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Home My WebLink AboutSCOTT NIXON MEMORIAL DRIVE/PLEASANT HOME ROAD CRANE CREEK RIGHT OF WAY "'. DEPARTMENT OF TRANSPORTATION CITY RIGHT OF WAY AGREEMENT STATE OF GEORGIA COUNTY OF RICHMOND CITY OF AUGUSTA The DEPARTMENT will assist the CITY in constructing a project for the improvement of 744 feet of constructing drainage repairs on Scott Nixon Memorial Drive/Pleasant Home Road at Crane Creek, as per attached sketch and designated as Project Number PRC10-S00g-00 (375), hereinafter referred to as the "Project", a complete plan of said project is on file at the appropriate District Office of the Department of Transportation, on which reference is hereby made for all purposes; Whereas, this Project will extend within the corporate limits of the CITY; Therefore, in consideration of the mutual benefit to the parties derived from the construction, installation and operation of said improvements, the CITY agrees as follows: The CITY agrees to furnish, at no expense to the Department of Transportation, good and sufficient title, to provide an 25 right of way, necessary for the proper construction and maintenance of the above named project in accordance with pertinent agreements and regulations, according to the plans prepared by the DEPARTMENT, including any drainage deemed necessary by the Department or it's engineers, within the limits of said City. The CITY agrees to provide for it's proper maintenance after completion of said improvements, and will make ample provisions each year for such maintenance. The CITY agrees that when the above numbered project is advertised for letting, the CITY will arrange with various utility owners to place underground facilities that are approved to remain under the pavement in a satisfactory state of repair except where this phase of work is covered by separate agreements. The CITY further agrees to assume responsibility for and cooperate with the Utility Owners in the moving, setting back, replacing or lowering of all customers' service connections, including gas lines, telephone lines, electric power lines, water mains and sanitary sewer connections to clear construction by one foot whether such facilities are publicly or privately owned except where this phase is covered by separate agreement. Additionally, the CITY will require stubs and headers to be installed to avoid future cutting of the pavement. It is further agreed that after construction is completed on off-system projects, no new or additional utilities facilities will be allowed to encroach on the rights of way for this project except under permit issued by the CITY in accordance with the policies of the Department of Transportation, with special emphasis on the Department's prohibition on pavement cuts in new and widened roadways. Page 1 of 2 The CITY agrees to remove any existing structures or obstructions as provided in pertinent agreements, prior to advertisement for letting and to prevent any future encroachments upon the right of way limits of said roadway not covered by permits duly issued by the DEPARTMENT or the CITY; and furthermore agrees, obligates and binds itself in accordance with Title 40 of the Georgia Code that it will not pass any laws, rules, regulations or ordinances which penalize, hinder or otherwise obstruct the free movement of vehicular traffic on said roadway, including angle parking, nor erect any traffic signals, towers or lights on the said right of way without written consent of the DEPARTMENT. The CITY agrees that prior to, during and after completion of the construction of the above named Project, the CITY shall defend and hold harmless the Department of Transportation for any liability for direct or consequential damages resulting from personal injury, property damages, or inverse condemnation, except for that which is the result of the sole negligence of the Department of Transportation. After completion and final acceptance by the Department, of the Project, the CITY assumes complete ownership, control, and responsibility, including any liability for the above named Project. This Agreement is made and entered into in Fulton County, Georgia, and shall be governed and construed under the Laws of the State of Georgia. This the day of ,20 \}~ U ~~ y. Mayor' II STATE OF GE COUNTY OF CITY OF I, ~ , as Clerk of said CITY, do hereby certify that I am custodian of the books and re rds of th same, and that the above and foregoing copy of the original is now on file in my office, and that the Mayor of the City Council was authorized and directed to execute the same for and in behalf of said City Council. Witness my hand and official signature, this 4---- day o~ ' 20 0 ~ ?k /w;i9i~ STATE OF GEORGIA COUNTY OF CITY OF This is to certify, that in my opinion, the dedication of th Page 2 of 2 ~ t- W W J: tI) ~ <( :E :E :) tI) t- o W .., o 0:: 0- W C) <( z <l 0:: C :I: .... e> Z w ..J U. ....J ~ ~ ,.... ....J~ <CLU -LU 0::0:: au ::ELU LUZ ~~ au C~o <CZZ ~I-<C u..l-o 000:: WULU :!E(/)::E <cZo zlliI ~~ LU<C CO(/) 0.<C ::E~ uo. = ~ ~o .. o Z I- o W .., o a::: CL. 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