HomeMy WebLinkAboutRight of Entry for Ga. Power Company
Augusta Richmond GA
DOCUMENT NAME: R,,:>wr ~t;(lI TR-Y fOil- G-A, POto:)EIZ.CO "" f'{\(\J;
DOCUMENT TYPE: A ') ((.:ra~_(Y) fZ.. oJT
YEAR: 1 q9 ~
BOX NUMBER: /
FILE NUMBER: I Y 1 3 J
NUMBER OF PAGES: 3
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RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (hereinafter "Agreement") is made and
entered into this ~ day of.11I#;€~J.ll999 by AUGUSTA, GEORGIA, a political subdivision
of the State of Georgia (hereinafter together with its successors and assigns called "AUGUSTA")
and GEORGIA POWER COMPANY, a Georgia corporation (hereinafter together with its
successors and assigns called "GPC").
WHEREAS, Pursuant to the Georgia Hazardous Site Response Act, O.c.G.A. 9 12-8-90,
et seq., the Georgia Environmental Protection Division (EPD) has required GPC to undertake
certain remedial activities in connection with the Augusta 15th Street Substation, Hazardous Site
Inventory #10117; and
WHEREAS, AUGUSTA owns property located near or adjacent to the Augusta 15th
Street Substation on which GPC is required by EPD to conduct certain remedial activities;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set
forth herein, and in order to expedite the remediation of the property pursuant to GPC' s HSRA
Compliance Status Report ("CSR") and Corrective Action Plan ("CAP") (the "Work"),
AUGUST A and GPC do hereby enter into this Agreement upon the following terms and
conditions:
1. AUGUST A hereby grants to GPC the right to enter upon the property described on the
attached Exhibit "A" (the "Property") for the purpose of performing the Work as set forth
in GPC's HSRA CSR and CAP. The Work includes, but is not limited to, soil remediation
for lead, arsenic, benzo (a) pyrene and PCBs, and will include clean-up and stabilization of
the embankment on the third level canal. GPC's right to enter onto the Property to
conduct the Work shall be effective for six months from the effective date of this
Agreement.
2. This Agreement includes the right of ingress and egress over the Property, provided that
such ingress and egress is necessary and related to the Work.
3. GPC shall be solely responsible for and shall pay all costs and expenses in connection with
the Work, and all costs and expenses arising out of or in any manner connected with
GPC's use of the Property or exercise of GPC's rights under this Agreement.
4. GPC does herewith indemnify and agree to hold AUGUST A, its elected officials, agents,
and employees, harmless against all claims and damages to persons or property resulting
from the negligence or willful misconduct of GPC, its agents, employees or workmen in
performing the Work on the Property.
5. All Work performed by or on behalf of GPC or pursuant to the rights herein granted shall
be performed in a good and workmanlike manner, in accordance with all applicable
statutes, codes, rules, regulations and ordinances.
6. All tools, equipment and other property taken upon or placed upon the Property by GPC
shall remain the property of GPC and be removed by GPC prior to the expiration of this
Agreement.
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7. This Agreement shall be interpreted in accordance with the laws of the State of Georgia.
8. The rights herein granted to GPC shall cease and terminate upon the completion of the
Work by GPc.
9. This Agreement may be executed in one or more counterparts, and by different parties
hereto in separate counterparts, each of which when executed shall be deemed to be an
original but all of which when taken together shall constitute one and the same agreement.
10. This Agreement shall be binding upon and inure to the benefit of AUGUSTA and GPC,
and their respective heirs, executors, personal representatives, mortgagees, successors,
successors-in-title and assigns.
11. All claims, disputes and other matters in question between AUGUST A and GPC arising
out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond, Georgia. GPC by executing this Agreement, specifically consents to
venue in Richmond County and waives any right to contest venue in the Superior Court of
Richmond County.
12. Each signatory hereto represents and warrants that it has the authority to enter into and
perform this Agreement.
IN WITNESS WHEREOF, AUGUSTA and GPC have caused this Agreement to be executed by
their duly authorized representatives as of the date set forth above.
BY:
ATTEST:
GEORGIA POWER COMPANY
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EXHIBIT" A"
Property Description
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 87th G.M.D. of
Richmond County, Georgia, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the point having Georgia Grid
Coordinates [East Zone] of: N - 1,263,223.61084 & E - 713,194.38195; thence run North 80
degrees 59 minutes 54 seconds West a distance of2,602.27 feet to a rebar found located on the
northwesterly right of way line of 15th Street (a right of way of varying widths); thence run North
41 degrees 59 minutes 44 seconds East along said northwesterly right of way line a distance of
250.50 feet to a rebar found; thence leave said northwesterly right of way line and run North 30
degrees 29 minutes 28 seconds West along the westerly right of way line of the C. & W. C.
Railroad (a thirty foot right of way) a distance of 115.60 feet to a rebar found; thence run North
18 degrees 55 minutes 02 seconds West along said westerly right of way line a distance of 99.77
feet to a rebar found; thence run North 10 degrees 45 minutes 00 seconds West along said
westerly right of way line a distance of 99.99 feet to a rebar found; thence run North 09 degrees
09 minutes 46 seconds West along said westerly right of way line a distance of63.73 feet to a
point, which point marks the TRUE POINT OF BEGINNING. FROM THE TRUE POINT OF
BEGINNING AS THUS ESTABLISHED, thence running North 09 degrees 08 minutes 31
seconds West along said westerly right of way line a distance of243.70 feet to a point; thence
running North 71 degrees 07 minutes 35 seconds West a distance of82.82 feet to a point; thence
running South 88 degrees 28 minutes 31 seconds West a distance of 111.05 feet to a point; thence
running South 72 degrees 47 minutes 35 seconds West a distance of 168.94 feet to a point; thence
running South 67 degrees 11 minutes 45 seconds West a distance of79.27 feet to a point; thence
running South 68 degrees 20 minutes 06 seconds East a distance of 149.63 feet to a point located
at the top of a canal ("Point A"); thence running easterly, southeasterly and southerly along the
boundary of property now or formerly owned by Georgia Power Company along the top of the
canal and following the curvature thereof to Point B, Point B being located the following courses
and distances from Point A: North 71 degrees 33 minutes 22 seconds East a distance of 96.45
feet; North 75 degrees 14 minutes 24 seconds East a distance of35.04 feet; South 85 degrees 01
minutes 27 seconds East a distance of 41. 00 feet; South 68 degrees 08 minutes 23 seconds East a
distance of34.24 feet; South 29 degrees 26 minutes 53 seconds East a distance of 88.40 feet;
South 62 degrees 26 minutes 48 seconds East a distance of 14.44 feet; North 65 degrees 55
minutes 05 seconds East a distance of23.74 feet to a point, which point is "Point B"; thence
running South 10 degrees 31 minutes 36 seconds West a distance of 55.67 feet to a point; thence
running South 68 degrees 20 minutes 06 seconds East a distance of 62.1 0 feet to a point, which
point is the TRUE POINT OF BEGINNING; being Tract "B" and Tract "C", containing 1.08
acres, more or less, all as shown on Survey for Georgia Power Co., Atlanta, Ga Land
Department, prepared by W.R. Toole Engineers, Inc., dated October 7, 1997,. Last revised
December 1, 1997, and certified by Steven M. Hardy, Georgia Registered Surveyor No. 2662.
gpc-property description.doc