HomeMy WebLinkAboutGEORGIA POWER
Instrument Number: 2009019105 BooklPaf!e: 01213/2273 Date Filed: 04/20/200912:54:56.00
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Book 01213:2273 Augusta" Richmond County
2009019105 04i20I200912:54;56.00
$16.00 AGREEMENT
11111111111111
2009019'05 Augusta - Richmond County
GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT
L. F. #
6-3311
APPLICATION # 31118
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SUBJECT: Dum Jon - Evans 230kv RIGHT.OF-WAY
The Georgia Power Company, hereinafter called the .Power Company,' hereby consents Augusta, Georgia, a Political Subdivision of the State of
Georgia, hereinafter called the .Underslgned,. to use an area within the Power Company's subject electric Iransmission line right(s)-of-way described as
follows:
Sald right(s)-oI-way being varies in width and extending in part IhrolJgh, 125TH GMD, of Richmond County, Georgia, on which the Power Company
has constructed end now maintains and operates said electric transmission lines by virtue of certain easements heretofore acquired by the Power
Company. The said righl(s}-ol-way is shown on plat attached hereto and madll a part hereof as Exhibit A.
The use of the area by the Undersigned within said r1ght(s)-of-way, pursuant to this consem, shall be limited to the constnJc1lon, operation and
maintenance of a 18 water Iin. crossing at lhe location and to the extent as shown on said attached plat. It is specifically understood that no buildings or
other obstructions of any type will be permitted within or on subJect transmission line rlght(s)-of-way.
The plans and specifications as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to th~
following terms and conditions:
I. The Undersigned agrees to obtain all necessary lights from the owners of the lands crossed by the Power Company's right(s}-oI-way.
2. The Undersigned agrees to use said area within the Power Company's righl(s}.of.way in such a manner as will not interfere with the
Power Company's activities and facilities as now, or hereafter, exist Ihereon (hereinafter Power Company's "activities. and "facilllles..)
3. The Undersigned agrees that the use 01 Power Company's right(s)-of-way as herein provided shall in no way affect the validity of Ihe
Power Company's easement(s) and shall in no way modify or restrict the use or rights of the Power Company, its successors or assigns, In and to
the area to be used. The Undersigned acknowledges the Power COl1l'any's right and title to said easement(s) and the priority of the Power
Company's right of usa and hereby agrees not to resist or assail said priority.
4. The use of said area within said r1ghl(S}.of-way by the Undersigned shall be at the sole risk and expense of Ihe Undersigned. and the
Power Company is specifically relieved of any responsibility for damage 10 the facilities and property of the Undersigned resulting 01 occurring from
the use of said righl(s)-of-way by the Power Company as provided herein. The Undersigned covenants not to sue Power Company in that instance.
5. The Undersigned hereby agrees and covenants not to use and will prohibit agents, employees and contractors of Undersigned from
using any tools, equipment or machinery within ten (10) feet 01 the Power Company's overhead conductors. The Undersigned agrees 10 comply with
Official Code of Georgia, Section 46-3-30 8t seq., (HIGH-VOLTAGE SAFETY ACT) and any and all Rules and ReglJlations of the State of Georgia
promulgated in connection therewith, all as now enacted or as hereinafter amended; and further agrees to notify any contractor(s) that may be
employed by the Undersigned 10 perform any of the work referred to in this Agreement of the existence of 6aid code sections and regulations by
requiring said work to be performed in compliance with said code sections and regulations by including same as a requirement in Its request for bids
and including said requirements in any conlract let a$ a result of said bid. The Undersigned further agrees and covenants to warn all persons whom
the Undersigned knows or should reasonably anticipale tor any reason may resort to the vicinity of such conductors of the fact thaI such conductors
are (a) eleclrical conductors, (b) energized, (c) uninsulated and (d) dangerous.
6. Notwithstanding anything to the contrary contained herein, the Undersigned agrees to reimburse the Power Company for all cost and
expense for any damage to the Power Company's facilities resulting from the use by the Undersigned of said area within said r1ght(s)-of-way. Also,
the Undersigned agrees Ihat if in the opinion of the Power Company, il becomes necessary, as a result of the exercise of the permission herein
granted, 10 relocate, rearrange, change or raise any of the Power Company's facilities, to promptly reimburse the Power Company for all cost and
expense involved in such relocation. rearrangement or raising ot said facilities.
7. The Undersigned agrees 10 notify or have the Undersigned's contractor notify the Power Company's Representative in Augusta,
Georgia, Phone: 706-667-5654, at least three (3) business days prior to actual construction on the Power Company's right(s}-of-way.
8. The Undersigned agrees, to the extent it may lawfully do so, to indemnify and save harmless and delend the Power Company from the
payment of any sum or sums of money to any persons whomsoever (including third persons, subcontractors, the Undellilgned, the Power Company
and agents and employees of them) on accou... of claims or suits growing out of injuries to persons (Including death) or damage to property
2006.00c
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Instrument Number: 2009019105 BooklPa e: 01213/2274 Date Filed: 04/20/200912:54:56.00
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Book 01213:2274 Augusta-Rictlmond County
200901910504120/2009 12:54:56.00
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(including property of the Power Company) in any way attributable to or arising out of the use of the right(s)-of-way, by the Underslgned as herein
provided. Including (but without Iimiling the generality of the foregoing) all liens, gamishments, attactmenls, claims, suits, judgments, costs,
attorney's fees, cost of investigation and ot defense, and excepting only those situations where the personal injury or property damage claimed have
been caused by reason of Ihe sole negligence on the part of the Power Company, its agents or employees.
9. The Undersigned hereby agrees to incorporate In any and all of its contracts and/or agreements, for any work or construction done on or
10 said described right(s}-of-way, with any and all third persons, contractors, or subcontraclors, a provision requiring said third parties, Contraclors or
subcontractors to Indemnify and defend Power Company, its agents and employees as provided for above from payment of any sum or sums of
money by reason of claims or suIts resulting from injuries (Including death) to any parson or damage to any prq>erty which is in any manner
attributable to or resulting from the construction, use or maintenance of the Undersigned's facilities, projects or programs conducted on Power
Company's right(s}-of-way herein described, and excepting only those siluations where the personal injury or property damage claimed have been
caused by reason of the sole negligence on Ihe part of the Power Company, its agents or employees.
10. The Undersigned further agrees to carry, if performing work or construclion, and 10 require that any such third party, contractor or
subcontractor doing or providing anv such work or conslruction on said right(s)-of-waV carry liability insurance which shall specifically cover such
contractually assumed liability. A certificate of such insurance issued by the appropriate insurance company shall be furnished to the Power
Company upon request, said amount ot Insurance to be not less than $2,000,000 per occurrence lor bodily injury and property damage which arise
out of or result from the Undersigned's operations under this agreement. The Power Company shall be named as an additional insured on this liability
insurance coverage.
11. The Power Company has the right to remove all trees and brush from the Iimils of the right(s)-of.way. However, Power Company will
permit some plantlrg of Shrubbery and Ic>w growing trees provided these plants do not interfere with the access to and operation of Power Company's
facilities and are planted at a distance greater than twenty-five (26) feet from any structure or attachment therelo. A planted low growing tree is
defined as a tree which grows no more than 15 feet In height at maturity.
12. The Undersigned agrees Ihat all construction activity shall be conducted al a distance greater than !wenly-five teet (25') from any
structure or attachment therelo.
13. This Agreement shall Inure to the benefit of and be binding upon the parties, their heirs. successors andlOl' assigns.
The Undersigned hereby accepts the foregoing consent, and has by Resolution of the Commissioners, or by other legal and proper
authorization, duly adopted (a copy of which will be furnished to Power Company on request), authorized the execution and acceptance of this
Agreement subject to the terms and conditions set forth above and in the event the Undersigned fails to perform as herein provided and shall not
have executed and returned this Agreemenl on or before Ihe 2811I of March, 2009, this Agreement shall become void and no use of the Power
Company's right(s}-of-way as herein provided for shall be made.
IN WITNESS WHEREOF. this Agreement has been duly executed, this the ::s day of M fJ ~C II ,2~
UNDERSIGNED
BY; / /J 7J _J~''''''' ''',,'.' .
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../"':\:" .1.:1!f,::';'~t.<;... NAME: yAvii~. .~.. Cl>~~,~~
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NOTAAYPU~~~..:_ ....,..' ':'.... . TIM- M~,,",. .f.':..... " .
'l.',,::'~ , ..,. ;.',: (lj.(JJt" to) ~ V:fIP
)-/;-rN";,' ~~~~mbia County, Georgia . f.'f.!, '''5.',-'~':,r.-?~ ;~
;~~~'::j""-J"4IDM~n.ecpires July 27,2010 , <;. o. "';' -' .~. .) r'
The Power c~~:~\~~~~;t'rlied agent execuled this Agreement, this the;! f day of ~ A~~~~i~q,9-...n j'
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WITNESS. ~~~:J~:~.. .\Ll ":GEORG OM Y
NOT A~x.,eu~;~;:;"_'1'0 ;:/4-; ~ ~ aU,ra:t: ~~~:: ~~: ~:::mSSlon Malntenance Supervisor
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WITNESS:
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Instrument Number: 2009019105 BooklPa e: 01213/2275 Date Filed: 04/20/200912:54:56.00
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Book 01213:2275 Augusta-Richmond County
200901910504/2012009 12:54:56.00
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Instrument Number: 2009019105 BooklPa e: 01213/2276 Date Filed: 04/20/200912:54:56.00
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Book 01213:2276 Augusta-Rlchmond County
200901910504/20/200912:54:56.00
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