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Home My WebLink AboutATLANTA GAS LIGHT COMPANY ENCROACHMENT AGREEMENT , T , . -, ." Book 01156: 0936 Augusta - Richm~nd Co~n~ - - - 2007061146 12/17/2007 10:25:52.00 $0.00 AGREEMENT 111111111111 1111/1111I111111111111111111111111111111111I1111 2007061146 Augusta - Richmond County After recording, return to: " Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706)312-4143 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 G.M. District 1588, 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) 72"inch Gravity Fed Sewer main East of Doug Barnard Parkway. Said gravity fed sanitary sewer main shall maintain a minimum of two feet (2') separation from the above said gas main. 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 encroachment in compliance with the minimum cover and or clearance specifications required by Grantor's Inspector. 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 . , ,.1',\ , Book 01156:0937 Augusta - Richmond County 2007061146 12/17/2007 10:25:52.00 8. Grantee agrees to notify, or have its contractor notify, Jack Hewitt at 678-409-3313 or Grantor's Right of Way Department at 404-584-4703, whose offices are located at 10 Peachtree Place N. E., Atlanta Georgia 30309. A minimum of two days (2) is required for the area Right of Way Inspector to schedule any construction on Grantor's right of way. 9. "To the extent allowable by Law", 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 ofthe 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. By: ATLANTA GAS LIGHT COMPANY J24Jdd~ Harold D. Saunders Sr. Right of Way Agent Date: /1- 3d ~ ~L> '7 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 or fails to fully execute this document by November 30th, 2007 this agreement shall become void and no use of Grantor's right of way as herein provided for shall be made. ~, . } . . . . I \ \ \ \ \ \ :=- ::J :10 t ) ~ ::J ::IN 0 5~ C0 _LOO'- = N en .Q 30,Ea3 -....- 0 0- ~r--J::::l I 0 . (f) :2~0'O g j::: ~~ :::>>....- .- '- :l-CllQ) :(~UiC3 NO '41'14"W R=240.14'! 30.79 L-53.02 ~~.. R 0---2""5""......0'-" '-" 14'" N22'31'39"W 1 ~ \52. 92'{Ch.) '. sy;.~~.bh / \: 53.99 (Ch.) R,,"240.14' '~ SOO'4I'14"E , L""56.34 , N0978'53H/1 '} 1.07 '56.2I'{Ch) i I 111 SI0'/O'22"W I~ 34.01' - -r~-----= 10' ATLANTA GAS LIGHT _ I' /1 --- _ COMPANY EASEMENT - ~ II ~ ...... _______ i~ I {J --- ...... I &E 1 ! - -- I ..", II' - M L sou. TH AUGUSTA, INC. - ( - TAX MAP 88-0 - I - PARCEL J - PERMANENT UTILITY EASEMENT /,'.l . EXHIOllT u 0.011 Ac. 484 S.F. - TOTAL l... ~ ~ TEMPORARY CONSTRUCTION EASE;ME;NT AR,:~,~:,~ ~_.,CcC;.L ,#1 ~u"'~~-- -- 0.020 Ac. 872 S.F. - TOTAL u- '" 1J .....T". :\"" 'lsg8.~ "" .. bc..wb4-t...t ACI't.. to'~ NOTES; . ~C>~ G~""c:.Ii5O' 20 1. THIS PROPERTY MAY ALSO BE SUBJECT TO EASEMENTS. I T SETBACKS OR REGULATIONS, NOT SHOWN ON THIS PLA T, ~ BUT WHICH MAY BE ON RECORD IN THE CLERK OF TYPICAL UTILITY EASEMENT SUPERIOR COURT'S OFFICE. \ \ ~ , , \ ~~ '-..~ ~~ ~ ~~ ~~ tii'1;j CI:l~ ~ S '"< Book 01156:0938 Augusta - Richmond County 2007061146 12/17/2007 10:25:52.00 Q 0.007 Ac.- 321 S.F. TEt,jPORARY CONSTRUCTION EASEMENT TO BE ABANDONED AFTER CONSTRUCTION - M L SOUTH AUGUSTA, INC. - - TAX MAP 74-0 - - PARCEL 1.0J - 0.011 Ac. 484 s.r. PERMANENT ESMT. N 1251661), E 713113.74 0.013 Ac.- 551 S.F. TEt,jPQRARY CONSTRUCTION EASEuENr TO BE ABANDONED AFTER CONSTRUCTlON w.u. UTlUTY EASEMENT PLAT: JOB # H03169-33 IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PRE- PARED IN ACORDANCE WITH THE MINIMUM STANDARDS OF LAW. AUGUSTA-RICHMOND COUNTY COMMISION AUGUSTA, GA. ORD. 8Y: SlEIDlSON &: PAlMER ENGINEERING LOCATION: SHOWING A 20' PERMANENT ESMT. AND A 15' TEMPORARY ESMT. ON EACH SIDE OF THE PERMANENT ESMT. THRU EXISTING ATLANTA GAS LIGHT COMPANY EASEMENT AUGUSTA-RICHMOND COUNTY STA TE OF GEORGIA EQUIPMENT: TOPCON CPT -1003 REFERENCES; RICHMOND COUNTY REALTY REEL 525, PGS. 170-171 b~J: 9/24/07 6~O 0 Y PLAT CLo.SURE: / SCALE IN FEET N A SCALE: 1""" 60' FLO CLOS PRECISION.. 1/18,931' SOUTHERN LAND FlELO ANG ERROR .. 5" /PT ADJ. BY: NO RULE SURVEYORS, INC. sg~:rf; 6/23/03 DRAWN BY: G.1.0. THIS FIELD SURVEY AND PLAT VIAS PREPARED AT THE REQUEST OF AND FOR THE EXCLUSlVE USE OF THE OWNER(S) OF THIS PROPERTY ON THE DAlE THE flELD SURVEY 'NAS COMPLETED, 4571-8 COX ROAD EVANS. GEORGIA 30809 TEL 706-855-6700