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
RIGHT OF ENTRY
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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