HomeMy WebLinkAboutSDP201800043 Easements 2018-08-13RIGHT OF WAY AND FALL ZONE EASEMENT AGREEMENT
THIS RIGHT OF WAY AGREEMENT, is made and entered into this day of
2018, by and between CHARLOTTESVILLE INVESTMENT PROPERTIES, LLC, a Virginia
limited partnership, ("GRANTOR"), and MILESTONE TOWER LIMITED PARTNERSHIP - IV., a
Delaware limited partnership ("GRANTEE").
WITNESSETH: That for and inconsideration of the sum of ONE DOLLAR ($1.00), cash and other
good and valuable consideration, the receipt of which is hereby acknowledged, the said GRANTOR does
hereby grant and convey unto the GRANTEE, its subsidiaries, successors, assigns, lessees, contractors,
employees and agents, a perpetual, non-exclusive right of way easement over, through, upon and across the
piece of land depicted on the attached Exhibit A, for the purpose of transmitting and distributing electric
power by one or more circuits for its own communication purposes directly related or incidental to the
generation, transmission and distribution of electricity, including the wires and facilities of any public
service company and to construct, install, operate, maintain, inspect, repair, replace and remove a
communications system consisting of such cables, conduits, wires, terminals, equipment, poles and other
structures and appurtenances as the GRANTEE may from time to time require, over, upon, under, across and
over the land which the undersigned owns or in which the undersigned have any interest; said being located
at , with the following rights: unrestricted twenty four (24) hours a day, seven
(7) days a week, access, ingress and egress over, under and across the lands of the undersigned to and from
said systems for the purpose of exercising the rights herein granted.
Further, GRANTOR acknowledges that the proposed tower poses a risk to fall outside of the
enclosed area where it will be located, and hence does hereby grant and convey to GRANTEE, its
subsidiaries, successors, assigns, lessees, contractors, employees and agents, a perpetual, non-exclusive
easement for the purpose of permitting a fall zone for the communications system as depicted on Exhibit B,
attached hereto.
GRANTOR, its successors and assigns, may use the easement for any use not inconsistent with the
rights granted herein, provided such use does not interfere with GRANTEE's exercise of any of its rights
granted hereunder. In the event that such use does interfere with GRANTEE's rights granted hereunder,
GRANTEE may, in its reasonable discretion, relocate such facilities as may be practicable to a new site
designated by GRANTOR and accepted by GRANTEE. In the event such facilities are so relocated,
GRANTOR shall reimburse GRANTEE for the cost thereof and convey to GRANTEE an equivalent
easement at the new site.
GRANTEE shall repair damage to roads, fences, or other improvements and shall pay for other
damage when such damage results from the installation, construction, inspection, operation, repair or
maintenance of GRANTEE'S facilities or from the easements granted herein. GRANTEE shall use the said
easements for the above stated purposes. Except for claims and actions arising solely from the negligence
or willful misconduct of GRANTOR, GRANTEE hereby agrees to indemnify and save the GRANTOR
harmless from all claims and actions related to the GRANTEE's use of the easement area including, but not
limited to, reasonable attorney's fees incurred in any such claim or action.
SIGNATURE PAGE TO FOLLOW
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Grantor: CHARLOTTESVILLE INVESTMENT PROPERTIES, LLC
(Name)
(Signature)
(Title)
COMMONWEALTH OF VIRGINIA
To -wit: City
County of
I, , a Notary Public in and for the State aforesaid, do hereby
certify that whose name(s) signed to the
foregoing writing dated the day of , 20_ , acknowledged the same
before me in the City / County aforesaid this day of , 20
My Commission Number:
My Commission Expires:
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NOTARY PUBLIC
EXHIBIT A
ACCESS AND UTILITY EASEMENT
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