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HomeMy Public PortalAbout2015_11_23_R137 Easement for Washington Gas Light The Town of Leesburg PRESENTED November 23, 2015 Virginia RESOLUTION NO. 2015-137 ADOPTED November 23, 2015 A RESOLUTION: AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO WASHINGTON GAS LIGHT COMPANY FOR A GAS LINE ON TOWN PROPERTY TO SERVE THE UTILITIES WASTE WATER TREATMENT FACILITIES PROPERTY WHEREAS, Washington Gas Light Company has requested an easement for a gas line on Town property for natural gas service to the Utilities waste water treatment facilities property located at 1385 East Market Street; and WHEREAS, Town staff recommends that the easement be granted to Washington Gas Light Company for the same; and WHEREAS,the easement, if granted to Washington Gas Light Company by the Town, will not be a detriment to Town owned property, and will provide improved natural gas service to the Utilities waste water treatment facilities property. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the Mayor is authorized to execute the Washington Gas Light Company easement on a form approved by the Town Attorney for a gas line on Town property to serve the Utilities waste water treatment facilities property located at 1385 East Market Street. PASSED this 23rd day of November, 2015. Knsteri C. Umstattd, Mayor r Town of Leesburg ACTT : • Clerk of Counsel P:\Resolutions\2015\1123 Easement for Washington Gas Light Company.doc co) Washington Gas EASEMENT THIS EASEMENT made and entered into thisday of 1iVem ?' 2015 , by and between The Town of Leesburg , executors, administrators, legal representatives, successors and assigns (hereinafter called "Owner" or "Owners") and WASHINGTON GAS LIGHT COMPANY, a corporation, its successors and assigns (hereinafter called the "Company"). WITNESSETH: That for and in consideration of the sum of One Dollar($1.00)cash in hand paid, and other good and valuable considerations, the receipt of which is hereby acknowledged,the Owner does hereby grant and convey to the Company, its successors and assigns, an exclusive easement and right of way("Easement") 5 feet in width with a term of 40 years,for the purposes of laying, constructing, maintaining,operating, removing, replacing, altering, extending, repairing, and increasing or decreasing in size a gas pipeline or pipelines, service pipes, valves, regulators and accessory equipment ("Equipment"),as well as wire or fiber optic communication cable, in through and across its property described and recorded by deed dated September 4, 2002 from a Deed of Boundary Line Adjustment ,to Owner, and recorded in Deed Book 2258 , Page 2176 of the land records of Loudoun County In the State of Virginia , the gas pipeline to be installed along a line as described on Drawing No. BCA-240100-10 , attached hereto and made a part hereof. GPIN / Parcel ID /Tax Map No: PIN: 149-35-8258-000 Tax Map#/49////////22A Washington Gas Light Company BCA# 240100 OECS— Construction Planning WR# 1834789 Survey and Land Rights Division QUAD MAP# BW030NW 6801 Industrial Road Springfield, VA 22151 0 Washington Gas The Easement is subject to the following conditions: 1. The Equipment shall be and remain the property of the Company. 2. The Company and its agents shall have full and free use of the Easement for the purposes named, including the right of access to and from the Easement;and, in addition,the Company shall have the right during the period of original construction of the Equipment, to use additional space, as needed, for construction use only. 3. The gas pipeline and service pipes shall be installed below cultivation and regulators and accessory equipment may be above the surface and the Owner reserves the right to construct and maintain private roadways and fences over the Easement without restricting the Company access to the easement and to make any use of the Easement herein granted not inconsistent with the rights herein conveyed to the Company or with the use of the Easement by the Company for the purposes named. Uses inconsistent with the easement include, but are not limited to, the erection of any building or other structure within the Easement, the making of a fill or an excavation on the Easement, or the inundation of the Easement,without written approval of the Company. 4. The Company shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in the Easement deemed by the Company to interfere with the proper and efficient use of the Easement for the purposes named; provided, however,the Company at its own expense shall restore, as nearly as possible,the property to its original condition, including the back filling of trenches, the replacement of fences, and the reseeding of lawns or pasture areas, but not the replacement of structures, trees, or other obstructions. -2- 0 Washington Gas 5. The Owner warrants generally said Easement and will execute such further assurances thereof as the Company may request. 6. The Company shall pay the Owner actual damages that may arise from the original construction, maintenance, replacement, operation and removal of said Equipment. *NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right 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 the following signature(s): TOWN OF LEESBURG, VIRGINIA A muni ..al corpo atio By: `w1► Name: I( E-Al . —TATW Title: M°\qoiZ COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN 2�"� The foregoing instrument was acknowledged before me the Uc day of NCYernbe'r , 2015 by Pris-1�n C. �1rr�S+� � , who is the /I k��Y on behalf of the Town. 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