HomeMy WebLinkAboutATLANTA GAS LIGHT
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'<r After recording: please return to:
- . (706)312-4143
. Sandra K. Tyler
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
Book 01009:2105 Augusta - Richmond County
200504149208/26/200513:56:10.00 .
$0.00 AGREEMENT
111111111111 1111I1111111111 1111I11111 11111 111111111111111111
2005041492 Augusta - Richmond County
ENCROACHMENT AGREEMENT
Atlanta Gas Light Company, hereinafter called Grantor, hereby consents for
AUGUSTA, GEORGIA, a political subdivision, hereinafter called Grantee, to use an
area within Grantor's right of way described as being fifteen (15') feet. in width and
extending in part through Georgia Milita District 121, Richmond County, Georgia, as
shown on Exhibit"A", a copy of said Exhibit being attached hereto and made a part
hereof.
The use of the area by Grantee of Grantor's right of way, pursuant to this consent
shall be limited to the construction, installation, and maintenance of one (1) eight (8")
inch PVC Sewer Line. Said sewer line, shall maintain a minimum of three (3') feet cover
over and above said gas main(s) and two (2') feet separation from Grantor's faciFties. It
is specifically understood that no buildings or any other obstructions of any type will be
permitted on the subject right of way. .
The plans and specifications as submitted by Grantee meet Grantor's approval
provided Grantee conforms to the following terms and conditions:
1. Grantee agrees to obtain all necessary rights from the owners of the lands crossed
by Grantor's right of way in the event Grantor does not own said lands and rights.
2. Grantee agrees to use said area within Grantor's right of way in such a manner as
will not interfere with Grantor's facilities installed thereon. Grantee shall install
said facilities with minimum cover and or clearance requirements encroaching
Grantor's facilities, with cover not to exceed eight (8') feet over and above
Grantor's facilities.
3. Grantee agrees that the use of Grantor's right of way as herein provided shall in
no way affect the validity of Grantor's easements and shall in no way modify or
restrict the use or rights of Grantor, its successors or assigns, in and to the area to
be used. Grantee acknowledges Grantor's right and title to said easements and
the priority of Grantor's right of use and hereby agrees not to resist or assail said
priority.
4. The use of said area within said right of way by Grantee shall be at the sole risk
and'" expense of Grantee, and Grantor is specifically relieved of any responsibility
for damage to the encroaching facilities resulting or occurring from the use of said
right of way by Grantor. Grantee covenants not to sue Grantor in that instance.
5. Grantee hereby agrees and covenants not to use and will prohibit agents,
employees and contractors of Grantee from using on said right of way any tools,
equipment or machinery in such a manner as will do damage to Grantor's
facilities.
6. Notwithstanding anything contained herein, the Grantee agrees to reimburse
Grantor for all cost and expense for any damage to Grantor's facilities resulting
from the use by Grantee of said area within said right of way. Also, Grantee
agrees that if in the opinion of Grantor, it becomes necessary, as a result of the
exercise of the permission herein granted, to relocate, rearrange, change, raise or
lower any of Grantor's facilities, to promptly reimburse Grantor for" all cost and
expense involved in such relocation, rearrangement, change, raising or lowering, of
said facilities.:; "
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Book 01009:2106 Augusta - Richmond County
2005041492 08/26/2005 13: 56: 1 0.00
7. Grantee shall restore all areas affected by the construction within said area to as
near as possible to the conditions and original lay of the land prior to said
activities.
8. Grantee agrees to notify, or have its contractor notify Grantor's Right of Way
Department, located at 10 Peachtree Place N. E., Atlanta Georgia 30309, phone
404-584-4703 or 877-879-9056 for Kevin Barnard, the area Right of Way Inspector
at least two (2) days prior to actual construction on Grantor's right of way.
9. Grantee hereby agrees to defend, indemnify, and hold harmless the Grantor from
the payment of any sum of money to any person whomsoever on account of claims
or suits growing out of injuries to persons (including death) or damage to property
(including damage to property of Grantor) attributable to or arising out of the use
of said rights of way by Grantee, its agents, employees, contractors or any
combination of these including but without limitation all liens, garnishments,
attachments, claims, suits, judgments, costs, attorney's fees, cost of investigation
and of defense. Provided, however, that the Grantee shall not be responsible to
defend, indemnify or hold harmless the Grantor for losses or damages caused by or
resulting from the sole negligence of the Grantor, its agents or employees.
Grantor shall have the right, but not the obligation, to defend any suit against
Grantor for which Grantee is obligated to indemnify Grantor. Grantee hereby
agrees to cooperate with such defense. Upon Grantor's request, Grantee shall
attend hearings and trials and shall assist in effecting settlements, securing and
giving evidence, obtaining the attendance of witnesses and in the conduct of any
such suit.
ATLANTA GAS LIGHT COMPANY
BY: ~~~
Right of Way Agent
DATE: J' - bZ-- / ~r
Grantee hereby accepts the foregoing consent subject to the terms and conditions
set forth above and in th'e event Grantee fails to perform as herein provided this
agreement shall become void and no use of Grantor's right of way as herein provided for
shall be made.
i~ BY
~ 1fK TITLE:
DATE:
AUGUSTA, GEORGIA
(a political subdivision)
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EXH I B IT "A"
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Book 01009:2107 Augusta - Richmond C~~nty ~
200504149208/26/2005 13:56:10.00
15' NATURAL GAS EASEMENT~' -.,.; 'roo":
LOT 33 - 8 ^
LOUIS J. CARTER, Jr. ,I
2754 W1LUS FOREMAN ROAD " I
HEPHZIBAH, GA 30815 I
165-0-017-00-0
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1[' CONSTRUCllON EASEMENT-(0.03 AC, 1204 SF)
10' PERMANENT DRAINAGE & UllUTY EASEMENt
(0.07 AC, 3002 SF) ,
l= ~llN;) E~ENT
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~ -tC!-- "~:iNZ!.4~923 E---...w;::-~ . --, .~--;
#5R~F _~II :ARO:-- 10~~~~;N~iA;:~~~::-::TY EASEMENT r I~
_ irJ (0.07 AC, 3002 SF)
"": 5' CONSTRUCllON EASEMENT I ·
5 ~ (0.03 AC, 1376 SF) 0 Ju
~ I LOT 32-8 I B b
W I KERVEN J. BROWN I g d
t?\ 2750 W1WS FOREMAN ROAD I . LO
~ II HEPHZIBAH, GA 30815 I ~ ~
; _I 165-0-016-00-0 I r
~ I- 20' PERMANENT DRAINAGE & UllUTY EASEMENT I 0 I
~ ~ (0.06 AC, 2797 SF) I I
~ 1'- 5' CONSTRUCllON EASEMENT I I
in I (0.02 AC, 674 SF) I ~
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NOTES:
EQUIPMENT USED: TOPCON GTS - 225 & PRISM.
INTERPRETATION OF FIRM COMMUNITY-PANEl INDICATES THIS
PROPERTY IS NOT LOCATED WITHIN A 100 YEAR flOOD PLAIN.
'-
S74"49'23"W
300.16'
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REFERENCE PLAT
PLAT FOR FAll UNE EQUITIES BY HERRINGTON
DATED 7/3/92, PC-A. SUDE 163, PLAT 0
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SCALE
COMMISSION
SUBD.
FAll UNE EQUITIES, INC.
ED
AYERCORP
ENGINEERS " SURVEYORS " PLANNERS
1139 Broad Street Augusta. Georgia 30901
50
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100
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1. - 50'
STATE: GEORGIA
COUNTY: RICHMOND
JOB NO.: 04-9726
SCALE: 1" = 50'
FlD: AW DRN: BA CHK: CTD
DATE: 3/17/05
FILE: W-STREETjOSK.326
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Filed in this office:-
Augusta - Richmond County
08/26/200513:56:10.00
Elaine C. Johnson .
Clerk of Superior Court
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