HomeMy WebLinkAboutBeaver Drive Tap
Augusta Richmond GA
DOCUMENT NAME: &aver D\'. )0-9.
DOCUMENT TYPE: OC?J'<: ~+
YEAR: L1l
BOX NUMBER: D ~
FILE NUMBER: \~3L\,
NUMBER OF PAGES: \ ~
;\-1"0- "'-~l!/ ~
:~ETU.~N 'ro:
" .Ms:' Anita P. Kattegat
r'Georgia Power Co.
2103 North Leg Road
Augusta, Georgia 30909
..
/f?.I.ljYJ~ 10/1-::/97 @ /{}fS A'~SJ~ 1].- ~J/ rJ~
'GOVERNMENTALENCROACHMENTAGREEMENT
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APPLlCATION# 30374
SUBJECT: Beaver Drive TaD 46Kv
The Georgia Power Company, Hereinafter called the "Power Company", hereby consents for Richmond County, a Political Subdivision of the
State of Georgiahereinafter called the "Undersigned", to use an area within the Power Company's subject electric transmission line right(s)-of-way
described as follows:
Said right(s)-of-way being 100 feet in width and extending in part through Land Lot 1269th GMD of the Richmond District, of Richmond County,
Georgia, on which the Power Company has constructed and now maintains and operates said electric transmission lines by virtue of certain easements
heretofore acquired by the Power Company. The said right(s)-of-way are shown on plat attached hereto and made part hereof.
The use of the area by the undersigned within said right(s)-of-way, pursuant to this consent, shall be limited to retention Dond with 12' wide benn, 6'
. high chain link f(mce. 2 oates on the east and west sides for access. new headwall. 24" RCP at the location and to the extent as shown on said
attached pial. It is specifically understood that no buildings or other obstructions of any type will be permitted within or on subject transmission line
right( s )-of-way.
The plans and specifications as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to the
following terms and conditions:
1.The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by the Power Company's right(s)-of-way in the event
the undersigned does not own the said lands and rights. ·
2. The Undersigned agrees to use said area within the Power Company's right(s)-of-way in such a manner as will not interfere with the Power
Company's activities and facilities as now, or hereafter, exist thereon ( hereinafter Power Company's" activities" and "facilities".)
3. The Undersigned agrees that the use of Power Company's right(s)-of-way as herein provided shall in no way affect the validity of the Power
Company's easement(s) and shall in no way modify or restrict the use or rights of the Power Company, its successors or assigns, in and to the area to be
used. The Undersigned acknowledges the Power Company's right and title to said easement(s) and the priority of the Power Company's right to use and
hereby agrees not to resist or assail said priorty.
4. The use of said area within said right(s)-of-way by the Undersigned shall be at the sole risk and expense of the Undersigned, and the Power
Company is specifically relieved of any responsibility for damage to the facilities and property of the Undersigned resulting or occurring from the use of said
right(s)-of-way by the Power Company as provided for herein. Undersigned covenants not to sue Power Company in that instance.
5. 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 Ten (10) feet of the Power Company's overhead conductors. The Undersigned agrees to comply with Offical Code of
Georgia Section 46-3-30 et seq., (HIGH-VOLTAGE SAFTEY ACT), and any and all Rules and Regulations of the State of Georgia promulgated in
connection therewith, all as now enacted or hereinafter amended; and further agrees to notify any contractor(s) that may be employed by the Undersigned
to perform any of the work referred to in this Agreement of the existence of said code sections and regulations by requiring said work to be performed in
compliance with said code sections and regulations by including same as a requirement in its bids and i~cluding 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 areCa) electrical conductors, (b) energized, (c) uninsulated and (d)
dangerous.
6. Notwithstanding anything to the contrary contained herein, the Undersigned agrees to reimburse the Power Company for all cost and expense for
any damage to the Power Company's facilities resulting from the use by the Undersigned of said area within said right(s)-of-way. Also, the Undersigned
agrees that if in the opinion of the Power Company, it becomes necessary, as a result of the exercise of the permission herein granted, to relocate,
rearrange, change or raise any of the Power Company's facilities, to promptly reimburse the Power Company for all cost and expense involved in such
relocation,. rearrangement or raising of said facilities.
7. The Undersigned agrees to notify or have his contractor(s) notify the Power Company's Transmission Supervisor or Manager, Augusta, Georgia,
Phone 667-5654, at least two (2) days prior to actual construction on the Power Company's right(s)-of-way.
a.The Undersigned agrees, to the extent if may lawfully do so, to indemnify and save harmless and defend the Power Company from the payment of
any sum or sums of money to any persons whomsoever ( including third persons, subcontractors, the Undersigned the' Power 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
Power Company) in any way attributable to or arising out of the use of the above described lands, by the undersigned as herein provided, including'(but
without limiting the generality of the foregoing) all liens, garnishments, attachments, claims, suits, judgements, costs, attorney's fees, cost of investigation
and of defense, and excepting only those situations where the personal injury and property damage claimed have been caused by reason of the sole
negligence on the part of the Power Company, its agents or employees.
9. The Undersi.gned hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done on odo said
described right(s)-of-way, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contractors,or subcontractors
to indemnify and defend Power Company, its agents and employees as provided for above from payment of any sum or sums of money by reason' of claims
or suits resulting from injuires (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 l)ndersigned's facilities, projects or programs conducted on Power Company's right(s)-of-way herein described.
10. The Undersigned further agrees to require that any such third party, contractor, or subcontractor doing or providing any such work or construction
on said right(s)-of-way carry liability insurance which shall specifically cover such contractually assumed liabilty. A certificate of such insurance issused by
the appropriate insurance company shall be furnished to the Power Company on request, said amount of insurance to be not less than $1,OOO,OOQ for any
one person, $5,000,000 for anyone accident for bodily injury or death and $1,000,000 for property damage for anyone accident. " '
11. RNV LANDSCAPING SPECIFICATIONS: RNV easements grant Power Company the right to remove all trees and brush from the limits of the
right-of-way. However for aesthetics in urban areas, Power Company will permit some planting of shrubbery and low growing trees provided these plants do
not interfere with the~ccess to and operation of Power Company's facilities. A planted low growing tree is defined as a tree which naturally grows no more
than 15 feet in height at maturity. - ---- - ------ . - _._-- - .
12. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors andlor assigns.
The Undersigne~ ~~by accepts tile foregoing consent, and has by Resolution of the Commissioners, or by other legal and proper authorization, duly
adopted on the ~ day of M~ , 19-H(a copy which will be furnished to Power Company on request) authorized the
execution and acceptance of this Agreement to the terms and conditions set forth above and in the event the Undersigned fails to perform as herE$!
provided and shall have executed and returned this Agreement on or before April 30, 1997, this Agreement shall become void and no use of the tower
Company's right(s)-of-way as herein provided for shall be made. JA. 1JpfJ
IN WI~N~SS WHEREOF, this Agreement has been duly executed, this the /67i:.J!.,... d of f.....-, ,19-H-
"' " ,/.- -:." > .2
WITNESS,,.,,-' ~ 0
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~N0JARY PUBDC: ~ ' . t/.
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~ '.=.:;, ..:::: i' 'V ; .Notarv Public. COll.lmbia, County. Georgia.o DATE: -7 -- /0 .;.-- / , ~ i
::: ~;, -- ~ z::J. ' .CI\iv C()mmis~ion C:~p:res December 13, 19(,) 0 E '(j
%/23h~ pow~aW-': by it uly authorized agent executed this Agreement, this the..2.1.day of ~ ' 19:11... a ~
WiJJ;S~~)~,~~ '. . ~.', 4(t~ o::b' GEORGIA POWE COMPANY .g ~
r,,.,. _./ Ii/) --1-- /~ -
NOTARY' PUBLIC: LUn~' aLkLJ " BY: Ar- .!2 10
701190BC 1251 Transmission Operating S
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Supporting Statement
Easement Agreement #30374
Richmond County
During the construction of the retention pond, the contractor will enter the right-of-way through
Wedgewood or Beaver Drive. The contractor will not be permitted to enter along the substation fence at
any time.
Contractor shall place a layer of#57 crushed stone, D.O.T. Standard Specifications, on top of 18" stone
plain rip-rap to provide smooth access for maintenance vehicles and utility vehicles.
Please note that this will enhance GPC's accessability to maintain structures located further down the right-
of-way beyond the retention pond.
...-. .2..gates 16' wide shall be installed at the east and west ends of the Georgia Power Easement;
All areas shall be grassed.
Distribution pole to be relocated. See attached letter, dated 10/23/96 for relocation costs.
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Georgia Power Company
2103 North Leg Road
Augusta, Georgia 30909
Telephone 706 738-8228
East Region
~
Georgia Power
{ne soumern e!ecmc system
October 23, 1996
Mr. Jack Murphy
Richmond County Public Works
1815 Marvin Griffin Road
Augusta, GA 30906
Dear Mr. Jack Murphy:
r have been working with Eric Harnrnarlund, W R Toole Engineers, to estimate the costs of pole
relocations related to the Tanglewood Drainage Project. The current scope of the project would require
the elimination of one pole and the replacement of two adjacent poles. Georgia Power would seek
reimbursement for the expenses incurred in this relocation. I have estimated the costs involved and
communicated them to Mr. Hammarlund. Per your request, I would like to confirm in writing the
reimbursement Georgia Power Company would seek for our expenses incurred on this project. The
estimate for this work totals 56651. 00. I have included a copy of the face sheet of this esitmate for your
records. A bill will be generated as details of this project are completed. If you have any questions
regarding this estimate please call me at 667-5527.
Sincerely,
John G. Wyatt
Distribution Engineer
~~. L~~
Cc: Eric Hammarlund, W R Toole Engineers
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'. : REEL 573 PAGE 838
Subject: Beaver Drive
115/12 KV Substation
L. F. No.: 8-353
STATE OF GEORGIA
Please re~TY OF FULTON
Georgia Power Company
Attn: Anita I.~tteg?t
2103 North V~g RDad
Augusta, GA 30909
97 OCT 15 AM 10: I 6
EL"~.l~:~~ C. \.~~...i ;:\~)(~t:~
CLEFih i:}.~' S'.ifJ;:;;i~1R COURT
~ EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into this /5 day of ~f'J C
19 '11 , by and between the GEORGIA POWER COMPANY, a Georgia corporation, with
offices in Fulton County, Georgia, (hereinafter referred to as the "Company"), and
RICHMOND COUNTY, a political subdivision of the State of Georgia, (hereinafter referred
to as the "Undersigned").
..--....-/
That for and in consideration of the sum ofTEN DOLLARS ($10,00) and other
valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the
Company and the Undersigned covenant and agree as follows:
The Company does hereby grant to the Undersigned a non-exclusive easement, under
the terms and conditions set forth herein, to construct and maintain one fifteen foot (15') wide
access road for ingress and egress, over, under and across lands of the Company, (hereinafter
referred to as the "Premises"), more particularly described as follows:
A tract of land situate, lying and being in the 1 269th G ,M. District, Richmond
County, Georgia, and more particularly described as that tract acquired by the
Company for the construction, operation and maintenance of the Company's
Beaver Drive 115/12 KV Substation, and more particularly depicted on a
Georgia Power Company Drawing, Easement No. 30373 designated Exhibit
"A", a copy of which is attached hereto, made a part hereof and incorporated by
':.. reference.
This grant of a non-exclusive easement is subject to the following terms and
conditions:
1. In accepting this grant of easement the Undersigned acknowledges that the Company
has made no representations as to whether the Premises are suitable for the use as an
access road contemplated herein and the Undersigned accepts an easement over said
Premises in their present condition as suitable for said uses. The Undersigned further
agrees that its uses of the Premises are subject to those restrictions contained in Exhibit
"B", attached hereto, made a part hereof and incorporated by reference.
2. The uses of the Premises by the Undersigned shall be undertaken in a manner as not to
interfere unreasonably with the use,and enjoyment of the said Premises by the
Company, its successors and assigns.
I)RIGINAL REEL RECORDED
REEL 573 PAGE 838
l~ I P ID: 329966
"$'
3.
REEL S73 PAGE 839
The Undersigned shall undertake all construction activities, as contemplated herein, in
accordance with engineering specifications approved in writing by the Company.
Following such approvals, the Undersigned shall notify the Company's Transmission
Supervisor or Manager, Augusta, Georgia (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 access road, as contemplated herein, the
Undersigned shall, at its sole cost and expense, restore all areas of the Company's lands
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.
5. In the event that the Company determines, in the future, that the location of the access
road 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 access road 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
access road.
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. 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. Ifthe 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")
2
REa 573 PAGE 840
Section 46-3-30 et seq,(HIGH-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.
8. 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 uses 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 the present
condition and having agreed that said Premises may not be suitable for the uses
intended by the Undersigned and further that the Premises may not be in a safe or
proper condition for such uses in numbered paragraph 1, above, if the liability of the
Company arises due to the condition of the Premises or the suitability of said Premises
for the uses intended in this Agreement, such shall not be deemed the sole negligence
of the Company.
9. The Undersigned shall not plac~ or store, nor permit 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.
10. 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.
11. 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
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REEL S73 PAGE 841
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:
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Witness .
"THE COMPANY"
GEORGIA POWER COMPANY
BY:~(\' v-J~
Name: . J.A. Wilson
Title:' Vice President-land
(SEAL)
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REEL 573 PAGE 842
EXHIBIT "B"
SPECIAL STIPULATIONS TO AGREEMENT
between
GEORGIA POWER COMPANY
and
RICHMOND COUNTY
GEORGIA POWER COMPANY (the "Company") and RICHMOND COUNTY (the
"Undersigned") agree:
1. The fifteen foot (15') wide access road to be constructed, operated and maintained by
the Undersigned shall be confined to those areas shown on Exhibit "A";
2. All oonstruction activity shall be conducted at a distance greater than twenty-five feet
(25') from any structure or attachment thereto;
3. The Undersigned will construct the access road utilizing a layer of #57 crushed stone,
D.O.T. Standard Specifications, on top of 18" stone plain rip-rap; and
4. All disturbed areas outside the access road shall be re-seeded by the Undersigned; and
5. The Company will not bear any cost for repair caused by the Company's maintenance
of its facilities.
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REEL 573 PAGE 844
Supporting Statement
Easement Agreement #30373
Richmond County
During the construction of the retention pond, the contractor will enter the right-of-way through
Wedgewood or Beaver Drive. The contractor will not be permitted to enter along the substation fence at
any time.
This easement covers a 15' wide access easement along the east side of the property line for the
m~tenance and operation of the retention pond.
Contractor shall place a layer of#57 crushed stone, D.C.T. Standard Specifications, on top of 18" stone
plain rip-rap to provide smooth access for maintenance vehicles and utility vehiCles. .. .
Please note that this will enhance GPC's accessability to maintain structures located further down the right-
of-way beyond the retention pond.
2 gates 16' wide shall be installed at the east and west ends of the Georgia Power Easement.
All areas shall be grassed.
There ~ill not be any GPC facilities relocated within the fee simple property (Easement).
See Encroachment 30374, for remainder of retention pond and distribution pole relocation.
GAl RICHMOND COUNTY CLERK SUPERIOR COURT
FILED FOR RECORD 15 OCT 1997 AT 10:16AM
RECORDED 15 OCT 1997
AUGUSTA-RICHMOND COUNTY COMMISSION
LARRY E. SCONYERS
Mayor
ROOM 801 MUNICIPAL BLDG. (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
WILLIAM B. KUHLKE. JR.
WM. "WILLIE" H. MAYS. III
J. B. POWELL
MOSES TODD
ROB ZEITERBERG
FREDDIE L. HANDY
Mayor Pro Tern
November 17, 1997
CHARLES R. OLIVER, P E. CPA
Administralor
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County
Augusta, GA 30911
JAMES B. WALL
Anomey
Bldg.
Reply 10:
P.O. BOX 2125
Augusta. GA. 30903
RE: Governmental Encroachment Agreement and
Easement Agreement with Georgia Power
Beaver Drive Tap 46Kv
Tanglewood & Kingston Subdivision
Drainage Improvements
Dear Lena:
I enclose herewith the original of a fully executed copy
of the Governmental Encroachment Agreement referenced above, which
has been recorded in the Office of the Clerk of Superior Court of
Richmond County in Realty Reel 573, pages 831-835. I am also
enclosing a fully executed copy of the Easement Agreement between
Georgia Power Company and Richmond County, as referenced above,
recorded in said Clerk's office in Realty Reel 573, pages 838-844.
Please place these in the City's permanent records.
Thanking you, I am
JBWjsjp
ry truly,
Enclosures
cc: Jack Murphy
DEPARTMENT OF PUBLIC WORKS AND ENGINEERING
Jonathan P. Adams, P.E.
Director
Pre-Construction Section
Jack F. Murphy
Pie-Construction Engineer
1815 Marvin Griffin Road
Augusta, Georgia 30906
(706) 796-5040 - Fax (706) 796-5045
Clifford A. Goins, Assistant Director
Engineering Division
FROM:
Jim Wall,Attorney
~ack F. Murphy, Preconstruct ion
\YNovember 13, 1997
Engineer
TO:
DATE:
RE: Tanglewood @ Kingston Subdivision Drainage Improvements
Georgia Power Company Easement Agreement
File Reference: 87-056
Attached is one' copy' each of a fully executed "Governmental
Encroachment Agreement" and an Easement Agreement with Georgia
Power Company in connection with the above project.
Please note that these agreements have already been recorded.
cc: Preconstruct ion File