HomeMy WebLinkAboutSUB201900188 Agreements 2020-02-19 AGREEMENT FOR DRAINFIELD
RIGHT-OF-WAY ENCROACHMENT
THIS AGREEMENT FOR DRAINFIELD RIGHT-OF-WAY ENCROACHMENT (the
"Agreement"), made this 19th day of February, 2020,between,BORDERLINE LLC, a Virginia
Limited Liability Company with an address of 2995 Greene Edge Lane,Barboursville,VA 22923,
hereinafter called "Owner"("Owner"wherever used herein being intended to include the grantees
whether one or more or masculine or feminine), and RAPPAHANNOCK ELECTRIC
COOPERATIVE, a Virginia public utility electric cooperative,hereinafter called "Cooperative".
WHEREAS, the Owner desires to encroach within the limits of the Cooperative's (30')
thirty foot wide right-of-way easement located on a parcel of real property in Greene County,
Virginia, recorded in the clerk's office of the Circuit Court of Greene County, Virginia, in Deed
Book 66 Page 194 (the "Easement Area"), for the purpose of installing a drainfield, septic tank
and related facilities and equipment, all as shown on the attached sketch dated January!14; 2020_
and prepared by.Rappahannock_Electric Cooperative(collectivelythe"Drainfield"); and
WHEREAS, the Cooperative desires to allow this request by the Owner subject to the
following:
NOW THEREFORE, in consideration of $10.00 paid in hand and other valuable
consideration as acknowledged by the parties hereto,the Owner arid Cooperative agree as follows:
1. The above recitals are incorporated into this Agreement by this reference as
material terms and conditions.
2. Subject to the terms under this Agreement, the Cooperative hereby grants and
authorizes the Owner's encroachment into the Easement Area solely for purposes of installing and
maintaining the Drainfield described herein and on Exhibit A.
3. The Owner hereby acknowledges and agrees that the Owner shall be solely
responsible for the installation and maintenance of the Drainfield, and shall further be liable for
any damages the owner or his/her contractors, employees, or agents cause to the Cooperative's
Easement Area and/or Cooperative facilities within the Easement Area,and shall further indemnify
and hold harmless the Cooperative for any damages, claim, suit, liability, injury to persons or
property, costs, charge or expenses (including reasonable attorney fees) arising from any act or
omission of the Owner or his/her contractor, agent, representative or employee while utilizing the
Easement Area for the purposes expressed herein.
4. Notwithstanding anything to the contrary under this Agreement, the Cooperative
shall not be responsible for any damages to the Owner's drainfield that may be caused by the
Cooperative's intended activities within the Easement Area, including without limitation the ,
Cooperative's actions to access, install, remove, replace, improve, repair, inspect, or rebuild its
1