The URL can be used to link to this page

Home My WebLink AboutGEORGIA POWER GOVERNMENTAL ENCROACHMENT AGREEMENT 30894 Instrument Number: 2006056330 BooklPa~e: 01094/0315 Date Filed: 12/13/200611:56:21.00 .. eJ I 091 ------ 03/5 Doris Cook CPS Georgia Power 241 Ralph McGill Blvd. Bin 20034 Atlanta, GA 30308 Book 01094:0315 Augusta - Richmond County 20060563:10 121131200611 :56:21.00 $14.00 AGREEMENT 1I11111l1l~ un 111II 1111 II 111m liD 2006056330 Augusta - Richmond County GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT L. F. # 6-2563 ...,. It) r- = ;; .-4 QC = = ~ r- ~ QC = APPLICATION"" 30894 SUBJECT: GOSHEN-SOUTH AUGUSTA (BLACK) 230KV TRANSMISSION UNESRIGHT.OF-WAY The Georvia Power Company, hereinafter called the "Power ComJ)any.~ hereby consent\! for AUGUSTA GEORGIA, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, hereinafter called the 'Underaigned," to use an area within the Power Company's subject electric transmission line riglll(S)-of-way described as follows: Said right(S)-of-wllY belng VARIES In width and extending in part through, 89TH DlstrlcllGMD, of RICHMOND County, Georgia, on whic:l1 the Power Company hlls conslructed and now maintains and operates said eJectric transmission lines by vlJ'l:ue of certain easements heretofore acqull8d by the P_ Company. The said right(a)-of-way Is shown on plat attached hereto and made a part hereof as Exhibit A. Tile use of the area by the Undersigned within said rlght(s)-of-way, pursuant to this cons lint, shall be Ilmlted to the construction, operation and maintenance of 42" OJ.P. SANITARY SewER at the location and to the e.xlent as shown on said attached pial. It is speciflCOlly understood that no bulk:tlngs or other obstructions of any type will be permithl<l within or on subject transmission line r1ght(s)-ol-way. The plans and specifications as submllled by the Undersigned meet the Power Company's approval provided the Undersigned conforms to the following lemiS and amdltions: 1. The Undersigned agrees to obtain aU n&eeSSaty rights from the owners of lhe lands crossed by the Powor Company's rlghl(s)-of-way. Z. The Undersigned agrees to use said area within the Power Company's right(s)..of-way in 8uch a manner as will not interfere oMth the Power Company's activities and facilities ll$ now, or hereafter, eKlst thereon (hereinafter Power CQmpany's 'activities. and 'facilities".) 3. The Undersigned agrees that the use of Power Company's rlghl(s)-of-wayas herein provided shall in I1Q way affect the validity of the 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 Company's right and title to said easement(s) and the priOrity of the Power Company's right of use and h9l"eby agrees not to resist or assail said priority. 4. The use of saId area within said right(s)..of-way by the Undersigned shall be at the sole risk and expense of the Undersigned, and the Power Company is specifically relieved of any responsibility lor damage to the facilities end property of the Undersigned resuhing or occurring from the use of said right(s)..of-way by the Power ComJ)8ny a8 J)rovIcIed herein. The Undersigned covenants not to sue Power ComJ)any in that Instance. 5. The Undersigned hereby agrees and covenants not to use and wilt prohibit agents, employees end contractors of Undersigned from using any tools, equipment or machinery within ten (10) feet of the POINer Company's overhead conductors. The Undersigned agrees to comply wlltl Offic:1a1 Code of Georgia, Section 46-3-30 et seq., (HIGH-VOLTAGE SAFETY ACT) and any and all Rules and Regulations 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 to perform any of the wor1c referred to In this Agreement of the existenoe of said code sections and regulations by requiring said worit to be parformed in compliance with aald code eectlons and regulations by including same as a requirement In Its request for bids and Including said requirements in any contract let as a result of said bid. The Unden.igned further agrees and covenants to warn all persons whom the Undervigned kngws or should reasonably anticipate for any reason may resort 10 the vicinity of such c:ondudors of the fact that such conductors are (a) eleclrical conductors, (b) energized, (e) unlnsulated and (d) dangerous. 6. Notwithstanding anything to the c:ontrary 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 right(s)-of-way. Also, the Undersigned agrees that if in the opinion of the Power Company, it becomes necessary, 88 a result of the exercise of the permission herein granted, to relocate, rearrange, change or raise any of the Power Company's facilities, to promptly reimburse the Power Company for all coat and expense Invollied in such relocation, rearrangement or raising of said facilities. 7. The Undersigned agrees 10 I1Qtify or have the Unden.lgne<fs contrad.or notify lhe Power Company's RepresentatlY8 in Augusta, Georgia. Phone: 706-667-!5854. at least three (3) bU&lneu daya prior to actual construction on the Power ComJ)8ny's right(s)-cf-way. 8. The Undersigned agrees. to the extent it may lawfully dt> so, to indemnify and save hannless and defend the Power Company from the J)8yment of any sum or BUmS of money to any persons whomsoever (including third persons, aubcontrad.ors, the Undenligned. the Power ComJ)8ny and agents and employees of them) on account of claims or suits growing out of Inj~ to penst>ns (Including death) or damage to property ~ - - .C I. Qj ~ ~ ~ ~ ~ rJ1 ~ ~ ~ ~ ~ ~ ;;:J ~ rJ1 ;;:J g ~ 2Ooe.DOC This document is not to scale. M [ = ~ ~ c... o =- = '" o ;S ~ I"; =- 3 o = c. n o c = ~ n ;" * o ...., 00 ~ ~ ., Q' ., n o c :::t. It) It) r- = ;; .-4 QC = = ~ r- Sj = ~ - - .C I. Ql ~ ~ ~ ~ ~' 00 ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ Instrument Number: 2006056330 BooklPa e: 01094/0316 Date Filed: 12/13/200611:56:21.00 t" Book 01094:0316 Augusta. Richmond County 200605633012/13/200611:56:21.00 (inclUdlnQ property of the Power Company) In any way attributable to 01' arising out of the use of the right(s)-of-way. by the Undersigned as herein provided, InclUding (but without limiting the generalfty of the foregoing) all liens, garnishments, attachments, claims, suits, judgments, costa, attorney's fees, cost of Investigation and of defense, and excepting only those Situations where the personal Injury or property damage claimed have been causad by reason of the 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 anll work or construction done on or to saicl described righl(s)-of-way, with anll and all third persons, contractors, or subcontractonl, a provision requiring said third parties, contractors or- subcontractors to Indemnify and defend Power Company, Its agenta and employees as provided for above from payment of any sum or sums of money by reason of c1alma 01' sulls resulting from Injuries (including death) to any person or damage to any property 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 situations where the personal injury or property damage claimed have been caused by reason ofthe aoJe negligence on the part of the Power Company, Its agents or employees. 10. The Undersigned further agrees to carry, if performing work or construction, and to require that any such third party, contractor or subcontractor doing or providing any such work or- cOO$lruclion on seid right(s)-of-way carry liability insurance which shall specifically COYer such contractuaAy assumed liability. A certificate of such insurance issued by the appropriate Insurance company shall be furnished to the Power Company upon request, said amount of insurance to be not less than $2,000,000 per oceurrence for 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 limits of the right(s)--of-way. However, Power Company will permit some planting of shrubbery and low growing trees provided these plants do not interfere with the access 10 and opel'lltion of Power Company's facilities and are planted at a distance grealer than twenty-five (25) teet from any structure or attachment thereto. 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 that ail construction actlvlt\l shall be conducted at a distance greater than twenty-five feet (25') from any structure or attachment thereto. 13. This AgreementllllaU Inure to the ben<!lfit of and be binding upon the parties, their heirs, suc:<:essors and/or a"igns. The Undersigned hereby accepts the foregoing consent, and has by Rssclutlon of the Commissioners, or by other legal and proper autoorization, 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 executecl and returned this Agreement on or before the 30 of SEPTEMBER 2006, this Agreemenl shan become void and no use of the Power Company.s right(s)-of-wayas herein provided for shall be made. IN WITNESS WHEREOF, this Agreement has been duly executed. this the !.X!.'!. day of ~~A<7I 20.tlJ, ~TNESS'j~!_ ~ ::~ER~>{ ~~I'''~C' NOTARY puBlrd TlTLE: M"o,L- \.-.~.~.\. U .. <loi : I ua;. , Icr. '. Geotgta ~. ........~:~:..:Co.'; .;n:s~lcn E;.:p~res D~c.. 3. 200'""1 '. .'.: '" .........,... ...~'..:.. The Power compa;l~'fi~y, ~iY.k;"'hOrized agent executed this Agreement, this the _ day of , 20_. WITNESS: 4/~~~ (kJ;. , P.~d"'f- NOTARY PUBLIC: Area Transmission Maintenance SupelViaor __Po..... _ ....,...... ~ ......~...... _01 ~ 1 . . .......~.......-,--1M..1O.0 2lI06.00c 2 This document is not to scale. ~ - :w S. ID ~ ~ =- = '" = ;: ~ ~ =- :: = = c. ~ = = = .... ~ - ID "'f ll:" = ~ 00 = ID "'f S. "'f ~ = = ::t ,- ... Instrument Number: 2006056330 BooklP e: 01094/0317 Date Filed: 12/13/200611:56:21.00 . \C It) r- = ...,. .-4 QC = = ~ r- ~ QC = ~ - - 'C 110 Qj ~ ~ ~ ~ = 00- ~ E= ~ E= ;:l ~ 00- ;:l ~ ;:l ~ "'" C ::> 00 'to: ~~ 5 a;gNco CECDO.... == .c 'fo! ~.g o.5::!::-5~ .~ c:: co -. ::l .c: ,0 .(1) -;;;caoo........ .- 1;) ~ CI) 0 -g 5.-.5 ~ ii: ~ ~ &'h3 Ii ,. ~ .!:~ ~~ ~ ~ ~ ~.s .:: '8 ~ s~ l!. ~~ if . ~08e~ ::~ j i 0.-'0",:5 ON"' ~ a.. r'5... ~""'.s1;;-~~< .. ~~ 50,? -: il?l i!;'",;;:s .5i'l5~~gili.:l!<~'f ~~ ~.so=$D:tO-=;S.n~N I <!.so.5l.!!:;:I~~ g~j B"'~ I I'll I I '''' 18 OJ.! jC:lt::r:; iz:s-,u 6,-:5 ~ o.{ill "-;;! 0.5 -il'Oll:l ~~8(!j~c})~:a: .. l~ -g.;!5-2.-~ o,gE-8~ , ~ 5-8 ~~ . :ta.Eg",8 \ i5 8 ~-g:i.E , ~ .B :i .sri} ; \ ~ 15 = a :g-::$ \. "'1l6g'i~~ ; :!!i~-g.s.c: J:: u \ ~8i8~~~~.~~ -:-.:: ~ -i-':,,\\ .. Book 01094:0317 Augusta - Richmond County 2006056330 12/13/2006 11 :56:21.00 ~ ... ~ ~ ~ s \ ~ _,_-'-'-'-~~P3'M/~ o ..... 0\- <Q ~~ ~g ifti./l . ::c. " \~ \ _%~._. -.-'-' I \ I 'i;i t\ 'ii ell I ~ i' :A .-, i ~ \ ''6 '. Ul ~\ 0:. ~\. '6 '',9,' .... \ .... .,. 1<0 \ f. \ % . \ ..... :.0 :E )( L&.I --4r .~~ _ .5" E :5 ~.~:S ~.s~ .5 :li.s;~ ~ .i,"i.3 ;.5:: li.~ :t:1SiD~~d.a.. :::lIi~. :e~o . Q...- II. 0..<,:> ill? -;aN "'...S.sI....8:S "i..'1I s~ 2'1>~ 8j.e g..+,,~a. 8'"c-l: ct.!! 1.e!! 2ilU This document is not to scale, 411 ~8 ~-g Q o..t- Eo> =~!5l ...",,~ QI..., Q,g"' ......_ E .... 0''<:: ~"'U 1:1:;""0 Q e ~lJ5 en Q) ;e 5c Q) .BE en"t: '" 0 Q> Q. '" Q) <Q I I I I I I~ .. tI).- _ c: 0- :e~ I: c: -0 -00.. Q.) E I: 0 0'>(.) .E? '- Q.)CI) -o~ 1:0 ::;) a. tr:l - ~ 5i' ~ ~ Coot = ::r = '" = .? ~ ~ ::r a = = c. n = = = .... n - ~ "I i:l:" = ~ 00- = ~ "I Q' "I n = = ::t