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Home My WebLink AboutGOVERNMENTAL ENCROACHMENT DUMJON EVANS TRANSMISSION LINE RIGHT OF WAY '.~ '.... . " " .' 1:",1'\ -[ .--,-' . . f., t, "\ Book 01125: 1719 Augusta - Richmond County 200703153806/07/200715:51 :38.00 $0.00 AGREEMENT 111111111111111111111111111111111111111111111111111111111111 2007031538 Augusta _ Richmond County After recording, please return to: Augusta Utilities Department Land Acquisition Section 360 Bay Street, SUIte 180 Augusta, Georgia 30901 (706) 312-4143 GOVERNMENTAL ENCROACHMENT AGREEMENT L F. # 6-1611 APPLICATION # 30776 SUBJECT: DumJon-Evans 115kv TRANSMISSION LINE RIGHT-OF-WAY The Georgia Power Company, hereinafter called the "Power Company;" hereby consents for Augusta Richmond County Board of Commissioners, 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 100 feet in width and extending in part through 119th District, 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 ARE 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 sewer line with a 20' permanent easement at the location and to the extent as shown on said attached plat. 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 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 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 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 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 raising of said facilities. 7. The Undersigned agrees to notify or have THEIR contractor notify the Power Company's Transmission Maintenance Center, 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 of 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, attorney's fees, cost of investigation and of defense, and excepting only those situations where the personal or damage claimed have been caused by reason of the sole negligence on the part of the Power Company, it's agents or employees. '.. .1',..- .: "\ Book 01125:1720 Augusta - Richmond County 2007031538 06/07/2007. 15:51 :38.00 " 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 $1,000,000 for property damage for anyone accident. 11. RIW LANDSCAPING SPECIFICATIONS: RIW easements grant Power Company the right to remove all trees and brush from the limits of the right-of-way. However for aesthetics in urban areas, Power Company will permit some planting of shrubbery and low growing trees provided these plants do not interfere with the access to and operation of Power Company's facilities. A planted low growing tree is defined as a tree which naturally grows no more than 15 feet in height at maturity. 12. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors and/or assigns. The Undersigned hereby accepts the foregoing consent, and has by Resolution of the Commissioners, or by other legal and proper authorization, duly adopted on the -J qf"tt day of f.f- f)/l..,j! , 20a.,:r (a copy of which will be furnished to Power Company on request) authorized the execution and acceptance of this Agreement subject to the terms and conditions set forth abov~,~ll.cl)l1theevent the Undersigned fails to perform as herein provided and shall not have executed and returned this Agreement on or before the~.1";;'daYiof.May: 2005, this Agreement shall become void and no use of the Power Company's right(s)-of-way as herein provided for shall be made. ,';;';J -. ~1~J3 ~(@S$ 'i.;. '; _ _ l:., ".. '".~'. .,.."';,.y,%':" \. IN WITNES WHEREOF, this Agreement has been duly executed, this the ;(:5+17 day ol" ". .. .'~~~'t~".,,~,,;.":'~~jj~~'~f;:;Z,;2005. WITNESS: ;'~'t!~~"t'~i\ 2005. GEORGIA POWER COMPANY BY: Y(\~-rli~"" ~ l.oAiI -..J Francetta R. Harbert, TransmiSSion'Supervisor I - .~~' ... .. - :16-4 ~\~ Book 01125:1721 Augusta - Richmond C;ounty 2007031538 06/07/2007 15:51 :38.00 .. 'f, '" o o N ~ o S ---:-( ---, \ , \ \ / \ \ -- \ \ / .-eo\ I- , I- \ \ , z'Z \ \ / ~w \ \ __ 4.Q / ~(/l , - w<1: , ~o..w / , ~o 0 '\1' /' ',,- , , <9. ' / (?" "- , ~"" , .s>. "<!' " C? . , .6 , "l?~ " iJI "- , , "- ~ ~ ~r: W <[Z '" UW o O~ ~W ...J l/J ~z W <[ a..:i ~W la...~a: I-U Ow W '" a.. ~ W ::> l:I !z'W~~la... :i '" \0 '" 0 U Ww el> ~ i5!:l I- a.. ~ :c '" z. ~ Z I- ~~iil~5 OJ d u (I) o f'. >- C\I >- I-",>la... 1-> \05el~0 Z~ :::OZ~M 5~ cuD.......... u..... M ..... x~"''''1- ~Z xZ"'zw ZO oi;<[w o~ I-~~>:C ~~ zGow"''':coco w.....u ,Wul:l I ~~la...llri~~I-CO U<[OZIf)...J ~~ <[I- 01 ~Ol o"'~J:ctj~la......J ~::>~ <[l:I_ Ul:l<[~a.....JQ"\la...a.. ~~[iliS~e:::~~ , , "--r. , Xc;.., ~', ~o Y".l'v ~,-oc;.., ~O~y. 9'~i ,~& ~ '" / ,,--- ,X, " "- / , /' , , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ '- \ -- '-.:- -- -- "- , ',,- Filed in this office: Augusta - Richmond County 06/07/200715:51:38.00 ---- ElaineC. Johnson Clerk of Superior Court