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Home My WebLink AboutINDEMNITY AND ENCROACHMENT AGREEMENT BY LINDA E STOUT , . � , . �. �, � : " r i Book 01329:1095 Augusta - Richmond County 2012000709 01/10/2012 12:0031.00 $0.00 AGREEMENT � I II!!IIlIIII IIII!!lIII IIlII IlIII IIIII III!!!IlII IIIA!!II!!II 2012000709 Augusta - Richmond County AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street � AUGUSTA, GA 30901-4415 KEC STATE OF GEORGIA COUNTY OF RICHMOND iNDEMrTITY AND ENCROACHMENT AGREEMENT This Indemnity and Encroachment Agreement entered into this ,� v day of �}�, 2011, by Linda E. Stout, 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 (her�inafter called "Augusta"); WITNESSETH: For and in consideration of Augusta's grant af permission for the allowing applicant to construct a removable fence (wooden, chain link, PVC, plastic) within the easement of, and across the pipeline of, its water main pipelit�e, a part of the 18" raw water main, {hereinafter called the "encroachment"), which said water main does cross applicant's property and is situated within a 20-foot easement running along the southern boundary of the applicant's property (which address is 3272 Summerchase Circle, PIN 042-4167-00-0, located 3n the Summerchase Subdivision, Section III-A), as shown in a plat prepared for Linda E. Stout and Grace R. Stout, dated July 3 i, 1995, ancl recorded in the Realty Records section of fhe Office of the Clerk of the Superior Court of R.ichmond County, Georgia, in Realty Ree1497, Page 490, to which reference is hereby rnade for more accurate information 4f said property, its exact location, dimensions, metes and bounds. The Applicant does agree that no permanent fencing, such as brick, block, concrete, or any other material that is not removable, or would hinder Augusfia's ingress/egress to the easement, or its abiIity to carry out the rights reserved unto it, shaIl be allowed an the easement: ` For the protection of the water main being damaged by the setting of the posts, Applicant daes agree to contact Bobby Dudley (706-564-4626), at teast three (3) business days prior to the fence being installed, so that the water rnain can be located, 1 �; ° Book 01329:1096 Augusta - Richmond County ''�` ` � 2012000709 01/10/2012 12:OQ:31.00 ., . 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 �ood 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 a11 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 destXuction of, the encroachtnent and hereby releases Augusta from any and all claims for damages to the encroachment as a result of such work by Augusta. 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 the easernent. Applicant also agrees that absolutely no permanent structure shall be erected witlun the easement area. This Agreement in no way releases any interest and rights that Augusta has in, and too, the 20-foot easement located on Applicant's property. This Agreennent shall be deemed a covenant running with the land and shall be binding upon the Applicant's heirs, 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 rnay be, causing their respective seals to be affixed hereto the day and year first above written. � APPLICANT: �'--_ , � ; - ( —d V� iMess Linda E. Stout � Notary Pu��ic, Stat of G My Cnmmission Expires �' �v •��5 � R. MYa's NOTARY PIJBLiC 2 � t�ok�rr�b�'CouH�►� tiE�lA . . � ! � .' ' Book 01329:1097 Augusta - Richmond County ' � ' * 2012000709 01 /10/2012 12:00:31.00 AUGUSTA, GEORGIA C��a�-- - Witness �� Deke Copenhaver �� As Its ayor � �C2u� Notary •�a�e /fp 1 ` Attest ivt co �,�,�� t I� /� y �"� _ � — { �.��,� _� ; � AvB`,i = � % � ��'w�,�� , � �� a�.eose °1 � o c� � I + ti 0 t �- G> �,• e, � �.�° ��,° e . ��I ��N�' �� ° �� ,,�� O`:�``� � � � ,� ° � � �' � �, � �� k , ��: � � � . �� e: � 3 F �i8, I � ,�.� � u _�. � r 6�, f ` ' , S G . C < ^ -.,, `.-:✓ � a� � � ' �� . �� , �" r � �i\e�ib`. «- � � Filed in this office: Augusta - Richmond County 01 /10/2012 12: p0:31. 00 3 Elaine C. Johnson Clerk of Superior Court