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Home My WebLink AboutGEORGIA POWER ENCROACHMENT AGREEMENT #31189 Oct. 7. 2010 1:56PM COLUMBIA CTY CLERK OF COURT No.0409 P. 2 BK7 PG007 • CLERK OF SUPERICRURT COL IN CH. . GEORGIA FILCC al OFFICE xur71 to e E (1 JUN 25 AM 8 52 Raahanna Jones Georgia Power Co. 241 Ralph McGill Blvd. Hie $0034 f� 11 11111111111101 1111111111 111 Deed CINDY MASON. CLERK Atlanta, GA 3030$ Recorded 061252010 O8:52AM Doc: AGR Georgia Intanplbie Tax Paid: $0.00 CINDY MASON Clark Superior Court Columbia County g 07411 p 0007 -0005 GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT LP. 5-106 APPLICATION ft 31188 SUBJECT: ANTHONY SHOALS-STEVENS CREEK 116KV TRANSMISSION RIGHT -OF -WAY m. Gsorgie Power Company, hereinafter =arid the "Power Company," hereby cements Augusts, Georgia. a Political Subdivision oohs Stab of Georgia, herslnafter cam the "undersigned" to use an area within the Power Company's subject electric transmission line rights) of4way described as follows: Said right(s).of.way being 176' in width and extending in part through the 134 GM, or Columbia County, anorak, on which 6h. Power Company ham mnstrum.d and now maintains and operates sold electric transmission lines by virtue of obtain easement■ heretofore eoquihd by the Power Company. The said naht(s)of -way le shown on plat sttsehed hereto end made s part flare°, es Exhibit A. The nee of the area by the Undersigned within geld right(s)-of-way, pursuant to this consent. shall be Merited to the oon$tfuc00n. operation and mainten■rres of the removal of an existing 3" water line end the Inetsllatlon of an 6'' DIP water mein at the location and to the extent es shown on said sttsahsd plat. tt k apedhoally understood that no buildings Of other obstructions of any type will be permitted within or on subject transmission line right( .of. cosy. The plans and see:moaner s as submlrted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to the ' twins and oondklons: 1. Th. Undersigned egress to obtain ail neceseey right■ from the owners of the Inds crossed by the Power Company's npht(s) -ef -way. 2. The Undersigned agrees to use said eras within the Power Company's right(s)of -way In such a msnnee as will not interfere with the • Power Company. sotivitles and fhdlities se now, or heftiest, wrist thereon (herehnsfter Power Company. •activities' and 'facilities'.) 3. The Undersigned agrees that the use of Power Company's right(s)-of-way as herein provided shall In no way' effect the vstdity of the Power Company's easament(e) and span In no way modify or restrict the use or rights et the Power Company, Its successors or assigns, In and to the era to be used. The Undersigned acknowledges the Power Company's right and tits to said easement(a) and the priority of the Power Company's right Of use and hereby agrees not to runlet or assail said priority. 4. The use of said area within amid right(s)-of -way by the Undersigned shell be at the sole risk and expense of the Underaloned. and the Power company Is speogioaly relieved or any responsibility for damage to the facilities end property of ih. Undersigned resulting or ocouninp from the use of said rigtd(a).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 agent•, employees and contractors of Undersigned from using any tools, equipment or maotdnery within ten (10) feet of the Power Company's overhesd conductors. The Undersigned agrees to Damply whir Official Code of Georgie, Section 46.3 -30 et seq., (HIGH- VOLTAGE BAFETY ACT) and any and all Rules and Regulations of the stale or Georgia promulgated In connection therewith, all es now enacted or as hereinafter emended: and Rather press to notify cry contradof(s) that may be employed by the Undersigned to perform any of the work referred to in this Agreement of the existence of said code sections and regulations by requiring said work to be performed in compliance with said code sections and regulations by Including game as a requirement In tta request for bids and Including said requirements In any contract let as a result of said bid. The Undersigned flintier agrees and covenants to wam all person will n the Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductors sae (s) alecblcaI conductors. (b) energized, (c1 unineuiatsd and (d) dangerous. 6. Notwithstanding anything lc the contrary contained herein, the Undersigned prises to reimburse the Pewef Company for au cost and expense for any damage te the Power Company's factlttles resulting from the use by the Undersigned of said area within said rlgh (s)-of -way. Ate. the Undersigned agrees that if In the opinion of the Power Company, It becomes necessary, as a result of the exercise of the permission heroin granted, to relocate, rearrange, change or raise any of the Power Company's fadlitias, to promptly reimburse the Power Company for ell cost and expense involved In such relocation, rearrangement or raising of said facilities. 7. The Undersigned sare5a to notify or have the Undersigned's contractor notify the Power Company's Representative In Augusts, Georgia, Phona: 70114674115114, at least three (3) business days prior to actual construction on the Power Company's rIght(s) -off -way. saxe.DOC { —Oct. 7. 2010 1:57PM COLUMBIA CTY CLERK OF COURT No. 0409 — P. 3 BK74 1 1 PG008 2. The Undersigned agrees, to the extant it may lawfully do au, to Indemnify end save harmless and defend the Power Company from the payment of any sum or sums of money to any persons wnomsoevar (Including third persons, subcontractors, the Undersigned, the Power Company and agents and employees of them) on account of claims or cults growing out of Injurlee 10 persons (including death) or damage to property (Including property of the Power Company) In any way attributable to or @riaing out of the use of the right(s)-of-way, by the Undersigned se herein provided, including (but without tinting the generality of the foregoing) all Ilene, gamishrnents, enrichments, claims, sults, judgments, costs, attorney's fees, cost of investigation and of defense, and excepting only those situations where the personal Injury or property damage claimed trove been caused by reason of the sole negligence on the pert of the Power Company, Its agents or employees. 9. The Undersigned hereby agrees to incorporate in any and 11101 its contracts and/or agreements, for any work or construction done on or to said described righ(s) -o1 -way, with any and ail third persons, contractors, or subcontractors, a provision requiring said third parties, contractors or subcontraclore to Indemnify end defend Power Company, its 'gents and employees as provided for shove from payment of any sum or sums of money by meson of claims or sults resulting kern Injuries (Including death) to any person or damage ter any property which to 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 when the personal Injury or property damage claimed have been cawed by reason of the sots negligence on the part of the Power Company, rte 'genie or employees. 10, The Undersigned further agrees to any, If performing work or construction, and to require that any such third party, cantraotor or subcontractor doing or providing any ever work or construction on said right(s)-of-way carry liability Insurance which shall specifically cover such contractually assumed liability. A certificate of such Insurance leSued by the appropriate insurance company shall be fumbihed to the Power Company upon request, said amount of ineursnoe to be not lase than 12,000,000 per oc urrenee for boday injury and property damage which 'rise out of or result from the Undersigned's operations under this agreement. The Power Company shall be named as an additional Mewed on this liability insurance coverage. 11. The Power Company has the right to remove a0 bees end brush from the limits of the rlght(s).of-way. However, Power Company will permit some planting of shrubbery and low growing Owe provided these plans 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 growling bee is dsIlned as a tree which grows no more than 15 hat in height at maturity. 12. The Undersigned agrees that ail construction activity shell be conducted at a distance greater than twenty -five feat (26) from any structure or attachment thereto. 13. This Agreement shalt Inure to the benefit of and be binding upon the parties, their heirs, successors and/or assigns. The Undersigned hereby accepts the foregoing oonsent, 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), authorised the execution end acceptance of this Agreement subject to the terns and conditions set forth above and In the event the Undersigned ffaa !g perform as herein provided and shall not have executed and returned this Agreement on or before the 21st of May 2010, 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 '! ! day of 4"Z , 20 /0 . UNDERSIGNED WITNESS: • i' ��s• k ° Y/ 4 1° r"L NAME: 'DO J OP � . G Of .1 11 oc NOTARY P — ; ; _ . L .f! / _ —�% TITLE: j,M .4 Y DJL + 11 t ' .tr3 Count Georgia • ` -1 . -� l c. J:ay 27, 2010 . � p _ T fai he Power Cbrtipapy duly authorized agent executed this Agreement, this the day of t a i , 20 GEORO O P COMPANY WITNESS: BY: (1 / ✓ J ��. 4�e C[ r.' //9�� NAME: f T a,. . C.l�!)'r d , 1 j - 7Y1�. ` TITLE: Ares Transmission Maintenance Supervisor 1 • 1 �f eatable fforxgyl - • Meares September 24, 10 sooe.DOC 2 Oct. 7. 2010_ 1:57PM COLUMBIA CTY CLERK OF COURT` No, 0409 — 'P. 4 , I . ,',/, � .. K74I 1 PG009 a , ; 'I I • 1 t 1 tt : i , • 1 • I . za..-r.m.v.i_arzt.._ s i g : � 1 g 1 s< is 1 I W II i • .� 1 L iii 1 1g r J ae ��' if 1,g a t W C l l l`" • '. .... §1 . --;-g 1 ! . :. , i 1 i i 1 Ii • aY il I. I ilis i s i tii - 1 IIIII IIi! lel