ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 22, 2017

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ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 22, 2017 DATE: April 11, 2017 SUBJECT: Deed of Subterranean Easement Between the County Board of Arlington County, Virginia and

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 22, 2017 DATE: April 11, 2017 SUBJECT: Deed of Subterranean Easement Between the County Board of Arlington County, Virginia and Verizon Virginia, LLC, for the Installation, Operation and Maintenance of an Underground Telecommunications Line Across Portions of Long Bridge Park, 475 Long Bridge Drive, RPC# , , and C. M. RECOMMENDATIONS: 1. Approve the attached Deed of Easement ( Subterranean Easement ) between the County Board of Arlington County, Virginia and Verizon Virginia, LLC ( Verizon ), for the installation, operation, and maintenance of underground telecommunications facilities across portions of Long Bridge Park, RPC# , , and Authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to execute the Deed of Easement and any related documents, on behalf of the County Board, subject to approval as to form of the deed and documents by the County Attorney. ISSUES: There are no outstanding issues. SUMMARY: Verizon has requested that the County Board grant and convey to Verizon the attached Subterranean Easement for the installation, operation and maintenance of telecommunications facilities under the County s Long Bridge Park property from Long Bridge Drive to the CSX rail corridor abutting the Park. BACKGROUND: Verizon has requested that the County Board grant and convey to Verizon the attached Subterranean Easement for telecommunications facilities under the County s Long Bridge Park property. The County has installed the conduit to which the Subterranean Easement would grant Verizon access. DISCUSSION: The physical area of the Subterranean Easement is depicted on the plats attached to the Subterranean Easement. The location of the telecommunication line easement, shown on Vicinity Maps 1, 2 and 3 attached to this report, would run underground beneath the County s Long Bridge Park, from the public sidewalk and utilities easement on Long Bridge Drive and underground beneath the County s Part Parcel D and Parcel 15-B to the CSX rail corridor. County Manager: ##### County Attorney: ***** 17. Staff: Maxine Cholmondeley, DES Real Estate

2 The proposed Subterranean Easement specifically does not include the permission or right of Verizon to enter upon any portion of the surface of the County s property except upon receipt of written authorization from County. The County reserves the right to use the area of the Subterranean Easement for any reasonable purpose not inconsistent with the rights and permissions granted to Verizon, including, without limitation, the installation, maintenance, repair, relocation and replacement of structures and improvements of various nature, including a planned park berm, esplanade, esplanade wall, esplanade wall footers, fill, fencing, landscaping, asphalt, concrete, pavers, utilities, curb and gutter. FISCAL IMPACT: There will be no fiscal impact to the County for the conveyance of the easement.

3 Vicinity Map Su bteraneaneasement toverizonvirginiallcat LongBridgePark RPC# s , , INTERSTATE 395 GEORGE WASHINGTON GEORGE WASHINGTON MEMORIAL PKWY MEMORIAL PKWY BOUNDARY CHANNEL DR 395 U.S. ROUTE 1 INTERSTATE 395 HOV LANES INTERSTATE 395 HOV LANES INTERSTATE Su bteraneaneasement LONG BRIDGE DR Feet / Pu rsu ant tosection of thecodeof Virginia,any determinationof topography orcontou rs,orany depictionof physicalimprov ements,property linesorbou ndaries isforgeneralinformationonly andshalnot beu sedforthedesign,modification,or constru ctionof improv ementstorealproperty orforfloodplaindetermination. AerialPhotography 2015Commonwealthof Virginia Easement LocationsareApproximate. Mappreparedby ArlingtonCou nty GISMappingCenter Produ cedand Janu ary 2017

4 Vicinity Map Su bteraneaneasement toverizonvirginiallcat LongBridgePark RPC# s , , BOUNDARY CHANNEL DR LONG BRIDGE DR Su bteraneaneasement Feet / Pu rsu ant tosection of thecodeof Virginia,any determinationof topography orcontou rs,orany depictionof physicalimprov ements,property linesorbou ndaries isforgeneralinformationonly andshalnot beu sedforthedesign,modification,or constru ctionof improv ementstorealproperty orforfloodplaindetermination. AerialPhotography 2015Commonwealthof Virginia Easement LocationsareApproximate. Mappreparedby ArlingtonCou nty GISMappingCenter Produ cedand Janu ary 2017

5 Exhibit 3 Vic inity Map Su bter r aneaneas ement tover izonvir giniallcat LongBr idgepar k RPC# s , , RY CHA NNE L DR R Su bter r aneaneasement GE D BRI D NDA LON G B OU Feet / Pu r s u ant tosection of thecodeof Vir ginia,any deter minationof topogr aphy orc ontou r s,orany depic tionof physicalimpr ov ements,pr oper ty l inesorbou ndar ies isforgener alinfor mationonl y ands hal l not beu sedforthedes ign,modific ation,or c ons tr uc tionof impr ov ementstor ealpr oper ty orforfl oodpl aindeter mination. Aer ial Photogr aphy 2015Commonweal thof Vir ginia Eas ement Loc ationsar eappr oximate. Mappr epar edby Ar l ingtoncou nty GI SMappingCenter Pr odu c edand J anu ar y 2017

6 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & Real Property Code Numbers: , , & DEED OF EASEMENT This Deed of Subterranean Easement made this day of, in the year of 2017, by and between THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic, sometimes herein after referred to as Grantor or County Board, and VERIZON VIRGINIA LLC, a Virginia limited liability company, its successors in interest, assigns, and transferees, herein after called Grantee. RECITALS R-1 Grantor is the owner, in fee simple, of that certain parcel of real property, with improvements thereon, more particularly described in Exhibit A attached hereto (Real Property Code (RPC) Numbers (Part Parcel D) and (Part Parcel D) (collectively, Parcel D ), which is located and situated in Arlington County, Virginia, by virtue of a Special Warranty Deed, dated October 20, 2011, and recorded on October 21, 2011 in the land records of Arlington County, Virginia ( Land Records ) in Deed Book 4497 at Page 1553; and R-2 Grantor is the owner, in fee simple, of that certain parcel of real property, with improvements thereon, known as Parcel 15-B, Potomac Yard Arlington (RPC Number ) ( Parcel 15-B ), which is located and situated in Arlington County, Virginia, by virtue of a Deed of Resubdivision ( Deed of Resubdivision ), dated June 3, 2011, and recorded on June 7, 2011 in the Land Records in Deed Book 4464 at Page For the purposes of this Deed, Parcel D and Parcel 15-B are hereinafter together referred to as the Grantor s Property ; and R-3 By Deed of Easement dated October 10, 1991, and recorded in Deed Book 2492, Page 1364, among the Land Records, CSX Transportation, Inc., as successor in interest to the Richmond, Fredericksburg and Potomac Railroad Company, is the owner of an easement for railroad and related purposes (the Rail Corridor Easement ) on that certain parcel of real property known as Parcel 16 Potomac Yard North (RPC Number ) ( Parcel 16 ), which easement abuts a portion of Grantor s Property; and R-4 Grantor s Property is bounded, in part, on the west by Long Bridge Drive, previously known as Old Jefferson Davis Highway, within which Grantee s aerial communications lines are located; and R-5 Grantor s Property is bounded, in part, on the east by Parcel 16 over which the Rail Corridor Easement extends and within which some rail switching equipment owned by CSX Transportation, Inc., is located. Page 1 of 10 Prepared by Arlington County Department of Environmental Services 2100 Clarendon Blvd, Suite 800 Arlington, VA Return to: Verizon Virginia LLC Outside Plant Planning & Engineering Easements &Permits Dept Loudoun County Pkwy, F1-2, Ashburn, VA 20147

7 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & R-6 Grantee has requested t h a t the County Board grant and convey an easement to Grantee, under portions of Grantor s Property for the use of one subterranean communications c o n d u i t ( t h e C o n d u i t ) installed by Grantor for G r a n t e e s subterranean communications line(s) through Grantor s Property, all as more particularly shown on the plats attached hereto and made a part hereof, entitled "Plat Showing Verizon Easement on Parcel D, R.F. & P. R.R. CO. Property, Route 1 Industrial Area, D.B. 1018, PG. 112, D.B. 1075, PG. 497, Arlington County, Virginia, dated December 20, 2016, approved by Arlington County Bonds and Subdivision Administrator on, attached hereto and made a part hereof (the Parcel D Plat ); and Plat Showing Verizon Easement on Parcel 15B, Potomac Yard Arlington, D.B. 4464, PG. 1845, Arlington County, Virginia dated May, 17, 2016, approved by Arlington County Bonds and Subdivision Administrator on (the Parcel 15B Plat ). (The Parcel D Plat and the Parcel 15-B Plat are together referred to as the Plats ), and R-7 By Deed of Dedication for Public Street and Utilities Purposes and Deed of Easement dated June 22, 2016, and recorded as Instrument Number (the Deed of Dedication and Easement ) among the Land Records, The County Board of Arlington County, Virginia, is the owner of an easement for public sidewalk and utilities purposes (the Public Sidewalk and Utilities Easement ) on that certain parcel of real property known as Parcel D (RPC Numbers and ) as more particularly shown on the plat attached to the Deed of Dedication and Easement. W I T N E S S E T H: NOW, THEREFORE, for the sum of Ten Dollars ($10.00) cash in hand paid by Grantee to Grantor and for other good and valuable considerations, the receipt and sufficiency of which are hereby expressly acknowledged, Grantor and Grantee covenant and agree as follows: EASEMENT FOR SUBTERRANEAN LINE PURPOSES 1. Grantor hereby grants and conveys to Grantee, its successors, assigns and transferees, a permanent, non-exclusive right, privilege and easement (the Subterranean Easement ) to install, access, construct, operate, maintain, repair, test, inspect, improve, expand, alter, replace, and remove a subterranean communications system consisting of such underground cables, wires, innerducts, conduits, and related underground facilities, including, but not limited to, equipment housings, accessories and other appurtenances (the Improvements ), as Grantee may, in its reasonable discretion, from time to time require, under and through Grantor s Property. This Subterranean Easement is granted solely for the purpose of providing communications services to the railroad switching equipment located in the Rail Corridor Easement. Grantee shall have access to the Improvements only via the Long Bridge Drive public right-of-way, the Public Sidewalk and Utilities Easement Area, or the Rail Corridor Easement. Grantee does not have permission to perform any alteration work to the Improvements from any portion of the surface of Grantor s Property between the Public Sidewalk and Utilities Easement Area and the Rail Corridor Easement. Work by Grantee in the Long Bridge Drive right-of-way or the Public Sidewalk and Utilities Easement Area shall require Grantee to obtain a right-of-way permit from the County. The Subterranean Easement is comprised of a rectangular prism five (5) feet in height running between 5.75 feet and feet above the North American Vertical Datum of 1988 (NAVD 1988) zero (0) elevation, and five (5) feet in width running and being as shown and with the areas designated on the Plats as (i) Verizon Easement Hereby Granted, Area = 1,198 SQ. FT. ; and (ii) Verizon Easement Hereby Granted, Area = 760 SQ. FT. The Subterranean Easement hereby granted shall automatically terminate, without the necessity of any further action or notice by Grantor or Grantee, upon the occurrence of one of the following events: (i) communications service is no longer required via Page 2 of 10

8 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & the Improvements to the CSX Transportation, Inc. rail switching equipment and facilities as demonstrated by the non-use of the Improvements for a period of one year; or (ii) the termination the Rail Corridor Easement with CSX Transportation, Inc. 2. Grantor may use the Subterranean Easement for any reasonable purpose not inconsistent with the rights and permissions conveyed to Grantee by this Deed, provided that Grantor s use (including, but not limited to, above ground or below ground obstructions) does not interfere with Grantee s exercise of any of its rights hereunder. Grantor s planned uses shall include, without limitation, the installation, maintenance, repair, relocation and replacement of structures and improvements of various natures, including a planned park berm, esplanade, esplanade wall, esplanade wall footers, fill, fencing, landscaping, asphalt, curb and gutter, and other surface improvements for vehicular access. In the event such use(s) by Grantor invade(s) the Subterranean Easement and also interfere(s) with Grantee s exercise of any rights granted hereunder, then Grantee may, in its reasonable discretion, require the relocation of such of its Improvements as may be practicable to a new path designated by Grantor and acceptable to Grantee. Grantor shall reimburse Grantee for the cost of relocation of the Improvements to this new path. In connection with any such relocation, Grantor shall grant a new easement to Grantee and Grantee shall release and extinguish all of its rights granted hereunder with respect to the old subterranean easement. 3. Grantee shall install, maintain, operate, repair, replace and use the Improvements in a workmanlike manner and in strict compliance with the applicable statutes, ordinances, rules and regulations of all governing public authorities as such statutes, ordinances, rules and regulations are amended from time to time. 4. Grantor covenants that it is seized of Grantor s Property and has the right to convey the Subterranean 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. 5. All notices, delivery of documents and all other matters which are or may be required to be given by Grantor or Grantee (collectively, a Notice ) to the other party, shall be in writing, executed in the name of the entity giving the Notice by a person authorized to bind such entity, and delivered by United States certified mail, return receipt requested, or by national overnight courier service (such as Federal Express or United Parcel Services) with receipt certification by addressee, or by an equivalent personal hand delivery service, addressed to the recipient party as follows: If to Grantor: Real Estate Bureau Chief Arlington County, Virginia 2100 Clarendon Boulevard, Suite 800 Arlington, VA With copies to: County Manager Arlington County, Virginia 2100 Clarendon Boulevard, Suite 302 Arlington, VA Director Department of Parks, Recreation and Cultural Resources Arlington County, Virginia 2100 Clarendon Boulevard, Suite 414 Page 3 of 10

9 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & Arlington, VA If to Grantee: Manager, Network Engineering & Operations Wireline Network Operations & Engineering Verizon Virginia LLC Loudoun County Parkway, F1-2 Ashburn, VA Attn: Easements & Permits Notice shall be deemed effective upon delivery. Either party may, by like notice given at least ten (10) days before such change becomes effective, designate a new address to which such notices shall be sent. 6. Nothing in this Deed, nor any action taken by Grantor pursuant to this Deed, shall constitute or be construed as a waiver of either the sovereign immunity, governmental immunity, or other immunity of Grantor, or of its elected and appointed officials, officers and employees. 7. No provision of this Deed shall create in the public, or in any person or entity other than Grantee or Grantor, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for personal injury, property damage, or breach of contract pursuant to the terms of this Deed or otherwise. 8. Grantor s execution and delivery of this Deed shall neither constitute nor be deemed to be governmental approval for any actions or interests contemplated herein, nor any other governmental approval or consent required to be obtained by Grantee. Whenever, in this Deed, Grantor is required to join in, consent, give its approval, or otherwise act under this Deed, it is understood that such obligations apply to Grantor acting in its capacity as a property owner and not in its capacity as a governing authority. Nothing in this Deed shall be construed to waive any of Grantor's powers, rights or obligations as a governing authority or local governing body, whether or not affecting the Subterranean Easement, including, but not limited to its police power, right to grant or deny permits, right to collect fees, right to prevent, restrict or limit the entry upon and use of Grantor s Property, or any other power, right or obligation whatsoever. 9. Grantee hereby agrees that it shall be fully liable for any and all damages, losses, costs, expenses, and injuries to, or death of, persons or injury to, or loss of, property to the extent caused by Grantee, its employees, agents, contractors, or affiliates arising from the use of the Subterranean Easement, or from the exercise of the rights granted by this Deed, or the breach of any terms of this Deed, to the extent such damages, losses, costs, expenses and injuries or death are a result of the negligence or any misconduct of Grantee or its employees, agents, contractors, or affiliates. Grantee hereby agrees to indemnify, defend and hold harmless Grantor, and its elected and appointed officials, officers, employees, contractors, agents, successors and assigns, from any and all claims, demands, debts, actions, causes of action, suits, obligations, losses, costs, expenses, fees (including reasonable attorneys fees, disbursements, and litigation costs) and liabilities arising from or in connection with Grantee s use of the Subterranean Easement, exercise of the rights granted by this Deed, breach of any of the terms of this Deed, or injury or death to persons or damage to property resulting from entry upon or the use of the Subterranean Easement, or activities, or failure to act, of Grantee or its employees, agents, contractors, or affiliates related to, or arising out of, the exercise of permissions granted by this Deed, to the extent such claims, demands, debts, actions, causes of action, suits, obligations, losses, costs, expenses, fees Page 4 of 10

10 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & and liabilities are a result of the negligence or any misconduct of Grantee or its employees, agents, contractors, or affiliates. 10. No representation or statement, oral or written, other than those set forth in this Deed and documents incorporated herein by reference, shall be deemed to modify, add to, or change the terms of this Deed. All prior negotiations and discussions concerning the subject matter hereof shall be deemed superseded by, and integrated into, this Deed. 11. The agreements and covenants set forth in this Deed are not personal to Grantee and Grantor. The burden of such agreements and covenants shall run with Grantor s Property. The benefits of such agreements and covenants shall run with, and shall terminate upon the termination of, the Rail Corridor Easement, unless earlier terminating, automatically or otherwise, pursuant to the terms of this Deed. 12. The Subterranean Easement is subject to the rights of other third parties with interests in, or prior permissions to use, the Subterranean Easement volume. 13. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to choice of law principles. All legal actions instituted by Grantor or Grantee concerning, or arising out of, this Deed shall be brought only in the Arlington County General District or Circuit Court, and no other court. 14. This Deed shall be first executed by Grantee, and shall be effective, after approval by Grantor, upon the date it is executed on behalf of the Grantor, and delivered to Grantee. 15. Each individual signing on behalf of a party to this Deed states that he or she is the duly authorized representative of the signing party and that his or her signature on this Deed has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing. 16. The Recitals and Exhibits are incorporated by reference into this Deed. 17. The Improvements constructed hereunder shall be owned by and shall remain the property of the Grantee. Grantee shall have the right to inspect, access, rebuild, repair, and remove its Improvements, or any part thereof, within the Subterranean Easement volume, and may make such changes, alterations, substitutions, additions in and to, or extensions of its Improvements as it deems advisable without the prior consent of the Grantor. 18. Grantor covenants to construct the Conduit to Grantee s specifications within the Subterranean Easement volume granted herein. At such time as Grantee completes its final inspection of the Conduit and accepts the Conduit in writing, all right, title, and interest in the Conduit, free of any liens and encumbrances, shall transfer from Grantor to Grantee. Page 5 of 10

11 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & IN WITNESS WHEREOF, the following signature(s) and seal(s): GRANTOR: THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA By: Print Name: Print Title: COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON The foregoing instrument was acknowledged before me by, on behalf of The County Board of Arlington County, Virginia, as its authorized representative. WITNESS my hand and official seal this day of, My Commission expires: Notary Public My Commission number: [SEAL] Approved as to form: County Attorney Page 6 of 10

12 Verizon W.O. No.: YS 4A0FQ3A/ Project Name: Long Bridge Drive Arlington County Project No.: ROW Tracking No.: BCC , Rev. 5 Real Property Code Nos: , , & GRANTEE: VERIZON VIRGINIA, LLC By: Print Name: Print Title: COMMONWEALTH OF VIRGINIA COUNTY/CITY OF The foregoing instrument was acknowledged before me by, of Verizon Virginia, LLC, a Virginia limited liability company, as its authorized representative. WITNESS my hand and official seal this day of, My Commission expires: Notary Public My Commission number: [SEAL] Page 7 of 10

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 27, 2018

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 27, 2018 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 27, 2018 DATE: January 22, 2018 SUBJECT: Deed of Easement for Public Sidewalk and Utilities Purposes on Property Located at the Corner