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Home My WebLink AboutCSX TRANSPORTATION INC - ( ~l . Return to: COU"'h.f f,,~,;,,~,"'Pt"'''''" r'v=i';~"-\ ii .l) $"U,~~...,:\~' ~ '.".;2.1' -0:1' ~'hY~; ~~.<'. LICENSE AGREEMENT, Book 01085: 11 03 Augusta - Richmond County 200604966710/25/200615:40:04.02 $0.00 AGREEMENT 1/11111111111111I111111111I1111I1111111111111I11111111111111 2006049667 Augusta - Richmond County 701 G,rr.,;;i';(,\ :;:,)' ___3 ,'ooJ ';'..)'''~J Augusta, 8/1. ~;OS';G'l THIS INDENTURE, made and entered into this 29th day of June 2006, by and between CSX TRANSPORT A TION, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia, whose mailing address is 500 Water Street, J-150, Jacksonville, FL 32202, Grantor, and AUGUSTA, GEORGIA, a Political Subdivision of the State of Georgia, Grantee: WITNESSETH: That the said Grantor, for and in consideration of the sum of FOUR .... THOUSAND DOLLARS ($4,000.00), and other valuable consideration, paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, does by these presents, COVENANT unto Grantee, a 789 square feet ofnonexc1usive license and 1,087 square feet ofnonexc1usive license, for the construction, operation and maintenance of a precast concrete box culvert in, under and across the land as hereinafter described, being situated at or near Augusta, Richmond County, Georgia, to wit: Starting at the Point of Beginning N-l,253,777.88 E-713,874.11; thence runningS22046'00"W for a distance of 105.26 feet to a point; thence turning and running N85015'13"W a distance of 21.85 feet to a point; thence turning and running N22046'00"E a distance of 105.27 feet to a point; thence turning and running S85015'13"E for a distance of 21.81 feet back to the Point of Beginning, as shown on an application drawing prepared by Stevenson & Palmer Engineering Incorporated, dated July 15, 2005, filed contemporaneously herewith and incorporated herein, and to which reference is hereby made for a more accurate description of metes, bounds and courses. SUBJECT, however, to such easements and restrictions as may appear of record or as may be apparent from an examination of the premises. RESERVING, however, unto Grantor its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and lessees the right to continue to maintain, repair, renew and Book 01085:1104 Augusta - Richmond County 2006049667 10/25/2006 15:40:04.02 \ operate a railroad and appurtenances across the license area and to construct such additional track(s) and other railroad facilities across said license area and to maintain, repair, renew and operate the same as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees may be requisite. RESERVING, further, unto Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees the right to install, construct, locate, maintain, repair and renew any fiber optic communications lines and associated structures and facilities related . . thereto across, under or over said license area and to maintain, repair, renew and operate the same as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees may be requisite. TO HAVE AND TO HOLD the above described nonexclusive license unto Grantee, its successors and assigns, so long as it or they may require the same for the purposes granted; PROVIDED, however, that this conveyance is made by Grantor upon the following conditions: 1. Grantor shall not be required to assume any expense in connection with or incident to any construction, maintenance, use or repair of any facilities located within said license area and shall be exempt from any and all charges, costs or assessments of any kind or character on account of the construction, maintenance, use or repair of any facilities located within said license area under and across the aforesaid parcel ofland or adjacent property of Grantor. 2. If, at any time, the licenses herein granted or any part thereof, shall no longer be used or required by Grantee, its successors or assigns, for the purposes which granted, the same shall terminate and Grantee, its successors or assigns, shall execute such instruments as now provided or as may be hereinafter provided by law to clear title to the aforesaid property. 3. Upon termination ofthe license for any reason, Grantee shall properly fill in the pipes so that proper support for Grantor's facilities is maintained. 4. Grantor's Terminal Manager at 907 East Boundary Street, Augusta, Georgia, shall be given at least forty-eight (48) hours' advance notice before entry upon the property. The Terminal Manager is Joey Reyes, whose telephone number is (706) 828-4200 (office); (843) 745-5313 (cell). 2 Book 01085:1105 Augusta - Richmond County 2006049667 10/25/2006 15:40:04.02 '\ 5.' All reasonable care shall be exercised and such precautions taken as said Terminal Manager, or his authorized representative, may deem necessary to protect Grantor's facilities and operations. Grantor reserves the right to place watchmen, flagmen, inspectors and supervisors for protection purposes during the operations hereunder and the expense thereof, including the expense of any material furnished, shall be promptly paid by Grantee upon receipt of Grantor's bill therefor. In addition to direct wage and material cost, such expense shall include, but shall not be limited to, cost of supervision, traveling expenses, Federal Railroad Retirement and Unemployment Taxes, vacation allowances and all other expense incidental thereto. 6. (a) Without limiting in any manner the liability and obligations assumed by Grantee under any other provision of this Agreement, and as additional protection to Grantor, Grantee shall, at its expense, pay the Railroad Protective Liability (RPL) Fee set forth in subparagraph (ii) below and shall procure and maintain with insurance companies satisfactory to Grantor, the insurance policies des'cribed in subparagraphs (i) and (ii). (i) Prior to commencement of installation or maintenance of the Facilities or entry on Grantor's property, Grantee, and its contractor if it employs one, shall procure and maintain for the course of said installation and maintenance, a general liability insurance policy naming Grantor both as a certificate holder and as an additional insured, and containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $2,000,000 for each occurrence. Subject to Grantor's approval, Grantee may self-insure its obligation as required by this subparagraph (i). (ii) Upon execution of this Agreement, Grantee shall pay Grantor the sum of$750.00 to provide for Railroad Protective Liability Insurance. (iii) Subject to Railway's approval, Grantee may self-insurance its obligation as provided by this agreement. (b) All insurance required under preceding subsection (a) shall be underwritten by insurers and be of such form and content as may be acceptable to Grantor. Prior t,o commencement of installation or maintenance of the Facilities or any entry on Grantor s property, Grantee, or its contractor if it employs one, shall: Furnish to Grantor's Risk Manager, Walter Tyler, 500 Water Street, J-150, Jacksonville, FL 32202 (or such other representative and/or address as subsequently given by Grantor to Grantee in writing), for approval, the original policy described in subsection (a)(ii) and a certificate of insurance evidencing the existence of a policy with the coverage described in subsection (a)(i). 7. No drainage conditions shall be created or allowed to exist which would be adverse to Grantor's property. 8. A minimum clearance of fifteen (15) feet from the centerline of the nearest track shall be maintained at all times for any material, equipment or vehicles of Grantee occupying Grantor's property unless authorized in writing by Grantor or Grantor's Terminal Manager. 3 Book 01085:1106 Augusta - Richmond County 2006049667 10/25/2006 15:40:04.02 9. Grantee will construct and maintain the pipelines, at its expense, in such a manner as will not interfere with the operations of Grantor or endanger persons or property of Grantor, and in accordance with (a) plans and specifications prescribed by Grantor, (b) applicable governmental regulations or laws, and (c) applicable specifications adopted by the American Railway Engineeqng Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. 10, If Grantor shall make any changes, alterations in or additions to the line, grade, tracks, structures, roadbed, installations or works of Grantor at or near the pipelines, Grantor shall, at its own cost and expense, make such changes in the location and character of the Facilities as, in the opinion of the chief engineering officer of Grantor, shall be necessary or appropriate to accommodate any construction, improvements, alterations, changes or additions of Grantor. 11. Grantee will notify Grantor prior to the installation and placing in service of cathodic protection in order that tests may be conducted on Grantor's signal, communications and other electronic systems for possible interference. If the pipelines cause degradation of the signal, communications or other electronic facilities of Grantor, Grantee, at its expense, will relocate the cathodic protection and/or modify the Facilities to the satisfaction of Grantor so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, providing additional shielding, reactances or other corrective measures deemed necessary by Grantor. This provision applies to the existing signal, communications and electronic equipment of Grantor and to any signal, communications or electronic equipment which Grantor may install in the future. 12. If Grantee fails to take any corrective measures requested by Grantor in a timely manner or if an emergency situation is presented which, in the Grantor's judgment, requires immediate repairs to the facilities, Grantor, at Grantee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. 13. It is further agreed between the parties that the premises shall be used by Grantee only for the pipelines and for no other purpose without the written permission of the chief engineering office of Grantor. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.) 4 , , Book 01085:1107 Augusta - Richmond County 2006049667 10/25/2006 15:40:04.02 IN WITNESS WHEREOF, the said Grantor, have caused these presents to be signed by its President-CSX Real Property, Inc. and its corporate seal attested by its Corporate Secretary, to be hereunto affixed the day and year first above written. ATTEST: CSX TRANSPORTATION, INC. Stepn A. Crosby President - CSX Real Property, signing on behalf of CSXT A~ V. Murll\- Donna W. Melton Corporate Secretary By: Sworn to and subscribed Before me this 2'1#- day of v",,,e 2006.' NO~ ....~ PII... ~~"'1- . . ~ c, i "01",0 Notary Public Stale of Florida Cannan Elena Benitez My Commission 00482409 Expires 10/1612009 pN~/ AUGUSTA, GEORGIA Attesrfb~ As It Clerk of C mission By: (9~ ~_ Deke S. Copenhaver,.Mfayor David S. Copenhaver Sworn to and subscri~d before me this /1tJ;;6 day of rftMt: 2006. Y)Cl~PYlIJ Ynm~' Notary P\rlS'lic .. . Notary Public, Columbia County, Georgia My CorrumsslOn Exprres: My CQmmi~iion Expires July 27, 2010 5 (II . ~ :i !j ~ ::s 5 ~ ~ ~'lllll ~ G.l . a I. . . "; tal>~ I ~S~I .Q ~ COG.l n: ~ I ~.s ~ I o OJ ~o .~ ~ s:I 0 ~ . G.lr_' z: 1>.....- .G.l ~. tI) ;_, 4 .! ~~ il~~ \ R' . II; it " . I ir;ih N 0 ~~ . c:::0 ~I ::J .. ~I ~I./ ~ 00 u~ .~ "C ,. IIOW/-'"II" I c:::LO 0...... 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