:;;;--;~ ;::::aiitiiiii•r•r·~--.. -m:m-=~--==~=-iiiiiiiiiiCiiiiiityiiiiioiiaf •Ciiiiiheiiiii:sa=spiiMieiiaaiike Office of the City Attorney 306 Cedar Road Chesapeake, Virginia 23322 (757) 382~6586 Fax(757) 382-8749 CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGE ATTORNEY WORK PRODUCT
September 3. 2019
To: The Honorable Mayor West, Vice-Mayor de Triquet and Members of the City Council
Re: AN ORDINANCE AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE DEEDS OF EASEMENT TO VERIZON VIRGINIA, LLC FOR THE DEEP CREEK BRIDGE REPLACEMENT PROJECT.
In order to facilitate the construction of the Deep Creek Bridge Replacement Project, Verizon Virginia, LLC ('•Verizon") has requested the City of Chesapeake execute three deeds of easement in order to convey 20' wide utility easements to it on Tax Map Parcels 0340000000090, 0341 003000070 and 0341 003000080, all of which are located in the Deep Creek Borough of the City of Chesapeake. Although Verizon has not established prior rights at these locations that would support the requirement of dedications, the property value is estimated to be of $3,031.00. In light of the City's advance total acquisition of these properties, and in furtherance of the project, the Department of Public Works recommends dedication of the requested easements. A copy of the deeds with exhibits are attached to this memorandum.
The proposed conveyance requires a supermajority vote.
Please contact me for confidential discussion of these matters should you have any questions.
With best regards, I am
Si/!!;ncerely your~
Ja an C y tt ey
JPS/jhp Enclosures Cc: James E. Baker, City Manager Sandy M. Madison, City Clerk Eric Martin, Director of Public Works Kelly J. Lackey, Deputy City Attorney Kelly D. Sheeran, Assistant City Attorney
"The City of Chesapeake adheres to the principles of equal employment opportunity. This policy extends to all programs and services supported by the City.' Department of Public Works P.O. Box 15225 Chesapeake, Virginia 23328 (757) 382-6101 DUM (757) 382-6310 FAX
TO: James E. Baker, City ManageF....~~,.~ 6 VIA: Robert N. Geis, Deputy City Manager~1- · ~f.!. (<.
FROM: ync J. Martin, P.E., Director of Public Works~
DATE: August 27, 2019
SUBJECT: UTILITY EASEMENTS BY DEED OR AGREEMENT TO VERIZON VIRGINIA, LLC AND DOMINION ENERGY VIRGINIA; AND ORDINANCE FOR AUTHORIZATION FOR ENTRY OF CONSTRUCTION TO THE ARMY CORPS OF ENGINEERS (ACOE) FOR THE DEEP CREEK BRIDGE REPLACEMENT PROJECT
Verizon Virginia, LLC and Dominion Energy Virginia have requested the City to dedicate utility easements for the re-location of their utilities for the purpose of facilitating the Deep Creek Bridge Replacement Project. This project is supported by the Department of Public Works as it will benefit the citizens of Chesapeake in relieving vehicular congestion within the Deep Creek corridor. In light of the City's support and in an effort to further the project, the Department of Public Works recommends the dedication of the requested easements and the dedication of a right of entry to the ACOE to start construction.
Verizon Virginia, LLC has requested the City to execute three deeds in order to convey variable width utility easements. Dominion Energy has requested the City to execute three deeds in order to convey variable width utility easements as well. A copy of each of these deeds have previously been provided to your office by the City Attorney's office. Although neither company has established prior rights at these locations that would support dedication of the easements, the property value is estimated to oe $8,230.00 for the combined easements. However, in light of this project's positive benefit to the city of Chesapeake and its citizens, Public Works recommends dedication of the requested easements.
In addition, the ACOE requires authorization from the City Manager for its agents, employees and contractors to enter upon City owned land or land east of the bridge on 12 Project Parcels acquired in order to construct the Deep Creek Replacement Bridge. This is consistent with an existing agreement between the ACOE and the City dated August 19, 2016, that requires such a right of entry for the duration of the construction of the project.
The City of Chesapeake adheres to the principles of equal employment opportunity This policy extends to all programs and servtces supported by the City." Memo to James E. Baker, Ctty Manager Subject: Utility Easements by Deed or Agreement to Verizon Virginia, LLC and Dominion Energy Virginia; and Ordinance for Authorization for Entry of Construction to the Army Corps of Engineers (ADOE) for the Deep Creek Bridge Replacement Project August 26, 2019 Page2of2
If you should have any questions or need additional infonnation, please contact me at extension 6380 or Earl Sorey at extension 6513.
EJM/ces/kds
Attachment c: Earl Sorey, P.E., Assistant Director of Public Works Kelly Lackey, Assistant City Attorney Kelly D. Sheeran, Assistant City Attorney AN ORDINANCE AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE DEEDS OF EASEMENT TO VERIZON VIRGINIA, LLC FOR THE DEEP CREEK BRIDGE REPLACEMENT PROJECT.
WHEREAS, the Department of the Army is constructing improvements within the
Deep Creek Borough in the City of Chesapeake known as the Deep Creek Bridge Replacement
Project; and
WHEREAS, the City of Chesapeake is the owner of certain parcels of land identified
as Tax Map Parcels 0340000000090 (Project Parcel 016), 0341003000070 (Project Parcel 026),
and 0341003000080 (Project Parcel 027);
WHEREAS, construction of the improvements for the Deep Creek Bridge Replacement
Project has made it necessary to relocate facilities owned by Verizon Virginia LLC; and
WHEREAS, Verizon Virginia LLC seeks to acquire 20' wide utility easements on the
above-referenced parcels for the purpose of relocating its facilities to accommodate the Project;
and
WHEREAS, City staffhas estimated the value of the easements at $3,031.00; however,
in light of public benefits of relocations to City-owned property by and large acquired as
advance acquisitions from willing sellers, City staff has no objection to the conveyance of the
easement at a nominal value, if City Council so decides in its sole discretion;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Chesapeake, Virginia, that the City Manager and City Clerk are hereby authorized to execute
the proposed deeds of easement in such form as may be approved by the City Attorney
conveying the proposed 20' wide utility easements to Verizon Virginia LLC on the above-
referenced parcels for the purchase price of One Dollar ($1.00) and for a term of forty years. City Attorney's Office 1 City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 {757) 382-6586 Fax: (757) 382-8749 ADOPTED by the Council of the City of Chesapeake, Virginia, this 1Oth day of
September, 2019.
APPROVED:
Mayor
ATTEST:
Clerk of the Council
I APPROVED AS TO FORM:
. ~.~
City Attorney's Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 2 {757) 382-6586 Fax: (757) 382-8749 Sheet !of 1
Verizon W. 0. No. 4AODJ70 ROW Tracking No. BAC-~-R
USACOE Project No. 458079 Parcel No. 016
After Reconllng Mall To: Document PreDired By: VERIZON VIRGINIA LLC VERJZON VIRGINIA. LLC 2920 Elmhurst Ln., 2nct. Floor 2920 Elmhurst Ln., lnct. Floor
Portsmouth 1 VA. 23701 Portsmouth 1 VA 23701 Christopher Lukens, 757-956-3746 Tax Map No. 0340000000090
Pin No. DEED OF EASEMENT
THIS DEED OF EASEMENT made thls __day of ,20--.~ by and between------QTJ Of CHESAPEAKE. VJRGIJjiA , herein after called Grantor and VERIZON VIRGINIA LLC. a Virginia company, its successors, assigns lessees and agents, herein after called Grantee .
W I T N E S S E T H:
For and in mnsideration of Ten Dollars ($10.00) cash In hand paid unto Grantor and for other good and valuable considerations, the receipt and suffidency of which Is hereby acknowledged, Grantor hereby grants and conveys unto Grantee, its successors, assigns, lessees and agents, a perpetual non-exdusive easement and right of way (the "Easement") to Install, construct, operate, maintain, Inspect, Improve, relocate, alter, replace and remove a communication system mnslstlng of such poles, fixtures, braces, guys, anchors, wires, cables, pole-mounted cabinets, burled cable, burled wires, vaults, conduits, manholes, handholes, and related above-ground fadlltles, lndudlng but not limited to, posts, terminals, location markers, equipment housings, electronic equipment housings, remote terminal units, cabinets, power generators and other appurtenances (the "Fadlltles'1, as Grantee may from time to time require, upon, under, across and over Grantor's real property being located In the BOROUGH of DEEP CREEK , In the City of CHESAPEAKE , COmmonwealth of VIrginia, more particularly Identified as Parcel ...Q1L (the "Property'1 as shown and described on a plat Identified as Exhibit "A", numbered BAC-55853 -R. attached hereto and made a part hereof (the "Easement Area'1· Said Easement Is hereby granted and conveyed unto Grantee together with the following rights and covenants:
1. 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 mlumns 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 GRANTOR agrees to renew this Right of Way Agreement for an additional term of years. 2. In the event that this Right of Way Agreement Is tennlnated, or If the removal of GRANTEE's facilities Is otherwise desired by GRANTOR, then GRANTOR agrees that It will pay the cost of removing GRANTEE's wires and facilities, and, If appropriate, the cost of replacing GRANTEE's wires and facilities. Upon the termination of this Right of Way Agreement, GRANTOR agrees to provide GRANTEE, if needed by GRANTEE, a suitable substitute easement subject to the same terms provided for herein for GRANTEE's wires and facilities. In the event that this Right of Way Agreement Is revoked or terminated, all fadlitles constructed hereunder shall remain the property of GRANTEE. Initial. ___ Date__ _
------···"·· ------BAC-55853-R SheetZ of ~
3. GRANTOR covenants that In the event that GRANTOR sell or conveys the real property on which GRANTEE's wires and facilities are located by this Right of Way Agreement, GRANTOR will provide GRANTEE with a suitable pennanent easement for GRAmEE's wires and facilities and, If necessary, pay the cost of relocating GRANTEE's wires and facilities to such permanent easement.
Additional covenants and rights conveyed unto Grantee: (I) Grantee shall have the right of Ingress and egress over, upon and across the Property, Including Grantors private roads, to and from the communications system and Easement, Including the right to temporarily open and dose fences, for the purposes of exercising the rights herein granted. (II) 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 facUlties or Impedes the access thereto. (Ill) 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 oommunlcatlons system, or any part thereof, within the Easement Area, and may make such changes, alterations, substitutions, additions In and to or extensions of Its fadlitfes as it deems advisable without the prior consent of the Grantor. (lv) Grantee shall have the right to Install a paved or gravel entranceway (inducting necessary drainage facilities) from any adjoining public or private roadway and shall have the right to install a paved or gravel parking area within the Easement. (v) During periods of actual construction, Grantee shall have the temporary right to use Grantor's property lying adjacent to the Easement Area. (vi) Grantor shall at all times own, bear the cost and expense of, and be responsible and liable for all costs relating to the Installation, construction, operation, maintenance, replacement and removal of all conduit Installed within the Easement Area by Grantor, Its agents, or contractors. Grantee shall have the right to occupy Grantor's privately owned conduit located within the Easement Area with any facilities Grantee deems necessary, however, Grantee's right of use of Grantor's privately-owned conduit within the Easement Area shall be non-exclusive. Grantor, or any other utility company designated by Grantor, may use any privately-owned duct not containing Grantee's copper or fiber optic cables at Grantor's dlsaetlon, for any purpose not Inconsistent with the purposes of this Deed of Easement. (vii) 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. (viii) Grantor covenants that it Is seized of the Property and has the right to convey the Easement, rights and privileges herein oonveyed to Grantee and that Grantee shall have quiet and peaceable possession, use and enjoyment of the aforesaid Easement, rights and privileges hereby granted.
Initial Date'---- BAC- 55853-R Sheet 1 of 1
WITNESS WHEREOF, the following slgnature(s) and seal(s): By:·------(GRANTOR) Prim Name_:______
Print Title..._·------ CITY OF CHESAPEAKE, VIRGINIA
COMMONWEALTH OF VIRGINIA: City of CHESAPEAKE : to wit:
I, ------~ a Notary Public In and for the jurisdiction aforesaid do hereby certify that
------(as------of------) did personally appear before me and acknowledge the foregoing writing dated ------in the jurisdiction aforesaid this _ day of
------1 20_.
My Commission expires:. ______Notary Public
---- " ---- BAC-UIID-R SHEET~ of~
Exhibit"A"
.- ---
VERIZON VIRGINIA UC OWNER: CITY/COUNTY: RIGHT-OF-WAY PLAT CITY OF CHESAPEAKE, VIRGINIA CITY OF CHESAPEAKE TAX MAP NO. 0340000000090 --- DENOTES LOCATION OF A BOROUGH: VERIZON VIRGINIA UC EASEMENT DEEP CREEK ENGINEER: Christopher Lukens GRANTOR: SHEET CITY OF CHESAPEAKE, VIRGINIA ._SH-+--E-_w---+--N-S-1 ~ of ! PHONE NO. 757-956-3746 CENTRAL OFFICE USACOE PROJECT NO. 458079 DEEP CREEK BAG-JHD-R Sheet lof ~
Verizon W. 0. No. 4AODJ70 ROW Tracking No. BAC-55854-R
USACOE Project No. 458079 Parcel No. ....!ll
After Recordlna Mall To: Qocument PreRred Bv: VERJZON VIRGINIA LLC VERIZON VIRGINIA LLC 2920 Elmhurst Ln., :z.nd. Aoor 2920 Elmhurst Ln., 2nd. Floor Portsmouth , VA 23701 Portsmouth , VA 23701 Christopher Lukens, 757-956-3746 Tax Map No. 0341003000080
Pin No. DEED OF EASEMENT
THIS DEED OF EASEMENT made thls__ day of ,20__, by and between ______em Of CHE$APEAKJ, YIRGIHJA I herein after called Grantor and VEBIZON VIRGINIA LLC, a Virginia company, Its successors, assigns lessees and agents, herein after called Grantee •
W I T N E S S E T H:
For and In consideration of Ten Dollars ($10.00) cash in hand paid unto Grantor and for other good and valuable considerations, the receipt and suffldency 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, burled wires, vaults, conduits, manholes, handholes, and related aboveiJround facilities, lndudlng but not limited to, posts, tenninals, location markers, equipment housings, electronic equipment housings, remote terminal units, cabinets, power generators and other appurtenances (the "Fadlltfes"), as Grantee may from time to time require, upon, under, across and over Grantor's real property being located In the BOROUGH of DEEP CREEK • In the City of CHESAPEAKE , Commonwealth of Virginia, more particularly Identified as Parcel ..Q.ZL (the "Property'') as shown and desaibed on a plat Identified as Exhibit "A", numbered BAC-55854-R • 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:
1. This Right of Way Agreement shall be limited In duration and shall remain In force for a tenn 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 GRANTOR agrees to renew this Right of Way Agreement for an additional term of years. 2. In the event that this Right of Way Agreement Is terminated, or If the removal of GRANTEE's facilities Is otherwise desired by GRANTOR, then GRNITOR agrees that It will pay the cost of removing GRANTEE's wires and facilities, and, If appropriate, the cost of repladng GRANTEE's wires and facilities. Upon the tennination of this Right of Way Agreement, GRANTOR agrees to provide GRANTEE, if needed by GRANTEE, a suitable substitute easement subject to the same tenns provided for herein for GRANTEE's wires and facilities. In the event that this Right of Way Agreement Is revoked or tenninated, all facilities constructed hereunder shall remain the property of GRANTEE. Initial Date.__ _
. · · -~ ·------···------·- - . . -.. - -- -·---- BAC--R SheetZ of ~
3. GRANTOR covenants that In the event that GRANTOR sell or conveys the real property on which GRANTEE's wires and fadlities are located by this Right of Way Agreement, GRANTOR will provide GRANTEE with a suitable permanent easement for GRANTEE's wires and fadllties and, If necessary, pay the cost of relocating GRANTEE's wires and fadlities to such permanent easement.
Additional covenants and rights conveyed unto Grantee:
{i) 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 exerdslng the rights herein granted. (li) 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 effident and safe operation, construction or maintenance of it facilities or Impedes the access thereto. (iii) The communications system constructed hereunder Is and shall remain the property of the Grantee. Grantee shalf 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 fadlltles as It deems advisable without the prior consent of the Grantor. (iv) Grantee shall have the right to Install a paved or gravel entranceway (including necessary drainage facilities) from any adjoining public or private roadway and shall have the right to install a paved or gravel parking area within the Easement. (v) During periods of actual construdlon, Grantee shall have the temporary right to use Grantor's property lying adjacent to the Easement Area. (vi) Grantor shall at all times own, bear the cost and expense of, and be responsible and liable for all costs relating to the Installation, construction, operation, maintenance, replacement and removal of all conduit Installed within the Easement Area by Grantor, Its agents, or contractors. Grantee shall have the right to occupy Grantor's privately owned conduit located within the Easement Area with any fadlities Grantee deems necessary, however, Grantee's right of use of Grantor's privately-owned conduit within the Easement Area shall be non-exclusive. Grantor, or any other utility company designated by Grantor, may use any privately-owned duct not containing Grantee's copper or fiber optic cables at Grantor's discretion, for any plXpOSe not Inconsistent with the purposes of this Deed of Easement. (vii) 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 aJnvey 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. (viii) Grantor covenants that It Is seized of the Property and has the right to convey the Easement, rights 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.
Initial Date.__ _ BAC-55JH-R Sheet l of ~
WITNESS WHEREOF, the following slgnature(s) and seal(s): By:------(GRANIQR)
Print Name:r...·------
Printlltle.._·------ CITY OF CHESAPEAKE, VIRGINIA
COMMONWEALTH OF VIRGINIA: Qty of CHESAPEAKE ; to wit:
I, ------~ a Notary Public In and for the jurisdiction aforesaid do hereby certify that
------(as ______of------) did personally appear before me and acknowledge the foregoing writing dated ____ In the jurisdiction aforesaid this __ day of
_____,20_.
My commission expires: _____ Notary Public BAC-HIH-R SHEET~ of~
Exhibit "'A"'
I 12
-
I •
OWNER: VERIZON VIRGINIA LLC CITY/COUNTY: CITY OF CHESAPEAKE, VIRGINIA CITY OF CHESAPEAKE RIGHT-OF-WAY PLAT TAX MAP NO. 0341003000080 --- DENOTES LOCATION OF A BOROUGH: DEEP CREEK VERIZON VIRGINIA LLC EASEMENT ENGINEER: Chrlatopher Lukens GRANTOR: SHEET CITY OF CHESAPEAKE. VIRGINIA 1-S_H--+-E--W--f.-N--S~ ~ of ~ PHONE NO. 757-956-3746 CENTRAL OFFICE: USACOE PROJECT NO. 458079 DEEP CREEK
------··- ... . Sheet ! of i
Verizon W. 0. No. 4AODJ70 ROW Tracking No. BAC~~-R
USACOE Project No. 458079 Parcel No.___m
After Recording Mall To: Pocument Prepared By: VERIZON VIRGINIA LLC VERIZON VIRGINIA LLC 1111 2920 Elmhurst Ln., 2 • Floor 2920 Elmhurst Ln., znc'. Floor Portsmouth, VA 23701 Portsmouth , VA 23701 Christopher Lukens, 757-956-3746 Tax Map No. 0341003000070
Pin No._ DEED OF EASEMENT
THIS DEED OF EASEMENT made thls__ day of ,20___, by and between ------em OF CHESAPEAJ(E. VIBGINIA , herein after called Grantor and VERJZON VIRGINIA LLC. a VIrginia company, Its successors, assigns lessees and agents, herein after called Grantee •
WI T N E S S E T H:
For and in consideration of Ten Dollars ($10.00) 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-exdusive 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, burled cable, buried wires, vaults, conduits, manholes, handholes, and related above-ground fadlitles, Including but not limited to, posts, terminals, location markers, equipment housings, electronic equipment housings, remote terminal units, cabinets, power generators and other appurtenances (the "Fadllties"), as Grantee may from time to time require, upon, under, across and over Grantor's real property being located In the BOROUGH of DEEP CREEK • in the City of CHESAPUQ • Commonwealth of VIrginia, more particularly identified as Parcel Jl2L (the "Property") as shown and desaibed on a plat Identified as Exhibit "A", numbered BAC-55855-R, 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:
1. 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 GRANTOR agrees to renew this Right of Way Agreement for an additional term of years. 2. In the event that this Right of Way Agreement Is terminated, or If the removal of GRANTEE's facilities Is otherwise desired by GRANTOR, then GRANTOR agrees that It will pay the cost of removing GRANTEE's wires and facilities, and, if appropriate, the cost of repladng GRAWTEE's wires and facilities. Upon the termination of this Right of Way Agreement, GRANTOR agrees to provide GRANTEE, If needed by GRANTEE, a suitable substitute easement subject to the same terms provided for herein for GRANTEE's wires and facilities. In the event that this Right of Way Agreement Is revoked or terminated, all fadlitles constructed hereunder shall remain the property of GRANTEE. Initial Date.__ _
----· -· ·------··- --~ . ------·------· ·-· --· -· 8AC-55855-R Sheet2 of ~
3. GRANTOR oovenants that In the event that GRANTOR sell or oonveys the real property on which GRANTEE's wires and facilities are located by this Right of Way Agreement, GRANTOR will provide GRANTEE with a suitable pennanent easement for GRANTEE's wires and fadlitles and, If necessary, pay the oost of relocating GRANTEE's wires and facilities to such permanent easement
Additional covenants and rights cxmveyed unto Grantee: (I) 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, lndudlng the right to temporarily open and dose fences, for the purposes of exerdslng the rights herein granted. . (il) 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 fadlitles or Impedes the access thereto. (iii) 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. (iv) Grantee shall have the right to Install a paved or gravel entranceway (including necessary drainage facilities) from any adjoining public or private roadway and shall have the right to install a paved or gravel parking area within the Easement. (v) During periods of actual construction, Grantee shall have the temporary right to use Grantor's property lying adjacent to the Easement Area. (vi) Grantor shall at all times own, bear the cost and expense of, and be responsible and liable for all costs relating to the Installation, construction, operation, maintenance, replacement and removal of all oonduit Installed within the Easement Area by Grantor, its agents, or contractors. Grantee shall have the right to occupy Grantor's privately· owned conduit located within the Easement Area with any facilities Grantee deems necessary, however, Grantee's right of use of Grantor's privately-owned condUit within the Easement Area shall be non-exdusive. Grantor, or any other utility company designated by Grantor, may use any privately-owned duct not containing Grantee's copper or fiber optic cables at Grantor's discretion, for any purpose not Inconsistent with the purposes of this Deed of Easement. (vii) NOTICE TO LANDOWNER: You are oonveytng 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. (viii) Grantor oovenants that It Is seized of the Property and has the right to convey the Easement, rights and privileges herein oonveyed to Grantee and that Grantee shall have quiet and peaceable possession, use and enjoyment of the aforesaid Easement, rights and privileges hereby granted.
Initial Date.__ _
------·---- ·--··- ·--··-· -- . --· BAC-55855-R Sheet l of~
WITNESS WHEREOF, the following signature(s) and seal(s):
By:, ______(GRANTOR>
Print Name•.&..·------
Print Tltle....._: ------ CITY OF CHESAPEAKE, VIRGINIA
COMMONWEALTH OF VIRGINIA: City of CHESAPEAKE ; to wit:
I, ______, a Notary Public in and for the jurisdiction aforesaid do hereby certify that
------(as------of ______) did personally appear before
me and acknowledge the foregoing writing dated _____ In the jurisdiction aforesaid this __ day of
_____,20_.
My Commission expires:. _____ Notary Public BAC-~R SHEET f off
Exhibit "A"
I ® I!
~S&!a 6RAN~Y TRAIL .
l ' 1
VERIZON VIRGINIA LLC OWNER: CITY/COUNlY: RIGHT-OF-WAY PLAT CITY OF CHESAPEAKE, VIRGINIA CITY OF CHESAPEAKE TAX MAP NO. 0341003000070 --- DENOTES LOCATION OF A BOROUGH: VERIZON VIRGINIA LLC EASEMENT DEEP CREEK ENGINEER: Christopher Lukens GRANTOR: SHEET CITY OF CHESAPEAKE, VIRGINIA 1-S_H-+-E--W--+_N-S---1 ~ of ! PHONE NO. 757-956-3746 CENTRAL OFFICE USACOE PROJECT NO. 458078 DEEP CREEK BA~R