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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: ~ .- ~~1 ,.,. '.;. .. .. - . REEL 6113 PAGE 768 ." ,. /!:[:/i,,; :~f./~::'~:~', t.J/r :.;::t 08 Sr-p J r. - 4 Pt1 2: 26 Fi Ai "'-'. f', ::';:.";' .' i..L C. ...Jr'!jI\ICO' '#LL.i\n ur ~';J:ff-f..;,-"';_.l,tl..J )tJ ,.U; f 'II"R r'f"'fiR. -. VI, L....l..: I T ...~+~'f,-~~'':'" .';" ORIGINAL REEL RECORDED . (,,,.REEL 61 e PAGE 76B ,.t., .WIP lO: 370113 . ~il':t,' -' Return to: ....~.. 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, "r , .....- .j - . .~- ~ 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: ~~ ilmt2t~ W;r t )~.~i~' .^.~~'.'. ....~.::.f;/:~,.rL'.' A~ _ ) ."",,' _'0' "i~~~;'{Jr~ ~i:~.~ ~~att:~uti~;;'~r:~tate of GA f;,. .p:1~~ ~(:D~!io~fo~ :Expires :J:l.~;.;Jo01 2.1)._,. ' : e~.:,--~ . . r -: ? %1]. \,CJf.;;'l:1 ~.\"C/ j \,:.~~..:~.... :::~:.:. /~:.. ~;/';:~ "sig'be'd.;' .'$e'aled and delivered in the"'presence f : fbo//?,. , W ~'.Er:ie'ss ,:- tf/f.'~''''''....\'i;''l'''': a~ .:j~~h)k~~t.: .. - . ". .~7~; ~'~.,;~ ..~.".;..-;~ . ::'i~. ~!=:;~~~:~~ub tAJ~.( S t ~ t e 0 f GA ~~\';~;~Y~:t.~tpl1)1Jl$Sp~{~.I1:. Explres: i - 5 - ~ 00 t~~~~f:'~4(JjF . ,,<",,". f:. C 'A~~~ ,'''i', .Mt.l f;-.. ;il~\':'i::I \ \~.;''': "1:.~~''''''_ !, 1 J I : 111 \ 1~'J '.\'-!~ ,""\ ';fi~~~~:~;:'. ",' T~~., ..:,. .(':'1::'" ';:; .,.. -d~~~ . DERICK L. THIELKE . (L. S. ) '7!14- czp ~I . . .~~ i c' ~,.. I, REEL 610 PAGE 770 ~ !::XH 1 0 1'" ;.. 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. 1 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 ( :):'/~'; ('~~:.r' L ~~LE~I~~O~~C%~~N1~ ~~~~ 9;~~~I~: ~~~1T RECORDED 04 SEP 1998 3- NIL- .-.;'-. 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