The URL can be used to link to this page

Home My WebLink AboutMEAG ENCROACHMENT AGREEMENT (GOVERNMENTAL) LF- NUMBER 6-2271 APPLICATION NO 31318 LOCATION 1505 SUBJECT PEACH ORCHARD, GOSHEN 230KVt�, Doris Cool( �,,x�' illc" v6canned by • i 0%7034 301, r SUBJECT: Peach Orchard - Goshen 230kv kV Transmission Line Right - of-Way MEAG Encroachment Agmt - Govt (082509).130C Book 01335:0263 Augusta - Richmond County 2012014565 03/01120121 0: 5125 . 00 $18,00 AGREEMENT 1 I 1111aN II 2012014565 Augusta - Richmm►d County Municipal Electric Authority of Georgia ENCROACHMENT AGREEMENT (GOVERNMENTAL) L.F. Number. Application Number. Location Number: 6 31316 1505 The Municipal Electric Authority of Georgia hereinafter called "MEAG," hereby consents for City of Augusta hereinafter called the "Undersigned," to use an area within MEAG's subject electric transmission line right(s)-of-way described as follows: Said right(s)- of-way being 126 feet in width and extending in part through, 1434 District, of Richmond County, Georgia, on which MEAG has constructed and now maintains and operates one or more said electric transmission lines by virtue of certain easements heretofore acquired by MEAG. The said right(s)-of -way (is or are) shown on plat attached hereto and made a part hereof as Exhibit A. The use of the area by the Undersigned within said right(s)-of- way, pursuant to this consent, shall be limed to the won, operation, and maintenance of a parallel drainage ditch, drainage nlpe crossing easement at a 90 degree angle, drainage ditch crossing 60% of easement at the location and to the extent as shown on said attached plat. It is specifically understood that no buildings or other obstructions of any type will be permitted within or on subject transmission line right(s)- of-way. Special Stipulations: Jersey Barriers shall be placed around drainage ditch for protection and drainage pipe/ditch shall be covered located east of structure/pole #20. The plans and specifications as submitted by the Undersigned meet MEAG's approval provided the Undersigned conforms to the following terms and conditions: 1. The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by MEAG's right(s)-of- -way ki the event the Undersigned does not own the said lands and rights. 2. The Undersigned agrees to use said area within MEAG's right(s)-of way in such a manner as will not interfere with MEAG's activities and facilities as now or hereafter, exist thereon (hereinafter MEAGs "activities" and "facilities ") If it is determined, in MEAG's judgment, that the Undersigned's use of the property does in fact so interfere, the Undersigned shall take whatever action is, kr MEAG's judgment, necessary to remove such interference. If the Undersigned refuses or fails to take such action promptly, within a mutually agreed upon timeframe or within, 90 days if no agreement can be readied, MEAG may, at its option, remove such interference, and the Undersigned shall be liable for the costs of said removal. 3. The Undersigned agrees that the use of MEAG's right(s)-of -way as herein provided, shall in no way affect the validity of MEAG's easement(s) and shall in no way modify or restrict the use or rights of MEAG, its successors or assigns, in and to the area to be used. The Undersigned acknowledges MEAG's right and title to said easements) and the priority of MEAG's right of use and hereby agrees not to resist or assail said priority. 4. The use of said area within said right(s)-of -way by the Undersigned shall be at the sole risk and expense of the Undersigned, and MEAG is specifically relieved of any responsibility for damage to the facilities and property of Undersigned resulting or occurring from the use of said right(s)-of-way by MEAG as provided for herein. Undersigned covenants not to sue MEAG in that instance. 5. The Undersigned hereby agrees and covenants not to use and will prohibit agents, employees and contractors of Undersigned from using any tools, equipment or machinery within ten (10) feet of MEAG's overhead conductors. The Undersigned agrees to comply with Offidai Code of Georgia Section 46 -3-30 et seq., (HIGH- VOLTAGE SAFETY ACT), and any and all Rules and Regulations of the State of Georgia promulgated in connection therewith, all as now enacted or hereinafter amended; and further agrees to notify any contractor(s) that may be employed by the Undersigned to perform any of the work referred to in this Agreement of the existence of saki code sections and regulations by requiring said work to be performed in compliance with said code sections and regulations by including same as a requirement in Its request for bids and including said requirement in any contract let as a result of said bid. The Undersigned further agrees and covenants to wam all persons whom the Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductors are (a) electrical conductors, (b) energized, (c) uninsulated and (d) dangerous. 6. Notwithstanding anything to the contrary contained herein, the Undersigned agrees to reimburse MEAG for all cost and expense for any damage to MEAG's facilities resulting from the use by the Undersigned of said area within said right(s)- of-way. Also, the Undersigned agrees that if in the opinion of MEAG, it becomes necesstry, as a result of the exercise of the permission herein granted, th relocate, reanange, change or raise any of the MEAG's facilities. to promptly reimburse MEAG for all cost and expense involved in such relocation, rearrangement or raising of said facilities. 7. The Undersigned agrees to notify or have his contractor(s) notify MEAG's Representative inAuqusta , Georgia, Phone:706- 667 -5654, at least three (3) business days prior to actual construction on MEAG's right(s)-of-way. 8. The Undersigned agrees to indemnify and save harmless and defend MEAG from the payment of any sum or sums of money to any persons whomsoever (including third persons, subcontractors, the Undersigned, MEAG and agent and employees of them) on account of claims or suits growing out of injuries to persons (including death), or damage to property (including property of MEAG) in any way attributable to or arising out of the use of the above described lands, by the Undersegned as herein provided, including (but without limiting the generality of the foregoing) all liens, garnishments, attachments, daims, suits, judgments, costs, attomey's fees, cost of investigation and of defense and ex cepti ng only those situations where the personal injury or property damage claimed have been caused by reason of the sole negligence on the part of MEAG, its agents or employees. 9. RNV LANDSCAPING SPECIFICATIONS: RAN easements grant MEAG the right to remove all trees and brush from the limits of the right-of-way. However, MEAG will permit some planting of shrubbery and low growing trees provided these plants do not interfere with the access to and operation of MEAG's facilities and are planted at distance greater than twenty -five (25) feet from any structure or attachment thereto. A planted low growing tree is defined as a tree, which normally grows no more than fifteen (15) feet in height at maturity. 10. The Undersigned agrees that all construction activity shall be conducted at a distance greater than twenty -fire (25) feet from any structure or attachment thereto. 11. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors andlor assigns. The Undersigned hereby accepts the foregoing consent subject to the terms and conditions set forth above and in the event the Undersigned fails to perform as herein provided and shall not have executed and returned this Agreement on or before the3l of J?INLw &t.1 Z ®I L this Agreement shall become void and no use of MEAG's right(s)- of-way as herein provided for shall be made. IN WITNESS WHEREOF, this Agreement has been duly executed, this of N'``'' rut of i L , 20 I ( , .4Crl f <<a WITNESS NOT The Muni p G ° lo�vt only of Georgia has duly executed this Agreement, this 2 `f day of%fr < 20.127- MEAG Encroachment Agmt (081809) (2).DOC UNDERSIGNED r lit ToY o r 4u3 uj'fc9 cM TITLE /11 DATE Book 01335:0264 Augusta - Richmond County 2012014565 03/01/2012 10:51 :25.00 u244 EL • ). • � P3 e ,0•0000 0,1001, /-- BY • Ec \/ CE a ee:5; N i Mi1.51 , . .`^ TITLE cAri (- es 'Uv' `2B `2G l / DATE - VC f )-M ".1/4-) Z0Z Kra a3raa cot fir. -•-- �_. .— �� / • Z P sis �xaeo�J oy BOpaautaax i (ta[0£x `u A ao sow ravoce, tom any% . tunv "sug°f lvisitss-v 10 49 JERSEY BARRIER PROTECTIO\ Ce() -re -2kR�e EV-31316 City of Augusta Attn: Mr. Mark Johnson 4330 Deans Bridge Road Augusta, GA 30805 DumJon- Goshen 230kv (Peach Orchard -Bath 230kv) Map €N19 -2, Sheet 3 of 3 1434 GMD Richmond County Exhibit A to Encroachment Agreement for WAG Governmental Encroachment Agreement Sheet 3 i Filed in this office: Augusta - Richmond County 03/01/2012 10: 51:25.00 Elaine C. Johnson Clerk of Superior Court 126LF 24" HIE E 392.63 I\ lE 392.00 OUT CUT A \3 PATC ASPHALT PAV o0 o O o 0 W .p. cn 0 N CJ1 v O D W g a g N O_ M N3 O a (71 0 -� 0 0