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Home My WebLink AboutCarolyn H. Usry Indemnity & Enroachment Augusta Richmond GA DOCUMENTNAME:~.oX()\ld\) 1\ .LAS'(lj \~~ 0\ m,c:rt\mer\-;--- DOCUMENT TYPE: ~(~~ YEAR: D \ BOX NUMBER: \ \ FILE NUMBER: \~d3C\ NUMBER OF PAGES: L\ AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TfORNEY LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGII WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: iWALL@CO.RICHMOND.GA.US WALTERS. HORNSBY, III Interim Administrator WM. "WILLIE" H. MAyS, III Mayor Pro Tem February 19, 2001 Ms. Lena Bonner Clerk of the Augusta- Richmond County Commission 530 Greene Street, 8th Floor Augusta, Georgia 30911 RE: Carolyn H. Usry Indemnity and Encroachment Agreement Dear Lena: Enclosed., please find the original recorded encroachment agreement between Carolyn H. U sry and Augusta, Georgia. If you have any questions, please let me know. Yours very truly, Enclosure: 1 "' . , . ... __~-i , Book 00716:0661 Augusta - Richmond County 200100401402/131200116:23:32.00 $0 00 AGREEMENT r\\lIill 1\111111111111\ 1\11111\\111\\11111111111111111\1\111\ 2001004014 Augusta - Richmond County - ."" :{".... STATE OF GEORGIA COUNTY OF RICHMOND Return to: James B. Wall Burnside, Wall, Daniel, Ellison & Revell 454 Greene Street Augusta, Georgia 3090 I (706) 722-0768 INDEMNITY AND ENCROACHMENT AGREEMENT f:\ This Indemnity and Encroachment Agreement entered into this / / t!- day of \JJtUiJ<.L." , 2000, by Carolyn H. Usry (hereinafter called the "Applicant") in favor of Augusta, Georgia, a political subdivision of the State of Georgia, acting by and through the Augusta- Richmond County Commission (hereinafter "Augusta"); WITNESSETH: For and in consideration of Augusta's grant of permission for the awning (hereinafter called the "encroachment") on the right-of-way of Laney-Walker Boulevard in Augusta, Georgia as shown in Exhibit "A" attached hereto and incorporated herein by reference. The Applicant shall and does agreed to indemnify and save harmless Augusta, its agents, officers, servants and employees from any and all lawsuits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property arising out of the construction and/or maintenance of the encroachment located as described herein. The Applicant shall and hereby agrees to maintain the encroachment in good repair at the Applicant's sole expense and shall and does hereby release Augusta from any claims arising out of the Applicant's failure to maintain the encroachment. Augusta reserves all rights under the right-of-way and may enter the right-of-way for any purpose deemed necessary by Augusta. Applicant hereby releases Augusta from any and all claims for damages to the encroachment as a result of such work by Augusta. -, '. . Book 00716:0662 Augusta - Richmond County 2001004014 02/13/2001 16:23:32.00 All rights of the public under this right-of-way for use as a public thoroughfare are reserved by Augusta. Applicant hereby agrees that the encroachment shall remain open and unrestricted to the flow of foot and vehicular traffic. Augusta reserves the right to enter the area described in the encroachment to msure the area is being maintained in accordance with Augusta's safety and maintenance standards. Augusta shall notify Applicant of any repairs which need to be made and the Applicant shall correct the problem as soon as such notification is given. Ifthe Applicant has not made said repairs within a reasonable period of time, Augusta may enter the property to effect such repairs. The Applicant shall reimburse Augusta for any costs incurred as a result of Augusta's performing such repairs. Augusta reserves the right to terminate this indemnity agreement at any time upon thirty days written notice of the Applicant. Upon receipt of such notice and as may be specified by Augusta, the Applicant, as its own expense, shall be responsible for removing any objects from the encroachment and returning the area to its original condition or an acceptable substituted condition. The term of the Indemnity Agreement shall be for a period of ten (10) years, commencing upon execution hereof by Augusta, subject to any rights of termination as are hereinabove set forth. This Agreement shall be deemed a covenant running with the land and shall be binding upon the Applicant's successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, individually or through their authorized officers, agents or attorneys-in-fact as the case may be, causing their respective seals to be affixed hereto the day and year st above written. .~ . Usry ~ (SEAL) NOTES: 1. REFERENCE PLAY BE BALDWIN & CRANSTON ASSOC., INC. FOR CAROLYN H. USRY, ET. AL DATED APRIL 30. 1982. 2. PLAT COMPILED FROM ABOVE REFERENCE PLAT W1ni NO FIELD SURVEY PERFORMED. 3. niE PROPERTY SHOWN HEREON DOES NOT UE W1nilN A DESIGNATED FLOOD PRONE AREA. ~ ,r-~----_. -- - -- ----..., Book 00716:0663 Augusta - Richmond County 2001004014 02/13/2001 16:23:32.00 , , DRUID PARK AVE. R/W .' VARIES :.:, . ':, -x- IN CQll" ~ - T'+7= N 04'09'35. E 70.00' . , \ . 14 R.B. '"\1.9' r ." ,>, ',! APPROXIMA TE AREA OF ENCROACHMENT ..! (119 Sq. Ft.) +' ;: 8 .. - ~ ~ - " w o - o 10 CD "+7- " CI) EXISTING BUILDING (J) LaJ - 0::: ~ ~--- --- - -J Q) 0.61 Ac. UJ CD ~ Ul d 0 N 0::: Ul . fTI I- LaJ LaJ ~ (J) .. - -)--.. --- -I -I < Z < (.I 0 g ::i ~ ~ l:1 ~ . It) . - C'I 0 ~ in P') ~ z- eD 0) co "- z ~ ~ 3/4" 0. TP. TAX MAP: 45-2 PARCEL: 328 DISTRICT: 1 m ~ -J ~ ~ ,! I.LJ Z < -J CD C'I eD v - ~ . It) .It) CD f'I " "- Z : (I j 14 R.B. 107.90' S 04"25'30. W 14R.B. COMPILED MAP FOR EMMETT STREET 50' R/W THE AUGUSTA COMMISSION -------------- SHOWNG AN APPROXlMAlE AREA OF ENaIDACHMEHT. IN FRONT OF. PROPERTY ~ED BY CAROl '\'N H. USRY. LOCA lED IN THE URBAN SER'Jl~ D1SlRlCT. 87i1l G....O. Filed in this office: Augusta - Richmond County .,021.13/2001 j6'2.332.D.o Elaine C. Johnson RICHMOND COUNTY. GEORGIA SCALE: 1.-30' OCTOBER 16, 2000 ~ 15 Q ~ I :. I GRAPHIC SCAlE IN FEET .-- - ' PREPARED BY: PUBUC WORKS AND ENGINEERING DEP ARnAENT ENGINEERING DMSlON. ROOM 701 MUNlaPAl BLDG. 5JO GREENE 51REET AUGUSTA, GEORGIA 30911 708-821-1708 TERESA C. SMITH, P ,E. - DIRECTOR EXHIBIT "A" 00015.0WG