HomeMy WebLinkAboutKATHERINE E SANDERS DICKSON ENCROACHMENT AGREEMENT
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Book 01163:0764 Augusta Richmond County
200800559502106/200816:41 :22.02
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2008005595 Augusta Richmond County
After recording, return to:'
Augusta Utilities Department
Attn: Land Acquisition
360 Bay Street, Suite 180
Augusta, GA 30901
(706) 312-4143
STATE OF GEORGIA
COUNTY OF RICHMOND
INDEMNITY AND ENCROACHMENT AGREEMENT
N Tpis_Indemnity and Encroachment Agreement entered into this ~9~
day of ~2007, by Katherine E. Sanders, n/k/a Katherine Sanders Dickson
(hereinafter called the "Applicant") in favor of Augusta, Georgia, a political
subdivision of the State of Georgia, acting by and through the Augusta-Richmond
County Commission (hereinafter "Augusta");
WITNESSETH:
For and in consideration of Augusta's grant of permission for the
allowing applicant to construct a concrete driveway within the easement of, and
across the pipeline of, its sanitary sewer pipeline, a part of the Rock Creek
Sanitary Sewer Trunk Line, (hereinafter called the "encroachment"), which said
sanitary sewer pipeline does cross applicant's property and is situated within
a 10-foot easement running along the northeastern boundary of the applicant's
property (which address is 944 Bluebird Road, PIN 020-1-062-00-0, located in
the Bedford Heights Subdivision), as shown in a plat prepared for the Dept. of
Public Works, dated June 14, 1953, and recorded with the Easement Deed in the
Realty Records section of the Office of the Clerk of the Superior Court of
Richmond County, Georgia, to which reference is hereby made for more accurate
information of said property, its exact location, dimensions, metes and bounds.
The Applicant shall and does agree to indemnify and save harmless
Augusta, its agents, officers, servants and employees from any and all
lawsuits, actions or claims of any character brought because of any injuries or
damage received or sustained by any person, persons or property arising out of
the construction and/or maintenance of the encroachment located as described
herein.
The Applicant shall and hereby agrees to maintain the encroachment
in good repair at the Applicant's sole expense and shall and does hereby
release Augusta from any claims arising out of the Applicant's failure to
maintain the encroachment.
Augusta reserves all rights, within the easement area, to
construct, lay, relay, install, extend, expand, add, operate, repair and
maintain pipelines transporting and carrying utility services, and for any
purpose deemed necessary by Augusta. Applicant does understand and agrees that
this may mean damage to, or the destruction of, the encroachment and hereby
releases Augusta from any and all claims for damages to the encroachment as a
result of such work by Augusta.
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Book 01163:0765 Augusta - Richmond County
2008005595 02/06/2008 16:41 :22.02
Augusta reserves the right to enter the area described in the
encroachment to perform any of the rights listed in this document. Augusta
shall notify Applicant prior to entering the encroachment, unless it is a case
of emergency.
Applicant does agree that no trees, or shrubbery, shall be planted
over the pipeline, or within 5 feet of both sides of the centerline of the
entirety of the sanitary sewer pipe that runs across applicant's property.
Applicant does agree that no vegetation that may interfere with the laying,
relaying, installing, extending, operating, repairing and maintaining of
pipelines transporting and carrying utility services, shall be planted over the
pipeline, or within 5 feet of both sides of the centerline of said pipeline.
Applicant also agrees that absolutely no permanent structure shall be erected
over the pipeline, or within 5 feet of both sides of the centerline of said
pipeline.
This Agreement in no way releases any interest and rights that
Augusta has in, and too, the lO-foot Easement.
This Agreement shall be deemed a covenant running with the land and
shall be binding upon the Applicant's successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, individually or through their authorized officers, agents or
attorneys-in-fact as the case may be, causing their respective seals to be
affixed hereto the day and year first above written.
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Ka herine E. Sanders
n/k/a Katherine Sanders Dickson
AUGUSTA,
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Filed in this office:
Augusta - Richmond County
02/06/200816:41 :22.02
Elaine C~Johnson
Clerk of Superior Court