HomeMy WebLinkAboutSUB201500112 Agreements Road Plan and Comps. 2016-07-27 'Dominion° Right of Way Agreement
THIS RIGHT OF WAY AGREEMENT, is made and entered into this 2P day of July, 2016, by
and between
DUNLORA 5, LLC
("GRANTOR") and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service
corporation, doing business in Virginia as Dominion Virginia Power, with its principal office in
Richmond,Virginia ("GRANTEE").
WITNESSETH :
That for and in consideration of the mutual covenants and agreements herein contained and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged:
1. GRANTOR grants and conveys unto GRANTEE, its successors and assigns, the perpetual right,
privilege and non-exclusive easement over, under, through, upon and across the property described
herein, for the purpose of transmitting and distributing electric power by one or more circuits; for its
own internal telephone and other internal communication purposes directly related or incidental to
the generation, distribution, and transmission of electricity, including the wires and facilities of any
other public service company in aid of or to effectuate such internal telephone or other internal
communication purposes; and for lighting purposes; and for these purposes including, but not limited
to, the right to lay, construct and maintain one or more lines of underground conduits and cables, as
GRANTEE may from time to time deem advisable, and all wires, terminal poles, their supports and
attachments, conduits, cables, transformers, transformer enclosures, concrete pads, manholes,
handholes, connection boxes, ground connections, accessories and appurtenances desirable in
connection therewith.
2.1 The easement granted herein shall extend across the lands of GRANTOR situated in
Albemarle County, Virginia, as more fully described on Plat(s) Numbered 81-16-0038 , attached to
and made a part of this Right of Way Agreement (the "Designated Easement"); the width of said
Designated Easement is Variable in width (Varible)feet; the location of the boundaries of the
Designated ement being shown in broken lines on said Plat(s), reference being made thereto for
a more p- f description thereof.
Initials: ,.(
This D• Ment Prepared by Virginia Electric and Power Company and should be returned to:
Dominion irginia Power, 1719 Hydraulic Road Charlottesville VA 22901 .
(Page 1 of 6 Pages)
DVPIDNo(s). 81-16-0038
Tax Map No. 06100-00-00-16400
Form No.728494-1(Apr 2016)
02016 Dominion Resources Services,Inc.
4
Right of Way Agreement
2.2 In addition to the Designated Easement described above, the easement granted herein shall
extend from the Designated Easement across the lands of GRANTOR to one location on each lot
shown on the attached Plat for the provision of electrical service to the proposed improvement on the
lot (the"Undesignated Easements"); the locations of the Undesignated Easements shall be selected
by GRANTEE and the center lines of the Undesignated Easements shall be determined by
GRANTEE'S facilities as actually installed.
3. All facilities constructed hereunder shall remain the property of GRANTEE. GRANTEE shall have
the right to inspect, reconstruct, remove, repair, improve, relocate on the easement, and make such
changes, alterations, substitutions, additions to or extensions of its facilities as GRANTEE may from
time to time deem advisable.
4. GRANTEE shall have the right to keep the easement clear of all buildings, structures, trees, roots,
undergrowth and other obstructions which would interfere with its exercise of the rights granted
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 that may endanger the safe and proper
operation of its facilities. All trees and limbs cut by GRANTEE shall remain the property of
GRANTOR.
5. For the purpose of exercising the rights granted herein, GRANTEE shall have the right of ingress
to and egress from this easement over such private roads as may now or hereafter exist on the
property of GRANTOR. The right, however, is reserved to GRANTOR 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, GRANTEE shall have such right of ingress and egress over the lands of
GRANTOR -- are adjacent to the easement. GRANTEE shall exercise such rights in such manner
as shall oc•: • the least practicable damage and inconvenience to GRANTOR.
Initials: AA IN
(Page 2 of 6 Pages)
DVP I DN o(s). 81-16-0038
Form No.728494-2(Apr 2016)
O 2018 Dominion Resources Services,Inc.
Right of Way Agreement
6. GRANTEE shall repair damage to roads, fences, or other improvements (a) inside the boundaries
of the easement(subject, however,to GRANTEE's rights set forth in Paragraph 4 of this Right of Way
Agreement) and (b) outside the boundaries of the easement and shall repair or pay GRANTOR, at
GRANTEE's option, for other damage done to GRANTOR's property inside the boundaries of the
easement (subject, however, to GRANTEE's rights set forth in Paragraph 4 of this Right of Way
Agreement) and outside the boundaries of the easement caused by GRANTEE in the process of the
construction, inspection, and maintenance of GRANTEE's facilities, or in the exercise of its right of
ingress and egress; provided GRANTOR gives written notice thereof to GRANTEE within sixty (60)
days after such damage occurs.
7. GRANTOR, its successors and assigns, may use the easement for any reasonable purpose not
inconsistent with the rights hereby granted, provided such use does not interfere with GRANTEE's
exercise of any of its rights hereunder. GRANTOR shall not have the right to construct any building,
structure, or other above ground obstruction on the easement; provided, however, GRANTOR may
construct on the easement fences, landscaping (subject, however, to GRANTEE's rights in
Paragraph 4 of this Right of Way Agreement), paving, sidewalks, curbing, gutters, street signs, and
below ground obstructions as long as said fences, landscaping, paving, sidewalks, curbing, gutters,
street signs, and below ground obstructions do not interfere with GRANTEE's exercise of any of its
rights granted hereunder. In the event such use does interfere with GRANTEE's exercise of any of its
rights granted hereunder, GRANTEE may, in its reasonable discretion, relocate such of its facilities
as may be practicable to a new site designated by GRANTOR and acceptable to GRANTEE. In the
event any such facilities are so relocated, GRANTOR shall reimburse GRANTEE for the cost thereof
and convey to GRANTEE an equivalent easement at the new site.
8. GRANTEE'S right to assign or transfer its rights, privileges and easements, as granted herein,
shall be strictly limited to the assignment or transfer of such rights, privileges and easements to any
business which lawfully assumes any or all of GRANTEE'S obligations as a public service company
or such other obligations as may be related to or incidental to GRANTEE'S stated business purpose
as a public service company; and any such business to which such rights, privileges and easements
may be assigned shall be bound by all of the terms, conditions and restrictions set forth herein.
9. If there is an Exhibit A attached hereto, then the easement granted hereby shall additionally be
subject to all terms and conditions contained therein provided said Exhibit A is executed by
GRANTOR contemporaneously herewith and is recorded with and as a part of this Right of Way
Agreement.
10. Whenever the context of this Right of Way Agreement so requires, the singular number shall
mean the plural and the plural the singular.
Initials: ,A
(Page 3 of 6 Pages)
DVP I D No(s). 81-16-0038
Form No.728494-3(Apr 2016)
02016 Dominion Resources Services,Inc.
•
Plattly
Dominion` Right of Way Agreement
11. GRANTOR covenants that:
(a) it is seized of and has the right to convey the interests, rights, and privileges granted
under this Right of Way Agreement;
(b) delivery and recordation of this Right of Way Agreement will entitle GRANTEE to quiet
and peaceable possession, use, and enjoyment of that easement, rights, and privileges;
(c) it will execute such further assurances thereof as reasonably may be required; and
(d) the Manager's and Signatory's warranties in paragraph 12 below are correct.
12. This Right of Way Agreement is executed for GRANTOR by a person who is
GRANTOR's manager, managing member, or other authorized agent (the "Manager").
The Manager warrants as follows:
(a) GRANTOR is a limited liability company validly organized and existing under the laws of
the State of Virginia
(b) GRANTOR is in full compliance with all applicable requirements relating to its
organization, its continued existence, and its authority to operate under the laws of its
state of organization and in the Commonwealth of Virginia.
(c) GRANTOR has all power and authority requisite to owning and operating its assets as
referred to in this Right of Way Agreement and to carrying on its business as now
conducted and as currently proposed to be conducted.
(d) GRANTOR has the authority to enter into, execute, and deliver this Right of Way
Agreement to GRANTEE and to incur and perform its obligations hereunder.
(e) the Signatory's execution and delivery of this Right of Way Agreement on behalf of the
Manager has been duly authorized in conformity with (i)the organizational documents of
GRANTOR and of the Manager and (ii)the laws of the state or states where GRANTOR
and the Manager are organized.
13. The individual executing the Right of Way Agreement on behalf of GRANTOR warrants that the
GRANTOR is a limited liability company("LLC")duly organized and currently existing and in good
standing under the laws of Virginia and that he or she is duly and fully authorized as a
[manager/managing member/member]thereof to execute the easement on behalf of said LLC.
Execution of this Agreement is not prohibited, nullified, voided, or otherwise invalidated by the current
Operating Agreement or other documents of the LLC.
(Page 4 of 6 Pages)
DVPIDNo(s). 81-16-0038
Form No.721559-1(Mey 2013)
02016 Dominion Resources Services,Inc.
Right of Way Agreement
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.
IN WITNESS WHEREOF, GRANTOR has caused its nam be signed he by its duly authorized
agent on the date first above written.
By: A
Title: 4 414
State of Virginia
City/County of Albemarle County
The foregoing instrument was acknowledged before me this 27 day of 'ScA.7 , MAL
by Fe i k lik, S rucz' , who is the Na►itss e- ,
(Name of Signatory) (Title)
of DUNLORA 5, LLC
(Name of Limited Liability Company)
on behalf of the limited liability company.
l.ew►a Sr_ 11L
4.444.a_467.,_Notary Public(Print Name) Notary PubSignre)
Virginia Notary Reg. No. 1122.004 0 My commission expires: 71311ZQ2.0
(Page 5 of 6 Pages)
DVPIDNo(s).81-16-0038
Form No.721559-2(May 2013)
®2016 Dominion Resources Services,Inc.
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Reply to Customer Service Request
Dominion and Agreement for Underground Service
memi
Dominion Virginia Power
U Lopez Date: 7/12/2016
300 2nd Street SE
Charlottesville Va,22902
Thank you for your request for underground service made through your inquiry shown at right. Inquiry Date 5/26/2016
The work request number which has been assigned to your installation is shown at right and Work Request# 10052288
should be referenced when contacting Dominion Virginia Power about your service.
The underground service is to be furnished as follows. Customer U Lopez
Location 965 Rio Rd East
Work Description: New Backbone
The service characteristics will be approximately those shown below:
Service Panel Size N/A Amps 120/240 Volts 1 Phase 3 Wire,
Delta X Wye,60 Hertz A.C.
The available fault current at the service panel will be: N/A (Approximately Amperes symmetrical).
Applicable regulations and ordinances require the installation of a suitably rated service panel to interrupt this fault current. It is the
Applicant's responsibility to advise Applicant's contractor of the characteristics of the electricity to be provided so that proper equipment
may be installed.
Dominion Virginia Power will furnish such service in accordance with applicable terms and conditions of service filed with,and authorized by,the
State Corporation Commission of Virginia. It is the Applicant's responsibility to adhere to the requirements of Dominion Virginia Power's
published information and Requirements for Electric Service applicable in Virginia(the"Blue Book"). The Blue Book is available at a local
Dominion Virginia Power office or on-line at www.dom.com.
The underground service charae to install such underground service will be:
For your residence.
$0.00 For your development
To remove adequate overhead facilities.
To install underground facilities.
For non-residential service.
Other(Explain)
$0.00 Total
X No charge required(Explain) STANDARD UG TRENCHING CAN BE USED
The above cost has been estimated in good faith; however should unforeseen circumstances or Applicant change orders modify the magnitude
of the project, Dominion Virginia Power reserves the right to stop construction and/or amend the service cost. For such project changes,
additional construction charges, not to exceed$500 for residential customers or$1000 for non-residential customers,will be billed to Applicant
upon completion of the work. Additional construction charges in excess of the aforementioned amounts will require prior authorization from the
Applicant. Dominion Virginia Power may require payment of such additional construction charges prior to the completion of the service. It is the
Applicant's responsibility to inform Dominion Virginia Power of the possible presence of rock conditions or hazardous materials, etc.on the site
upon the initial request for service.
The applicant is responsible for the following items: removing, chipping, or otherwise disposing of debris produced by right-of-way clearing;
reseeding; resodding; landscaping; all current State mandated erosion control and sedimentation control and stormwater management
measures and authorizations, including coverage of Dominion's installation on the Virginia Stormwater Management Permit for the development
if required. Therefore,the above Charges do not include these services unless otherwise specified in this Agreement.
The necessary engineering and construction work is being scheduled to provide for connection of your Date TBD
service by the date shown at right. This completion date may vary slightly in the event of inclement weather
or emergencies.
Page 1 of 3 Form No.720931 (Nov.2004)
In order to install the underground facilities by the scheduled completion date, it will be necessary for you to Date TBD
complete the items below by the date shown at right.
Check as many as apply with"X"
x Install Company/Customer provided conduit for the area(s)contracted for hereunder.Ensure conduit Is free of obstructions
and install 1000#pull string.Conduits ends are to be capped and clearly marked.
X Locate and mark any privately-owned underground facilities which may be in the vicinity of Dominion Virginia Power's proposed
facilities route as shown on the attached sketch.
Cut and clear right-of-way as shown on the attached sketch.
X Execute and return the Company's easement for electrical facilities.
Install meter base and customer's conductors.
X Identify property line control points.
Obtain electrical inspection.
X Grade site to be at final elevation.
Execute an agreement for the Purchase of Electricity prior to the delivery of service.
Execute an agreement for the Purchase of Electricity prior to the construction of facilities.
X Other
ROCK EXCAVATION SHALL BE DONE BY CUSTOMER
SIGN AND RETURN TO JOHN M.SAMUELS
Applicant shall also be responsible for locating and marking any privately owned underground facilities which may be In the vicinity of
Company's proposed cable route as shown on the attached sketch. Dominion Virginia Power will not be responsible for damage done
to customer's underground facilities if their location Is not marked.
If Applicant's schedule will permit completion of these items before the required date, please contact the Dominion Virginia Power representative
identified below. In the event that the Applicant has not completed these items by the required date,connection of the Applicant's service will be
rescheduled and Applicant will be notified of the new scheduled completion date.
Dominion Virginia Power Representative John M.Samuels Telephone 434-987-1998
After the service cables have been installed, it shall be the Applicant's responsibility to adequately waterseal all cable and conduit entrances
(Including spares) in accordance with the latest edition of the National Electrical Code. The watersealing compound must be compatible with
the crosslinked polyethylene insulation on the service cables. An electrical inspection will also be required before Applicant's electric service
facilities are energized.
If any of the following occur before installation of the electric facilities required to provide one or more of the services for which Applicant has
contracted,then this Agreement will,as the case may be,terminate or be modified as to any service contracted for and for which electric
facilities have not been installed:
1 An electrical permit or similar required authorization from a government entity is not received within six(6)months of the date of this
Agreement.
2 The State Corporation Commission of Virginia(the"Commission")has terminated or modfied the electric service plan under which the
charges,terms or conditions for service under this Agreement have been established and Dominion Virginia Power(i)has filed a new
service plan with the Commission containing different charges or conditions and(ii)such new service plan has become effective.
3 Dominion Virginia Power has not received Applicant's payment and authorization within sixty(60)days from the date of this Agreement. In
this case,Applicant's request for service will automatically be cancelled without notice to Applicant.
In the event of termination of this Agreement for facilities not installed as outlined above, Dominion Virginia Power will provide such electric
service facilities as required under the provisions of a new agreement in accordance with Company's then applicable electric service plan and
charges as filed with the Virginia State Corporation Commission.
Page 2 of 3 Form No.720931 (Nov.2004)
If you agree to the foregoing,enclose the payment shown at right and return this signed Agreement in the Amount $0.00
enclosed return envelope. If we have not received your payment and authorization within 60 days from the
date of this Agreement,your request for service will be canceled.
Virginia Electric and Power Company d/b/a Dominion Virginia Power Accepted this
Signed By: do
-
(-wilder,Developer or Customer)
[JEnclosed is the payment of the service charge shown above for work request# 10052288
Please note: The signing of this form constitutes an agreement for the Installation of underground facilities only and Is not a formal
application for electric service. Please contact our Customer Service Center at 1-888-667-3000 to apply and have the electric service
turned on and placed in your name. If you have any questions,please contact me at the provided telephone number.
If you are excavating, REMEMBER to call Miss Utility before you dig at 811.
Page 3 of 3 Form No.720931 (Nov.2004)
i