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Home My WebLink AboutMeag Govermental Encroachment Agreement Augusta Richmond GA DOCUME. NT NAME: . HecQ GOVCl'TY'ertR I frtrOoCh vrcn+ -.J . A3~(IY DOCUMENT TYPE: AJY ~nt YEAR: 71)04 BOX NUMBER: W FILE NUMBER: \\ O~l NUMBER OF PAGES: 3 .":,,. .- ,(' ~ .. ,. 7?.l['(91~ IJ&QIc f f~/oq 90g j cP~' ::1 /oS- cR /6 7 .... ~ MEAG GOVERNMENTAL ENCROACHMENT AGREEMENT L. F. # APPLICATION # 31086 SUBJECT: Bath-Dum Jon Transmission Line The Municipal Electric Authority of Georgia, hereinafter called "MEAG," hereby consents for Augusta-Richmond County Board of Commissioners hereinafter called the "Undersigned." to use an area within MEAG'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 the 12151 GMD of RichmondCounty, Georgia, on which MEAG has constructed and now maintains and operates said electric transmission line by virtue of certain easements heretofore acquired by MEAG. The said right(s)-of-way is/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 its Project No 50215 (Spirit Creek Basin -Pocket)/Jamestown Sewer Extension-Phase II 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. It is also understood and agreed that this Governmental Encroachment Agreement covers a 5' temporary construction easement for a distance of 120' along the westerly right-of-way line of MEAG's 100' easement extending in a northerly direction from the northerly right-of-way line of Ulm Road. This temporary easement area will be restored to its original condition at the end of construction of the sewer. 1. The plans and specifications as submitted by the Undersigned meet MEAG'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 MEAG'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 MEAG's right(s)-of-way in such a manner as will not interfere with MEAG's activities and facilities as now, or hereafter, exist thereon (hereinafter MEAG's "activities" and "facilities".) . 3. The Undersigned agrees that the use of MEAG's right(s)-of-way as herein provided shall in no way affect the validity of MEAG's easement(s) and shall in no way modify or restrict the use or rights of MEAG, its successors or assigns, in and to the area to be used. The Undersigned acknowledges MEAG's right and title to said easement(s) and the priority of MEAG's right of use and hereby agrees not to resist or assail said priority, - - --4,--The use cf said area within said right(s)-of-wayby the Undersigned-shall-be atthe-sole-risk-and-expense-of-the-Undersigned, and MEAG .. 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 MEAG as provided herein. Undersigned covenants not to sue MEAG 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 MEAG'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 MEAG for all cost and expense for any damage to MEAG'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 MEAG, it becomes necessary, as a result of the exercise of the permission herein granted, to relocate, rearrange, change or raise any of MEAG's facilities, to promptly reimburse MEAG for all cost and expense involved in such relocation, rearrangement or raising of said facilities, 7. The Undersigned agrees to notify or .have his contractor notify Georgia Power Company's Transmission Maintenance Center, Augusta, Georgia, Phone (706) 667-5654, at least two (2) days prior to actual construction on MEAG's right(s)-of-way. 8. The Undersigned agrees, to the extent if may lawfully do so, to indemnify and save harmless and defend MEAG from the payment of any sum or sums of money to any persons whomsoever (including third persons, subcontractors, the Undersigned, MEAG 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 MEAG) in any !- ~~ --' . i' 'i .. .:... 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 injury or damage claimed have been caused by reason of the sole negligence on the part of MEAG, it's 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 MEAG, 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 MEAG'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 MEAG 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 MEAG the right to remove all trees and brush from the limits of the right-of-way. However for aesthetics in urban areas, MEAG will permit some planting of shrubbery and low growing trees provided these plants do not interfere with the access to and operation of MEAG'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 andlor 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 ;2.wra day of ~67~BrI/J.t;111.. ,~~ (a copy of which will be furnished to MEAG on request) authorized the execution and acceptance of this Agreement subject to the terms and conditions set forth ab e and in the event the Undersigned fails to perform as herein provided and shall not have executed and returned this Agreement on or before e 1st day of January, 2004 , this Agreement shall become void and no use of MEAG's .right(S)-Of-way as herein provided for Sh~1I be made. /J/J,_ IN WITNESS WHEREOF, thiS Agreement has been duly execute~h~ ~he _ ay ~f _ ~ . ._" ' 20J2..l.. WITNESS: ~ - ~c(BY: t~:t . - ./ . - .0 NOTARY PUBLIC: ,. ~~ . TITLE: It "~ ~" _ . .\2..-{ ~/.~ . day of . c!:if:,,4/<.:t Notary Public, Columbia Co ty, Georgia My Commission ExpiresAug.l, 2006 "..-- " ".-"" -. MEAGhas ~y its'duly.author[zed ~gent executed this Agreement, this the DATE: .L ~N/) ,20~ WITNESS: BY: NOTARY PUBLIC: ~.q ( MEAG-gov " .." ~'. .." ~ '1. " vi ::- ~ (. Enctciachmeht Agreements for Augusta-Richmond County ~ I J . . Boarq of Cohunissioners.' #31086 and 31087. For Spirit. CreeM BasinL1 Pocket/oj amestown Sewer Extension Phase II. I ' . I '. . 121 st GMD, lRicbmdnd County, Georgia. . , CrOS~g Riht-of-.Jay of M~icipa(Electric Association of Ga. Bath-bum Jbn Tran~mission Line and Ga. Power Jefferson EMC #5 Bath 1rrans~ission Line. -~~----""",,,,,,,,--~,,,,.,-,-,,,,,,,,,,,, ----..... .- -...--...,.... _......'........-......".....:....,.......,'~ N ~, k tv/l ~ J~ ~~I I - N i' ;!lor /0 '.sGj)L~ I I ! I I I i , J I I i