HomeMy WebLinkAboutGEORGIA POWER ENCROACHMENT AGREEMENT FOR EASEMENT 31168
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GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT
L. F. # 6-1311
APPLICATION # 31166
SUBJECT: BATH-DUMJON 46KV TRANSMISSION 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 "Undersigned," to use an area within the Power Company's subject electric transmission line right(s)-of-way described as
follows:
Said right(s)-of-way being varies in width and extending in part through, 11911i GMD, of Richmond County, Georgia, on which the Power Company
has constructed and now maintains and operates said electric transmission lines by virtue of certain easements heretofore acquired by the Power
Company. The said right(s)-of-way is shown on plat attached hereto and made a part hereof as Exhibit A.
The use of the ares by the Undersigned within said right(s)-of-way, pursuant to this consent, shall be limited to the construction, operation and
maintenance of 18" WATER LINE CROSSING at the location and to the extent as shown on said attached plat. It is specificaUy understood that no buildings
or other obstructions of any type will be permitted within or on subject transmission line right(s)-of-way.
The plans and Specifications as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to the
following terms and conditions:
1. The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by the Power Company's right(s)-of-way.
2. The Undersigned agrees to use said area within the Power Company's right(s)-of-way in such a manner as will 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 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 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 responsibility for damage to the facilities and property of the Undersigned resulting or occurring from
the use of said right(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 ofthe Power Company's overhead conductors. The Undersigned agrees to comply with
Official 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 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 same as a requirement in its request for bids
and including said requirements in any contract 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 (a) electrical conductors, (b) energized, (c) uninsulated and (c:I) 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 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 permission 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: 706-667-5654, 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 defend the Power Company from the
payment of any sum or sums of money to any persons whomsoever (including third persons, subcontractors, the 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
2006.DOC
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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 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 right(s)-of-way, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contractors 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 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 of the sole 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 construction on said right(s)-of-way 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 of insurance to be not less than $2,000,000 per occurrence 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 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 tree is
defined as a tree which grows no more than 15 feet in height at maturity.
12. The Undersigned agrees that all construction 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 fumished 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 Agreement on or before the 14h of September. 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 16 day of ~ Ub- IJ ST ,20.di.
WITNESS:
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NOTARY PUBLIC: '- Lx 1/)Q2~
BY:
UNDERSIGNED
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J'o'\v..:q> 5 . ~ r~H(,+"IQIi..
Notary PubHc IlhlYiOia County, Georgia
My Commis~ion E}(pires July 27, 2010, .
The Power Company has by its duly authorized agent executed this Agreement, this theOlci day of (9-P..f!t:'hi1~, 20_.
NAME:
TITLE:
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WITNESS:... 4- /1/7 //"
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NOTARY PUBlIC, CtnJ~ (}J. X~ J
Anita P. Kauegat
"-',~. Columbia County, Georgia
My ~mmle$lon expire. September 24. 2010
BY:
Joe Cawlev
Area Transmission Maintenance Supervisor
NAME:
TITLE:
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