HomeMy Public PortalAbout2015_11_23_R140 Utility Easement to VEPCO and NOVEC Along Sycolin Road The Town of
Leesburg,
Virginia PRESENTED November 23, 2015
RESOLUTION NO. 2015-140 ADOPTED November 23, 2015
A RESOLUTION: AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO VIRGINIA
ELECTRIC AND POWER COMPANY AND TO NORTHERN VIRGINIA
ELECTRIC COOPERATIVE FOR A UTILITY EASEMENT ON TOWN
PROPERTY LOCATED ALONG SYCOLIN ROAD
WHEREAS,Virginia Electric and Power Company, operating as Dominion, has requested an
easement for the installation of a power pole on Town property along their existing overhead power
line facilities along Sycolin Road in the southeast quadrant of Town; and
WHEREAS, Town staff recommends that the Northern Virginia Electric Cooperative relocate
their street light facilities to this new power pole, vacating the prior utility easement granted to them for
installation of a street light on the property; and
WHEREAS, Town staff recommends that the easements be granted to Virginia Electric and
Power Company and Northern Virginia Electric Cooperative for the same; and
WHEREAS, the easements, if granted to Virginia Electric and Power Company and Northern
Virginia Electric Cooperative by the Town, will not be a detriment to Town owned property.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the
Mayor is authorized to execute the Virginia Electric and Power Company and to Northern Virginia
Electric Cooperative easements on a form approved by the Town Attorney for easements on Town
property located along Sycolin Road it the southeast quadrant of Town.
PASSED this 23rd day of November, 2015.
44 N
Kristen C. U stand, Mayor
Town of Leesburg
A1T
Clerk of Cd
P:\Resolutions\2015\ asements for Virginia Electric and Power Co and NOVEC.doc
'Dominion° Right of Way Agreement
T I IGHT OF WAX AGREEMENT,is made and entered into as of this 3e�day of
, 20J ,by and between
TOWN OF LEESBURG, VIRGINIA, a municipal corporation
("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 mutual covenants and agreements herein contained
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
1.2 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, according to attached plat,
variable) feet in width across the lands of GRANTOR.
Initials:
This Document Prepared by Virginia Electric and Power Company and should be returned to:
Dominion Virginia Power, 3072 Centreville Rd, Hemdon,VA 20171 .
(Page 1 of 5 Pages)
DVP I DNo(s). 40-15-0088
Tax Map No. 189-15-5207
Form No.728493-1(Sep 2015)
0 2015 Dominion Resources Services,Inc.
Right of Way Agreement
2. The easement granted herein shall extend across the lands of GRANTOR situated in
Town of Leesburg, Loudoun County, Virginia, as more fully described on Plat(s) Numbered
40-15-0088 , 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.Ali 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:
(Page 2 of 5 Pages)
DVPIDNo(s). 40-15-0088
Fam No,728493-2(Sap 2015)
02015 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's 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's exercise of any of its
rights granted hereunder. In the event such use does interfere with GRANTEE's exercise of any of its
rights granted hereunder, GRANTEE may, in its reasonable discretion, relocate such 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:
(Page 3 of 5 Pages)
DV PI DNo(s). 40-15-0088
Form No.728493-3(Sep 2015)
®2016 Dominion Resources Services,Inc.
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
possession, use and enjoyment of the aforesaid easement, right and privileges; and the
GRANTOR shall execute such further assurances thereof as may be reasonably required.
12. The individual executing this Right of Way Agreement on behalf of the GRANTOR warrants
that he or she has been duly authorized to execute this easement on behalf of the Town of
Leesburg,Virginia.
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 the 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,GRANTOR has caused its name to be signed hereto by its authorized
officer or agent, described below,on the date first above written.
TOWN OF LEESBURG,VIRGINIA
a municipal corporation
By:41:
Name: I Ai l '"� ,4T7 .0
Y+
Title: ' A}q�?...„,
State of V i r 1111 Q.
City/County of nu BOLL r)
The foregoing was acknowledged before me this 3� day of doifi n be.i , o/5
by KIK Sit Owl- Hd ,who is the !fa10Y on behalf of the Town
(Name of Person Signing) (Title of P on Signing)
of Leesburg,Virginia.
(7izrnv 1: Sm;(1h ditarn j AUi
Notary Public(Name) Notary Public(Signature)
My commission expires: 1/31/ave 61
Notary Registration number: 166a5I 5 ' Li- Wow F.Smith
i,•, ' " ` NOTARY PUBLIC
(Page 4 of 5 Pages) is of x I Com Rog. cr � aria
DVPID No(s)40-15-0088 l\ J Reg. g#7662515
My Commission Expires
'''..i, *tear/31,20111
Skominion
Right of Way Agreement
EXHIBIT A
This Exhibit A shall be attached to and made a part of the RIGHT ,OF WAY
AGREENNT executed by the undersigned GRANTOR(s) on the ,g0'1-1- day of
Novan Y , 2015 . The following terms and conditions are incorporated
therein:
I. This Right of Way Agreement shall be limited in duration and shall remain in
force for a term of forty (40) years, except for any air rights together with
easements for columns for support granted hereunder, in which case such air
rights together with easements for columns for support shall exist for a term of
sixty (60)years. At the end of any such term, this Right of Way Agreement shall
automatically terminate unless the parties hereto agree to enter into a subsequent
agreement, subject to compliance with applicable provisions of law governing the
encumbrance of real property, for an additional forty (40) or sixty (60) years (as
the case may be)under the same terms and conditions set forth herein.
TOWN OF LEESBURG,VIRGINIA
a municipal corporation
By: - �R Q.-1
Name: ricki�
Title: tyl.4`?��
(Page 5 of S Pages) - .
DVPIDNo(s)40-15-0088
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NORTHERN VIRGINIA ELECTRIC COOPERATIVE
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS EASEMENT AND RIGHT-OF-WAY AGREEMENT is made
November 13, 2015 between the TOWN OF LEESBURG, hereinafter called "Owner"
and NORTHERN VIRGINIA ELECTRIC COOPERATIVE, a Virginia corporation,
hereinafter called"Cooperative."
WITNESSETH:
am. ^ C
0 o Q That for the sum of One Dollar ($1.00), and other valuable considerations, the
o receipt and sufficiency whereof is hereby acknowledged, Owner grants unto
q 8 Cooperative, its successors and assigns, an easement and right of way to install, lay,
_8 — R"o construct, operate, repair, alter and maintain overhead pole lines for transmitting and
w m 3 distributing electric power, and for telephone, television and other communication
V.
pa> cM o purposes, including all wires, poles, switchgear, transformers, meters, ground
^
Q> 3 ; connections supports for lights and streetlights, and accessory equipment desirable in
a E o c gconnection therewith ("Facilities"), over, under and/or upon and across the lands of
6-; < Owner situated in the Town of Leesburg,Loudoun County,Virginia,(the"Property")as
z shown on Plat Number 2015-0483, dated 10/21/2015, being attached hereto and
hereinafter known as the"Easement."The location and width of the Easement shall be as
shown on said plat.
This Service Easement and Right-of-Way Agreement shall terminate forty (40) years
after the date of execution.
TAX MAP#/GPIN# 189-15-5207-000
ESMT-OH-NO SVC LANG -COMPANY.doc 02/07
Page 1 of 3
The Facilities erected hereunder shall remain the property of Cooperative. Cooperative shall
have the right to inspect,rebuild,remove, repair, improve and relocate within the Easement and to make
such changes, alterations, substitutions, additions in and to or extensions of its Facilities as Cooperative
may from time to time in its sole discretion deem advisable, including but not limited to the right to
increase or decrease the number of poles,wires, switchgear,transformers and accessory equipment,and
to increase or decrease the size of the poles,wires,and voltage carried by said wires.
Cooperative shall at all times have the right to keep the Easement clear of all trees, limbs,
shrubbery and undergrowth, and to keep the Easement clear of all buildings and structures, except
fences. Cooperative shall have the right to cut all trees and limbs outside of the Easement that may, in
falling, endanger the safe, proper and efficient operation of Cooperative's Facilities. All trees and limbs
cut and/or chipped by the Cooperative at any time, shall remain the property of Owner. Trees shall be
cut into lengths of not less than four feet and shall be placed in piles along said Easement.
Owner, his successors and assigns, may use the land within the Easement for any purpose not
inconsistent with the rights hereby granted and provided such use does not interfere with, or endanger
the construction, operation, or maintenance of Cooperative's Facilities and provided no excavations
shall exceed six (6) inches, no fills shall exceed six (6) inches and no storage of water may be made
thereon.
Cooperative shall have the right of ingress to and egress from the Easement over the lands of
Owner adjacent to the Easement, such right to be exercised in such manner as shall occasion the least
practicable damage or inconvenience to Owner.
Cooperative shall repair damage to roads, fences, and other such improvements which are not
inconsistent with the rights granted hereto. Cooperative shall repair or shall pay Owner, at
Cooperative's discretion, for other physical damage done in the process of the construction, inspection,
or maintenance of Cooperative's Facilities, or in the exercise of its right of ingress or egress provided
Owner gives written notice thereof to Cooperative within thirty days after such damage occurs.
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.
Owner covenants that it is seized of and has the right to convey said Easement and Service
Easement. Cooperative shall have quiet and peaceable possession, use and enjoyment of the Easement,
rights and privileges hereby granted.
ESMT-OH-NO SVC LANG-COMPANY.doc 02/07
Page 2 of 3
IN WITNESS WHEREOF,the following signature(s)and seal(s).
Town of Leesburg
Signature:
Print name: 4{
Print title:
STATE OF Vt'Ii a
COUNTY OF Loud&t n
The foregoing instrument w acknowled ed befor,e'�ye this lay of
k tuber ,2015,by I4rlokn fa ft as
(Name)
May ,for the Town of Leesburg.
(Title) ��JJ
ii?iw1J. V/N)
Notary Public(Signature and Seal)
My Commission expires 113 1 '2-1)'2-1) /
I 9 (� rrnen T S rr y'h
Notary Public(Printed Name)
N . Carmen F. Smith
4: • .,71; NOTARY PUBLIC
0 of
commonwealth of Virginia
Reg. #7662515
My Commission Expires
0 January 31,2019
ESMT-OH-NO SVC LANG-COMPANY.doc 02/07
Page 3 of 3
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