PROVIDED HOWEVER, this consent is subject to the following conditions:

Transcription

1 N DAW DEPARTMENT O THE ARMY ONSENT TO EASEMENT STRUTURES THE HARBORS O APE HARLES NORTHAMPTON OUNTY, VIRGINIA WHEREAS, under authrity prvided by the Rivers and Harbrs Act f August 30, 935, and Sectin 07 f the River and Harbrs Act f 960, the hief f Engineers, US Army, apprved the imprvement f ape harles, Nrthamptn unty, Virginia, subject t certain lcal cperatin requirements, and including the prvisin that lcal interests furnish at n cst t the United States f America, all land, easements, and rights-f way fr imprvement and subsequent maintenance f the prject; and WHEREAS, the Twn f ape harles furnished certain land, easements and right-f-ways in 938 and by articles f a Lcal peratin Agreement signed by the Mayr f the Municipal rpratin f ape harles n 5 January 987, and the District Engineer, U S Army Engineers District Nrflk n 2 January 987, the Municipality irrevcably bund itself by furnishing, withut cst, t the United States, a 50 year easement and rights ver, Tract A, situated within Tax Map N 83A-A-9, ape harles Harbr, Nrthamptn unty, Virginia, by virtue f Easement Deed dated 6 July 987,and recrded at ape harles, Virginia n 6 July 987 in Bk 227 f Deeds at page 794; and WHEREAS, said easement grants t the United States the right f prir apprval fr any structures, excavatin, r fill t be lcated within the said easement area, which area is under the administrative cntrl f the US Army rps f Engineers, Nrflk District; and WHEREAS, On August, the mmnwealth f Virginia, Department f Transprtatin requested the United States grant cnsent t widen, deepen, and maintain a strm water drainage ditches t supprt the cnstructin f a 0003 mile radway additin t Bulders Lane, ape harles, VA, n the abve-identified Tract, NOW THEREORE, the United States hereby gives t The mmnwealth f Virginia, Department f Transprtatin, hereinafter referred t as the Grantee, cnsent t widen, deepen, and maintain existing strm water drainage ditches and cnstruct new strm water structures within the existing strm water drainage ditches upn the lcatins, all t flw in a westerly directin, and described n EXHIBIT "A", attached heret and made a part heref; PROVIDED HOWEVER, this cnsent is subject t the fllwing cnditins: The term f this cnsent begins n March 3, 206, and ends December, 208, and is revcable at will by the Secretary 2 It is understd that this cnsent is effective nly insfar as the prperty rights f the United States in the land t be ccupied are cncerned, and this cnsent des nt relieve the Grantee frm the necessity f btaining grants frm the wners f the fee and/r ther interests therein

2 2 N DAW Except as therwise specifically prvided, any reference herein t United States, Secretary, r US Army rps f Engineers, Nrflk District are defined as the Said Officer" and shall include their duly authrized representatives 4 The exercise f the privileges hereby cnsented t shall be withut cst r expense t the Department f the Army, under the general supervisin and subject t the apprval f the fficer having immediate jurisdictin ver the prperty, hereinafter referred t as "Said Officer" and subject t such regulatins as may be prescribed by the District mmander, Nrflk District, frm time t time 5 The Grantee shall supervise and maintain the said structure and cause it t be inspected at reasnable intervals, and shall immediately repair any damage fund therein as a result f such inspectin, r when requested by Said Officer t repair any defects Upn cmpletin f the installatin f said structure r the making f any repairs theret, the Premises shall be restred immediately by the Grantee, at the Grantee's wn expense t the same cnditin as that in which it existed prir t the cmmencement f such wrk, t the satisfactin f Said Officer 6 Any prperty f the United States damaged r destryed by the Grantee incident t the exercise f the privileges herein granted shall be prmptly repaired r replaced by the Grantee t the satisfactin f Said Officer, r in lieu f such repair r replacement, the Grantee shall, if s required by Said Officer and at his ptin, pay t the United States mney in an amunt sufficient t cmpensate fr the lss sustained by the United States by reasn f, damage t, r destructin f Gvernment prperty 7 The United States shall nt be respnsible fr damages t prperty r injuries t persns which may arise frm r be incident t the exercise f the privileges herein granted, r fr damages t the prperty f the Grantee, r fr damages t the prperty r injuries t the persn f the Grantee, r the persns f the Grantee's fficers, agents, servants, r emplyees r thers wh may be n said Premises at their invitatin r the invitatin f any ne f them arising frm gvernmental activities n r in the vicinity f the said Premises DELETED: and the Grantee shall hld the United States harmless frm any and all such claims 8 This instrument is effective nly insfar as the rights f the United States in the lands hereinabve described are cncerned, and the Grantee shall btain such permissin as may be required n accunt f any ther existing rights It is understd that this cnsent des nt eliminate the necessity fr btaining any Department f the Army permit which may be required pursuant t the prvisins f Sectin 0 f the Rivers and Harbrs Act f 3 March 899 (30 Stat 5; 33 US Sectin 403), Sectin 404 f the lean Water Act (33 US Sectin 344) r any ther permit r license which may be required by ederal, state, interstate r lcal laws in cnnectin with use f the Premises 9 The United States shall in n case be liable fr any damage r injury t the cnstructin herein authrized which may be caused by any actin f the Gvernment, under the rights btained in its easements, either hidden r knwn, r that may result frm future peratins undertaken by the Gvernment, and n claim r right t cmpensatin shall accrue frm such damage r injury, and if further peratins f the United States require the alteratin r remval f the structure herein authrized, the Grantee shall, upn due ntice frm the District mmander, Nrflk District, alter

3 N DAW r remve said structure withut expense t the Gvernment and subject t the supervisin and apprval f the fficer having jurisdictin ver the prperty and n claim fr damages shall be made against the United States n accunt f such alteratins r remval 0 The cnstructin and/r peratin, maintenance and use f said structure incident t the exercise f the privileges hereby granted shall be in such a manner as nt t cnflict with the rights f the Gvernment, nr t interfere with the peratins by the Gvernment under such rights, nr t endanger lives and safety f the public This cnsent may be terminated by the Secretary f the Army upn reasnable ntice t the Grantee if the Secretary f the Army shall determine that installatin t which cnsent is hereby granted interferes with the use f said land r any part theref by the United States, and this cnsent may be annulled and frfeited by the declaratin f the Secretary f the Army fr failure t cmply with any and all f the prvisins and cnditins f this cnsent, r fr nnuse fr a perid f tw years, r fr abandnment 2 Upn the relinquishment, terminatin, revcatin, frfeiture r annulment f the cnsent herein granted, the Grantee shall vacate the Premises, remve all prperty f the Grantee therefrm, and restre the Premises t a cnditin satisfactry t the fficer having immediate jurisdictin ver the prperty If the Grantee shall fail r neglect t remve said prperty and s restre the Premises, then, at the ptin f the Secretary f the Army, said prperty shall either becme the prperty f the United States withut cmpensatin therefr, r the Secretary f the Army may cause it t be remved and the Premises t be restred at the expense f the Grantee, and n claim fr damages against the United States r its fficers r agents shall be created by r made n accunt f such remval and restratin 3 The terms and cnditins f this cnsent shall extend t and be binding upn the heirs, successrs and assigns f the Grantee 4 The Grantee within the limits f its respective legal pwers shall cmply with all ederal, interstate, state and/r lcal gvernmental regulatins, cnditins r instructins fr the prtectin f the envirnment and all ther matters as they relate t real prperty interests granted herein 5 The Grantee shall nt remve r disturb, r cause r permit t be remved r disturbed, any histrical, archaelgical, architectural r ther cultural artifacts, relics, vestiges, remains r bjects f antiquity In the event such items are discvered n the Premises, the Grantee shall immediately ntify the District mmander, Nrflk District and the site and the material shall be prtected by the Grantee frm further disturbance until a prfessinal examinatin f them can be made r until clearance t prceed is authrized by the District mmander 6 All activities cnducted n the Premises shall cmply with all applicable ederal, state, cunty and municipal laws, rdinances and regulatins wherein the Premises are lcated 7 In accrdance with the Natinal Histric Preservatin Act, if any cultural and/r human remains are uncvered during cnstructin, the wrk is t be halted until the Said Officer s prject persnnel are ntified and the remains can be evaluated fr Natinal Register f Histric Places eligibility 3

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5 BAY REEK LL 07 ALLAN RANDLE KEK GAIL MINO- KEK 02 TOWN O APE HARLES VIRGINIA PORT AUTHORITY 0 Prpsed Rte New Lcatin 42 e6 t Ru ng i st i Ex GAIL MINO- KEK ALLAN RANDLE KEK Length = ~ Prpsed Rte 84 - Stne Rad RANK SERBO III O TRANSPORTATION VIRGINIA DEPARTMENT & T REALTY LL VIRGINIA PORT AUTHORITY Length = ~2000 Adding Turn Lanes and Grading GROVER THOMAS SHOWARD JR DEBRA A SHOWARD TOWN O APE HARLES LEROY THOMAS STEVENS LIMITED PARTNERSHIP VON ANON AMILY USAE Upland Dredge Depsit Dispsal Site Easement frm Virginia Prt Authrity, utlined in white ONONIE ATLANTI OMPANY GEORGE SAVAGE AMILY LI 04 VIRGINIA SAVAGE 006 BAY REEK LL BAY REEK LL d a s R e l r a h e p a d l -O BAY REEK LL e6 t u g R n i t s i Ex d Ra es rl ha ape d l -O Exhibit A ONONIE ATLANTI OMPANY 520 Right f Way Impacts Rute Old ape harles Rad VIRGINIA PORT AUTHORITY 006 BAY REEK LL 250 Virginia Department f Transprtatin Ta z we l l A v e erd n 4 -St 8 e t u R 02 d a r l i tra s a y Ba 006 BAY REEK LL 5 5 BAY REEK LL Twn f ape harles Ra n d l p ha v e Prpsed Rte 642 nnectr Prject Lcatin N ONONIE ATLANTI OMPANY ape harles Water Twer Prpsed Re-grading f Existing Ditch Length = ~ Nrth Arrw & Scale VIRGINIA PORT AUTHORITY Ma s na v e Length = ~ SALE 300 Legend ONONIE ATLANTI OMPANY 05 VDOT prpsed nsent t rss area highlighted in pink EASTERN SHORE PUBLI SERVIE OMPANY O VIRGINIA 006 BAY REEK LL 230 Length = ~ Existing Right f Way Existing Permenent Easement Existing Prperty Line BAY REEK LL BAY REEK AT BAY REEK LL 225 ape harles Nrthamptn unty Prpsed Limits f nstructin - ill ROBBEREHT SEAOOD IN HERMINA R ROBBEREHT OMMUNITY APE HARLES Prpsed Limits f nstructin - ut d a er r h s y Ba ASSOIATION IN Prpsed Right f Way/Permanent Easement Area RANK T NIO Existing Rte 642 t be Obscured t be Dnated ape harles Harbr 00 TOWN O APE HARLES JOSEPH W EHRER Bahama Rd PAULA A NIO 5 4 Prpsed Right f Way/Permanent Easement Area t be Acquired by VDOT Area Previusly Acquired 06 EDITH E JOHNSON ROSBY H JOHNSON KIMBERLY W EHRER 007 LAUREN A SEKAS 40 Prpsed Temprary Easement Area 05 ul cher St RAYMOND SALOPEK 205 SANDRA M SALOPEK Existing Rte T Be Imprved 5 2 i g St 200 t Length = ~ He ri ta ge Bay reek Resrt 35 Peach S t Ac re s 30 t be Dnated 003 SINLAIR TELEABLE IN EASTERN SHORE PUBLI SERVIE OMPANY O VIRGINIA Prpsed Temprary Easement Area NORTHAMPTON OUNTY 00 TOWN O APE HARLES SOUTH PORT INVESTORS LL 20 t be Acquired by VDOT Prperty Owner (White, Typ) Nect ari ne St Prpsed Rte New Lcatin Area t be Obscured Parcel Number 002 SOUTH PORT INVESTORS LL e t e r c n e r h s y TBa e n a el r h s y Ba N 0 Length = ~ Rute ape harles Rad ape harles, Virginia State Prject Number ,P0, R20, 50 UP 0339 ederal Prject Number STP-065-5(027) These plans are unfinished and unapprved and are nt t be used fr any type f cnstructin r the acquisitin f right f way Additinal easements fr utility relcatins may be required beynd the prppsed right-f-way shwn n these plans Imagery urtesy f the mmnwealth f Virginia cpyright 2009/200 Pl um St 05 St rawberr y St 25 e Lan rs nde -Be 67 e6 t Ru

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