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HomeMy WebLinkAboutKATHERINE E SANDERS DICKSON ENCROACHMENT AGREEMENT .,F( " Book 01163:0764 Augusta Richmond County 200800559502106/200816:41 :22.02 ~Ulifl~l\ U~~IIIImnl~I~ill\II IIIII IIIII IIII 1111 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. . . , . 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. ~l~ rr:~~i Ka herine E. Sanders n/k/a Katherine Sanders Dickson AUGUSTA, if g;~~~f{(ldzL 1 Wltness ',I, h ,j 0..7 ,/ , .::<~}; v... .... ..f ,t". ":'. . . J Q,4.rJ' .~Ll 7'/()D1~ .' " , }'Io;t<;ifY .Jt<;:.1 Stat.e: oNOOOy Public Coiumbia County Ge '~tE7'st;,:~" .(:~'''' i,::, '>.;~~ 'My~:.C;~,inm~")sr~ion, E('~P~T..e;s: i'My Commjs~ion Expir&s July 27, 2d~Qo: f '~i('~~~E,).:::t ~:.'~ , .:....' , ,/.",'..j !J L ", ,-,..,. ,:' '~. f:. \. ?~hj~,Li,~~~ "J ~ ~ t'.:.;.t'" ''/ ...... \, r~l,.. 4J" ~!; . .... \" !j:JJ FST. ~, - "II r t;1, .\. . r~ a~ \,"15 ._ J.<1 '". J f ~~qJ,.' '$\tO ~ . .,.-......., ~;o! J" ~ ~ 'i.~,I;10 ..0' "ft>. CI;'O'~':\.i'- ."""...~.. ,,~ (~T:t~.\~:;>.:~;:u::~~~::.;v Filed in this office: Augusta - Richmond County 02/06/200816:41 :22.02 Elaine C~Johnson Clerk of Superior Court