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HomeMy WebLinkAboutMUNICIPAL ELECTRIC TRANSMISSION BATH DUMJON 230V 31167 . .. Municipal Electric Authority of Georgia Governmental Encroachment Agreement Subject: BATH-DUMJON 230KV L.F. Number: AppDcation Number: Location Number: 6-1311 31167 1505 SUBJECT: SA TH-DUMJON 230KV TRANSMISSION LINEs RIGHT-OF-WAY The Municipal Electric Authority of Georgia, hereinafter called "MEAG," hereby consents for Augusta, Georgia, a Political Subdivision of the State of Georgia hereinafter called the "Undersigned," to use an area within MEAG's subject electric transmission Dne right(s)-of-way described as follows: Said right(s)-of-way being 100 feet in width and extending in part through 121 GMD District, of Richmond County, Georgia, on which MEAG has constructed and now maintains and operates said electric transmission lines by virtue of certain easements heretofore acquired by MEAG. The said right(s)-of-way (is or 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 18" Water Line 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. The plans and specifications as submitted by the Undersigned meet MEAG's approval provided the Undersigned conforms to the following terms and conditions: 1. 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".) If it is determined, in MEAG's judgment, that the Undersigned's use of the property does in fact so interfere, the Undersigned shall take whatever action is, in MEAG's judgment, necessary to remove such interference. If the Undersigned refuses or fails to take such action promptly, within a mutually agreed upon tirneframe or within 90 days if no agreement can be reached, MEAG may, at its option, remove such interference, and the Undersigned shall be Hable for the costs of said removal. 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 of said area within said (right(s)-of-way by the Undersigned shall be at the sole risk and expense of the Undersigned, and ~EAG 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 for 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 the Power Company's overhead conductors. The Undersigned agrees to comply with Official Code of Georgia Section 46-3-30 at 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 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 MEAG Govemmental Encroachment Agreement.doc be performed in compliance with said code sections and regulations by including same as a requirement in its request for bids and including said requirement in any contract let as a result of said bid. The Undersigned further agrees and covenants to wam 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 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 the 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(s) 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 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, gamishments, attachments, claims, suits, judgments, costs, attomey's fees, cost of investigation and of defense. 9. R/VII LANDSCAPING SPECIFICATIONS: R/VII 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 to not interfere with the access to and operation of MEAG's facilities. A planted low growing tree or shrob is defined as a tree which normally grows no more than 15 feet in height at maturity. 10. 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 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 retumed this Agreement on or before the 14 of September, 2009, this Agreement shall become void and no use of MEAG's right(s)-of-way as herein provided for shall be made. IN WITNESS WHEREOF, this Agreement has been duly executed, this the fJu cr'-t it) tJ}-,,~~ WITNESS I' 7l{L,-# tJ m~ NOTARY PU Notary Public, Columbia Count'}, Georgia My Commission Expires July 27, 2010 BY 18 day of IiUhlJ$T ,20~ U2J{!/t-- )?f'r..J;r. V ~. CDf"CeJ *fRvo"- ~l1it>~ TITLE DATE ~ rJo( qblff1 MEAG has executed this Agreement, this the c'" day of BY I I I J .I LAURA . SC NOTARY PUBLIC Cobb Counw State of Georgia My Camm. Expires August 28, 2010 TITLE -Z4~ 0 ') DATE MEAG Govemmental Encroachment Agreement.doc 2 II) I : ~/ Ii ~ J:i.li , U) U) .. c " E ! .e .. c ~ ~ l .. c " E .c u " e u c W S c " E E ~ o C) .. .2 c( :!: -'l :c ilC w ~ -%. / 1.4" A~'_"J...U-G:::::;~-~- lVJ- 'o-'-:--r--'./1' J / 7 / ,,- I~ d ~ .... ~ .... ~ \I) ~, 'll:~ ~\,;. \!;!~ !:l~ .~~ 00 :E I- ~ ! 1.l/) tr:u t+- Ci:i o 0.. 0.. o ~ 0:: ~ 00 ,00 ,~ () 00 w z ::i z o en '...... I~/ ~"' .' * 00:: / s,d ~ ZC( // ~~ / r,;'-/t' ~~_______.,..:' / to ~ $ c o 'i '> =a -'l :l U) "3 ; !! Eo o,,'eClO 0..'- ".... 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