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HomeMy WebLinkAboutEncroachment Agreement/Tobacco - Windsor LP Augusta Richmond GA DOCUMENT NAME: t- N c.~O AC-t+ r" II: N-r' {J ,t<eem,:;"" /, c e, l'l ceo - .\0 \Iv l>So tZ. I.-p DOCUMENT TYPE: A J<<.~6P1~' YEAR: /1 q 0 8" BOX NUMBER: to FILE NUMBER: 1 3 <?g-?-- NUMBER OF PAGES: ~ , 'I-~.~ ~':,,#: ' ~~" +- -" . ~ r ~ J: ~:.: !.'i ;:,1 ,'. :", ' ~: r ~ \, 1.. ,~.,' c ~ [' U::~. . . ,'.}. : r REEL 609 PAGE 2318 98 SEP -2 PH 3: 05 f~Li-\' r.' :~~ c. ,J CHl'~S (Ji\'~ ::LEifK or ~::: l~'[~F:;(jR COUf(r ORIGINAL REEL RECORDED REEL 609 PAGE 2318 tin P ID: 369827 Return to: James B. Wall 454 Greene Street Augusta, GA 30901 STATE OF GEORGIA COUNTY OF RICHMOND ENCROACHMENT AGREEMENT WHEREAS, Augusta, Georgia is the owner of a 20 foot sanitary sewer easement located on property at 2506 Tobacco Road, Augusta, Georgia, as hereinafter described, to wit: See Exhibit A attached hereto and incorporated herein by reference. and, WHEREAS, Tobacco-Windsor, LP, owner of said property, desires to encroach upon the western side of said sanitary sewer easement in order to construct improvements thereon and construct a building and other improvements thereon; and WHEREAS, Augusta, by and through the Utilities Department, is agreeable to permit 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 section of the sewer 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 Tobacco-Windsor, LP, a permit to encroach upon said easement by approximately 2.5 feet on the front of said property and by approximately 4.5 feet on the rear of said property herein described. In further consideration for this Encroachment Agreement, ,- .. . ~ . . ~ ' REEL 609 PAGE 2319 Tobacco-Windsor, LP, agrees to indemnify and hold harmless Augusta, Georgia, its elected officials, officers, and employees, and their successors and assigns, from any and all claims, demands, actions, causes of action, fer injury or death, destruction,H 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 sanitary sewer 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 e~bY its duly authorized officers officials this ~ day of , 1998. Signed, sealed and delivered in the presence of: tJ By: 7JKI- A;~:r ~ ~. ~ C rk TIlls documenllll\llO'ltd u lo ien ~ ..........". . ~,' ...'. r:, '" ,',', .~ . -, ,r ~: "N~$~J?Y:J~Pu.~i~ .s:, State of GA t ,"tl~~tc~~J-it,$..~or~ Expires : ~-';{)()I ~ ,,~t~~/; i':~~~ ;q~} ; . '''~.J fJi" \ '.... ... ;;: ~ ~ .-~~:.~~~~;\1'J..rJ 1:-....;; . ,,; r,,;.. $' ;l'h~~:':s.,isi:t.le d"'~','i3 ~ a{l"e d .., I:.:,! :"'i . __ _ '" ~ " ;... it '. .-~EY'p.r\e-senc F~,}f' ,;'"".' .";::;, By-:-......, HULL PROPERTIES, INC., AS i ... ~~ENM .~~ J~me 1M. Hull, as its President , I i i A:TEST' c;s, --~_.. 'E~~- =:b2- ;yvif.t'n'e~s "':;~':: ;.,' "", . \):i\ .'. ;:.j I ,I,; 0 ~.'1~ "'K >t~..' .,:<",,1.'" ':.:' ..... ;"';.. ,~ ;"~Not'a;!~yr;P.ub3G~c. ' ,,,S,:t'ate O~G - ,"'l~~,_ t~(,\......I.~,.~... ,.'l,~},v., n(/" -: MY""'Q,0mmitr$'ibr::H'Expires:. '"\0 .. ~:}'!;;~fl~~"f -'. ;- . ,....~:, ...;. ; .. ". ;~ ~.... 't REEL 609 PAGE 2320 EXHIBIT "A" ALL THAT certain tract or parcel of land situate, lying and being within the State of Georgia, County of Richmond, containing 0.45 acres and being more particularly shown and described as Outparcel"A" on a certain survey plat prepared for Tobacco-Windsor, L.P., Provident Mutual Life Insurance Company of Philadelphia and Chicago Title Insurance Company by Southern Partners, Inc., dated October 14,1992, and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 407, Page 77-82. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, courses, dimensions, distances and locatioll of the'property hereih described. I~J RICHMOND COUNTY CLERK S~PERIOR COURT FILED FOR RECORD 02 SEP 199~ AT 03:05PM RECORDED 02 SEP 1998 J,; ,J)v _. _1,_' _' . ~ ..., - _...- : '0 t~' !-::' . ! - -', '~'l:' o :"7 ~1. 1\. .", .-;:" f '~::t::< ~ '~-. ~ j .... . .....- . ........ ';~'.~';; '. ~ ... i;.-