HomeMy WebLinkAboutEncroachment Agreement For Atlanta Gas Light Company
Augusta Richmond GA
YEAR: 9 ~
BOX NUMBER: ~
FILE NUMBER: )~ 601-
NUMBER OF PAGES: G
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I Book 0067{J 1347 Clerk of Superior Cou rt, R ichmond cou-Illlllllllllllllllllllllllllllllllllllmlllllllllllllllllll~ ;
199903751112/16/199914:49:46.00 1999037514 Clerk of Superior Court, Richmond County
W,OO AGREEMENT
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RETURN TO:
Harry D. Revell
454 Greene St.
;- , :-
ENCROACHMENT AGREEMENT
Atlanta Gas Light Company, hereinafter called Grantor, hereby consents for Augusta-
Richmond County, hereinafter called Grantee, to use an area within Grantor's right of way
described as being ten (10') feet in width and extending in part through 86th GooM. District,
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 and maintenance of a 54" storm sewer line, as shown on the above
described Exhibit. Said storm sewer line shall maintain 2' feet of separation from said gas main.
It is specifically understood that no other 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 facilities with
minimum cover and or clearance requirements encroaching Grantor's facilities.
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 said area within said right of way. Also, Grantee agrees that if in the opinion
of Grantor, it becomes necessary, 'as a result of the exercise of the permission herein
granted, to relocate, rearrange, change, raise or lower any of Grantor's facilities, to
promptly reimburse Grantor for all cost and expense involved in such relocation,
rearrangement, change, raising or lowering, of said facilities.
7. Grantee shall restore all areas affected by the construction within said area to as near as
possible to the conditions and original lay of the land prior to said activities.
8. Grantee agrees to notify, or have its contractor notify, Grantor's Augusta Service Center,
located at 1840 Wylds Road, Augusta Georgia, 30909, phone (706) 481-1400, at least
two(2) days prior to actual construction on Grantor's right of way.
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Book 006701348 Augusta-Richmond County
1999037514 12/16/1999 14:49:46.00
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9. 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 of the 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.
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A TLANT A GAS LIGHT COMPANY
BY~~
Michael D. utchins
Vice President - Engineering
DATE: s-I ~119'
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 this agreement shall become
void and no use of Grantor's right of way as herein provided for shall be made.
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