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HomeMy WebLinkAboutOPTION FOR RIGHT OF WAY MARVIN GRIFFIN ROAD IMPGEORGIA, RICHMOND COUNTY Project Parcel 11 (Tax Map 134 , Parcel No. 002.) AUGUSTA, GEORGIA OPTION FOR RIGHT-OF-WAY Received of Augusta, Georgia, the sum of one ($1.00) dollar, the receipt whereof is hereby acknowledged, and in consideration of the benefits derived by me from the proposed project mentioned herein, I bind myself, my heirs, executors and assigns as follows: If the said Augusta, Georgia, shall within 60 days after date hereof, pay me the sum of $ 1,500.00, then the undersigned agrees to execute and deliver to Augusta, Georgia, fee simple title and easements to the land owned by the undersigned, which is shown reflected in color on the right-of-way map attached hereto and made a part hereof by reference, to be used for highway purposes on the MARVIN GRIFFIN ROAD IMPROVEMENT PROJECT, being Project Parcel 11, (Tax Map 134, Parcel(s) 002), consisting of 1,970 sq. ft in fee, more or less, and N/A sq. ft. of permanent construction and maintenance easement, more or less, and 1322 sq. ft. of temporary construction easement, more or less, on project MARVIN GRIFFIN ROAD IMPROVEMENT. ,•-•* ********"*.'"1"1",***4"1:•++SPECIAL , . • • • tk:::*** This option is subject to and hereby incorporates the attached "Exhibit A," entitled Compiled Right of Way Map for Augusta-Richmond County Commission, and the terms and conditions in the attached "Exhibit B," entitled Special Stipulations attached to option between Georgia Power Company ("GPC") and City of Augusta, Georgia ("City"). The said parcel of land as above indicated is shown upon plans on file in the office of Augusta Engineering, Augusta, Georgia, said plans being identified as the MARVIN GRIFFIN ROAD IMPROVEMENT PROJECT. 714 o Witness my hand and seal this day ot —citit4„6 ,20 1 Signed, Sealed and De ered GEORGIA POWER COMPANY in th nee of DATE (L.S.) Walter Didetinkte.ts.an (L.S.) Fk Laura L Palterem Accepte Secletar AUGUSTA, GEO GIA r. ppiritsci triusJ ogee f11 ssais2A EXHIBIT `B" SPECIAL STIPULATIONS ATTACHED TO OPTION BETWEEN GEORGIA POWER COMPANY ( "GPC ") AND CITY OF AUGUSTA, GEORGIA ( "CITY ") 1. In the event of any conflict between the terms and provisions of the Option to which these Special Stipulations are attached and the terms and provisions of these Special Stipulations, the terms and provisions of these Special Stipulations shall control for all purposes. 2. As a part of the option agreement: The City and GPC agree that the following clause will be included as a part of this option agreement and will be included in the right of way deed for the property acquired under this agreement. The clause will follow the fee simple property description of the required right of way and state: Less and except from the above conveyance, the party of the first part reserves for the benefit of itself, its successors, assigns and such others as party of the first party shall from time to time designate, the rights (the "Reserved Rights ") to use, obtain access to (as such access is defined on the attached R/W plans), operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve, upgrade, enhance, and add onto the overhead and underground electric transmission and distribution lines (including without limitation communications lines), poles, towers, frames, manholes, conduits, fixtures, appliances, protective wires, protective devices, anchors, guy wires, wires, cables, and equipment, located upon, over, across and under the herein above described tract or tracts of land. Provided, however that the future installation, operation and maintenance of such facilities shall be in accordance with the applicable terms and provisions of certain agreements and policies and standards as set forth in Agreement between the City and GCP, effective July 1, 1985, as the same may be modified, amended or replaced. 3. City agrees to restore or reconstruct, at City's sole cost and expense, GPC's facilities to their condition prior to City's entry upon the property accessways from GPC's facilities to the point of joinder with the paved road within the right of way and all grassed and graveled areas, and the existing culvert system damaged or destroyed or removed or otherwise affected by the entry upon the property by City, its agents, employees or contractors, or the exercise by or on behalf of City of City's rights under the quitclaim deed (including but not limited to any such damage or destruction caused by City's contractors). 4. City hereby agrees and covenants not to use, and will prohibit agents, employees and contractors of City from using, any tools, equipment or machinery within ten (10) feet of GPC's overhead conductors located on or in the vicinity of the Premises. City further agrees to notify any contractors that may be employed by City of the existence of the Official Code of Georgia Section 46 -3 -30 et seq. (HIGH VOLTAGE SAFETY ACT), and the Rules and Regulations of the State of Georgia Section 300 -3 -7.01 et seq., and to require that all work be performed in compliance with said code sections and regulations by including same as a requirement in any contract let as a result of said bid. 5. City shall not refuel equipment under any electrical conductors of GPC which are J located on, over or adjacent to the Premises. 6. The temporary construction easement shall be subject to the following additional terms and conditions: A. City (a) shall make reasonable efforts to use the temporary easement area and conduct its activities in such a manner as will not interfere with GPC's facilities, and (b) GPC and City shall make reasonable efforts to coordinate uninterrupted access to and from GPC's facilities. B. City shall be solely responsible for and shall pay all costs and expenses arising out or in any manner connected with the exercise of City's rights under the temporary construction easement. C. The use of the temporary easement area by City shall be at the sole risk and expense of City, and GPC is specifically relieved of any responsibility for damage to the facilities and property of City resulting or occurring from the use of the temporary easement area by City. The foregoing provisions of this grammatical paragraph shall not apply to damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole or apportionable negligence of GPC. D. City shall cause City's contractor to obtain Commercial General Liability Insurance insuring against any and all liability for injury to or death of a person or persons and for damage to property arising out of the condition, use, or occupancy of the temporary easement area pursuant hereto, or in any way occasioned by or arising out of the activities of City, its agents, contractors, employees, sublessees or invitees on the temporary easement area. The limits of such policy shall not be Less than $1,000,000 for each occurrence. Such insurance shall be endorsed to cover independent contractors and contractual liability. City shall obtain evidence of the insurance policy described in this paragraph, prior to entering on the temporary easement area for any purpose. All policies required hereunder shall contain an endorsement providing that the insurer will not cancel, non - renew or materially change the coverage of said policy or policies. E. The temporary construction easement and all rights of City in and to the temporary easement area shall cease and terminate twenty -four months following the execution of the Phase II construction agreement or upon execution of the release of the contractor's obligations by City, whichever shall later occur. 7. The parties agree that the City and GPC will perform all work under this agreement in accordance with the specifications set forth in Exhibit `B ", entitled Improvements to Marvin Griffin Road prepared for Augusta- Richmond County, Georgia, attached hereto and by reference made a part hereof. 8. The property and easements which are the subject of the Option are limited to the Property (as hereinafter defined) and do not include (i) the "Facilities" and (ii) the "Reserved Rights" (as those terms are hereinafter defined). "Premises" means the 2 fee and easement property shown on Exhibit "A" attached hereto and by reference made a part hereof. "Property" means the Premises less and except the Facilities and the Reserved Rights. "Facilities" means any and all personal property, fixtures and equipment constituting all or any portion of any existing transmission or distribution lines or communications lines of GPC or any affiliates of GPC, including without limitation lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables or equipment, or protective wires or devices, or communications lines, cables or equipment. "Reserved Rights" means the reservation by GPC (and GPC does hereby expressly reserve), unto itself, its successors and assigns, for the benefit of GPC, its successors, assigns and such others (such as but not limited to GPC's agents, contractors, subcontractors, licensees and permittees) as GPC shall from time to time designate, of the rights, interests and easements from time to time and at any time, upon, over, across and under the Premises (i) to construct, install, use, patrol, obtain access to, operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve, upgrade, enhance and add onto overhead and underground electric transmission and distribution lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective wires and devices, and communications lines, cables and equipment (including, without limitation, "Communications Facilities" as hereinafter defined); and (ii) to construct, install, use, patrol, obtain access to, operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve, upgrade, enhance and add onto additional transmission, distribution, and communications lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective wires and devices, including, without limitation, Communications Facilities [ "Communications Facilities" means (x) equipment, systems or facilities used for or in connection with communications by radio, including without limitation, microwave towers, mobile base radio towers, radio base repeater towers, telemeter transmitters, multiple address system radios or power line carrier equipment, and any permits, licenses or leases relating to any one or more of the foregoing, (y) equipment, systems or facilities used for or in connection with light wave communications over optical fibers, including without limitation, optical fibers, optronic or photo - optronic equipment, repeaters, junctions, splice enclosures or equipment for the conversion of light signals to or from radio or electronic signals, and (z) conduits, ducts, cables, lines, wires, fibers and other conductors (along with all necessary or convenient ancillary facilities, structures, appliances, devices, wires and other equipment) used or useful in the transmission, in any form, of writings, signs, signals, pictures, sounds, information, data or other similar content, and any permits, licenses or leases relating to any one or more of the foregoing].