HomeMy WebLinkAboutEncroachment Between & Richmond County
Augusta Richmond GA
DOCUMENT NAME: ~ ^' e. R6 f\-C!-\ Il" ~,J1" ~E.1'<J e6l'-' "&=." SO VTH ~I R I Q., H-rnO '" II
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DOCUMENT TYPE'
. A<jR.~~r7>eAV-r
YEAR: 1 Ctq q
BOX NUMBER: '1
FILE NUMBER: I Lf I r 3
NUMBER OF PAGES: L.j
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RETUR&~,o :
Harry~~~~~tlAGE 49
454 Greene St.
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ef}GE 49
~I~~4RECORDED
"R. \' ~ J'" ~ I F-~GLRE:(orJeol
R-e~c (p 4- ~W~ ~ I'
..--' BellSouth Telecommunications, Inc., hereinafter called the "Compa~: and for 3 Gf ~ 0 <f t
$1.00 and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, hereby consents for RICHMOND COUNTY, hereinafter called the
County, to use an area within the Company's easement for an encroachment, said
easement being more particularly described in Attachment 1 made a part hereof.
ENCROACHMENT AGREEMENT
The use of the area by the Undersigned within said easement, pursuant to this
consent, shall be limited to the County's road construction at the location described as
follows: See Attachment 1, It is specifically understood that this consent is limited to
the encroachment described above, and no building or: other obstructions of any type
will be permitted within or on subject easement.
The Undersigned agrees to the following terms and conditions:
1. The Undersigned agrees to use said area within the Company's right(s) of
w~y in such a manner a~ will not interfere with the Company's facilities installed
thereon, and to construct said encroachment so as to allow ingress and egress by the .
Company to its facilities, At no time shall the encroachment be locked so as to impede
ingress ahd egress.
2. The Undersigned agrees that the use of the Company's right(s) of way as
herein provided shall in no way affect the validity of the Company's easement and shall
in no way modify or restrict the use or rights of the Company, their successors or
assigns, in and to the area to be used.
3, 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 Company is specifically
relieved of any responsibility for damage to said facilities of the Undersigned, resulting
or occurring from the use of said right (s) of way by the Company.
4. Notwithstanding anything contained herein, the Undersigned agrees to
reimburse the Company for all cost and expense for any damage to the Company'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 the Company, it becomes
necessary, as a result of the exercise of the permission herein granted, to relocate,
rearrange, change, raise, expose or protect any of the Company's facilities to promptly
reimburse the Company for all cost and expense involved in such relocation,
rearrangement raising, exposure or protection of said facilities.
5. The Undersigned shall and does hereby agree to indemnify and save
harmless and defend the Company from the payment of any sum or sums of money to
any person whomsoever (including third persons, subcontractors, the Undersigned, the
Company and agents and employees of them) on a(.count of claims or suits growing
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REEL 641 PAGE 50
out of injuries to persons (including death) or damage to property (including property of
the Company) in any way attributable to or arising out of the use of said easement of
way by the Undersigned as herein provided regardless of whether same results from
the claimed or actual, sole or joint, negligence of the Undersigned (its agents,
employees, contractors) or the Company (its agents, employees, contractors) or any
combination of these 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 injuries
are claimed have been caused solely by willfulness of gross negligence on the part of
the Company, its agents or employees, unmixed even with slight negligence on the part
of the Undersigned, its agents, employees or contractors. The phrase "willfulness or
gross negligence" shall not be deemed to include the absence of any warning by the
Company as to the danger of their facilities, the absence of insulation on its facilities, or
the failure to rearrange its facilities.
6. The terms of this Encroachment Agreement shall be for 10 years,
automatically renewable for successive one year periods annually thereafter, unless
terminated at any time by either of the parties hereto.
Signed, sealed and delivered BELLSOUTH TELECOMMUNICATIONS, INC,
inlh~L4 By: d~d ()
Qs /
" ".rlJJo.WA/ ~ Tille: $n.lMI< VtCE J)E5IJJENT
" - ~',1' pN.6tary Public
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....~-.~...;:'~'~<,.~~ 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 returned this agreement on or before the
,~ day of IIf.Y::'; I ,19~, this agreement shall become void and no use of the
easement as herein provided for shall be made,
By:
Dated this 'I ' day of
'\1""1. I :
Title:
Attest:
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REEL 641 PAGE 51
ATTACHMENT I
LIOAL DESCRIPTION
PQP2t'UAL EASEMENT
All that lot or parcel of land 8itQate end lying in the Seth
Georgia Militia District or Richmond County, Georgia, oontaininq
.00 ~ aq. ft. an4 being turther 4.acr1bed to wit;
88ginnln9 at a point on the eXi8ting, eastern right-ot-way 11.its
of Barton Chapel Road, said point beinq 25.18 feet ri9ht of St~tlon
53+99.01; thence, northea.t along a stra1~ht line for a distance of
JO.77 teet, sa1d point ~e1nq 36.86 feet right of station 54+29.78;
thence, south along a straight line for a distance ot 34.52 feet,
said point beinq 36.86 teet right of Station 5J+95.~6; thence,
northvest along a 8traight line for a distance ot 11.68 feet back
to the point ot the beginnin;1 all a8 shown on a plat attached
hereto as Exhibit IIA" and incorporated herein by retorQnce.
TBHPORARY CONSTRUCTION EASEMENT
8eqinninq at a point on th. required riqht-ot-way linits at Berton
Chapel Road, said point b_lnq 36.86 t.at right ot station 53+95.26;
thence north alonq a atr~1ght line for a distance of 34.52 feet to
a point, said point beth; 36.86 feet ri9ht of Station 54+29.78;
thenc., no~theas~ alonq a 8t~ai9ht 11n. tor a distance of 16.13
teet to a point, said point be1.nq 42.99 teet right ot' Station
54+45.91; thence, southQaat along a ~t~aiqht line for a distance of
10.25 faet to a point, said point beinq 53.24 feet right of Station
54+4~.62i thenoe, .o~thwe.t a10n9 a straight lin8 for a distance of
22.22 feet to . point, &ai4 point being 44.00 teet r1ght of Station
54+20.40; th_nce, south alonq a atraight line tor a distance of
21.44 feet ~o . point, .aid point being 44.00 foot right of Station
53+92.96; thence, northwe.t alonq a straight line tor a distance of
7.14 tQet back to the point of beqinninq.
said temporary oonstruction easement to e~pire upon completion and
final acceptance of the Sarton Chapel Widening Project.
RICHMOND COUNTYIGA SUPERIOR COURT
FILED 26 APR 1999 AT 04:35PM
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