SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i May 28, 2013 11. ACCEPTANCE OF A SANITARY SEWER EASEMENT FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION Attached for your review and consideration please find a proposed deed of easement, prepared by staff of the Attorney General of Virginia, dedicating a 25 sanitary sewer easement across their property at 25318 New Market Road. This easement will facilitate construction of a new sewer force main originating at the pump station under construction at the Turner Tract and terminating at the interceptor pump station at the end of New Market Road. The Department of General Services determined that $1,000.00 and provision of a future connection point (highly unlikely that they ll ever exercise that option) are acceptable consideration. It is necessary for the Board to adopt the attached resolution accepting the dedication of the easement. MOTION REQUIRED: A motion is required to adopt the attached resolution. 1
BOARD OF SUPERVISORS SOUTHAMPTON COUNTY, VIRGINIA RESOLUTION 0513-11 At a meeting of the Board of Supervisors of Southampton County, Virginia, held in the Southampton County Office Center, Board of Supervisors= Meeting Room, 26022 Administration Center Drive, Courtland, Virginia on Tuesday, May 28, 2013 at 7:00 p.m. PRESENT The Honorable Dallas O. Jones, Chairman The Honorable Ronald M. West, Vice Chairman The Honorable Alan W. Edwards, Jr. The Honorable Carl J. Faison The Honorable S. Bruce Phillips The Honorable Barry T. Porter The Honorable Glenn H. Updike IN RE: ACCEPTANCE OF AN OFFER OF DEDICATION OF A 25 & VARIABLE SANITARY SEWER EASEMENT CROSSING TAX PARCEL 77-73B, PROPERTY FOUND IN THE NAME OF COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION (F/K/A DEPT. OF HIGHWAYS) LOCATED AT 25318 NEW MARKET ROAD, FRANKLIN MAGISTERIAL DISTRICT, SOUTHAMPTON COUNTY, VIRGINIA Motion by Supervisor : BE IT RESOLVED that the Board of Supervisors of Southampton County, Virginia hereby accepts the offer of dedication of a 25 sanitary sewer easement from the Commonwealth of Virginia, Department of Transportation (F/K/A Dept. of Highways) as shown on a plat prepared by S.V. Camp, III & Associates, Inc., dated December 6, 2012, entitled, PLAT SHOWING LOCATION OF THE PROPOSED TURNER TRACT OFF SITE 25 & VARIABLE SANITARY SEWER EASEMENT CROSSING TAX PARCEL 77-73B, PROPERTY FOUND IN THE NAME OF COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION (F/K/A DEPT. OF HIGHWAYS) LOCATED AT 25318 NEW MARKET ROAD, FRANKLIN MAGISTERIAL DISTRICT, SOUTHAMPTON COUNTY, VIRGINIA, SCALE 1 = 100, DECEMBER 6, 2012 ; and 2
Resolution 0513-11 May 28, 2013 Page 2 BE IT FURTHER RESOLVED that the County Administrator is authorized to execute the Deed of Easement, approved as to form by the County Attorney, indicating the Board s acceptance of the offer of dedication. Seconded by Supervisor. VOTING ON THE ITEM: YES - NO - A COPY TESTE: Michael W. Johnson, County Administrator/ Clerk, Southampton County Board of Supervisors 3
Consideration: $1.00 The Commonwealth of Virginia, Department of Transportation is exempt from the payment of a Grantor s tax under 58.1-802 of the Code of Virginia by virtue of 58.1-811(C)(4) of said Code and is exempt from the payment of any Clerk s fee by virtue of 17.1-266 of said Code. DEED OF EASEMENT This DEED OF EASEMENT is dated the 13 th day of May, 2013, by and between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION (f/k/a Department of Highways), hereinafter called Grantor, and the COUNTY OF SOUTHAMPTON, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter called Grantee. WITNESSETH That for the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in accordance with Section 2.2-1151 of the Code of Virginia (1950), as amended, Grantor grants unto Grantee, its successors and assigns, the nonexclusive, perpetual right, privilege, and easement of right-of-way, twenty-five (25) feet in width, to lay, erect, construct, operate, maintain and repair one or more sanitary sewer lines and all equipment, accessories and appurtenances necessary in connection therewith, hereinafter called the Facilities, for the purpose of transporting sanitary sewage under and across the lands of the Grantor situated in the County of Southampton, Virginia, said easement being shown as "25' Sanitary Sewer Easement" on a plat prepared by S.V. Camp, III & Associates, Inc., dated December 6, 2012, entitled, PLAT SHOWING LOCATION OF THE PROPOSED TURNER TRACT OFF SITE 25 & VARIABLE SANITARY SEWER EASEMENT CROSSING TAX PARCEL 77-73B, PROPERTY FOUND IN THE NAME OF COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION (F/K/A DEPT. OF HIGHWAYS) LOCATED AT 25318 NEW MARKET ROAD, FRANKLIN MAGISTERIAL DISTRICT, SOUTHAMPTON COUNTY, VIRGINIA, SCALE 1 = 100, DECEMBER 6, 2012 (the "Easement"), a copy of which plat is attached hereto and made a part hereof as Exhibit A; being part of that same real estate acquired by Grantor by deed dated December 12, 1968, recorded in the Clerk's Office, Circuit Court of Southampton County, Virginia in Deed Book 186, Page 835. The Easement is subject to all existing easements, rights-of-way, covenants, encumbrances and restrictions of record, and is further subject to the following conditions: A. The Facilities constructed shall remain the property of Grantee. Grantee shall have the right to inspect, rebuild, remove, repair, improve, and make such changes, alterations, additions to or extensions of its Facilities within the boundaries of the Easement as are consistent with the purpose expressed herein. Page 1 of 7 4
All construction, maintenance, equipment and Facilities shall comply with all applicable laws, ordinances, codes and regulations. B. Upon completion of any activity by Grantee upon the Easement, Grantee shall restore the same as nearly to its original condition as practicable, including backfilling of trenches, reseeding or resodding of lands, replacement of equipment and facilities of Grantor, removal of trash and debris, and removal of any of Grantee s equipment, accessories or appurtenances not consistent with the construction, maintenance or operation of the Facilities or the exercise of any rights or privileges expressed herein. Grantee shall maintain the Easement and the Facilities in such repair as not to endanger or otherwise limit the enjoyment or use of Grantor s property and adjacent properties. C. Grantee shall have the right to trim, cut and remove trees, shrubbery or other natural obstructions on, under or over the Easement which interfere with or threaten the efficient and safe operation, construction or maintenance of the Facilities. All trees cut by Grantee shall remain the property of Grantor. All brush, branches, and other debris resulting from any cutting, trimming, or clearing of the Easement shall be removed from lands of Grantor and disposed by Grantee. D. Grantee shall have the right of ingress to and egress from the Easement over the lands of Grantor as may be necessary to exercise Grantee s rights herein. Grantee shall exercise such right in such manner as shall not occasion injury or inconvenience to Grantor. Grantee shall at Grantor s election pay for or repair any injury to any of Grantor s land, structures, roads, fences, and other improvements caused by Grantee, its employees, agents or contractors. Grantee shall notify Grantor immediately of any such injury and shall make said payment or repair within thirty (30) days after such election by Grantor; provided, however, that if such injury results in an on-going hazardous condition or a material loss of use of Grantor s property (such as, by way of illustration and not by limitation, a disruption of any utilities or loss of access to Grantor s property) then Grantee shall immediately remedy the hazardous condition or material loss of use. E. Grantor, its successors and assigns, may use the Easement for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with the safe and efficient construction, operation or maintenance of the Facilities, and further provided that such use is not inconsistent with any laws, ordinances or codes pertaining to the construction, operation or maintenance of the Facilities and to which the Grantor is subject. F. Grantee covenants and agrees to indemnify, defend and hold Grantor, its employees and agents, harmless from and against any claims of injury to any persons or property and from and against any other liability of any nature whatsoever to the full extent authorized by Virginia law resulting from the installation, operation, maintenance, replacement, repair, removal or use of any of the Facilities or the connection to other utility facilities on or adjacent to the Page 2 of 7 5
easement or in any way arising out of Grantee s exercise of any rights herein granted. Grantee agrees that Grantor, its employees and agents, shall not be responsible for claims of injury to any persons or property or any other liability of any nature whatsoever resulting from the installation, operation, maintenance, replacement, repair, removal or use of any of Grantee s Facilities or in any way arising out of Grantee s exercise of any rights herein granted, unless such injuries, damage or liability are caused by the negligence of Grantor, its employees or agents and the Grantor is liable for such acts under the Virginia Tort Claims Act. No person or entity, whether the Grantee, a general contractor, a subcontractor or a maintenance contractor shall commence the construction, installation, or maintenance of the Facilities unless and until such person or entity has obtained the insurance coverage set forth below from an insurer licensed to do business in Virginia and such insurance is maintained and in effect at all times during the performance of any construction, installation or maintenance of the Facilities. Grantee may fulfill its insurance obligations under this paragraph F through its funded program of self-insurance, which fund will respond to liability of Grantee imposed by and in accordance with procedures established by law. 1. Workers Compensation and Employers Liability Insurance covering all workers or employees engaged in the construction, installation or maintenance of the Facilities, and in amounts not less than the minimum required by the Code of Virginia and other applicable laws and regulations; and in case any of the work is sublet, each subcontractor shall, similarly, provide Workers Compensation and Employers Liability Insurance for all of the subcontractor s workers and employees to be engaged in such work. 2. Comprehensive Commercial General Liability (CGL) occurrence-based (not claims-made) insurance to include broad form Personal Injury and Property Damage Liability coverage insuring against claims for personal injury, including death, as well as against claims for property damage, which may arise from the construction, installation and/or maintenance of the Facilities and related operations authorized under this Deed of Easement or under any construction contract related thereto. The amounts of such Commercial General Liability insurance shall be not less than $1,000,000.00 per occurrence with a $3,000,000.00 combined single limit. The Commonwealth of Virginia shall be named as an additional insured party in such policy. 3. Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000.00 per occurrence/aggregate, including property damage, covering all owned, non-owned borrowed, leased, or rented vehicles operated by a contractor, sub-contractor, maintenance contractor, or other entity undertaking work on the Easement. In addition, all mobile equipment used by any contractor, sub-contractor, maintenance contractor, or other entity undertaking work on the Page 3 of 7 6
Easement in connection with the contracted work, will be insured under either a standard Automobile Liability policy, or a Comprehensive General Liability policy. G. If Grantee at any time discontinues use of all or any portion of the Easement herein conveyed for a period of one year, all the Grantee s rights and interest in said Easement or portion thereof shall immediately terminate and revert to Grantor, its successors and assigns, and Grantee shall at its expense remove any Facilities and restore Grantor s property as nearly to its original condition as practicable and, on written request by Grantor, Grantee shall quitclaim and release same. H. If Grantor at any time deems it necessary or advisable to relocate for Grantor s convenience any of Grantee s Facilities installed and used pursuant to this Deed of Easement, Grantee shall relocate, at the sole cost of Grantee, such Facilities to a route or place acceptable to Grantor, provided Grantor for no additional consideration shall grant unto Grantee such easement as may be necessary to effect such relocation, subject to the same rights, privileges and conditions, as herein set forth. Upon relocation of any of the Facilities from any portion of the Easement hereby granted, the Easement for or over that portion of the land no longer used by Grantee shall automatically terminate, and all rights, title and interest therein shall revert to Grantor. I. Grantee shall connect and install, no later than thirty (30) days after Grantor makes application therefor, a tap main or meter to allow Grantor to connect its facilities to the sanitary sewer line to be located within the easement. Grantee shall waive any applicable connection or tap fee. Grantor shall be responsible for all other costs to connect its facilities to the tap main or meter installed by Grantee. [Signature Page to follow] Page 4 of 7 7
WITNESS the following signatures and seals. Grantor: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION By: Lisa M. Pride, Acting Director Administrative Services Division COMMONWEATLHH OF VIRGINIA CITY/COUNTY OF, to-wit: The foregoing Deed of Easement was acknowledged before me this day of, 2013 by Lisa M. Pride as Acting Director, Administrative Services Division of the Commonwealth of Virginia, Department of Transportation, on behalf of the agency. My commission expires: Registration No. Notary Public Page 5 of 7 8
The foregoing conveyance is hereby accepted by the County of Southampton, Virginia, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance on behalf of the County, as evidenced by Resolution, adopted by the Southampton County Board of Supervisors on, 2013 (copy attached as Exhibit B). WITNESS the following signature: Grantee: COUNTY OF SOUTHAMPTON, VIRGINIA By: Michael W. Johnson County Administrator COMMONWEATLHH OF VIRGINIA CITY/COUNTY OF, to-wit: The foregoing Deed of Easement was acknowledged before me this day of, 2013 by Michael W. Johnson as County Administrator of Southampton County, Virginia on behalf of the County. My commission expires: Registration No. Notary Public APPROVED AS TO FORM: Southampton County Attorney's Office Page 6 of 7 9
OFFICE OF THE ATTORNEY GENERAL Approved as to Form: By: Assistant Attorney General RECOMMEND APPROVAL: DEPARTMENT OF GENERAL SERVICES By: Director APPROVED BY THE GOVERNOR: Pursuant to 2.2-1151 of the Code of Virginia (1950), as amended, and by the authority vested in me to act for and on behalf of the Governor of Virginia under Executive Order 88 (01) dated December 21, 2001, I hereby approve this easement and the execution of this instrument. Date Secretary of Administrator Page 7 of 7 10
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