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HomeMy WebLinkAboutGEORGIA POWER 31021 GOVERNMENTAL ENCROACHMENT AGREEMENT Instrument Number: 2008032559 Book/Pa!!e: 01184/2383 Date Filed: 07/17/200814:53:52.02 ~ . . _ee' -~. Cl'S e__e CoO\>' CO. l)O~\S \~ l'o",e~G\\\ \\\'1c\. GeO'fty; ~ :h ~c 1,4.1. tl9.~~ \\\~ '1.00 G~ '!;O'3{)S .. \\...'(\\9.. .. .r- tp~ .. ..1I..,.t~~-''' o Book 01184:2383 Augusta - Richmond County 2008032559 07/1712008 t 4:53:52.02 $14.00 AGREEMENT 1111 II lUll Dllmlln 01 ~UIIIII ~llm II 2008032559 Augusta - Richmond County GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT L. F. # 6-2677 '0:1' Q \Q ':'! '0:1' ...c ao Q Q ~ r- ~ ao Q APPLlCATlON # 31021 SUBJECT: FENWICK STREET..soUTH AUGUSTA 115KVTRANSMISSION LINES RIGHT-OF-WAY The Georgia Power Company, hereinafter ~Iled the .Power Company," hereby consents for AUGUSTA, GEORGIA, A POLITICAL SUBOMSION OF THE STATE OF GEORGIA. hereinafter called the .Undersigned: to use an area within the Power Company's subject electric transmission line right(Sj-QI- way desaibed all follows: Said right(sj-QI-way being 160' in width and extending in part through. 1588TH DistrictlGMD, of RICHMOND County, Georgia, on which the Power Company has constructed and JlOW maintains and operates said electric transmission lines by virtue of certain easements heretofo.... acquired by the Power Company. The said right(s)-of-way is shown on plat attactled hereto and made a part hereof as Exhibit A. The use of the area by the Undersigned within said r!ght(s)-of-way, pursuant to this consent, shall be limited to the constructlol\, operation and maintenance of 24" WATER LINE at the location and to the extant as shown on said attached plat. It is specifically understood that no buildings or other obstructions of any type wUl be pennltted within or on subjec:t transmission line rlght(sj-Qf-way. The plans and spectlications a$ submitted by the Undersigned meet the Power Company's approval provided the UndelSlgned conforms to the following terms and conditions: 1. The Undersigned agrees to obtain all necessary lights from the owners of the lands croslS&d by the Power Company's rlght(s)-of-way. 2. The Undersigned agrees to use said area within the Power Company's Iight(s)-of-way in suctt a manner as wig not interfere with the Power Company's activities and facilities as now, or hereafter, exist thereon (hereinafter Power Company's "activities" and "facilities'.) 3. The Undersigned agrees that the use of Power Company's right(s)-of-way as herein provided shall In no W8y 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 POW"if Company's right and title to said easement(s) and the priority of the POW<;lr Company's light of use and hereby 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 responslblllty for damage to the facilities and property of the Undersigned resulting or occurring from the use of said r1ght(s)-cf-way by the Power Company as provided herein. The Undersigned covenants not to sue Power Company In that instance. S. The Undersigned hereby agrees and covenants not to uae and will prohibit agents, employees and contractors of Undersigned from using any tools, equipment or machinery within ten (10) feet of the Power Company's overhead conductors. The Undersigned agrees to comply with Official Code of Georgia, Section 46.3-30 at seq., (HIGH-VOLTAGE SAFElY 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 10 notify any contractor(s) that may be employed by the Undersigned to perfonn any of the work referred to in this Agreement of the existence of said code sections and regulations by requiring said work 10 be performed in compliance with said cocIe sections and regulations by including same as a requirement in its request for bids and including said requirements in any contl'3ct let as a result of said bid. The Undersigned further agrees and covenants to warn all persons whom the Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductors are (8) electrical conductors, (b) energized, (c) uninsulated and (d) dangerous. 6. Notwithstanding anything to the contrary contained herein. the Undersigned agl'lleS to reimburse the Po_ Company l'or all cost and expense for any damage 10 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, as a result of the exercise of the pelTT1ission herein granted, to 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 of said facilities. 7. The Undersigned agrees to notify or have the Undersigned's contractor notify the Power Company's Representative in Augusta, Georgia, Phone: 706-887-&6154, at least three (3) business days prior to actual construction on the Power Company's right(s)-of-way. 8. The Undersigrted agrees, to the eldent it may lawfully do so, to indemnify and save harml8$$ and defend the Power Company from the payment of any sum or sums of money to any persons wIlomsoever (including third per$OtIs, subcontractors, tha Undersigned, the Power Company and agents and employees of them) on account Of claims or suits growing out of Injuries to persons (including death) or damage to property ~ - - .C I. III :;E ~ ~ ~ ~ 00 ~ "'" ~ ::s "'" ~ ~ ~ 00 ~ ~ ~ < 2l106.00c This document is not to scale. ~ $" :r ~ ~ "" Q =- = '" Q ;: ~ ~ =- a Q = C. ~ Q = = 0': ~ - ~ ., ~ Q ~ 00 .g ~ ., c' ., ~ Q = ::1. Instrument Number: 2008032559 Book/P e: 01l84/2384 Date Filed: 07/17/200814:53:52.02 Book 01184:2384 Augusta - RichmOnd County 200803255907/17/2008 14:53:52.02 .-. - - - -. - - .-," In Q \Q ':'! '0:1' ~ ao Q Q ~ r- ~ Q (including property of the Power Company) in any way attributable to or arising out of the use of the r1ght(s)-of-way, by the Undersigned as herein provided, including (but without limiting the generality of the foregoing) all liens. garnishments, attachments, claims, suits, judgments, costs, attorney's fees, cost of investigation and of defense, and excepting only those situations where the personal injury or property damage claimed have been caused 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 any work or construction done on or to said described r1ght(s)-of-way, with any and all third persons, contractors, or subcontractors, a provislon requiring said third partJes, contractors or subcontractors to indemnify and defend Power Company, its agents and employees as provided for above from payment of any sum or sums Df money by reason of claims or suits 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 r1ght(s)-of-way nereln described, and excepting only those situations where the personal injury or property damage claimed have been caused by reason of the sole negligence on the part of the Power Company, its agents or employees. to. The Undersigned fLrther 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 construction on said r1ght(s)-of-way carry liability insurance which shall specifically cover such contractually assumed iiability. 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 occurrence for bodiiy 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. II. The Power Company haa 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 to and operation of Power Company's facilities and are planted at a distance greater than twenty-five (25) feet from any structure or attachment thereto. A planted low growing tTf1/i1 Is defined as a tree which grows no more than 15 feet in l'1eight at maturity. 12. The Undersigned agrees that all constnJction activity shall be conducted at a distance greater than twenty-five feet (25') from any structure or attachment thereto, 13, This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors and/or 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 falls to perform as herein provided and shall not have executed and returned this Agreement on or before the,.Hl1'"..e~. 2008, this Agreement shall become void and no use of the Power Compllny's right(s)-of-way as herein provic\ed for shall be made. I" -@f!J;/ "1">( IN WITNESS WHEREOF, this Agreement has been duly executed, this the:L.. day of J ... ~ , 2~ ::~~~:~:,J};;t , :~Ncg12 :' ~. .~., . ~PUIlIC.~l""o-".t.. <====t :~. ~._).:. '_ -..;.: Mr Cun.m.illiol't ~ o.c. Z. 2011 .-r, L;':'~ .' . /. . . - 'I The P~{~~~~~_~~~'it;Cl.uly authorized agent executed this Agreement. this the !!::.... day of 8~ "' - - 'C .. Ql. ~ ~ ~ ~ ~ 00 ~ E= ~ ~ E-c ;:J ~ 00 ;:J g < ,20 Dv, WITNESS:. ~... 'r. , ",6th. C1 l ..,.~ ,.:::.... ,', ,~~<'/~Q"'L J~ "\,,~fV\r NOT~~.Y~I~~:. ~.~ Ud_ -')~.~d- ,,, .. U ,.....':'~~~~~~ . .y~.... geptMlti.,~O ::E07;RMPANY TITLE: Area Trensmission Maintenance Supervisor 2006.OQC 2 This document is not to scale. tr1 - ll' :r ~ ~ ~ =- = ~ = .:= ~ ~ =- ,S = = c.. (") = = = (") ;" ., ~ = ~ rn = ~ ., IS' ., (") = = ::l. C>)~ C>) ~ ~ . ":> o c>. ~ g ~ > -in 10 >.:Jt. .S: ..- .:Jt.1O :0 ~:: .g 0 0 (I) ?~t') .s1;) "0 :> "'.... Ul:> ]:;0 o 0:>0 :>'" c: .... (.) <( "'~:> '5.2-c..c: ~ ~ 8 CL cnc......,. .J: oog~ z:;......~ <(~~Vlti 5~~g ci'_'!:! I . 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