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HomeMy Public PortalAbout2012_01_10_R005 License Agreement with Shirley PearsonThe Town of Leesburg, Virginia RESOLUTION NO. 2012 -005 PRESENTED January 10, 2012 ADOPTED January 10, 2012 A RESOLUTION: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE TOWN AND SHIRLEY PEARSON FOR TOWN -OWNED PROPERTYAS PART OF THE DOWNTOWN IMPROVEMENT PROJECT WHEREAS, as part of the Downtown Improvement Project ( "DIP "), the alley and walkways adjacent to the Town Hall Parking Garage are scheduled for improvement and renovation; and WHEREAS, in order to protect the health, welfare and safety of pedestrians using the southernmost walkway called " Pearson's Walk ", it is necessary to ensure that no motor vehicle traffic cross Pearson's Walk; and WHEREAS, Shirley Pearson ( "Pearson ") is the owner of parking areas adjacent to Pearson's Walk as well as a reservation preserved in a perpetual easement and right of way for pedestrian and vehicle traffic over and across Pearson's Walk contained in the Deed wherein she conveyed Pearson's Walk to the Town; and WHEREAS, Pearson has agreed to extinguish her perpetual easement and her rights to cross Pearson's Walk by motor vehicles by executing an "Assignment of All Right, Title, Interest, and Use" to the Town; and WHEREAS, in exchange for this Assignment and her relinquishment of property rights, the Town has offered Pearson four (4) parking spaces in the Town Hall Parking Garage; and WHEREAS, in order to effectuate her use of these parking spaces, a License Agreement for a term of forty (40) years is appropriate under the Virginia State Code, § 15.2 -2100. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the License Agreement between the Town and Shirley Pearson regarding the license of four (4) parking Ira A RESOLUTION: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE TOWN AND SHIRLEY PEARSON FOR TOWN -OWNED PROPERTYAS PART OF THE DOWNTOWN IMPROVEMENT PROJECT spaces in the Town Hall Parking Garage is hereby approved and that the Town Manager is authorized to execute the License Agreement on behalf of the Town. PASSED this 10'' day of January, 2012. �x isteAt. Jmstattd, Mayor Town of Leesburg ATTEST: Clerk of Co c' P:\Resolutions\2012 \0110 License Agreement between Town and Pearson.doc LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "License "), is made this day of , 2011, by and between the TOWN OF LEESBURG, VIRGINIA, a municipal corporation, its successors and assigns (hereinafter referred to as "Town "), and SHIRLEY V. PEARSON and her respective permitted heirs, successors and assigns (hereinafter referred to as "Licensee "). "Successors" shall include any future owner of the Property. The Town and Licensee shall be referred to collectively as the "Parties ". RECITALS WHEREAS, Licensee is the owner and proprietor of certain real property PINS 231 -38 -1158, 231 -38 -0964 and 231 -38 -0759, (collectively referred to as the "Property ") situate in the Town of Leesburg, County of Loudoun, Virginia; WHEREAS, Licensee acquired the Property by deeds recorded among the Land Records of Loudoun County, Virginia in Deed Book 568 Page 349 and Deed Book 825 Page 487 (PIN 231 -38- 1158), Deed Book 635 Page 339 (PIN 231 -38 -0759) and Deed Book 1088 Page 1060 (PIN 231 -38- 0964); and WHEREAS, at the time of the execution of this License, the Leesburg Town Council has appropriated funds for a capital improvement project aimed at revitalizing the downtown area of Leesburg called the "Downtown Improvement Project" (hereinafter referred to as the "DIP "); and WHEREAS, as part of the DIP, the alley called " Pearson's Walk" or " Pearson's Walkway" (hereinafter referred to as " Pearson's Walk ") and the surrounding parking areas to the west of King Street and adjacent to the east side of the Town Hall Parking Garage are planned for renovation and improvement by the Town, it's agents, contractors and subcontractors; and WHEREAS, as a result of the planned renovation and improvements to Pearson's Walk, motor vehicles must be prohibited from using or crossing Pearson's Walk to ensure the health, safety and welfare of pedestrians using Pearson's Walk; and WHEREAS, the Licensee desires to assist the Town in prohibiting the use and crossing of Pearson's Walk by motor vehicles, and therefore, simultaneously with the execution of this License, the Licensee agrees to execute an "Assignment of All Right, Title, Interest and Use" (hereinafter referred to as the "Assignment ") wherein the Licensee agrees to assign all her right, title, interest and use to, inter alia, a Reservation described in Paragraph 4 of a Deed of Gift dated March 17, 1980, and recorded at Deed Book 756 Page 639 among the Land Records of Loudoun County, Virginia, which Reservation preserved a perpetual easement and right -of -way for pedestrian and vehicular traffic over and across Pearson's Walk; and WHEREAS, as a result of the execution of the Assignment, vehicular traffic will be prevented from crossing or using Pearson's Walk; and WHEREAS, in order to further assist the Town in preventing the crossing or use of Pearson's Walk by motor vehicles, Licensee agrees to relinquish her use of parking areas which would cross or use the western 42.10 feet of Pearson's Walk and which right of use was assigned in the Assignment executed simultaneously with this License; and WHEREAS, in exchange for the Licensee's agreement to relinquish her right to use the parking areas and in exchange for the execution of the Assignment, the Town desires to grant the Licensee a License for the use of four (4) parking spaces within the Town Parking Facility as defined in the Leesburg Town Code § 32 -200 et seq., and referred to as the "Downtown Parking Garage ", hereinafter described as the "Licensed Area ". WITNESSETH NOW, THEREFORE, in consideration of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town does hereby grant and convey a License to the Licensee to park in the Downtown Parking Garage, as more specifically set forth below: 1. The Licensee agrees to relinquish all rights to use the parking areas accessed by crossing or using Pearson's Walk in order to prevent motor vehicles from crossing or using Pearson's Walk. 2. The Licensee agrees to execute an "Assignment of All Right, Title, Interest and Use" relinquishing Licensee's right to a perpetual easement and right -of -way for pedestrian and vehicular traffic over and across Pearson's Walk. 3. As part of and during the course of the DIP, the Town will re -pave and re -stripe the parking areas on the Property to allow for the parking of motor vehicles as shown on Civil Plan Sheet, Sheet # C -104 and C -105 of the "Leesburg Downtown Improvements Alley Walkways" dated May 6, 2011. The Licensor reserves the right to reconfigure the parking areas depicted on the Civil Plan Sheets, but shall not obstruct Licensee's access to the property located to the west of PIN 231-38-1965; 4. The Town agrees to allow the Licensee the use of four (4) parking spaces within the Downtown Parking Garage. These spaces shall be parking spaces 212, 213, 214, and 215. 2 5. The term of this License shall be for forty (40) years from the date of the execution of this License, in accordance with Code of Virginia of 1950, as amended, Section 15.2 -2100. 6. If Licensee desires to extend this License beyond the forty (40) year term, Licensee is required to provide written notice to Licensor of Licensee's desire to extend within six (6) months of the expiration of the license period, If Licensee does not provide said written notice, this License shall expire at the end of the license term. 7. In the event Licensor does not renew for an additional forty (40) year term, the Town shall compensate the Licensee for the loss of the right to park in areas which are accessed by crossing or using Pearson's Walk. Said compensation shall ensure that the Licensee receives the fair market value of the loss of the right to park in areas accessed by Pearson's Walk. 8. The Licensee and her tenants shall abide by all rules, regulations and restrictions posted in the Downtown Parking Garage, the Leesburg Town Code, as well as "Town Hall Parking Garage Reserved Space Rental Agreement ", a copy of which is attached hereto as "Exhibit A" and incorporated herein by reference. 9. This License is subject to Town Council approval, and if approved, shall authorize the Town Manager to execute the License on behalf of the Town. 10. This License shall terminate and become null and void if the Town Council decides to rescind or otherwise modify its decision to appropriate funds for the DIP. 11. This License shall become null and void if the Downtown Parking Garage is no longer used as a parking garage. If a replacement town parking facility is constructed, the Licensee shall be assigned four (4) parking spaces in the replacement town parking facility. If no replacement town parking facility is constructed, the Town shall compensate the Licensee as provided in paragraph 7 above. 12. Licensee, her heirs, successors or assigns shall not use the Licensed Area for any illegal purpose. In the event the Licensed Area is utilized for any illegal purpose, this License Agreement may be terminated by the Town. 13. In the event of termination by the Town for the reasons set forth in paragraph 12, the Town shall give the Licensee thirty (30) days written notice of said termination. Upon failure of the Licensee to terminate its use of the Licensed Area, the Town shall cause the removal of any vehicles within the Licensed Area and all costs incurred by the Town shall be recoverable against the Licensee. 14. In the event the Property is subject to a condemnation action by the Town or other condemning authority, this License shall automatically terminate at the conclusion of the condemnation proceeding. 15. This License embodies the entire agreement between the Town and the Licensee. It is not to be modified or terminated except as provided herein or by a written agreement signed by the authorized representatives of the parties. If any provision herein is found to be invalid it shall be considered deleted from this License but shall not invalidate the remaining provisions of this License. 16. All notices by either party in regard to this License shall be in writing and sent to: For the Town: Town Manager Town of Leesburg, Virginia 25 W. Market St. Leesburg, Virginia 20176 For the Owner: Shirley V. Pearson PO Box 969 Leesburg, VA 20178 17. The parties agree that this License will be governed by the laws of the Commonwealth of Virginia, and shall be binding upon the parties and their respective successors and/or assigns which include any and all subsequent owners. 18. The parties agree that this License will be recorded in the Land Records of the Clerk's Office of the Loudoun County Circuit Court and that the recordation of this License Agreement shall be accomplished by the Town. 19. The parties agree that they are the duly authorized representative of their respective parties and are authorized to execute this License on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto for themselves and their successors and assigns have executed this License Agreement on the date and year written above. (SIGNATURE PAGES TO FOLLOW) 4 LICENSEE, SHIRLEY V. PEARSON B Date: 4" - COMMONWEALTH OF VIRGINIA COUNTY OF (C 4-1 to wit: 1, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that SHIRLEY V. PEARSON, whose name is signed to the foregoing License Agreement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this t. day of 2011, Christie Carson Adler Commonwealth of Virginia Notary Public Commission No 344983 my Commission Fxpires 01/2014 Notary Public My commission expires: 1 9 T— THE TOWN OF LEESBURG, VIRGINIA By (SEAL) Title )a c --J COMMONWEALTH OF VIRGINIA COUNTY OF to wit: 1, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that JOHN WELLS, Town Manager for the TOWN OF LEESBURG, VIRGINIA, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this —2 G day of -Jar) ",a rq, 2011. My commission expires: 3 IZ31 �01q / �1'4 Notary Publicu/ d 0 Mary a Frye Ccnjmonweall�- of Virginia Notary Public Gornrnlssjon No. 154087 3.3112014 r LEt J � lrNr�1. �♦ TOWN HALL PARKING GARAGE RESERVED SPACE RENTAL AGREEMENT Applicant herewith applies for month -to -month rental of a designated parking space in the basement of the Town of Leesburg parking garage, This application automatically becomes a contract between the applicant and the Town of Leesburg upon the Town's acceptance of the first monthly rental payment. Applicant agrees to abide by the conditions stated herein and as subsequently amended by written notice posted in the garage, mailed via certified letter to the applicant and /or posted on the applicant's vehicle. Violation of any of the conditions of this contract, or amendments thereof, shall at the option of the Town, terminate this agreement. Applicant's Information: Name: Daytime Phone: License Plate: Make /Model /Color: Employer (if responsible for payment): Billing Address: 1.• Assigned Parkins: Space: Your assigned parking space is # in the basement level. Parking in any other space is not allowed. If you park on the upper levels of the garage, you may be ticketed, Repeated offenses will result in termination of this contract, 2, Monthly Rent: Rent Is $60.00 per month, Rent Is billed on the first (1 ") of each month. Payments received after the 15th of the month will be subject to a 10% late fee. Payments may be mailed to: Town of Leesburg, P,Or Box 88, Leesburg, VA 20178 or delivered in person to the Finance Department at Town Hall, 25 West Market Street. Rent past due more than sixty (60) days will result in termination of your pass card and the applicant will be liable for all rent, penalties and collection fees. 3. Parking Hours: Applicant has exclusive use of the above parking space during the posted operational hours of the parking garage. At other times, the space Is available for general public parking. Vehicles remaining inside the garage outside of the posted hours do so at the owners' risk. a. Identification Decals: The town will provide a decal with your assigned parking space number that must be applied to the rear window on the driver's side. Decals are mandatory. If requested, a decal can be obtained for a second vehicle. 5. Cancellation of Contract: Applicant will provide the town with a minimum of 30 days written notice in order to cancel this contract, Failure to do so may result in additional rent, penalties and collection fees for which the applicant will be held liable. 6. Liability of Town: The town will not be responsible for damages to vehicles not caused by the town. The town assumes no responsibility for vehicles or items inside vehicles, 7. Accidents on Premises: If you are involved in an accident in the garage or if your vehicle is damaged while parked in the garage, you should report the accident to the parking garage attendant and to the Leesburg Police Department promptly, 8, Parking by Unauthorized Vehicles in Reserved Spaces, If your assigned space is occupied by an unauthorized vehicle, you should park on the second above - ground level of the garage and immediately report the unauthorized vehicle to the parking garage attendant or the Finance Department. 9, Pass cards: You will be Issued one (1) pass card. Allowing another vehicle to enter or exit the garage with your pass card is a breach of this contract and may result in termination of this agreement. Pass cards must be surrendered to the Finance Department upon termination of this contract. Failure to do so may result in a $10.00 charge and collection fees, Applicant's Signature: Date: For Finance Department Use Only Date Approved: Pass Card Approved By: Venzon W. 0. No.: 9A08911 jDowntownImpi+oY HantsAllenWaUtw s After Recording Mail To: VEFUZON VUWw M1A INC . 502 E. Piedmont 8t. Culpeper, VA 23701 TAX MAP PARCEL LD. NU 4&AA -1014 DB 125 lG 10[77 DEED OF EASEMENT ROW Tracking No: BC- 118175 -R Parcel No: Document Prepared: VERIZON vulan IA INC 502 E. Piedmont 8L Culpeper, Va 22701 THIS DEED � OF EASEMENT made this a day of _ .i�t¢tt)(� t - r x , by and between ._'76 �� V herein after called Grantor and VERIZQN VIRGINIA INC., a Virginia corpdration, its successors, assigns lessees and agents, herein after called Grantee. WITNESSETH: For and in consideration of One Dollar ($1.00) cash in hand paid unto Grantor and for other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys unto Grantee, its successors, assigns, lessees and agents, a perpetual non - exclusive easement and right of way (the "Easement ") to install, construct., operate, maintain, inspect, improve, relocate, alter, replace and remove a communication system consisting of such poles, fixtures, braces, guys, anchors, wires, cables, pole - mounted cabinets, buried cable, buried wires, vaults, conduits, manholes, handholes, and related above- ground facilities, including but not limited to, posts, terminals, location markers, cabinets, equipment housings and other appurtenances, as Grantee may from time to time require, upon, under, across and over Grantor's real property being located in the District of Town Of Leesburg, County of Loudoun. Commonwealth of Virginia more particularly identified as King Street 125- 1007 -WB825 -490- 568 -349 779 -464 C (the "Property") as shown and described on attachment identified as Exhibit "A ", numbered 1 of 1 , attached hereto and made a part hereof (the "Easement Area "). Said Easement is hereby granted and conveyed unto Grantee together with the following rights and covenants:: (i) Rights Grantee shall have the right of ingress and egress over, upon and across the Property, including Grantor's private roads, to and from the communications system and Easement, including the right to temporarily open and close fences, for the purposes of exercising the rights herein granted. Grantee shall have the right to trim, cut and remove trees, shrubbery, undergrowth and other obstructions within the Easement Area which interfere with or threaten the efficient and safe operation, construction or maintenance of it facilities or impedes the access thereto. The communications system constructed hereunder is and shall remain the property of the Grantee. Grantee shall have the right to inspect, rebuild, remove, repair, remove and relocate its communications system, or any part thereof, within the Easement Area; and may make such changes, alterations, substitutions, additions in and to or extensions of its facilities as it deems advisable without the prior consent of the Grantor. (ii) Covenants Grantor covenants that it is seized of the Property and has the right to convey the Easement, fights and privileges herein conveyed to Grantee and that Grantee shall have quiet and peaceable possession, use and enjoyment of the aforesaid Easement, rights and privileges hereby granted. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the fight to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. IN WITNESS WHEREOF, the following signature(s) and seal(s): By: (Insert Name of individual Person(s) COMMONWEALTHrOF VIRGINIA: County /City of to wit: 1, U h ri > "1(" 'AJ ( (y -- , a Notary Public in and for the jurisdiction aforesaid do � 1 hereby certify that � ). � i r�° C G-1 f as , of did personally appear before me and acknowledge the foregoing writing dated in the jurisdiction aforesaid this ' day of 4"� -r Notary Public �4 W � 4s }rr }p Christie 41tirSxt�el dc'iAi•., -._. r'r My Commission expires: r - ..'a% r�;; its commonwealth rsfu� t NOW ry Puk�Nc. Notary Registration Number: i. f x �rrr r. ,e Commission No, 344 ,9t, - y � MycomntissionExriresRrl,7: , 2_00miniow Right of Way Agreement THIS RIGHT OF WAY AGREEMENT, is made and entered into as of this f ?� day of 201', by and between SHIRLEY V. PEARSON ( "GRANTOR') and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation, doing business in Virginia as Dominion Virginia Power, with its principal office in Richmond, Virginia ( "GRANTEE "). WITNESSETH: 1. That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, GRANTOR grants and conveys unto GRANTEE, its successors and assigns, the perpetual right, privilege and non - exclusive easement over, under, through, upon and across the property described herein, for the purpose of transmitting and distributing electric power by one or more circuits; for its own internal telephone and other internal communication purposes directly related to or incidental to the generation, distribution, and transmission of electricity, including the wires and facilities of any other public service company in aid of or to effectuate such internal telephone or other internal communication purposes; and for lighting purposes; including but not limited to the right: 1.1 to lay, construct, operate and maintain one or more lines of underground conduits and cables including, without limitation, one or more lighting supports and lighting fixtures as GRANTEE may from time to time determine, and all wires, conduits, cables, transformers, transformer enclosures, concrete pads, manholes, hndholes, connection boxes, accessories and appurtenances desirable in connection therewith; the width of said non - exclusive easement shall extend five (5) feet in width across the lands of GRANTOR; and 1.2 to construct, operate and maintain a pole line including, without limitation, all wires, poles, attachments, ground connections one or more lighting supports and lighting fixtures as GRANTEE may from time to time deem advisable, equipment, accessories and appurtenances desirable in connection therewith, including the right to increase or decrease the number of wires; the width of said non - exclusive easement shall extend variable (as shown on attached plat Sheet I of 2) feet in width across the lands of GRANTOR. f Initials: This Document Prepared by Virginia Electric and Power Company and should be returned to: Dominion Virginia Power, 3072 Centreville Road Herndon VA 20171. (Page 1 of 5 Pages) DVPIDNo(s). 40 -11 -0114 Tax Map No. PIN #'s: 231 -38 -0759 & 231 -38 -0964 Form No. 72849W (Jan 2011) *Dominion Resources Services, Inc. Right of Way Agreement 2. The easement granted herein shall extend across the lands of GRANTOR situated in the Town of Leesburg; Virginia, as more fully described on Plat(s) Numbered 40 -11 -0114, attached to and made a part of this Right of Way Agreement; the location of the boundaries of said easement being shown in broken lines on said Plat(s), reference being made thereto for a more particular description thereof. 3. All facilities constructed hereunder, shall remain the property of GRANTEE. GRANTEE shall have the right to inspect, reconstruct, remove, repair, improve, relocate on the easement, and make such changes, alterations, substitutions, additions to or extensions of its facilities as GRANTEE may from time to time deem advisable. 4. GRANTEE shall have the right to keep the easement clear of all buildings, structures, trees, roots, undergrowth and other obstructions which would interfere with its exercise of the rights granted hereunder, including, without limitation, the right to trim, top, retrim, retop, cut and keep clear any trees or brush inside and outside the boundaries of the easement that may endanger the safe and proper operation of its facilities. All trees and limbs cut by GRANTEE shall remain the property of GRANTOR. 5. For the purpose of exercising the right granted herein, GRANTEE shall have the right of ingress to and egress from this easement over such private roads as may now or hereafter exist on the property of GRANTOR. The right, however, is reserved to GRANTOR to shift, relocate, close or abandon such private roads at any time. If there are no public or private roads reasonably convenient to the easement, GRANTEE shall have such right of ingress and egress over the lands of GRANTOR adjacent to the easement. GRANTEE shall exercise such rights in such manner as shall occasion the least practicable damage and inconvenience to GRANTOR, 6. GRANTEE shall repair damage to roads, fences, or other improvements (a) inside the boundaries of the easement (subject, however, to GRANTEE's rights set forth in Paragraph 4 of this Right of Way Agreement) and (b) outside the boundaries of the easement and shall repair or pay GRANTOR, at GRANTEE's option, for other damage done to GRANTOR's property inside the boundaries of the easement (subject, however, to GRANTEE's rights set forth in Paragraph 4 of this Right of Way Agreement) and outside the boundaries of the easement caused by GRANTEE in the process of the construction, inspection, and maintenance of GRANTEE's facilities, or in the exercise of its right of ingress and egress; provided GRANTOR gives written notice thereof to GRANTEE within sixty (60) days after such damage occurs. Initials: k41 (Page 2 of S Pages) WPIDNo(s). 40 -11 -0114 Fvrm No. 728483A2(Feb 2008) ® Dominion Resources Services, Inc, Right of Way Agreement 7. GRANTOR, its successors and assigns, may use the easement for any reasonable purpose not inconsistent with the rights hereby granted, provided such use does not interfere with GRANTEE's exercise of any of its rights hereunder. GRANTOR shall not have the right to construct any building, structure, or other above ground obstruction on the easement; provided, however, GRANTOR may construct on the easement fences, landscaping (subject, however, to GRANTEE' rights in Paragraph 4 of this Right of Way Agreement), paving, sidewalks, curbing, gutters, street signs, and below ground obstructions as long as said fences, landscaping, paving, sidewalks, curbing, gutters, street signs, and below ground obstructions do not interfere with GRANTEE' exercise of any of its rights granted hereunder. In the event such use does interfere with GRANTEES exercise of any of its rights granted hereunder, GRANTEE may, in its reasonable discretion, relocate such of its facilities as may be practicable to a new site designated by GRANTOR and acceptable to GRANTEE. In the event any such facilities are so relocated, GRANTOR shall reimburse GRANTEE for the cost thereof and convey to GRANTEE an equivalent easement at the new site. 8. GRANTEE'S right to assign or transfer its rights, privileges and easements, as granted herein, shall be strictly limited to the assignment or transfer of such rights, privileges and easements to any business which lawfully assumes any or all of GRANTEE'S obligations as a public service company or such other obligations as may be related to or incidental to GRANTEE'S stated business purpose as a public service company; and any such business to which such rights, privileges and easements may be assigned shall be bound by all of the terms, conditions and restrictions set forth herein. 9. If there is an Exhibit A attached hereto, then the easement granted hereby shall additionally be subject to all terms and conditions contained therein provided said Exhibit A is executed by GRANTOR contemporaneously herewith and is recorded with and as a part of this Right of Way Agreement, 10. Whenever the context of this Right of Way Agreement so requires, the singular number shall mean the plural and the plural the singular. Initials: "t (Page 3 of 5 Pages) DVPIDNo(s), 40 -I1 -0114 .Form No. 728493A3(Fab 2009) ® Dominion Resources Services. Inc. 2-vorniniow Right of Way Agreement 11. GRANTOR covenants that it is seised of and has the right to convey this easement and the rights and privileges granted hereunder; that GRANTEE shall have quiet and peaceable posseasion, use and enjoyment of the aforesaid easement, rights and privileges; and that GRANTOR shall execute such further assurances thereof aa may be reasonably required. NOTICE TO You are conveying rights huo public service corporation. Apub>ic service corporation may have the right hz obtain some or all oYthese rights through exercise of eminent domain. To the extent that any of the rights being are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do mo. You have the right to negotiate compensation for any rights that you are voluntarily conveying WITNESS the following signatures and seals: State of City/County of Coryio.ission No, )44981 '3 it T�-101250 The foregoing instrument was acknowledged before methis day of by SHIRLEY V. PEAR3[N (Name of Grantor(s) Signing) Notary Public (Print Name) !To-fai� Public (Signature) My Commission Expires: Virginia Notary Reg, No. (Page 4 of 5 Pages) cmPIDwv(s), 40-11-0114 Form No. 728531A(Fab 2008) 0 Domirfion Resources Services, Inc, 00rrr inion- EXHIBIT A Right of Way Agreement This Exhibit A shall be attached to and made a part of the RIGHT OF WAY AGREEMENT executed by the undersigned GRANTOR(s) on the day of , 2011. The following terms and conditions are incorporated therein: 1. GRANTEE acknowledges that the easement area being conveyed (to cover both existing facilities and facilities to be relocated at the request of the Town of Leesburg) is partially within a private parking area. As such, GRANTEE shall not install any poles, down guys, anchors, pad mounted transformers, connection boxes, or other above ground facilities which would impede the flow of vehicular or pedestrian traffic through the parking area as now configured. Likewise, GRANTEE shall not install any of the said above ground facilities within any existing parking space or sidewalk. SHIRLEY V. 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