HomeMy WebLinkAboutEncroachment Agreement/Frederick Thielke
Augusta Richmond GA
DOCUMENT NAME: G I\J C- rzOf.tc.H t>'l I:'S'N 'f 4') P. 6E. /YI t:bJT / ~~~ICi<. T 1<1;10 u.x-
DOCUMENT TYPE: (+')~~EJ1) eo-J J
YEAR: ~ Iq9~
BOX NUMBER: (10
FILE NUMBER:) ~ <6<6- (
NUMBER OF PAGES:
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REEL 6113 PAGE 768
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Jam~.sr"B:"-Wall
454 Greene Street
Augusta, GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
ENCROACHMENT AGREEMENT
WHEREAS, Augusta, Georgia is the owner of a 10 foot
utility easement located on property at 3643 Walton Way Ext.,
Augusta, Georgia, as hereinafter described, to wit:
See Exhibit A attached hereto and incorporated
herein by reference.
and,
WHEREAS, Frederick L. Thielke, owner of said property,
desires to encroach upon said utility easement in order to
construct improvements thereon; and
WHEREAS, Augusta, by and through the Utilities
Department, is. agreeable to permll: the encroachment upon said
easement provided the owner agrees to indemnify and hold harmless
Augusta, Georgia from any claim for damage to the building, or for
any claim arising out of any repair or replacement work performed
on the water line lying within the easement located on the
hereinafter described property;
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants herein made, Augusta, Georgia, by and
through the Utilities Department, hereby grants to Frederick L.
Thielke, a permit to encroach upon said easement by approximately
5 feet.
In further consideration for this Encroachment Agreement,
Frederick L. Thielke, agrees to indemnify and hold harmless
Augusta, Georgia, its elected officials, officers, and employees,
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REEL 610 PAGE 769
and their successors and assigns, from any and all claims, demands,
actions, causes of action, for injury or death, destruction, loss
or damage of any kind or character arising out of or in any way
related to any repair or replacement work performed on said utility
line located within the easement on the property herein described,
including reasonable attorneys' fees and litigation expenses
incurred by the party of the second part in defense of any such
claims or causes of action.
IN WITNESS WHEREOF, the undersigned has caused this
instrume~t to be e2[~~tedby its duly authorized officers officials
this ~ day of ~<cr, 1998.
Signed, sealed and delivered
in the presence of:
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. DERICK L. THIELKE .
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REEL 610 PAGE 770
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ALL 7HAT 10: c= parcel of land with i~prove~~~:s :~ereon, si_~~te,
lyi.:.g and being i:1 the State of Georqia, County of ~ic~::1on:l, ::-eing
k~o~n alid designated as Lot 8, of Walten ~ay ~es: 0f~i=es,
containing .22 acres, as shown upo~ a plat -~cordcd in the Office
of the Clerk of the Superior Court of Richmond County, Sear?i~, in
~eel 168, at page 7, and reference is hereby made to said p:at :~r
a more complet~ and accurate description as to ~etes, bounds, and
loc:ion of said property.
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LESS AND ;:;XCEPT portion conveyed as Tract "B," being a 20-foot Idde
strip ot land having an east.ern boundary of 74.60 feet and a
western boundary of 74.63 feet, as more particularly described on
a survey pIa!: prepared for Dr. Logan Nalley, Jr. by Toole Surveying
Company, dated Januc.ry 20, 1988. revised February 3, .1988, and
rec..rded in the Office of the Clerk of the Superior Court .of
:chmond County, Georgia at Realty Reel 168, pages 7-12.
3A10 property is conveyed subject to restrictions of record in said
ClerK'S Of f ice in Reel 168, page l' .
SAID property is also conveyed subject to Dec:aration of
Restrictions and Covenants providing for Walton Way West Offices
Association, Inc., recorded in Reel 168, pages 28-48 and those
easements gra:-::ed :c W3lton loJay West Offices Association, Inc.,
recorded in Reel 168, pages 49-50, ~foresaid records.
ALSO ALL that iot, tract and parcel of land situate, lying and
being on Walton Way Extension, Richm0nd County, Georgia, and being
more ~articularly known and designated as lot 7 as shown on a plat
of W~lton Way West Offices prepared by Toole Surveying Compa~y and
recorded in the O~fice of the Clerk of the Sup~ri:)r CO'.Jrt of
Ri=hmcnd County, Georgia, at Realty Reel 168, pages 7-12. Reference
is hereby made to said p"lat for :. more complete and accurate
description of the metes, bounds, distances and exact location of
said property.
SAID property is conveyed subject to ~eclaration of Rights,
Restrictions, Affirmative Obligations and Conditions Applicable to
Walton Way West Offices recorded in Realty Reel 169, pages 13-27,
the Declaration of Covenants and Restrictions providing for Walton
\'I..y WE:st vffices Association, Inc., recorded in Reel 168, pages 28-
48 and those easements granted to Walton Way West Off~ces
Association, Inc., recorded at Realty Reel 168. pnge 49-~0.
SAID property is conveyed subject to City Council o~ A~~~s:a :~~j
0: r.".diCiJtion recorded in Reel 306, page 1031, ~i::.. C.::J~:-.:':' .::'
A~gu~:a in Reel 3~ page 1826, Ric~mond County Right of Way in ?~el
]45, page 2218, kich::lond County in Reel 151, page 385, 20r.i:19
Easement in Reel 187, page 30, Georgia Powers Easements of recora
in i-:eel 41, page 131,7, Reel 191, page> 2613, Reel 16~, page :;:119,
:\'~el 43, 231~.
Exhibit A
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RECORDED 04 SEP 1998
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