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:
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REEL 609 PAGE 2318
98 SEP -2 PH 3: 05
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::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,
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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:
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By-:-......, HULL PROPERTIES, INC., AS
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J~me 1M. Hull, as its
President
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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
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