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I DEPARTMENT OF PUBLIC WORKS Queen 312 Safety Drive }f.nnels Centreville, MD 21617 Telephone: (410) 758-0925 County Fax: (410) 758-3341 County Commissioners: www.qac.org James J. Moran. At Large Jack N. Wilson, Jr.• District I Stt.'Phen Wilson, District 2 Robert Charles Buckey, District 3 Mark A. Anderson, District 4 Date: May 8,2018 ACTION ITEM To: County Commissioners From: Todd R. Mohn ~~ Subject: Delmarva Utility Easement Agreement Delmarva Power & Light Company requests an easement for the installation ofunderground electric utility across the Cross Island Trail in the vicinity ofCastle Marina Road. The work is being performed in collaboration with K. Hovnanian Homes in support ofthe Four Seasons at Kent Island development. The Departments ofPublic Works and Parks & Recreation have reviewed the Agreement and found it to be fair and reasonable. The County attorney has reviewed and approved the Agreement for legal sufficiency. Requested Action: I move the Utility Easement Agreement be executed and Delmarva Power & Light be granted its request for easement. Signature by Commission President Wilson (1 original) LIVE-WORK.PLAY in QA Pg 1 -:::::::I=:::a::ml:(§ visitqueenannes.com things to do... places to go...ways to grow your business... scan for info Queen Anne's County Ta~ Parcel No.: Map 57, Parcel 504 Prcpared By & Return Delmarva Power & Light Company To: PO Bo~ 9239 40I Eagle Run Road Newark DE 19714-9239 UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made this day of ,2018, between COUNTY COMMISSIONERS OF QUEEN ANNE'S COUNTY ("Grantor") and DELMARVA POWER & LIGHT COMPANY, a corporation of the State of Delaware and the Commonwealth ofVirginia ("Delmarva"), WITNESSETH: WHEREAS, Grantor i~ the owner of land located in the Siale of Maryland, the County of Queen Anne's. which land abuts on Castle Marina Road, Chester, which is recorded in Liber 433 at Folio 460 in the Land Records of Queen Anne's County. Maryland. That for and in consideration of Ihe sum of One Dollar ($1.00) and olher valuable consideration. the receipl of which is hereby acknowledged, Grantor grants to Delmarva a perpetual casement and righl of way and agrees as follows: I. Delmarva shall have the right 10 install, operate, maintain, add to, extend, relocale and remove its ELECTRIC (X), GAS (_), COMMUNICATION (X), and other appropriate facilities, and accessories and appurtenances thereto to extend Delmarva's systcms and to provide services to Delmarva's service areas; including any other cables, conduits, fiber optic cables nnd wires on, over. under and across Granlor's land which may become necessary 10 provide such services as shown on Exhibit "A" auached herelo and made a parI hereof. 2. The facilities installed pursuant 10 this agreement shall remain the property ofDelmarva and all maintenance, repairs and removals ofsaid facilities shall be the responsibility of Ddmarva. 3. Delmarva shall have the righlto trim. remove. andlor otherwise maintain allirees and underbrush locoled 15 feel on each side of the centerline of Delmarva's facilities. 4. Delmarva shall have Ihe righls of ingress, egress and regress to and over Granlor's land as necessary for the enjoyment orthe rights granted herein. 5. In the evenl Delmarva causes damages to the trail surface or other improvements ofOwner while c;onstrucling, making repairs la, reconstructing or removing said line, Delmarva shall reslore property to its pre-construction condition. 6. Grantor shall have the right to use the land covered by this Agreement for any lawful purpose not inconsistent with or in contravention of lhe rights of Delmarva. 7. Grantor covenanlS that it is seized ofand has the right 10 convey the foregoing casement, rights and privi leges: agrees thul Delmarva shall have quiet and peaceable possession, use and enjoyment ofthe aforesaid easement, rights and privileges. 1 Pg 2 8. Grantor hereby certifies that the actual monetary consideration paid for this Agreement is $1.00. 9. Grantor agrees that Ihis UtililY Easement Agreement shall be binding upon and inure to Ihe benefit orGrantor and Delmarva and their respective hdrs. personal representatives, administrators. successors and assigns. 10. Delmarva's utility facilities installed hereunder may. without further consideration. be relocaled to conform to new or reestablished highway limits. As agent on behalfof Delmarva, I certify that this document WITNESS our hands and seals the day and year aforesaid. WITNESS: COUNTY COMMISSIONERS OF QUEEN A COUNTY: (SEAL) Name: (SEAL) Name: STATE OF COMMONWEALTH OF ) S5 COUNTY OF ) BE IT REMEMBERED. Thai on the __day of ,2018. personally came before me. a notary public. Ihe within named Granlor, party(ies) 10 this indenture and known 10 me personally to be such, and acknowledged said Agreement 10 be hislher acl of said individual(s) or the act and deed of the corporation or partnership for which he/she signed. My commission expires: Notary Public Seal/Stamp Here Print Name: NOlary 2 Pg 3 PARCEL 7 , LANOSNIFOF THREE 4-. DIA. Q:~ K. HOVNANIAN AT UNDERGROUND ~, ELECTRICAL ~ KENT ISLAND, LLC CONDUITS ;" r 748/277 ~ , t> ~ , ELECTRICAL ~ J CABINET ~~ ,r , r ~ S ~ r r J ,, S, r .... , ~I J THREE 4- DIA. UNDERGROUND ELECTRICAL , CONDUITS , ,I rr ,I ,I,, ,I I I PARCELS ,I LANDS NIF OF ,I,, COUNCILL, CRAIG II I, A. & JEFFREY K. ,I I, ETAL, UE , r 1974 '3119 II :I ! : EXHIBIT A SHEET NO.: 1 of 1 FOR: DATE: SCALE: 212012018 1" " 80' FOUR SEASONS MOC:RONE JOB NUMBER: DRAWN BY: AT KENT ISLAND • Engineering • EnvlrDnmenQI SCJencu D1OO0001 SEL • Construction Servfces • Land Plilrmlng & SUMlyfng FOLDER REF.: DESiGNED BY: 4TH ELECTION DISTRICT, QUEEN ANNE'S CO., MD ANNAPOLIS. CENTREVILLE. ELKTON. SALISBURY. WILMINGTON 1982 J,1R~~srt"AN:A"""e.,,* PREPARED FOR: FOUR SEASONS AT KENT ISLAND. LlC. CCNtRC\IIll£ W4'trt.ANO"", APPROVED BY: FILE NAME: CMR_CIT Electric EKhlb.dwg ("Ci I'»ZZJ'·'U14 '~J ""~N Pg 4 z... DEPARTMENT OF PUBLIC WORKS Queen 312 Safety Drive )f.nnels Centreville, MD 21617 Telephone: (410) 758-0925 County Fax: (410) 758-3341 County Commissioners: www.qac.org James J. Moran, At Large Jack N. Wilson. Jr.• District I SI"1'hen Wilson, District 2 Robert Charles Buckey, District 3 Mark A. Anderson. District 4 Date: May 8, 2018 ACTION ITEM To: County Commissioners From: David Remaniak"\)12.... Subject: Maryland Geological Survey Groundwater/Well Monitoring Agreement Maryland Geological Survey has conducted groundwater testing and well monitoring on Kent Island for many years. Attached is a proposed agreement for conducting groundwater testing and well monitoring for Fiscal Years 2019 through 2023. The Department ofPublic works reviewed the agreement and has found it to be fair and reasonable. The County attorney has reviewed and approved the agreement. Costs for conducting the groundwater testing and well monitoring will be charged to the approved Engineering Division Operating Budget. Requested Action: I move we accept the proposal received from Maryland Geological Survey for conducting groundwater testing and well monitoring on Kent Island for Fiscal Years 2018 through 2023 in the amounts of: FY-2019: $ 8,260.00 FY-2020: $ 8,430.00 FY-2021: $ 8,600.00 FY-2022: $ 17,320.00 FY-2023: $ 8,940.00 Signature by Commission President Wilson (4 - originals) cc: Jon Seeman LIVE-WORK.PLAY in QA Pg 5 ---=::C::l:m~_visitqueenannes.com things to do... places to gO...wavs to grow your business... scan for info Agreement No. ARfH 18-003 AGREEMENT BETWEEN MARYLAND DEPARTMENT OF NATURAL RESOURCES RESOURCE ASSESSMENT SERVICE MARYLAND GEOLOGICAL SURVEY AND THE COUNTY COMMISSIONERS OF QUEEN ANNE'S COUNTY In order to continue the monitoring ofgroundwater levels and chloride concentrations (Kent Island area) in Queen Anne's County, the County Commissioners ofQueen Anne's County, hereinafter referred to as COUNTY COOPERATING AGENCY, and the Maryland Department ofNatural Resources (Resource Assessment Service, Maryland Geological Survey) hereinafter referred to as STATE COOPERATING AGENCY, have determined and agreed it is in the best interest ofthe State and County to enter into the following Agreement dated , 2018. NOW, THEREFORE, for and in consideration ofthe mutual covenants herein contained, be it agreed by and between the parties hereto as follows: 1. The COUNTY COOPERATING AGENCY agrees to pay the STATE COOPERATING AGENCY EIGHT THOUSAND TWO HUNDRED SIXTY DOLLARS ($8,260.00) in State Fiscal Year 2019, EIGHT THOUSAND FOUR HUNDRED THIRTY DOLLARS ($8,430.00) in State Fiscal Year 2020, EIGHT THOUSAND SIX HUNDRED DOLLARS ($8,600.00) in State Fiscal Year 2021, SEVENTEEN THOUSAND THREE HUNDRED TWENTY DOLLARS ($17,320.00) in State Fiscal Year 2022 and EIGHT THOUSAND NINE HUNDRED FORTY DOLLARS ($8,940.00) in State Fiscal Year 2023 for the work identified in "Appendix A" to this Agreement. It is contemplated by the parties that such work is to be accomplished in cooperation with the United States Geological Survey (hereinafter referred to as FEDERAL COOPERATING AGENCY) in accordance with the schedule ofpayments attached hereto as "Appendix B." 2. The STATE COOPERATING AGENCY will maintain direct supervision ofthe work with review by the COUNTY COOPERATING AGENCY. It is the intent ofthe STATE COOPERATING AGENCY to maintain this direct supervision with the cooperation ofthe FEDERAL COOPERATING AGENCY. 3. This Agreement will remain in effect from July I, 2018 through June 30,2023. It is the intent of both the COUNTY COOPERATING AGENCY and the STATE COOPERATING AGENCY that the work identified in this Agreement shall be continued in subsequent years. Extension or modification shall be by formal Agreement Modification, which shall be binding after being executed by both parties. Pg 6 Agreement No. ARJH 18-003 4. If the tcrm ofthis Agreement extcnds into future fiscal years ofthe Statc, it shall terminate automatically upon the failure ofthe Maryland General Assembly or the County Commissioners ofQueen Anne's County to appropriate funds for such future performance.