§ 66-130. Form—Owner/developer request for easement acquisition assistance.

OWNER/DEVELOPER REQUEST FOR EASEMENT ACQUISITION ASSISTANCE

This request for the Paulding County Board of Commissioners to aid in the easement acquisition dated this ________ day of _______, _______ by _______, as Owner/Developer is hereby submitted to Paulding County, Georgia, a political subdivision of the State of Georgia. The owner/Developer herein named does hereby request the assistance of Paulding County, Georgia, in obtaining the following parcels as shown below and in the attachments and agrees to the following procedure for same.

1. Owner/Developer has submitted herewith this Agreement and completed the following:

_____ (A) Initials	Prior to intervention by Paulding County in the easement acquisition, the owner/developer has made four (4) documented written attempts to acquire the easement, with at least fifteen (15) days between the offers. Said offers to property owners were made in writing, by certified mail, return receipt requested, or were acknowledged as received by a notarized statement from the property owner. One (1) of the documented attempts to purchase the property included obtaining an opinion of fair market value in a written real estate appraisal from a licensed real estate appraiser certified by the State of Georgia of said easement area and offered the fair market value as indicated by the appraisal, to said private property owner. Said real estate appraisal included a full fair market valuation of the site, including a consequential damages, consequential benefits analysis.
_____ (B) Initials	The owner/developer has submitted with this request for County intervention in the acquisition the following:
	(1)	A copy of the real estate appraiser's full report of opinion of fair market value of the easement.
	(2)	The documentation, including the certified mail and receipt forms or the notarized acknowledgment forms, as to all acquisition attempts.
	(3)	Four plats of survey for each easement wherein intervention is requested, as well as two copies of the preliminary engineering design and specifications of the sewer line and four copies of the sewer profile.
	(4)	A letter or report from an independent engineering firm stating that the proposed easement route is the most feasible route. Said report must contain the supporting data for this conclusion.
	(5)	A nonrefundable $5,000.00 application fee.

 

2.  Owner/developer hereby understands and agrees to the following conditions of this easement acquisition intervention.

_____ (A) Initials	If deemed necessary by the Director of Public Works, the owner/developer shall meet with the Director of Public Works and County Attorney or their designees to discuss the request for intervention. The owner/developer understands that the Director of Public Works, in reviewing the request, may require the owner/developer to size the line to accommodate the public good if the location of the line is such that public connection to the line from outside the owner/developer's project is likely. In addition, at the request of Public Works, the County may require a meeting with the independent engineer to review his plans and conclusions.
_____ (B) Initials	After reviewing the submission, the Public Works Director and/or County Attorney may require the owner/developer to continue negotiations with the owner/developer for a further period, to be determined by the County on a case by case basis. In doing so, the Public Works Director and/or County Attorney may require the owner/developer to schedule at least one in-person meeting with the easement landowner that must occur prior to any further County involvement and may also require the owner/developer to obtain a second independent land appraisal of the easement area from a different appraiser at the owner/developer's expense. The County Attorney may, at his discretion, select the second appraisal firm. The second appraisal shall meet the appraisal requirements set forth above.
_____ (C) Initials	After receipt of the request for assistance and required materials from the owner/developer, the Paulding County Public Works Department will send a letter to the property owners affected notifying them of the owner/developer's request for assistance in the easement acquisition. The letter will include setting a time and location for negotiation conference between the property owners, the owner/developer and its survey crew and/or engineer, a representative from the Public Works Department and a person designated by the Director of the Public Works to act as the Easement Negotiation Agent. The County Attorney may act as the Easement Negotiation Agent. Your attendance at this easement conference is mandatory.
_____ (D) Initials	In the event no resolution is reached during the easement conference, the parties shall be required to attend a further mediation regarding the easement. A member of the County staff and/or County Attorney are not required to attend the mediation, but may do so if scheduling allows and if so requested. The mediation shall be conducted by one of the licensed mediators on the non-domestic mediators' list for the 7 th Judicial Circuit. The mediator shall be selected utilizing the following method: The owner/developer shall select three licensed mediators and present those choices to the property owners. The property owners may select any name from the list of three. Provided however, in the event the parties are unable to reach an agreement as to whom the mediator should be, the County Attorney will randomly assign a mediator from the 7 th Judicial Circuit list of mediators on a rotating basis.
The parties shall attend mediation and work towards a solution in good faith. The owner/developer shall be responsible for the cost of the mediator's fees and will be responsible for payment at the time of mediation. The mediator shall supply the County Attorney with a copy of the mediation report and/or Mediation Agreement showing the outcome of the mediation.
_____ (E) Initials	In the event no resolution is reached, the Director of Public Works and the County Attorney shall review the results of the mediation and the aspects of the matter further and determine whether any further negotiations should be required. Thereafter, if the Public Works Director and County Attorney determine that all privately held mediation and negotiation attempts have failed, in the event no resolution is reached, the Director of Public Works shall present the issue to the Water and Sewer Advisory Board for their recommendation regarding whether intervention in the acquisition of the easement is in the best interest of the County at the next available regularly scheduled meeting of the Water and Sewer Advisory Board. The owner/developer and property owners shall both be advised of the date and time of the Water and Sewer Advisory Board meeting and provided an opportunity to be heard. The Water and Sewer Advisory Board may establish its own rules regarding the length and nature of any such presentations. In making its decision, the Water and Sewer Advisory Board shall consider whether there is a compelling public interest in acquiring the easement though County intervention. The Water and Sewer Advisory Board may make a determination as follows: (1) that it is not in the County's best interest to move forward with assisting in the easement acquisition process; (2) that it is in the County's best interest to move forward with assisting in the acquisition process; (3) the issue should be tabled to the Water and Sewer Advisory Board for further review. The Water and Sewer Advisory Board may table the issues to seek further information from any source, to allow the staff more time to review alternate routes, and/or to request the owner/developer and property owner continue further negotiations. In the event the Water and Sewer Advisory Board requests further negotiations or information, the owner/developer must provide the information requested to Paulding County Public Works at least one (1) week prior to the scheduled decision meeting and the Owner/Developer must appear before the Water and Sewer Advisory Board at the scheduled meeting to discuss the information and its further attempts at resolution. Thereafter, the Water and Sewer Advisory Board, at its discretion, may continue to table an item to a time certain or vote as set forth above.
The Water and Sewer Advisory Board may offer any further recommendations it deems appropriate to the Board of Commissioners.
_____ (F) Initials	After the Water and Sewer Advisory Board has issued its recommendation regarding the request, the Director of Public Works shall place this matter on the agenda and present the issue to the Board of Commissioners (if the Owner/Developer desires to proceed with the request) at a future, available Board of Commissioners' regularly scheduled meeting. The findings and recommendations of the Water and Sewer Advisory Board will be presented to the Board of Commissioners in conjunction with the Director of Public Works' presentation. In addition, the County Attorney shall be available to present to the Board of Commissioners a report of the previous findings from the easement conferences.
_____ (G) Initials	The Board of Commissioners will consider the request and vote on the request for intervention in the acquisition of the easement at a public meeting. The Owner/Developer requesting same and the property owners affected will be notified of the time and place of the meeting in which the request will be considered. In its decision, the Board of Commissioners shall consider whether there is a compelling public interest in the acquisition of the easement through County intervention. The Board of Commissioners may vote as follows: (1) to continue assistance in the acquisition of the easement, including instituting an action pursuant to the power of eminent domain to acquire the easement, (2) to continue assistance in the acquisition, but reserve the issue of the use of eminent domain after further discussions between the owner/developer, County and property owner have been completed; (3) to deny the request for assistance from the owner/developer; (4) to table the request for assistance and (5) any other appropriate motion it deems proper. The Board of Commissioners may table the issue to seek further information from any source, to allow the staff more time to review alternate routes and/or to request the owner/developer and property owner continue further negotiations. Thereafter, the Board of Commissioners, at its discretion, may continue to table the request to a time certain or vote as set forth above.
_____ (H) Initials	The final decision to intervene is at the sole discretion of the Board of Commissioners. Nothing in the sewer use ordinance or this application request shall be construed as to give the owner/developer a property interest or right to the County's assistance in the easement acquisition process nor shall it give any such right to a time frame or schedule for assistance at any stage of the process.

 

3.  Owner/developer hereby understands and agrees to the following fees and terms of payment in association with this easement acquisition intervention.

_____ (A) Initials	In addition to the application fee and the costs associated with any appraisals or certified letters, the developer submitting the request for easement acquisition assistance shall be responsible for the payment of the following costs and expenses:
	(1)	The cost of acquisition of the rights in and to the easement from the landowner as may be agreed upon by the parties or as may be determined by judgment from a court of competent jurisdiction;
	(2)	Any and all attorney's fees and expenses resulting from the negotiation, mediation and or any other such attorney services conducted by the County Attorney or their representative with regard to the easement acquisition;
	(3)	Attorneys' fees and expenses in an amount equal to the amount paid by Paulding County to attorneys selected by Paulding County to prosecute the easement acquisition to final judgment;
	(4)	Fees and expenses paid to any expert witness used by the attorneys in the easement acquisition process;
	(5)	The costs associated with any appraisals that are produced in conjunction with the easement request;
	(6)	The costs of any sewer or water tap fees offered and provided to property owners or third parties in connection with or exchange of any easements;
	(7)	Court fees including, but not limited to, filing fees, service fees, court reporter fees, special master fees, mediator fees or attorney's fees as may be assessed by a court;
	(8)	Such other and further fees, costs and expenses as may be reasonably incurred by Paulding County in the easement acquisition process.
_____ (B) Initials	All such fees must be paid promptly within 30 days of an invoice for said fees being presented to owner/developer. All checks must be made payable to the Paulding County Board of Commissioners, except those paid as judgments or costs of land acquisition, which may be paid directly to the property owner.
_____ (C) Initials	In the event payment is not received by Paulding County promptly from the owner/developer, Paulding County is authorized to bring an action for collection of the fees against the owner/developer in a court of competent jurisdiction and may collect damages, including attorney's fees.

 

By signing hereunder as Owner/Developer, the Owner/Developer accepts the above-stated terms and conditions.

	_____ Owner/Developer
	Name: _____
Sworn to and subscribed before me	Title: _____
this _____ day of _______, _____.	Address: _____
	_____
_____ Notary Public	Phone: _____
Received by Paulding County Public Works
this ____ day of _______, _____.
_____
_____ Public Works Representative

 

(Res. No. 00-25, § V(18-6.2), 9-12-2000; Res. No. 05-10, § 4, 4-12-2005)