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HomeMy WebLinkAboutGOVERNMENTAL ENCROAHMENT AGREEMENT EVANS DUMJON 230 KV TRANSMISSION LINES RIGHT ORF WAY GEORGIA POWER 01/30/2008 11:04 705-312-4123 AUG UTILITIES DEPT PAGE 02/03 GOVERNMENTAL ENCROACHMENT AGREEMENT FOR EASEMENT L. F. # 8-2350 APPLICATION # 30977 SUBJeCT: EVANS-DUMJON 230KV TRANSMISSION LINES RIGHT-OF-WAY The Georgia Power Company. hereinafter called the 'PoWlilr Company,' hereby consents for AUGUSTA, GEORGIA, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA. hereinafter called the .Undersigned," to use an area within Ihe Power Company's subject electrIc transmission line tight(s)-of- way desCribed as follows: Said right(s).-of-way being VARIES in width and extending In part through, 90TH DlstrlctlGMD, of RICHMOND County, Georgia, on which the Power Company has constructed and now maintains and operates said electric transmi$sion lines by virtue of certain easements heretofore acquired by the Power Company. The sald rlght(s),of,way is shown on plat attached hereto and made a part hereof aa Exhibit A. The use of the area by the Undersigned within Said right(s).pf.way, pursuant to this consent, shall be limited to the construction, operation and maintenance of 36" WATER LINE at the location ancl to the extent as shown on said attached plat. II 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. The plans and speclflcallons as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms to the following terms and conditions: I. The Undersigned agrees 10 obtain all necesscuy rights from the owners of the tancls crossed by the Power Company's rlght(s)-of-way. 2. The UndElrsigned 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 .activll1es~ and ''facilities''.) 3. The Undersigned agrees that the use of Power Company's rlght{s)-of-way as herein providEld shall in no way affect the validity of the Power Company's easement(s) and shall in no way modify or restrict ths 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 Ihe priority of the Power Company's right of use and hereby agr8es 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 PowElr 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 (1Q) 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 10 perform any of thEl work referred to in this Agreement of the existence O'f 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 inoludlng 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) un insulated and (d) dangerous. 6. Notwithstanding anything to the contrary contained herein, the Ul"dersigned 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 thai il 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 faclJlties. 7. The Undersigned agrees 10 notify or have Ihe 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 rlght(s).or.way. 8. The Undersigned agrees, to the extent II 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 CompRny and agents and employees of them) on account of Claims or suits growing out of inJurtes to persons (Including death) or damage to propsrty 2006.DOC 01/30/2008 11:04 705-312-4123 AUG UTILITIES DEPT PAGE 03/03 "_0' (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 tees, 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 resulllngfrom 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 facllltles, 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 r1~aSOn 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 COVBr 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 shalf be named as an additlonallnsured on this liability insurance coverage. II. The Power Company has the right to remove all trees and brush from the limits of the rlght(s)-of,way. However, Power Company will parmit soma planting of shrubbery and low growing trees provided these plants do not intertere 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 othar legal and proper authorization, duly adopted (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 31'H of DEceMBER. 2007, 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 L day of"'7J,op.lt..YJl.~ 20tf7. WITNESS. ~~~ . NOTARY PU~~;~. !2~;;;Q:~/". ~mtU~ M"C---.,.... '. . .-..........J 7'lr';QT."13 1 ~..r1'1lld ';~I,'~J"l :""'n " ... , r -- ,.. - --.. ......'1 w..::- vcl.y ~~/, 2010 The Power Company has by its du!y ~uthorized agent executed this Agreement, this the !l day of .:r~N. ..~ UNDERSIGNED BY. cX~ ~---- NAME: -YA,};::p 5 (;.~eJ";~'#('(/C;'j- TITLE: vA-/4 1oi- , 20.Q.S. WITNESS. ~ ~4 NOTARY puOLle. tk..;i--,...JP. ;{~J O/(!~ (i"R COMPANY NAME. Joe pa",H TITl..E: Area Transmission Maintenance Supervisor Anita P. I<a.ttegat Notary Publlo. Columbia County, eG:;Irgla My Commletllon Expires September 24, 2010 2000.DOC 2 01/30/2008 11:05 AUG UTILITIES DEPT 705-312-4123 r "'tIm "T1 -CI) . 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