HomeMy WebLinkAboutATLANTA GAS LIGHT ENCROACHMENT AGREEMENT
After recording, please return to:
(706) 312-4143
Sandra K. Tyler
Augusta UtiJities Department
360 Bay Street, Suite 180
Augusta, GA 30901
Book 01049:2314 Augusta - Richmond Count ---
2006018979 04/19/2006 09:01 :01.01 y
$0.00 AGREEMENT
1111111111111111111111 I1111 111111111111111 1111111111 11111111
2006018979 Augusta - Ri~hmond County
ENCROACHMENT AGREEMENT
Atlanta Gas Light Company, hereinafter called Grantor, hereby consents for
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter called Grantee, to
use an area within Grantor's right of way (Continental Can Line) described as being ten (10') feet in
width and extending in part through the 124th G.M. District, 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) 30"inch DIP Forced Sewer main
installed in a 42"inch Steel casing north of Spirit Creek. Said forced sewer main and casing, shall
maintain a minimum of two feet (2') separation from the above said gas main and a shielding
material should be used on all metal pipes across the entire easement area. 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.
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.
.
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Book 01049:2315 Augusta - Richmond County
2006018979 04/19/2006 09:01 :01.01
8. Grantee agrees to notify, or have its contractor notify, Grantor's Right of Way Department,
located at 10 Peachtree Place N. K, 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:
~~~~
Sr. Right of Way Agent
DATE:
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Grantee hereby accepts the foregoing consent subject to the terms and conditions set forth
above and in the 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.
s~
AUGUSTA, GEORGIA
a political subdivision of the State of Georgia
BY, (~J.-A. P
TITLE:
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DATE:
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