Right of Entry & Exhibit A

AID 2032079 · View on Simbli

Agenda Item

ii. Easement and Right of Entry ~ Georgia Power Company ~ Improvement of Electric Distribution Facilities at Former A & B Central Office 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 Right of Entry and grant of an Easement to the Georgia Power Company for the purpose of constructing, operating, and maintaining underground and overhead equipment for distribution lines and upgrades to electric distribution facilities to improve electric service reliability at the former A & B Central Office Site as part of the Capital Improvement Project 12330. EV Charging Station at North Decatur Site.
Why: The Right of Entry and grant of the easement to Georgia Power supports improved electric service reliability to the Former A & B Central Office in the effort to upgrade all equipment needed for the work scheduled in the Capital Improvement Project 12330. EV Charging Station at North Decatur Site.
Details: The purpose of the right of entry and easement allow the Georgia Power Company to enter the easement area, to install and maintain electrical and communication lines, poles, and equipment on the Site. This right of entry and easement request is aligned with the Capital Improvement Project 12330. EV Charging Station at North Decatur Site. This construction project will install new EV Chargers for the BOE approved electrical buses while the Hooper Alexander and East DeKalb Stations are being designed and constructed.

The property site for Former A & B Central Office is 3710 N. Decatur Rd., Scottdale, Ga 30079. The area of the requested easement is defined as any portion of the site located within a) fifteen (15) feet of the centerline of the overhead distribution line (s) as installed in the approximate location shown on “Exhibit A”, b) within ten (10) feet of the centerline of the underground distribution line as installed in the approximate location shown on “Exhibit A” and c) within ten (10) feet of each side of any related above ground equipment or facilities, including without limitation cubicles, transformers and service pedestals, as installed in the approximate location shown in “Exhibit A”.

The installation of the transformer allows for safe steps down from high-voltage electricity on transmission lines (up to 500kV) to lower, usable voltage levels (typically 120-480 volts) for residential, commercial, and industrial customers. These devices are essential for grid reliability, efficiency, and reducing energy loss over long distances. Georgia Power requests permission to maintain, repair and rebuild on all equipment including wires, transformers, and cables to strengthen the service to the Former A&B Central Office off Decatur Rd.
Financial impact: The right of entry and grant of easement will directly benefit the Dekalb County School District. The financial impact of the right of entry and easement will be $20.00 paid by Georgia Power Company to the District. Funds will be allocated to the General Fund Charge Code.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, 678.676.1470
Mr. Raymond Stanley, Executive Director of Transportation & Fleet, 678.898.8055
Mr. Hans Williams, Director of Planning & CIP Programming, 678.676.1483
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
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STATE OF GEORGIA                                    Project: 311'(&$785RD (DEKALB COUNTY)
DISTRIBUTION LINE
DEKALB COUNTY                                                             LIMS No.: 20260-001
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                                                        RIGHT OF ENTRY
                                             (Construct, Install and Operate Line)

       THIS AGREEMENT made and entered into this 2TH MA< 2026, by and between
   DEKALB COUNTY BOARD OF EDUCATION hereinafter “GRANTOR” and GEORGIA
   POWER COMPANY, hereinafter “GPC”.


                                                           WITNESSETH:
            That for and in consideration of the sum of TEN & NO/100 DOLLARS ($10.00) and
         other valuable considerations, the receipt and sufficiency of which is hereby acknowledged.
  GRANTOR hereby grants to GPC the right to enter upon certain lands, situated in Land Lot 
  of the 1TH District, DEKALB County, Georgia, for the purpose of constructing, operating, and
  maintaining overhead and underground equipment for distribution lines.
  The lands whereon and whereunder the overhead and underground equipment for distribution
  lines are to be situated are more particularly depicted in a drawing, designated Exhibit “A”,
  attached hereto, made a part hereof and incorporated by reference.

  This grant of right of entry is made expressly subject to the following terms and conditions:


   1.        The Right of Entry herein granted is for the sole purpose of permitting GPC to construct,
             install and operate a distribution line.
   2.        In accepting this grant, GPC agrees that the tract may or may not be in a safe or proper
             condition for the activities to be undertaken by GPC as contemplated herein; however,
             GPC accepts said tract in its present condition as suitable for such use.
   3.        The Right of Entry granted herein shall expire and become void twelve (12) months from
             the date hereinabove first written, or upon the date Grantor grants GPC an easement for
             the activities contemplated herein, whichever shall occur first.
   4.        Grantor reserves the right to use any portion of the tract for its operations; provided,
             however, that such use does not unreasonably interfere with the safe operation and
             maintenance of GPC’s electric equipment and related facilities situated on or under said
             tract.
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5.      GPC shall undertake all activities, contemplated in this grant, in a manner so as not to
        damage or unreasonably interfere with the operation of Grantor’s facilities. GPC shall
        promptly reimburse for any damage to any Grantor’s equipment or facilities caused by
        the exercise of GPC’s rights under this agent.
6.      GPC shall take appropriate measures to ensure that any excavation activities undertaken
        by GPC will not result in an erosion of soil on any portion of Grantor’s lands adjacent to
        said tract.
7.      GPC agrees to acquire, at GPC’s expense, all necessary local, state, and federal permits
        which are required for the activities contemplated herein.
8.      GPC agrees that immediately following its construction activities related to the
        installation of the said lines GPC will, at is sole expense, place the lands disturbed by its
        construction activities in a condition substantially the same as that existed prior to such
        construction activities.
9.      GPC shall not permit any mechanics or materialmen’s or other liens to be filed or placed
        against the tract by reason of work, services or materials supplied to or claimed to have
        been supplied to GPC and if any such lien should at any time be filed against the tract,
        GPC shall cause the same to be discharged of record by paying the amount claimed to be
        due, by deposit in court or by posting bond within thirty (30) days of the date of such
        filing. If GPC shall fail to discharge said lien within such period, in addition to any other
        rights or remedies of Grantor may, but shall not be obligated to, discharge same either by
        paying the amount claimed to be due or by posting bond. Any amount by Grantor for any
        of the aforesaid purposes or for the satisfaction of any other lien caused by GPC and all
        reasonable expenses of Grantor in defending any such action or procuring the discharge
        of such lien, including reasonable attorney’s fees, shall be repaid by GPC to Grantor on
        demand.
10.     This Right of Entry is granted by Grantor and accepted by GPC subject to (i) all taxes
        and assessments (ii) all utility easements serving or crossing the above-described lands
        (iii) all liens and encumbrances shown on the public records (iv) all laws, ordinances,
        rules and regulations of any governmental authority or agency, including zoning
        restrictions, which may now or hereafter be applicable to the tract.
11.     Failure of Grantor to exercise any power or rights provided for herein shall not constitute
        a waiver of Grantor’s rights to demand exact compliance with the terms and conditions
        of this grant.
12.     If any term, covenant, or condition of this grant or the application thereof to any person
        or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
        grant, or the application of such term, covenant, or condition to persons or circumstances
        other than those as to which it is held invalid or unenforceable, shall not be affected and
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        each term, covenant, or condition of this grant shall be valid and be enforced to the
        fullest extent permitted by law.
13.     If GPC shall default in the performance of any of the terms and conditions contained in
        this grant and such default shall continue for thirty (30) days after written notice thereof
        has been given by Grantor to GPC then in such event, at Grantor’s option Grantor may
        declare this Right of Entry revoked.
14.     This grant constitutes the full and complete agreement between the parties hereto with
        respect to all matters contained herein; and evidence of any prior or contemporaneous
        oral agreement or understanding shall be inadmissible to alter the terms of this grant.
        This grant may not be consent of the parties hereto.
15.     This grant is made and delivered in the State of Georgia, and the parties hereto expressly
        agree that this grant is to be performed in the State of Georgia and that this grant shall be
        construed and enforced according to the laws of the State of Georgia.




                                [Signature(s) on Following Page(s)]




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       IN WITNESS WHEREOF, the Undersigned has/have hereunto set his/her/their hand(s)
and seal(s), this ___________ day of _____________________, 2026.


Signed, sealed and delivered in the presence of: GRANTOR:
                                        7+(DEKALB COUNTY BOARD OF EDUCATION




                                                                                   (SEAL)
 WITNESS                                    NAME:




 NOTARY PUBLIC




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       IN WITNESS WHEREOF, the Undersigned has/have hereunto set his/her/their hand(s)
and seal(s), this ___________ day of _____________________, 2026.


Signed, sealed and delivered in the presence of: GRANTEE:
                                              GEORGIA POWER COMPANY “GPC”


                                                                                    (SEAL)
  WITNESS                                    NAME:
                                             TITLE:



  NOTARY PUBLIC




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                                       Exhibit A

                              Proposed GPC Underground
                              Distribution Line & Facilities




THE DEKALB COUNTY BOARD OF EDUCATION
           3710 N DECATUR RD                                                                 Proposed GPC
       Tax Parcel Id # 18 011 04 003                                                             Pole




                                                                      P/L
                       P/L

      Proposed GPC Overhead
          Distribution Line                                                     N DECATUR RD




               Proposed GPC Pole,
                Anchor/Guy Wires

                                                                           3719 N DECATUR RD
                                                                       Tax Parcel Id # 18 011 03 012




                                                               3710 N DECATUR RD (DEKALB COUNTY)
   Land Department                                                      DISTRIBUTION LINE
                                       PARCEL 001                       LIMS # 2026050305
DRAWING NOT TO SCALE                                                   WORK LOCATION(S): N/A