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HomeMy WebLinkAboutAugusta 115 KV Transmission Line Augusta Richmond GA DOCUMENT NAME: A0 ~tp.. \ \5 'K V V()-l'\3\'Y1.' 'S:S; Cm \ ~ n e. DOCUMENT TYPE: 3"e.,,"I e.nc:.. YEAR: 0\ BOX NUMBER: J Lt FILE NUMBER: I 0 '8 L(; NUMBER OF PAGES: 7 '\. ~ . ( ~ 75%; par 23;}G, - 2332 / I( 9 /0/ J 13 : 'f~' S/ I?I('/'~&d ~~ STATE OF GEORGIA COUNTY OF FULTON Subject: West Augusta - Augusta 115 KV Transmission Line L. F. No.: 6-450 EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this !f!!.- day of ~7'0~ . 20K., by and between the GEORGIA POWER COMPANY, a Georgia corporation, with offices in Fulton County, Georgia, (hereinafter the "Company"), and the CITY OF AUGUSTA, GEORGIA, a Political Subdivision of the State of Georgia, (hereinafter the "Undersigned"). That for and in consideration of the sum ofTEN DOLLARS ($10.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Company and the Undersigned covenant and agree as follows: The Company does hereby grant to the Undersigned a non-exclusive easement, under the terms and conditions set forth herein, to construct, install, operate and maintain a pedestrian and bicycle trail consisting of an eight foot (8') wide concrete sidewalk with two (2) two foot (2') wide shoulders within a twelve foot (12') wide permanent easement over and across lands of the Company (hereinafter the "Premises"), more particularly described as follows: A tract of land situate, lying and being in the 87 GM District, Richmond County, Georgia, more particularly depicted on a drawing "Easement 30584", a copy of which is designated Exhibit "A," is attached hereto, made a part hereof and incorporated by reference. This grant of a non-exclusive easement is subject to the following terms and conditions: 1. In accepting this grant of easement the Undersigned acknowledges that the Company has made no representations as to whether the Premises are suitable for the uses contemplated herein and the Undersigned accepts an easement over said prenfises in their present condition as suitable for said use. The undersigned further agrees that its useiofthe Premises is subject to those restrictions contained in Exhibit "B," attached hereto, made a part hereof and incorporated by reference. 2. The use of the Premises by the Undersigned shall be undertaken in a manner which will not interfere unreasonably with the use and enjoyment of the said Premises by the Company, its successors and assigns. The Undersigned's pedestrian and bicycle trail shall be constructed so as not to interfere with the permissible use of the surface area of the easement by the Company. " . . :..', . i' 3. The Undersigned shall undertake all construction activities, contemplated herein, in accordance with engineering specifications approved in writing by the Company. Following such approvals, the Undersigned shall notify Anita P. Kattegat, Georgia Power Company, (706) 667-5654, three (3) days prior to commencing any such activity. 4. The Undersigned agrees that immediately following any construction, installation, or maintenance activities related to its pedestrian and bicycle trail, as contemplated herein, the Undersigned shall, at its sole cost and expense, restore all areas of the Company's lands outside the pedestrian and bicycle trail which have been disturbed by such activities. All restoration of these lands shall be to a condition substantially the same as existed immediately prior to any such disturbances, including, without limitation, any and all necessary repairs and replacement of landscaping and pavement which may be removed and excavated by the Undersigned, and all necessary repairs to restore the original contours and re-establish the ground cover to control erosion. The Undersigned shall also notify the Company when the work is completed and the Undersigned shall provide a representative to accompany the Company's representative on an inspection of the Premises. 5. In the event that the Company determines, in the future, that the location of the pedestrian and bicycle trail easement granted herein interferes with the operation of the Company's facilities or with the development of the Company's lands, the Undersigned agrees to remove and relocate, at the sole cost and expense of the Undersigned, its pedestrian and bicycle trial from the lands described herein to a mutually agreeable location on the lands of the Company, which shall be established by grant of easement from the Company to the Undersigned. Further, the Undersigned agrees to release and quitclaim the rights granted herein in exchange for the said grant of easement to facilitate the relocation of the Undersigned's pedestrian and bicycle trial. 6. The Undersigned shall not permit any mechanics' or materialmen's or other liens to be filed or placed against the Premises by reason of work, services or materials supplied to or claimed to have been supplied to the Undersigned, and if any such lien should at any time be filed against the Premises, the Undersigned shall cause the same to be discharged of record by paying the amount claimed to be due, by deposit in court or by posting bond within thirty (30) days of the date of such filing. If the Undersigned shall fail to discharge said lien within such period, in addition to any other rights or remedies of the Company, the Company may, but shall not be obligated to, discharge same either by paying the amount claimed to be due or by posting bond. Any amount paid by the Company for any of the aforesaid purposes or for the satisfaction of any other lien caused by the Undersigned and all reasonable expenses of the Company in defending any such action or procuring the discharge of such lien, including reasonable attorney's fees, shall be repaid by the Undersigned to the Company on demand. . 7. The Undersigned hereby agrees and covenants not to use and will prohibit agents, employees and contractors of the Undersigned from using any tools, equipment or machinery within twenty feet (20') of the Company's electrical conductors. The Undersigned agrees to comply with Official Code of Georgia (hereinafter the "Code"), Section 46-3-30 et seq.(IllGH- VOLTAGE SAFETY ACT), and any and all rules and regulations of the State of Georgia promulgated in connection therewith, and further agrees to notify any contractors that may be employed by the Undersigned of the existence of said Code sections and regulations by requiring any work to be performed in compliance with said Code sections and regulations by including same as a requirement in its request for bids and including said requirement in any contract let as a result of said bid. The Undersigned further agrees and covenants to warn all persons whom the Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductors are (a) electrical conductors, (b) energized, (c) uninsulated and (d) dangerous. 2 . . i' 8. . The Undersigned hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done on or to said Premises, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contractors, or subcontractors to indemnify and defend the Company, its agents and employees, from payment of any sum or sums of money by reason of claims or suits resulting from injuries (including death) to any person or damage to any property which is in any manner attributable to or resulting from the construction, use or maintenance of the Undersigned's facilities, projects or programs conducted on the Company's Premises herein described. . 9. The Undersigned further agrees to require that any such third party, contractor, or subcontractor doing or providing any such work or construction on said Premises carry liability insurance which shall specifically cover such contractually assumed liability. A certificate of such insurance issued by the appropriate insurance company shall be furnished to the Company on request, said amount of insurance to be not less than $1,000,000.00 for anyone person, $2,000,000.00 for anyone accident for bodily injury or death and $500,000.00 for property damage for anyone accident. 10. To the extent allowable by Georgia law, the Undersigned shall and does hereby agree to indemnify and save harmless and defend the Company from the payment of any sum or sums of money to any person whomever (including third persons, subcontractors, the Undersigned, the Company, and agents and employees of them) on account of claims or suits growing out of injuries to persons (including death) or damage to property (including property of the Company) in any way attributable to or arising out of the use of the Premises by the Undersigned, as provided in this Agreement, including, but without limiting the generality of the foregoing, all liens, garnishments, attachments, claims, suits, judgments, costs, attorney's fees, costs of investigation and of defense, and excepting only those situations where the injuries, and damages claimed have been caused by reason of the sole negligence on the part of the Company, its agents or employees. The Undersigned having accepted the Premises in their present condition and having agreed that said Premises may not be suitable for the use intended by the Undersigned and further that the Premises may not be in a safe or proper condition for such use as contemplated herein, if the liability of the Company arises due to the condition of the Premises or the suitability of said Premises for the use intended in this Agreement, such shall not be deemed the sole negligence of the Company. 11. The Undersigned shall not place or store, nor pennit to be placed or stored, any Hazardous Substances (as defined in 42 U.S.C. Sections 9601, et seq.), petroleum products or other pollutants, toxic substances or environmental hazards on or under the Premises. 12. This Agreement constitutes the full and complete agreement between the parties hereto with respect to all matters contained herein, and evidence of any prior or contemporaneous oral agreement or understanding shall be inadmissible to alter the terms of this Agreement. 13. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors, assigns, and successors in title. 3 .., . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. Signed, sealed and delivered in the presence of: &~~ Witness "CaMP ANY" ::OR~ANY Name: O. Ben arris Title: Vice President - Land (SEAL)=J:xI~ ~~~ ~,~ ~ ~ Notary Publir$ A.C) ....~an;;....1'<S- ~ .... o~" . t)\ '. 't- 0:::;. ~.. ..u.l~ -;z,: .,;= g ~ i~'~l<<f'oai ~ S~:. I ~ ~ .... O~., ~ ~ ~ A. "~ ~V 1:.... ~ ~ ~ r~ ....... ...- ~ ~~ O.i.LnS .~ 1\~ '1/1111'" III \ \\ \\\\\'1. 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H'~ L;tj~ t;;..' .'. .. _,.~ .",~,.., ., _'~;';" '.- ,..'....,.... -." ,j,---";:'; /~ ,~~---. O. ,.,. ,. Jii,.r'r.1 :,"""" ""'~ ,~!---- .:.': . ,., ,.",---.. ~..' ,:;\: Ot,;"r:-- ,.-. -:-, ):___~.,!~~)~ ;if:-'- .."! \~c..n ,!J........ ;~j-,-..if ~;:J~ _ ';l!~ ~,,:~)If;::::;: :.~~,<:::) . ~ .",., . f'.'''''' iY"'" ,.Yc:;)':1. \. fr.;>~\I>\~iCO' ... :r-- ....,.. o 'J:. .V " . ( ... . 1 .,." ~ ~ , 't-.. . ! .. . ". EXHIBIT "B" SPECIAL STIPULATIONS TO AGREEMENT between GEORGIA POWER COMPANY and the CITY OF AUGUSTA, GEORGIA GEORGIA POWER COMPANY (hereinafter the "Company") and the CITY OF AUGUSTA, GEORGIA (hereinafter the "Undersigned") agree: 1. The pedestrian and bicycle trail to be constructed, operated and maintained by the Undersigned shall be confined to that area shown on Exhibit "A"; 2, All construction activity shall be conducted at a distance greater than twenty-five feet (25') from any structure or attachment thereto; and 3. The Company will not bear any cost for repair caused by the Company's maintenance of its facilities.