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Home My WebLink AboutGEORGIA POWER ENCROAHMENT AGREEMENT FOR EASEMENT GOSHEN WEST AUGUSTA 116kv TRANSMISSION LINE RIGHT OF WAY 31028 Instrument Number: 2008038250 Book/Pa!!e: 01188/1161 Date Filed: 08/19/200814:08:52.00 , , .... .::II j.g, ., . Book 01188: 1161 Augusta - Richmond County 2008038250 oan W2OO8 14:08:52.00 $14.00 AGREEMENT 11I11I1II11.IBIIIII 2008038250 AugulJla - Rlohmond County e ,00 . ~et\l"'" 0 ~ C'PS ris Coo \ Coo ~rg.\~ YO;:-:GUl >>\"d. '1A \lla\t>" l\\D J.00~4 3u30S j\.t\an\B'.~~ ,-w ..._a_- GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT L. F.. $-2030 APPLlCATlON. 31028 Q\ 9- tI'l = I() "..; QCI = = ~ \C "..; ..... M "..; SUBJECT: GOSHEN-WEST AUGUSTA 116KV TRANSMISSION UNES RIGHT .oF.WAY The Georgia Power Company. hereinafter ceUed the "P~r Company,. hereby C:OMenta AUGUSTA, GEORGIA, A POLI11CAL SUBDMSlON OF THE STATE OF GEORGIA, he,.inahr' called Ihe "Unden.lgned,. to uae en area within the Power CompanY's 8Ubject el&clric trenlmlAlon U~ r!ght(s)-of-y described .s followa: Said rigtlt(s)-of-way being 175' In wklth and lIld8ndlng In part through, 123RD Dl$trldlGMO, of RICHMOND County, Georgia, on which the Power Company haa c:onsllUcted and now mlillntalns and operates filald elec:trlc tmnsmiS$lon lInIIa by virtue of c:eJtaln easements heretofore acquired by the Power Company. The said r1ght(I)-oi-way ls.hown on plat IIttlIched hereto and made a part hereof 88 Exhibll A. The use of the area by the Unden;lgned within said right(s)-of-way, PUrsUlnt to thb consent, shall be 1imi1!ed to lhe conatruction, operation In(;l maintemllnoe of 42" SANITARY SEWER lM the location and to !he _01 lIS S"own on said attached plat. It lis specifically understood that no bulldln~ or other obstructlona of any type wll be perml\led within or on subject Iral18mlUlon line rlght(s>-of--Y. The plana and apedflcations 8liI Iilubmilted by the Undersigned meet the Power Comp.1lny>. apptollel l"OYided the Undenllgnod conforms to the folowing tenns lilnd conditions: 1. The Undersigned agrees to obtain all n&C8S8ary rights from the owners of the lands crossed by the Power Company's right(S)-of-way. 2. The Undenlligned agrees to use said Brea within the Power Company'. Iight(a)-of-way In sucll a manner 8S will not interfera with the Power Company's activities and facilities es now, or hereafter, exi$! thereon (hereinafter Power Company'. "activlties" and "facilities".) 3. The Undenslgned agrees that the __ of Power Company's right(s)-of-way as herein provided shaM In no way affect the validity of the Power Companl"'a _ment(s) and shall In no way modify or restrict the use or rights of the POW$!' Company, Its SUCC8MOrI or aaslgns, In and to the area to be used. The Undel'lllgned 8cknowledges the Power Company's rlghl and title to aald easement(s) and the priority of the Power Company's right of U1le and hereby agrees not to resist or assail 88id priority. 4, The use of said area within said rlght(s}-of-way by the Undersigned shall be at the sole risk 8nd expense of the Und8l'$igned, and the Power Company 18 spedfloally relieved of any raspon8lblllty fat damage to the fadllties and prOperty of the Undllnlligned resulting 01' ocourring from the use of said right(s)-of-way by the Power Companl" as prOVidecl herein. The Unclersigned collefl8Ol$ not to sue Power company In that Instance. S. The Undenlllgned hereby agrees and covenants not to use and will prohibit agerrt&, emplov- and contractors of Undel'lJignecl from using any tool6, equipment or machinery within ten (10) feet of the Power Company'8 overhead conductors. The Undersigned 1I~ to comply with Offlclal Code of Georgia, 6ection 46-3-30 et seq. . (HIGH-VOLTAGE SAFETY ACn and any and aU Rules and Regulations of the Stille of Georgia promulgated In connection therewith, all as now enacted or as hereinafter amended; and further agrees to notify any contrectcr(s) thai may be employed by the Undenlligned to perform any of the wor\( referTed to In this Agreement of the existence of said oo<Ie sections and nIIgulatlons by requiring said WQrX to be performed in compliance with said code sections and regulation. 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 Undersigl1lild further agrees l1I1d covenant& to warn all persons whom the Undersigned knows or should r&alSOnably antlclpata for any reason may OIsort to the vicinity of such conductors of the fact that 8UCh conductonll are (a) electri<;al conductQl'S, (b) energlzad, (c) unlnsulated and (d) dangerous. 6. Notwithstanding anything to the contrary containad herein. the Undersigned agrees to relmburae the Power Company for aU cost and expense for any damage to the Power Company's facilltlas reBulting from the use by the Undel'lJlgnecl of said .ree within said right(II)-of.-way. Also, the Undersigned agrees that If in the opinion of the Power COmpany, it becomes neeanary. lIS a result of the exeroise of the permIs8lon herein granted, to relocate, rearrange, chlilnge or raisa any of the Power Company's facilities, to promptly reimbunJe the Power Company for all cost and expense involved in suell relocation. relilmlngement or ralslng of said facilities. 7. The Undersigned agrees to notify or have the Undel'lJigned'a contractor notify the Power Company's Representative In Auguata, Georgia, Phone: 70&-667-6654, at leaat IhnHl (3) businesa days prior to actual con8lrUClion on the Power Company's right(s}-of-way. 8. The Undemlgned agreas, to the extlllnt it may lawfully do so, to indemnify and save harml_ l1I1d defend the Power Company from the payment of 8ny lIum or .ums of money to any pel'lJonS whomsoewr (including third persona, aubc>Ontnactors. the Undereigned. the Power Company and agents and employees of them) on 8C(X)Un! of claims or suits growing out of Injuries to pemons (including death) or damage to property ~ ~ 1-4 U g o u ~ o ~ ~ ~ U 20oe.OOC This document is not to scale. t;l!j a = ~ ~ ~ Cl :r = ~ Cl .:= ~ l') :r 5l Cl = C. ~ Cl = 4 ~ ;- ., lI:" Cl ""l 00 .; III ., CS' ., ~ = = ::a. Instrument Number: 2008038250 Book/Pa e: 01188/1162 Date Filed: 08/19/200814:08:52.00 '. . Book 01188:1162 Augusta-Richmond County 2008038250 08/19/2008 14:08:52.00 = "..; tI'l = Iii "..; QCI = = ~ \C "..; ..... M "..; d JooooI U ~ o u ~ o ~ e3 u (Including property of the Power Company) In any way attributable to or arising out of the use of the right(s)-ot-way, by the Undersigned as herein provided, Including (but without limiting the generality of the roregolng) all liens, garnishments, attachments, claims, suits, judgments, costs, attomey's fees, cost of Investigation and 01 defense, and excepting only thoee situations where the personal Injury or property damage claimed have been caused by reason of 1M sole negligence on 100 part of Ihe Power Company, its agents or employees. 9. The Undersigned hereby agrees 10 Incorporale In any and all of Its contracls and/or agreements, for any work or conB1ructlon done on or to said described right(s)-ol-way, with any and all third persons, contraclors, or subcontraclors, a provision reqLJrtng 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 claim5 or suits resulting from Injuries (Including death) to any person or damage 10 any property which Is In any manner allrlbutable to or resulting from the construction, use or maintenance of the Undersigned's facllltles, projects or programs conducled on Power Company's right(s)'of-way herein described, and eKceptlng only those situations where the p8raonallnjury or property damege claimed have been caused by reason of Ihe sole negligence on the part of the Power Company, Its agenls 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 conlractually assumed liability. A certificate of such Insurance Issued by the appropriale Insurance company shall be furnished 10 the Power Company upon request, said amount of Insurance 10 be not 18SS than $2,000,000 per occurrence for bodily Injury and property damage which arise out of or result lrom the Undersigned's operations under this agreement. The Power Company shall be named as an additional Insured on this liability insurance ooverage. II. The Power Company has the right to remove an trees and brush from the limits 01 the right(s)-ol-way. However, Power Company wlll permit some planting of shrUbbery and low growing rroas provided these plante do not interfere with the access to and operation 01 Power Company'e facilities and are planled at a distance greater Ihan !Wenty-flve (25) feel from any struoture or attaohment therelO. A planted low growing tree is defined as a tree which grows no more than 15 feet In helghl al malurity. 12. The Undersigned agrees that all conslructlon activity shall be conducted al a distance greater than twenty-five feet (26') Irom any structure or allachmenl thereto. J 3. This Agreement shall Inure 10 the benefit of and be binding upon the parties, their heirs, suooess,ors and/or assigns. The Undersigned hereby accepls Ihe foregoing consenl, and has by Resolution of the Commlssiomml, or by other legal and proper authorization, duly adopled (a copy of which wlll be furnished to Power Company on request), authorized Ihe execution and a.cceptance of thiS Agreement subject to the lerms and conditions set forth above and In the evenl the Undersigned fails to perform as herein provided and shall not have execuled and returned this Agreement on or before the 1ST of AUGUST, 2008, 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 fhe...l.S1.. day of .IUt- y ,20.R.!. ~ UNDERSIGNED ~WIo.\t... IGrU~Ic.. BY: U2 '::<0'. ~ NAME: ~.JIi"f> ~ - C::-"6"~.H"""V,*- TITLE: ~</ WITNESS, ~~~ NOTARYPU~~~~:~~~~':~ ~f~~"'~;~'!- July 27, 2010 The Pow~~l~~~~,h~f3YL'i,,~I~:1i~lhOrlZed agent executed thie Agreement, thie the~.Y day of . . '.~ I :'..::~:~.'~l~~~~,~~t~:?~~~~~f:~?~.;'. :,'"' . . WITN~~~::;::'iY:;fJI 4K /f1I:ib (,:::::~;~;';:~ :::~:':~ :'.;~';;;~ '.. '. , ' / Nqj't~y;~.~el.~9,:,/ \1f!w ~ (PI f{~~ ':~~, _'?<;:"::. ~.,~;~':'n:": AnIta P. Kalt_gat 0 .;:'C''''A'''U,i:_''~D.~.. County, ~ .,:>:.'.,':'.'" ". , ~n _-8epaIm,*,,2~. 2010 ....,,/ ~:. tt1J ByG9r P~PANY NAME: J~ewtev ' 20&. TITLE: Area Transmllllllon Maintenance Supervlsor 2006. DOC 2 This document is not to scale. ~ ;' S' ~ ~ ~ Cl =- = rIJ Cl ;= ~ t'l =- i3 Cl = Q. n Cl = = n ;" ., ~ Cl ~ 00 = ~ ., Q' ., n Cl = :l. 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