HomeMy WebLinkAboutARB201800132 Plat - Submittal (First) 2018-12-12Memorandum
11.0 Mike Brent ltichneond, Virginia
From Cindy Pair February 12, 1998
DISTRIBUTION EASF.MI:NT 1t1:S1-RVF=D IN SALF 01,
FORMER WESTERN DIVISION OFFICE'
Mike, here is a copy for your files of the [keel whereby a distribution casement was
reserved in the sale of the 5"' Strect office, showing recordation information. Please handle
accordingly.
THIS DEED, made and entered into this i7�l�, day of September,
1997, by and between VZRGINIA I?I.rCTRIC-AND noWg _COMPANY, a
Virginia public service corporation, hereinafter referred to as
Grantor, and CH1tTgL1IA1LAj MISSION, a District of Columbia
corporation, hereinafter referred to as Grantee, whose address is
3045 Ivy Road, Charlottesville, VA 22903.
W I T N r S S E T I -I:
Thai: for and in consideration of thn ;sum of $3, 600, 000. 00,
cash in hand paid, the receipt of which is hereby acknowledged,
the Grantor has and by these presents does GRANT, BARGAIN, SELL
and CONVI3Y WITH SPECTAL WARRANTY unto the Grantee the following -
described real property:
All that certain tract or parcel. of: land, with the
intprovement-s thereon and the appurtenances thereto
belonging, situated in the Charlottesville Magisterial
Distract of Albemarle County, Virginia, containing
17.20 acres, more particularly described and shown as
Marcel C on a plat prepared by Wm. Morris roster.,
C.L.S., dated December 71 1967, of record in the
Clerk's Office of the Circuit Courtfor said County in
Deed Book 437, page 601.
HrING aJ.l of the property conveyed to Virginia T3lactri.c and
Power Company by deed from General. Realty, Inc., dated
December a.?., 1985, of record in the Clerk's Office of tho
Circ ii:i.t Court for said County in peed Book 861, page 646.
TO HAVE AND TO HOLD said property, together with all
privileges and appurtenances thereunto belonging to the Grantee
in fee simple.
Prepared by: Virginia Electric and Power. Company
Grantor reserves unto itself, its successors and assigns,
the perpetual right, privilege and easement of right of way
variable in width to lay, construct:, operate and maintain one
more Lines of poles, cables and conduits, together with all guys,
anchors, wires, manholes, handholes, attachments, equipment,
accessories and appurtenances desirable in connection therewith
(hereinafter: referred to as "facDAti,es") for the purpose of
transmitting and distributing electric power and for telephone,
television and other communication purposes and for. the .
attachment: of the wires and facilities of any other public
service company over., under, upon and across the lard hereby
conveyed; the Location and dimensions of said right of way being
shown on the plat, dated September. 9, 1997, numbered 809703.43,
hereto attached and made a part hereof:.
Grantor excepts herefrom and reserves unto itself, its
successors and assigns, all its electric power transmitting and
distributing facilities now located over., upon, across or, under
the land hereby conveyed.
The facilities installed by Grantor shall be and remain the
property of Grantor. Grantor shall have the right to inspect,
rebuild, remove, repair., improve, extend or relocate the
facilities within the easement: reserved and make such changes,
alterations, substitutions, additions or extensions to the
facilities within the easement reserved, as Grantor may from time
to time deem advisable.
Grantor shall, construct, operate and maintain the facilities
2
in accordance with the requirements of the National Electrical
Safety code.
Grantor. shall have the right to keep the right of way clear
of all buildings or structures (except fences and li.ghtpoles),
trees, stumps, roots, undergrowth and other obstructions which
would interfere with its exercise of the rights reserved
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 reserved that may endanger
the safe and proper operation of its facilities. All trees,
limbs and undergrowth cut by Grantor shall remain the property of
Grantee.
Tor the purpose of exercising the rights reserved herein,
Grantor shall have the right of ingress to and egress from the
easement over such private roads as may now or hereafter exist on
the property of Grantee. The right, however, is reserved to
Grantee 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, Grantor shall have such right of
ingress and egress over the lands of Grantee adjacent to the
easement:. Grantor; shall exercise such rights in such manner as
shall. occasion the least practicable damage and inconvenience to
Grantee.
Grantor shall repair damage to reads, fences or other
improvements and, at Grantor's sole option, either repair or pay
the Grantee for other damage done in the process of the
3
construction, inspection, rebuilding, removal, repairing,
improving, extending, relocating or maintenance of the Grantor's
facilities, or in the exercise of it, right of ingress and
egress; provided, the Grantee gives written notice thereof to
Grantor within thirty days after such damage occurs.
Grantee, its successors and assigns, may use the easement
for any reasonable purpose not inconsistent with the rights
hereby reserved, provided such use does not interfere with
Grantor's exercise of any of: its rights reserved herein. Grantee
shall not have the right to construct any building, structure, or
other above ground obstruction on the easement; provided,
however., Grantee may construct on the easement fences, roads, and
below ground obstructions as long as said fences, roads and below
ground obstructions do not interfere with Grantor's exercise of
any of its rights reserved herein. In the event :such use does
interfere with Grantor's exercise of any of its rights reserved
herein, Grantor may, in its reasonable discretion, relocate such
of its facilities as may be practicable to a new site designated
by Grantee and acceptable to Grantor. In the event any such
facilities are so relocated, Grantee shall reimburse Grantor for
the costs of the relocation and convey to Grantor an equivalent:
easement at the new site.
Grantor shall have the right to assign or transfer, without
limitation, to any public service company all or any part of the
perpetual right, privilege and easement reserved herein.
This conveyance is made subject to all recorded easements,
J9
conditions, restrictions and agreements as they may lawfully
apply to the land hereby conveyed or any part hereof:.
WITNESS the following signatures and seals:
VIRG:INIA EjECTRIC AND POWER COMPANY
By:
Jar M. Gi -vi
Sen or Vice Wesi.dent
Commercial o orations
J. P. Carney �'
Assistant CWrporate Secr any
COMMONEALTH OF VIRGINIA
CITY OF RICHMOND, to -wit:
The foregoing instrument; was acknowledged before me this
day of September, 1997, by Larry M. Girvin and J. P. Carney,
its Senior. Vice President -- commercial Operations -And Assistant
Corporate Secretary, respectively, of Virginia Electric and Power
Coi-iipany, on behalf of the Corporation.
My Commission expires: _ )rl' _-'
ot�ry Publ ].c �
5