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HomeMy Public PortalAbout1990_08_08_R205I~esBurg in ~¥irgi~i~ RESOLUTION NO. A RESOLUTION: PRESENTED August 8, 1990 90-205 ADOPTED August 8, 1990 AUTHOI~WING THE GRANTING AND EXECUTION OF A DEED OF EASEMENT TO NORTHERN VIRGINIA ELECTRIC COOPERATIVE (NOVEC) FOR THE PURPOSE OF PROVIDING ELECTRICAL SERVICE TO THE LOCATJT~E.R AT LEESBURG MUNICIPAL AIRPORT WHEREAS, lo--lid, er equipment, designed to assist pilots in landing at Leesburg Mtmicipal Airport, bas been installed 1,000 feet south of the runway; and WHEREAS, NOVEC must cross appro~m-tely 130 feet of town property to provide electric power to the equipment; and WHEREAS, underground conduit will be installed for this purpose; and WHEREAS, NOVEC requires a perm.-ent easement agreement, a copy of which is attached, to msint~ir~ electric power to the lo~sli~er site: THEREFORE, RESOLVED by the Council of the Town of Leesburg in V'u2inia as follows: The town m.n.~o~r is hereby authorized to execute the attached easement granting Northern Vh'ginia Electric Cooperative access through town property to provide electric power to the Leesburg Municipal Airport localizer site. PASSED this 8th .day of Aq~fEST: Clerk of P~NOVEC_~IR August , 1990. Robert E. Sevila, Mayor Town of Leesburg THIS AGREEMENT, Made this __ Leesburq day of Sheet i of 2 ;19 90 , ~tw~nTownof of -- Lees_bu rq , Virginia hereinafter called "Owner" (the word "Owner" wherever used ~ere~t~ being intended to include the grantors whether one or more or masculine or feminine), and the NORTHERN VIRGINIA ELECTRIC COOPERATIVE, a Virginia corporation, hereinafter called "Cooperative". WITNESSETH: That for the sum of One Dollar ($1), and other valuable considerations, the receipt whereof,is laerebv acknowledged, O~gnei' ~'.ants unto Cooperative, its successors and assigns, the right, privilege and easement of right of way 1' 1 ~' teen feet in width to lay, construct, operate and maintain underground conduit and cable lines for transmitting and distributing electric power, including all wires, cable, handholes, manholes, transformers, transformer enclosures, concrete pads, connection boxes, ground connections, at- tachments, equipment, accessories and appurtenances desirableJn colallecliol~ ther_ex~ilh (hereinafter referred to as "facilities"), under, upon and across the lands of Owner, situated in LOUCIOUrl k, OUrlCy Virginia, as shown on Plat No. 2056 , hereto attached and made a part of this agreement; the location of the center line of said right of way being shown in broken lines on said plat and more specifically the center linc'of the easement being the same as the centerline of the facilities constructed thereon. The facilities erected hereunder shall remain the property of Cooperative. Cooperative shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations, substitutions and additions in and to its facilities as Cooperative may from time to time deem advisable, including the right to increase or decrease the number of conduits, wires, cables, handholes, manholes, connection boxes, transformers and transformer enclosures. Cooperative shall at all times have the right to keep the easement clear of all buildings, structures or other obstructions, trees, shrubbery, undergrowth and roots. All trees and limbs cut by Cooperative at any time shall remain the property of Owner. Owner, his successors and assigns, may use the land within the easement for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with or endanger the construction, operation or maintenance of Cooperative's facilities. For the purpose of constructing, inspecting, maintaining or operating its facilities, Cooperative shall have the right of in- gress to and egress from the easement over the lands of Owner adjacent to the easement and lying between public or private roads and the easement, such right to be exercised in such manner as shall occasion the least practicable damage and inconvenience to Owner. Owner covenants that he is seised of and has the fight to convey the said easement, rights and privileges; that Cooperative shall have quiet and peaceable possession, use and enjoyment of the aforesaid easement, rights and privileges, and that Owner shall ex- ecute such further assurances thereof as may be required. WITNESS the following signature and seal : (SEAL) (SEAL) STATE OF VIRGINIA To-wit: City aforesaid, County aforesaid. I .................................................................................. a Notary Public in and for the State of Virginia at Large. whose commission expires on the ................... day of .......................................................... 19 .................... do hereby certify that ......................................................................................................................................................... whose narne ............................ signed to thc foregoing writing dated the .............. day of ........................................... 19 ..................acknowledged the same before me in the ................................................... aforesaid this ................. day of ............................................................. '~6't¥~"ffd~¥.' ....... ST XTE O~: V!RCINIA To-wit: City aforesaid. County aforesaid, I .................................................................................. a Notary Public in and for the State of Virginia at Large, whose commission expires on the ................... day of .......................................................... 19 ....................do hereby certify that ......................................................................................................................................................... whose name ............................ signed to the foregoing writing dated the .............. day of ........................................... 19 ..................acknowledged the same before me in the ................................................... aforesaid this ................. day of MI)oS[ LDbGE l. E G F__ l\l ~ f-IFTEENI rOOT WIb[ [ASEI, ACI,4T [)ATEO -qtb , PLaT