HomeMy WebLinkAboutGo Shen- South Augusta 230KV Transmission Right -Of -Way
Augusta Richmond GA
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BOX NUMBER: 17
. FILE NUMBER: I ~52 ot
NUMBER OF PAGES: {o
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GOVERNMENTAL ENCROACHMENT AGREEMENT
L. F, # N-275
APPLICATION # 30617
SUBJECT: GOSHEN-SOUTH AUGUST A 230KV TRANSMISSION RIGHT-OF-WAY
_ The Georgia Power Company, hereinafter called the "Power Company;" hereby consents for Augusta. Georgia. a Political Subdivision of
the State ot Georgia hereinafter called the "Undersigned," to use an area within the Power Company's subject electric transmission line right(s)-of-
way described as follo\^,ls: '
Said right(s)-of-way being 100 feet in width and extending in part through 86TH 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 Iiy the Power Company, The said right'(s)-of-way is shown on plat attached hereto and made a part hereof. The
use of the area by the Undersigned within said right(s)-of-way, pursuant to this consent, shall be limited to the construction, operation
and maintenance of a 36" concrete sewer pipe at ttie location and to the extent as shown on said attached plats, It is specifically
understood that no buildings or other obstructions of any type will be permitted within or on subject transmission line right(s)-of-way,
1, 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: The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by the Power
Company's right(s)-of-way in the event the Undersigned does not own the said lands and rights,
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 t~at 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 agr~es 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 Undersigned resulting or occurring from the
use of said right{s)-of-way by the Power Company as provided herein, Undersigned covenants not to sue Power Company in that instance,
5, The Undersigned hereby ag~ees and covenants not to use and will prohibit agents, employees and contractors of Undersigned from
using any tools, equipment or machinery within ten -(1 O)feef of the 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 (d) 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 raising6f said facilities,
7. The Undersigned agrees to notify or have their contractor notify the Power Company's Transmission Supervisor or Manager, Augusta,
Georgia, Phone (706) 667-5654, at least two (2) days prior to actual construction on the Power Company's right(s)-of-way,
8, The Undersigned agrees, to the extent if 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
(including property of the Power Company) in any way attributable to or arising out of the use pf the above described lands, by the Undersigned as
herein provided, including (but without limiting the generality of the foregoing) all liens, garnishments, attachments, claims, suits, judgments, costs,
attomey" fee', ""t of i"e"igefioo aod of dete"e, aod e"epliog ooly those ,itualion, where the pereoosl oc damege daimed have beeo oau'ed. d. ~
by ,e",oo of the ,ole oegligeoce 00 the part of the Powe, Compaoy, W, ageol, 0' employe",. 1
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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,
10, The Undersigned further agrees 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 on request, said amount of insurance to be not
less than $1,000,000 for anyone person, $5,000,000 for anyone accident for bodily injury or death and $1,000,000 for property damage for anyone
accident.
11, R/W LANDSCAPING SPECIFICATIONS: R/W easements grant Power Company the right to remove all trees and brush from the limits
of the right-of-way, However for aesthetics in urban areas, 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, A planted low growing tree is defined as a tree which
naturally grows no more than 15 feet in height at maturity,
12, 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 foregol!l9 consent, and has by Resolution of the Commissioners, or by other legal and 'proper
authorization, duly adopted on the /8 day of ~prEn. ~ ,20.RL (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 fails
to perform as herein provided and shall not have executed and returned this Agreement on or before the 17th day of October, 2001, this Agreement
shall become void and no use of the Power Company's right(s)-of-way as herein provided for s made,
HEREOF, this Agreeme has been duly executed, this the /fi 'I'r 111~
BY:
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,202L,
WITNESS:
NOTARY PUBLIC: ~IATTL ,: Bob ?Y7;~ I :~yor
Not Public, ,ichmc:1d c.ounty, Georgia
My Commission E;'~ires D~;c. 27, 2003
, Ttie/P9wer~Company has by its duly authorized agent executed this Agreement, this the 1ST day of {Jl('lo6e/'
:i::~~:~~0?n~ . BY. 0 ~ ~~
/. My CommiSSIon Expires
- ....- 'November 15, 2002
~
Supporting Statement
Encroachment #30617
Original encroachments 30009, 30010, and 30011 were never completed. These
permit numbers have been cancelled. This is a new permit for the existing encroachment,
which covers the maintenance of the line.
N9T'!?: E,ti\:ipiT',~nt or m:-,cl:ii:~:,y c"-p",bk: (If o.dng locaied or cper~t~!d wi:!!.
ili"-~Tght (S) fe'~t of the Power Compariy's overhead corlductorsb not pl?m:?c-
ted' ~m Power Company right; of way. Your attention ,is direct~d to the pro-
Visiops (jt Georgia Laws J.9?O, Page 181 ~t.:seq. ,You are hereby put on
notice that- the Power Company's overhead, conductors are{aI j::l('lctr:ic con'"
kluc.torsa c(1~)J ~n~!.giz~d~ ,(c)junin~u1.aj:s:.cl an;;lJ.g)j qangerou~ . .
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