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Home My WebLink AboutATLANTA GAS LIGHT COMPANY ""C,~ / )... . I Book 01032:2498 Augusta - Richmond County 200600077001/06/200613:35:58.00 $0.00 AGREEMENT 111111111111111111111111111111111111I11111111111111111111111 I 200600077~ Augu~ - Richmond~ounty ENCROACHNfENTAGREEMENT After recordin9, please return to: (706}31Z-4143 . ( Sandra K. Tyler Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 -- 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) 20"inch DIP Forced Sewer main installed in a 30"inch Steel casing. 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. W' Book 01 032:2499 Aug~sta =Ri~hmond County - ~ 200600077001/06/2006 13:35:58.00 I 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 ?:L~!!rors~ BY: Sr. Right of Way Agent DATE: / l--- '-' 2-d - 2& 0 .r 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. AUGUSTA, GEORGIA a political subdivision of the State of Georgia ~~ BY Jl ~--{. V TITLE: tfIl4,{O~ DATE: roz.- II ~ it> ~ . 0 o ~co c::1() ::J . . OL.() U('I') I 'C . . c::('I') OT""" ,gCO .52 0 0:::0 I C\I ro- -CO 11)0 &- ::JT""" <CO 00 gf'.. <:'!f'.. NO MO ~O OCO 1":'::0 go IIlC\l . . ~ . , , , , , , , , i " , ;. J '" .... j ,. r ., , . . , , I ''':.'' f. I I , I , I , ! I , I ..!... , . , I , ,~ 8 .,.:;0' fA._:r= 1l.aSVVl:l ~~ " i ~.- . t ~_U~~.:::. ~ .~ .. ~/ , t' I " ~ "', .....~~rALo.f" 7" ~.. I " t. I , I , . I , . ". t,; --cc ,; ,..,; ;;,>;;' . ;' , .. .. .\ ,.. ''''1' ""'" lm~ ", -~'Ku ~'*~ ~.I~ !' a' A' ;,;:<>l ~. "~,rh . '.. ;. ~ " 1'.lL : . t t, :: " ..:!:::: " ';; ~: ,;:::' .,: ;',' . ';' ;,; ,." : I'..:i;, , ,ii .,.' ". ,::, " Filed in this office: Augusta - Richmond County 01/06/200613:35:58.00 Elaine C. Johnson Clerk of Superior Court _~ _ _ _ _ _ _~T~H.!:.:~. SHEET 7 ~ STATION 11+00 " ~ " J,r' i - T - - \1 p)' " - - - - - " " /; I I I 'P' : '.. " // ! II I t I! I '~'~ l , (I' B I, \ \ : I ! , 8 ~ I' ~ \ : I r. 11 i I ~) :. , :1 I ' ~ i ~ll ~I I ':i 2i' \ : I I Md \ : 1 , j~~ ,: I . - I I , : I I~ I i I!: ,I J : I ~ j I ! I jN "-J : I NI I : I I : I , : I , : I \ : I \ : I \: I , ~ ' , . , ! . " r' ~ -( [;j ~ 0 :-4t- ' ~ F 1m '!:I !~ ~~ -c: 0 a ~r~ ds ~~'S tA;1 at ii- J ~iS i A ~i~ ~iQ ~r d iiA i~1 "~ I~ ~; Id..<.\-+~ &.(Y\. ~~::s+.:r~c-+- R : c.-i! f'<V>.,J d ~~ ~ be..,,-Jc~!> A&k ~ /)e."..JO\.....!> t::vvc.V-<.o~'>'\e..-tr EXHIBIT "A" ? I ~ I SPIRIT CREEK II" ~ ~ ~ FORCE MAIN ~; a BOND PROJECT NO. 80500 P ~ Cranston. Rob;rt;~~'&'Whiteburst. P.C. i ; Ii _!do:, - _"A-=':: - ~...... PLAN I PROFILE ....".,..1_ .IIMIl'--*,-_~ ~ SHEET tJ