HomeMy WebLinkAboutGEORGIA POWER ENCROAHMENT AGREEMENT FOR EASEMENT30948
Instrument Number: 2008038251 BooklPa!!e: 01188/1164 Date Filed: 08/19/200814:08:52.01
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Book 01188: 1164 Augusta - Richmond cou~tY
200803825106119'200814:08:52.01
$14.00 AGREEMENT
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2006038251 AUQU8I:a - Richmond COllr1ly
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GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT
L F. * 6-2563
APPUCATlON * 80948
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SUBJECT: GOSHEN-SOUTH AUGUSTA 230KV TRANSMISSION LINES RIGHT-OF-WAY
The Georgia Power Company, hereinafter called the 'Power Company," hereby consents AUGUSTA. GEORGIA. A POLmCAL SUBDIVISION OF
THE STATE OF GEORGIA. hereinafter called the 'Underslgned,' 10 use M erea within the Power Company's subject electric transmlnion line rlght(s)-Qf.way
desoribed as follows:
Said r1ght(s).ol.way being 100' In width and extending In part Ihrough, 86TH DlstrlcVGMD, 01 RICHMOND County, Georgia, on which the Power
Company has constructed and now maintains and operates said electric transmlsalon lines by virtue of oertaln easements heretolore acquired by
the Power Company. The aaJd rlght(srol-way Is shown on pial attaohed hereto and made a part hereof as Extllblt A.
The use 01 the area by the UnderslQned within said rlght(s)-ol-way, pursuant 10 this ooosent, shall be IImhoo to the oonstrucllon, operation and
maintenance of 42" SANITARY SEWER at the Ioca1l0n and to the extent as shown on said attached plat. Ills speclllcally understood that no buildings or
other obstructions 01 any type wlll be permitted withIn or on subject transmission line rlght(s)-ol-way.
The plans and specllicaUons as llubmltted by the Undenllgned meel the Power Company's approval provided the Undersigned conlom1.S to the
following terms and conditions:
I. The UndersIgned agrees to obtain all necsssary rights from the owners of the lands oressed by Ihe Power Company's rlgtlt(s)-ol-way.
2. The Undersigned agrees to use said area within the Power Company's right(s)-QI-way In such a manner as wlll not Interfere with the
Power Company's activities and facilities as now, or hereafter, exist thereon (hereinalter Power Company'e "actMtles' and "facilities",)
~. The Undersigned agrees that the use of Power Company's rlght(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 01 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 01 use and hereby agrees not to resist or assail said priority.
4. The use 01 l>aid area within said rlght(s)-of.way by the Undersigned shall be at the sole risk and expense of the Undersigned, and the
Power Company Is l>peclfioally rellevliId of any responsibility for damage to Ihe facilities and property of the UndersIgned resulting or occurring from
the use of said right(s)-of-way by lhe Pow",r Company as provided herein. The Undersigned oovenants not to sue PowliIr Company In that Instance.
5. The Undersigned hereby agrees and covenants not 10 use and will prohibit agents, employees and contractors of Undersigned Irom
using any lools, equipment or machinery within ten (10) leet of the Power Company's overhead conductors. The Underslgnlild agrees to comply with
Offlolal Code of Georgia, Section 46-3-30 et seq.. (HIGH-VOL TAGE SAFETY ACT) and any and all Rules end RegUlations of the State of Georgia
promulgated In connection therewith, all as now enacted or as hereinafter amended; and further agrees to nOlily any contractor(s) that may be
employed by the Undersigned to perfonm any 01 the work referred to In this Agreement of the existence of said code sections and regulations by
requlrfng said work 10 be performed In compliance with said code sections and regulations by including same as a requirement In I1s request for bids
and Including said requirements in any contract let as a ~ult 01 said bid. The Undersigned further agrees and covenants 10 warn all persons wihom
the Undersigned knows or should reasonably anticipate lor any reason may resort 10 the vicinity of such conductors of the fact that such conductors
are (a) electrical conductors, (b) energized, (c) uninsuleted and (d) dangerous.
6. Notwithstanding anything to the conlrary contained herein, Ihe Undersigned agrees to reimburse the Power Company for all ~out and
expense lor any damage to the Power Company's facilities reSUlting from the use by the Undersigned of said area within said rlgh1(s)-of-way. Also,
the Undersigned agrees that II in the opinion of the Power Company, II becomes necessary, as a result Qf the exeroise of the permission herein
grantoo, to relocete, rearrange, change or raise any of the PQwer 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 Undersignoo's contractor notify the Power CompanY's Repmsentative In Augusta,
Georgia, Phone: 706-667-6654, at least three (3) business days prlor to actual construction on the Power Company's rlght(s)-of-way.
8. The Undersigned agrees, to the extent it may lawfully do so, to Indemnity and save harmless and defend the Power Company from the
payment 01 any sum or sums of money to any persons whomsoever (inCluding third persons, subcontractors, the Undersigned, the Power Company
and agents and employees 01 them) on account 01 claims or suits growing out of InJurlt;ls to persons (Including death) or damage to property
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2006. DOC
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Instrument Number: 2008038251 BooklPa e: 01188/1165 Date Filed: 08/19/200814:08:52.01
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Book 01188:1165 Augusta-Richmond County
2008038251 08/19/2008 14:08:52.01
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(Including property of the Power Company) In any way attributable to or arising out 01 the use ot the rfght(s)oof.way, by the Undersigned as herein
provided, Including (but without limiting Ihe generality of the foregoing) all liens, garnishments, attachments, claims, suits, Judgments, oosts,
attorney's tees, cost 01 Investigation and ot delense. and exoepting only those situations where the personatlnjury or property damage claimed have
been causrod 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, tor any work or constNellen done on or
to said described right(s)-ol-way, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contraclors or
subcontractors to Indemnity and delend Power Company, its agents and employees as provided for above from payment of any sum or sums ot
money by reeson of claims or suits resulting from Injuries (includlnll death) to any person or damage to any property which Is In any manner
attributable 10 or resulllng from the construction, use or maintenance of the Undersigned's lacllltlas, projects or programs conducted on Power
Company's right(s)-ol-way herein described, and excepting only those situations where the personal Injury or property damage claimed have beEln
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, oontraotor or
subcontractor doing or providing any sUCh work or construction on said rjght(s).ol.way carry liability insurance which shall specifically cover such
contractually assumed liability, A certilloate 01 suoh insurance Issued by the appropriate Insurance oompany shall be fumlshed to the Power
Company upon request, said amount 01 Insuranoe to be not less lhan $2,000,000 par occurrence for bodily Injury and property damage which arise
out 01 or resull from the Undersigned's operations under this agreemenl. The Power Company shall be named as an additional Insured on this liability
Insurance coverage.
t J. The Power Company has the right to remove alltrel!lS and brush from lhe limits 01 the rlght(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 operatlon of Power Company's
lacillUes and are planted at a distance greater than twenty-five (26) feet from any structure or attachment thereto. A plan/ed low growing tree Is
defined as a tree which grows no more than 15 feet in height lit rneturity.
12. The Undersigned agrees that all conslnuction activity shall be conducted at a distance greater than twenty-five feet (25') from any
slructure or al1achment thereto.
) 3. This Agreement shall Inure to the benefit of and be binding upon the parties, their heirs, successors andlor assigns.
The Undersigned hereby accepts the foregoing consent, and has by Resolution of the Commissioners, or by other legal and proper
authortzatlon, duly adopted (a copy of which will be furnished to Power Company on request), authorized the execution and acceptance aflhls
Agreement subject to the terms and conditions set forth above and In the event the Undersilined falls to perform as herein provided and shall not
have executed and returned thIs Agreement on or before Ihe 1 ST 01 AUGUST, 2008, this Allreement shall become void and no use of the Power
Company's rlght(s)-of-way as herein provided for shall be made,
IN WITNESS WHEREOF, this Agreement has been duly executed, this the .iQ.. day 01 J V L Y 20..Ql1.
WITNESS:
#ld}/ ~a/
.UND~~D ~.r~'c:...
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NAME: ;;:w~ S. ~fIJ.-(,f~
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NOTARY PUBLIC: 2JO.... ~. tJ 7?J9'C~.i .,
Notary Public. Co b1a County, Georgia
My Commission Explres July 27,2010
The Power Company has by Its duly authorized agent executed this Agreement, this the.;j '7'day of :JuRa
TITLE:
,2oE
WITNESS:
~f/U// ,#y ~
NOTARY PUBLIC, au ch -' (P. rr..~'.-F-
AnIta P. Kallegat
.,;~ Public, COlumbia County, Ge::lrgl.
m....on Explr... Septamber 24, 2010
NAME:
TITLE:
Joe CawleJ(
Area Transmission MaintenarlC<> Supervisor
2006.00c
2
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Instrument Number: 2008038251 BooklPa e: 01188/1166 Date Filed: 08/19/200814:08:52.01
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Filed in this office:
Augusla--Richmond County
08119/2008 14:08:52,01
Elaine C Johnson ..
Clllfk 01 Superior COurt
W R Toole EnBilleers. Inc.
1d:;W"tJtr..(N"~ a.lr200 II ~ GIl.JO/l()I. 1(JI.1'2Z.,fH . .............alm
Englnee'" . ConsuItanIs , Plan,*"
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