creek part of the county. DeKalb County Watershed is requesting new permanent and temporary sewer easements to install the major new lines to service the school and surrounding communities. The old sewer line, which also runs through the school property, is not being replaced or removed. Instead, it will be deactivated, and the county is maintaining its ownership over the old easement.
The permanent easements are where the new pipes will be placed, and the temporary construction easements are to access the area of the pipes. The replacement of the sewer infrastructure in the area will provide more reliable sewer service around and to the Montclair ES and Misty Waters site.
The requested easements at Montclair ES - a permanent sewage easement (9,020 square feet) and a temporary construction easement (13,524 square feet) located at 1680 Clairmont Place NE, Atlanta, GA 30329
The requested easements at Misty Waters Dr. Site - a permanent sewage easement (16,858 square feet) and a temporary construction easement (26,424 square feet) located at 2925 Misty Waters Drive, Decatur, GA 30032
Financial impact: The value of both the permanent easement and the temporary construction easement at Montclair Elementary School is $15,100.
The value of both the permanent easement and the temporary construction easement at the Misty Waters Dr. Site is $4,500.
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
SETTLEMENT & DISBURSEMENT STATEMENT
PROJECT: 0024-11
DEKALB COUNTY, GEORGIA
OWNER: DEKALB COUNTY BOARD OF EDUCATION
TRACT NO.: 2
Credit to Purchaser Due to Seller
1. Purchase Price $4,500.00
2. Earnest Money Paid N/A
3. Pro-rated Items: N/A
(a) City taxes for year N/A
(b) County & State taxes N/A
4. Miscellaneous Items
TOTALS: $4,500.00
READ AND APPROVED THIS _____ DAY OF ___________, 2026.
DEKALB COUNTY BOARD OF EDUCATION
By: _____________________________
Print Name: _______________________
Title: _____________________________
SELLER(S)
ALL DOCUMENTS OF CLOSING, INCLUDING OPTION TO BUY, SHALL SURVIVE
SAME AND REMAIN ENFORCEABLE.
PROJECT NO.: 0024-11
P.I. NO.: N/A
TRACT NO.: 2
DeKalb County, Georgia
Watershed Management
180 Sams St. Suite B 3200
Decatur, GA 30030
IRS REPORTING INFORMATION
1. Address and/or legal description of conveyed property:
Tax Parcel ID: 15 136 01 002 Parcel: 2
2. Residential Property (1 to 4 units): Yes No x
3. Contract Sales Price (Gross Proceeds): $4,500.00
4. TAXPAYER IDENTIFICATION NUMBER and Division of Interest:
Seller(s) Name SSN/Tax ID Number Division of Interest
Dekalb County Board of 100%
Education
5. Correct Mailing Address of Seller(s):
1701 Mountain Industrial Blvd.
Stone Mountain, GA 30083
6. ALLOCATION OF THE GROSS PROCEEDS: 100%
See Attached Review Appraiser Report
The undersigned acknowledge(s) that the Internal Revenue Service requires the above transaction to
be reported and requires an accurate disclosure of the above information. The undersigned
warrant(s) that the above information is true and correct and acknowledge(s) that the above
information will be submitted to the Internal Revenue Service with other information required by
the Internal Revenue Service concerning the sale of the above property this date. Under penalties of
perjury, I certify that the number shown on this statement is my correct taxpayer identification
number.
Dekalb County Board of Education
________________,2026 By: ____________________________
Date of Closing
Print Name: _____________________
Title: ___________________________
PROJECT NO. 0024-11
TRACT NO. 2
PROPERTY OWNER’S AFFIDAVIT
GEORGIA, DEKALB COUNTY
Personally appeared before the undersigned attesting officer, duly authorized to administer oaths in said State
and County, DEKALB COUNTY BOARD OF EDUCATION , who after being duly sworn, deposes and says upon
oath to the best of the undersigned’s knowledge and belief:
That affiants are the owners, in fee simple of the land and improvements shown on Exhibit “A” hereto.
Further, that 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 the DeKalb County Department of Watershed
Management Department (hereinafter “Department”) of the real estate shown on Attachment “A” hereto.
Further, that there are no suits, judgments, 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: N/A
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/its) 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 Exhibit “A” 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.
This ______ day of _______, 2026
Dekalb County Board of Education
By: ________________________________
Print Name: _________________________
Title: ____________________________
________________________
Notary Public
Exceptions: N/A
Parcel ID 15 136 01 002
Prepared by and Return to:
Atlas Technical Consultants LLC
2540 Commerce Avenue, Suite 100
Duluth, GA 30096
PERMANENT SEWER EASEMENT
DEKALB COUNTY, GEORGIA
THIS INDENTURE, made this __________day of ____________, 2026, 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 136 of the 15th Land District, being described by the Tax Parcel No. 15 136 01 002
of DeKalb County, Georgia, and being shown as Permanent Sewer Easement, consisting of 0.387 acres
(16,858.00 square feet), on the Easement Plat for Project 0024-11 Shoal Creek 3A, prepared by Accura, for
the DeKalb County Department of Watershed Management, consisting of a drawing dated September 22, 2025,
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: __________________________ (Seal)
_______________________
Unofficial Witness Print Name: ___________________________
Title: ________________________________
_______________________
Notary Public, State of Georgia
Parcel ID 15 136 01 002
Prepared by and Return to:
Atlas Technical Consultants LLC
2450 Commerce Avenue, Suite 100
Duluth, GA 30096
TEMPORARY CONSTRUCTION EASEMENT
DEKALB COUNTY, GEORGIA
THIS INDENTURE made this ____ day of _______________, 2026, 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 136 of the 15th Land District, being described by the Tax Parcel No. 15 136 01 002
of DeKalb County, Georgia, and being shown as Temporary Construction Easement, consisting of 0.606 acres
(26,424.00 square feet), on the Easement Plat for Project 0024-11 Shoal Creek 3A prepared by Accura, for
the DeKalb County Department of Watershed Management, consisting of a drawing dated September 22, 2025,
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 0024-11.
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:
By: __________________________ (Seal)
_______________________
Unofficial Witness Print Name: ___________________________
Title: ________________________________
_______________________
Notary Public, State of Georgia
POB L16 L26
PE L27
I NE S
POB TIE L POC
TE 1 TO
L1
L17 CENTER
SHOAL LINE OF
L2
L25
L4 CREEK
POB INE
EXISTING TE 2 TIE L OC
SANITARY TO P
SEWER LINE L5
L28
L3
TE1 - 30' WIDE
Area : 3665 SQ. FT.
0.084 ACRE
NEW SANITARY
SEWER LINE
PE - 20' WIDE
Area: 16858 SQ. FT.
0.387 ACRE
LEGEND
L18
L24 L15 L6
TE2 - 30' WIDE
Area: 22759 SQ. FT.
0.522 ACRE
SURVEY PREPARED BY:
ACCURA ENGINEERING AND CONSULTING SERVICES, INC.
3200 PRESIDENTIAL DRIVE
ATLANTA, GA 30340
OFFICE:404-241-8722
EXISTING SANITARY
SEWER LINE
NEW SANITARY L7 OF
SEWER LINE
T E R LINE K
C E N
CREE
SHOAL TE2
L19 Area : 22759 SQ. FT.
L14 0.522 ACRE
L23
L8
LEGEND PE - 20' WIDE
Area : 16858 SQ. FT.
0.387 ACRE
L9
L13
2 L2
L2 0
L10
SURVEY PREPARED BY:
ACCURA ENGINEERING AND CONSULTING SERVICES, INC.
3200 PRESIDENTIAL DRIVE
ATLANTA, GA 30340
OFFICE:404-241-8722
SEWER LINE
NEW SANITARY L7 OF
SEWER LINE R LINE
CENTE CREEK
SHOAL TE2
L19 Area : 22759 SQ. FT.
L1 4 0.522 ACRE
L23
L8
PE - 20' WIDE
Area : 16858 SQ. FT.
0.387 ACRE
L9
L1
3
L2
L22
0
LEGEND L1
0
L11
L21 L12
SURVEY PREPARED BY:
ACCURA ENGINEERING AND CONSULTING SERVICES, INC.
3200 PRESIDENTIAL DRIVE
ATLANTA, GA 30340
OFFICE:404-241-8722
AREA SUMMARY: CLOSURE:
NEW SEWER PERMANENT EASEMENT: 16,858 SQ. FT. OR 0.387 ACRES 1 FOOT IN 339,247 FEET
TEMPORARY CONSTRUCTION EASEMENT #1: 3665 SQ. FT. OR 0.084 ACRES 1 FOOT IN 34,774 FEET
TEMPORARY CONSTRUCTION EASEMENT #2: 22,759 SQ. FT. OR 0.522 ACRES 1 FOOT IN 187,809 FEET
SURVEY PREPARED BY:
ACCURA ENGINEERING AND CONSULTING SERVICES, INC.
3200 PRESIDENTIAL DRIVE
ATLANTA, GA 30340
OFFICE:404-241-8722
LEGAL DESCRIPTION
TAX PARCEL No. 15 136 01 002
PERMANENT SANITARY SEWER EASEMENT
(PE)
ALL THAT TRACT OR PARCEL LYING IN LAND LOT 136 OF THE 15TH DISTRICT OF DEKALB COUNTY, GEORGIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NGS MONUMENT #5148; THENCE S 77°48'24” W FOR A DISTANCE OF 22374.20 FEET TO THE POINT OF
BEGINNING (POB PE).
THENCE S 89° 19' 27" E FOR A DISTANCE OF 20.86 FEET TO A POINT; THENCE S 17° 13' 23" W FOR A DISTANCE OF
127.17 FEET TO A POINT; THENCE S 00° 20' 32" E FOR A DISTANCE OF 332.34 FEET TO A POINT; THENCE S 15° 26'
33" E FOR A DISTANCE OF 187.38 FEET TO A POINT; THENCE S 31° 47' 20" E FOR A DISTANCE OF 196.61 FEET TO
A POINT; THENCE N 89° 31' 58" W FOR A DISTANCE OF 23.62 FEET TO A POINT; THENCE N 31° 47' 51" W FOR A
DISTANCE OF 186.86 FEET TO A POINT; THENCE N 15° 27' 05" W FOR A DISTANCE OF 192.81 FEET TO A POINT;
THENCE N 00° 20' 32" W FOR A DISTANCE OF 338.20 FEET TO A POINT; THENCE N 17° 13' 23" E A DISTANCE OF
124.31 FEET, TO THE TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL CONTAINING 16858 SQUARE FEET OR 0.387 ACRES.
SURVEY PREPARED BY:
ACCURA ENGINEERING AND CONSULTING SERVICES, INC.
3200 PRESIDENTIAL DRIVE
ATLANTA, GA 30340
OFFICE:404-241-8722
SANITARY SEWER EASEMENTS (15 136 01 002)
PARCEL OWNER: DEKALB BOARD OF EDUCATION
LEGAL DESCRIPTION
TAX PARCEL NO. 15 136 01 002
TEMPORARY CONSTRUCTION EASEMENT
(TE 1)
ALL THAT TRACT OR PARCEL LYING IN LAND LOT 136 OF THE 15TH DISTRICT, DEKALB COUNTY, GEORGIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NGS MONUMENT #5148; THENCE S 77°49'28” W FOR A DISTANCE OF 22404.71 FEET TO THE POINT OF
BEGINNING (POB TE1).
THENCE S 89° 19' 27” E FOR A DISTANCE OF 31.30 FEET TO A POINT; THENCE S 17° 13' 23” W FOR A DISTANCE OF 124.31 FEET
TO A POINT; THENCE N 81° 33' 35” W FOR A DISTANCE OF 30.36 FEET TO A POINT; THENCE N 17° 13' 23” E A DISTANCE OF
120.04 FEET, TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL CONTAINING 3665 SQUARE FEET OR 0.084 ACRES.
LEGAL DESCRIPTION
TAX PARCEL NO. 15 136 01 002
TEMPORARY CONSTRUCTION EASEMENT
(TE 2)
ALL THAT TRACT OR PARCEL LYING IN LAND LOT 136 OF THE 15TH DISTRICT, DEKALB COUNTY, GEORGIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NGS MONUMENT #5148; THENCE S 77°30'42” W FOR A DISTANCE OF 22416.61' TO THE POINT OF
BEGINNING (POB TE2).
THENCE S 81° 33' 35" E FOR A DISTANCE OF 30.36 FEET TO A POINT; THENCE S 00° 20' 32" E FOR A DISTANCE OF 323.56 FEET
TO A POINT; THENCE S 17° 21' 58" E FOR A DISTANCE OF 152.69 FEET TO A POINT; THENCE N 72° 53' 44" E FOR A DISTANCE
OF 10.00 FEET TO A POINT; THENCE S 17° 20' 26" E FOR A DISTANCE OF 88.76 FEET TO A POINT; THENCE S 31° 46' 34" E FOR A
DISTANCE OF 137.03 FEET TO A POINT; THENCE S 26° 31' 51" E FOR A DISTANCE OF 9.32 FEET TO A POINT; THENCE N 89° 31'
58" W FOR A DISTANCE OF 34.42 FEET TO A POINT; THENCE N 31° 47' 20" W FOR A DISTANCE OF 196.61 FEET TO A POINT;
THENCE N 15° 26' 33" W FOR A DISTANCE OF 187.38 FEET TO A POINT; THENCE N 00° 20' 32" W A DISTANCE OF 332.34 FEET
TO THE, TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL CONTAINING 22759 SQUARE FEET OR 0.522 ACRES.
SURVEY PREPARED BY:
ACCURA ENGINEERING AND CONSULTING SERVICES, INC.
3200 PRESIDENTIAL DRIVE
ATLANTA, GA 30340
OFFICE:404-241-8722