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Home My WebLink AboutEncroachment Agreement with Procter & Gamble Manufacturing Company Augusta Richmond GA DOCUMENT NAME: EN UZ-01'\- c.Jl.1"l e;pVJ I-l q (l6 ~,.., ",tV" uJ 171-1- P fl. Oc. T e;-IL ~ G,-p. M fb L-~ rn 4tv,,-{2FtCTU(2..1 ~ c..Orr1 pArJ 1 DOCUMENT TYPE: ~Oj(Z~E..M ~I YEAR: d.-OD6 BOX NUMBER: I 't FILE NUMBER: llo 7 I Y NUMBER OF PAGES: S-- Book 00848:2122 Augusta - Richmond County 2003011850 041.08/2003 ~ 1 :37: 1500 $000 AGREEMENT .. lilll.ll1llimmlllllillllllilllilliilllffiilllmlllllllu 2003011850 Augusta - Richmond County After recording, please return to: Sandra K. Tyler Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 (706) 312-4143 STATE OF GEORGIA ) COUNTY OF RICHMOND) ENCROACHMENT AGREEMENT WHEREAS, Augusta, Georgia, is the owner and lessor and The Procter & Gamble Manufacturing Company is the lessee of the property hereinafter described, to wit: All that tract or parcel of land situate, lying and being in t~e 123rd district, G. M., Richmond County, Georgia, being on the Savannah River near Mother Peg Bar and being more particularly described as beginning at an iron pipe, which iron pipe is located at the Northeastern terminus of an easement across the land, now or formerly, of Harold Thompson, which easement is described by an instrument dated March 12, 1958, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 25-A, Page 89 and from said iron pipe running North 38 degrees East 615 feet across the levee to an iron pipe on the Eastern side of said levee; thence turning and running in a Northerly direction along the bottom of the slope of said levee in a curved line 1,370 feet to an iron pipe; thence turning and running in an Easterly direction 300 feet to the low water mark of the Savannah River; thence turning and proceeding in Southerly direction along said river 1,000 feet; thence turning and proceeding South 39 degrees West 517.38 feet to an iron pipe, thence proceeding South 38 degrees West to an iron pipe located on the Western boundary of the levee right-of-way; thence turning and proceeding in a Northerly direction 100 feet to the point of beginning. All as will more fully appear by reference to a plat of easements through properties of Prior, State of Georgia, Thompson and City of Augusta, prepared by Patchen- Zimmerman, Engineers and certified on March 6, 1958, by Clifford D. Williams, Registered Surveyor, which plat is recorded in said Clerk's Office in Realty Book 25-A, Page 92-93. Lease to The B. F. Goodrich Company of said property being recorded in said Clerk's Office in Realty Book 25-B, Pages 160-163, with transfer of said lease to Empire Land Company recorded in Realty Book 27- P, Page 210, and transfer to The Procter & Gamble Manufacturing Company recorded in Realty Book 27-P, Page 458. WHEREAS, Augusta, Georgia, owner and lessor of said property, desires to encroach upon 5,497 Square Feet, more or less, of said leased area, as shown on a Utility Encroachment Plat prepared for the Augusta-Richmond County Commission, Augusta, Georgia, by Harbin and Harbin, dated Aug. 23, 2002, and attached to this Encroachment Agreement as Exhibit "A." Said encroachment is in order to construct and maintain improvements thereon, including two 42 inch raw water transmission lines, the "water lines"; and . ; Book 00848:2123 Augusta - Richmond County . 200301185004/08/2003 11 :37:15.00 WHEREAS, The Procter & Gamble Manufacturing Company, is agreeable to permit the encroachment upon said leased property; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made, The Procter & Gamble Manufacturing Company, "Grantor", hereby grants to Augusta, Georgia, "Grantee", a permit to encroach upon said leased property for the purposes herein described, subject to the following terms and conditions: 1. Grantee shall have an ongoing obligation to maintain, at its sole cost and expense, the Water Lines and any related equipment or improvements within the encroachment area. Grantee shall replace any landscaping disrupted by Grantee's activities to the extent possible and consistent with Grantee's activities. Grantee shall restore the property to its preexisting condition, or such other condition as Grantor and Grantee may agree, upon abandonment or other termination of this encroachment. 2. Grantor reserves the right to use and occupy the encroachment area, for any and all purposes whatsoever, and in any manner whatsoever that does not unreasonably interfere with the rights herein granted to Grantee. Grantee shall have the right to use and occupy the encroachment area in any manner, in accordance with the rights herein described, so long as it does not endanger in any manner the raw water carried through the Water Lines. 3. Grantee shall be liable for and shall pay for all damages, to the extent caused by its employees, or agents, in connection with the construction, reconstruction, maintenance, repair, replacement, removal or use of the Water Lines or any related equipment or improvements within the encroachment area. 4. Grantee shall give Grantor at least three (3) business days notice, by contacting Eric Yarbrough at 706-771-8641, in advance of any construction activity in the encroachment area so that Grantor can arrange to have a representative present during the construction, if so desired. IN WITNESS WHEREOF, the undersigned has caused this instrumentto be executed by its duly authorized officers and officials this -L.~ay of n/.ar6'tt , 2003. Signed, sealed and delivered In the presence of: ~~h~ Witness {'};.fAA~L -t, ~ Witness THE PROCTER & GAMBLE MANUFACTURING COMPANY, GRA4 By: L+L4- Printed Name: . LydlCl JacobS-Horton . Title: Manager, Real Estate Department .{;y-/d~ Witness ~BY: Printed Name: Title: ~ tr.i AUGUSTA, GEORGIA, E . . Book 00848:2124 Augusta _ R. h . - -.. 200301 Ie mond County 185004/08/2003 11 :37:15.00 STATE OF OHIO ) ) SS COUNTY OF IIrMuJ-hYrL ) The foregoing instrument was acknowledged before me this 2- day of ~tJ'^-- , 20a2-by Lydia Jacobs-Horton of The Procter & Gamble Manufacturing Company, on behalf of the corporation. ~/AaVt#- Notary Public My Commission Expires: .......p:.\~.iAt....... /~ <\ ( i LISA ALlISON SUlliVAN i J Attorney at Law \ & Notary Public, state of OhIo \~~,. ~,o.l My Co~m/s8lon Has No ExpIration '''''..f: OF ?...... :J1lotlon 147.03 R.C, ............ STATE OF ~~,;-<..> ) ) SS COUNTY OF /0.~{;)~ ~gOing inslrume~t was acknowledged before me this ~aY.~f ... '. . ' 200~by Ynfjlt>>.1~.. of.." \. ,. , . I ~ - ~ t1;;. , on behalf the mClpal corporat~.0~.. t. 'J \ l~' n~.. Y/t0 tV. ml>>~' .(.;'/"")~'~\~ ...t. . Notary P~c NotafY Public. CoI~mbla County. GeOrgia M C .. E' My Commission Expires Aug.,1..2006 y OmmlSSlOn XplreS: " , . ^ B09k 00848:2125 Augusta - Richmond County 2003011850 04/08/2003 11 :37:15.00 . ". J:i.Q.If;;. TOPOGRAPHICAL FEA TURES AND MONUMENTS WERE ESTABLISHED FROM A SURVEY BY HARBIN AND HARBIN SURVEYORS lYQIL PROPERTY LINES WERE NOT SURVEYED BY THE UNDERSIGNED BUT WERE PREPARED FROM PLA TS MAPS AND DEEDS AND LEASES OF RECORD. ( \ ( CI TY OF . AUGUSTA \ TAX MAP 36-1, PARCEL 171.01 \ \ THOMPSON FARMS \ TAX MAP 125, PARCEL 1 / / \ ~M~ f'\ t/I "'. :z",1\' ~~a \ ~;z ~~~ \ ~\~ :Zlll;r. ~~~ -' ~ \ \ / / 0.13 Ac. 5497 S.F. ,/ ,/ :z t~ \ \ ~~ ~ "\\ \~ \ \~ \ \ \\ \ \ \ \ \\ CI TY OF . AUGUSTA T~X MAP 36-1, PARCEL 171.01 PROCTOR & GAMBLE MFG., INC. (LEASE HOLDER) ( TAX MAP 126, PARCEL 2 \ \ \ \\ \ \ \ \\ UTILITY ENCROACHMENT PLAT - PREPARED FOR - Augusta Richmond CountY.. Commission Augusta. Georgia Augusta, Georgia SCALE: 1" = o 100' , 50' 100' 150' , DATE: AUG. 23. 2002 SCAlE IN FEET - PREPARED BY- HARBIN AND HARBIN 457/-B cox ROAD - P.o. BOX 211/1$/1 - ~UGUSTA , GEORGIA J09I7-1/1'9 mEPHONE:: (706) 855-6700 EXHIBIT "A" \ \ Filed in this office: Augusta - Richmond County ~- --- ---04!08!2003-1-1..:.3.7--;..1S00__ Elaine C. Johnson \'