COUNTY OF ALBEMARLE
Public Hearing to Consider Granting Natural Gas Line Easement
Public hearing to consider granting to the City of Charlottesville a natural gas line easement in public right-of-way on North Berkshire Road extended
Messrs. Tucker, Foley, Davis, Kamptner
LEGAL REVIEW: Yes
July 11, 2007
ACTION: X INFORMATION:
The segment of North Berkshire Road north of its intersection with Solomon Road (hereinafter, “North Berkshire Road extended”) has been an unimproved public right-of-way since it was dedicated to the County in 1960 as part of the Barterbrook Subdivision off of Hydraulic Road in the Jack Jouett Magisterial District. The natural gas line, along with the improved North Berkshire Road extended, will serve a townhouse development under construction on Tax Map and Parcel Number 60A1-34.
Goal 3: Develop Policies and Infrastructure to Address the County’s Growing Needs.
Virginia Code § 15.2-1800 requires that the Board hold a public hearing prior to conveying an interest in County-owned real property. The proposed 15-foot-wide natural gas line easement would allow the City of Charlottesville to install a natural gas line to serve a townhouse development under construction on Tax Map and Parcel Number 60A1-34. The easement is located within the County-owned right-of-way. However, it will not prevent North Berkshire Road extended from being accepted into the state system of secondary highways when its construction is completed.
After the public hearing, staff recommends that the Board approve the proposed easement and authorize the County Executive to sign the deed of easement on behalf of the County.
A – Proposed deed of easement
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map 60A1 (North Berkshire Road right-of-way)
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-811(C)(4).
DEED OF EASEMENT
THIS DEED OF EASEMENT, made and entered into on this _______ day of _________________________, 2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, and the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, Grantee.
That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY to the Grantee, subject to the terms and conditions set forth herein, the permanent easement of right of way (hereinafter, the “Easement”) to construct, maintain, operate, alter, repair, inspect, protect, remove, and replace certain natural gas line improvements, upon and across the public right of way known as North Berkshire Road in Albemarle County, Virginia, and more particularly described as follows:
Permanent natural gas line easement in the public right of way known as North Berkshire road, located off Solomon Road in Albemarle County, Virginia, as shown on the attached plat made by Thomas B. Lincoln Land Surveyor, Inc. dated December 2, 2005, last revised March 15, 2007, and identified as “New 15' Gasline Easement”; said roadway being dedicated to the public by recordation of a plat dated December 1960, of record in the Albemarle County Circuit Court Clerk’s Office in Deed Book 373, page 99.
This Easement shall be subject to the following:
1. The Grantee shall install the natural gas line improvements (hereinafter, the “Improvements”) within the Easement. The Improvements shall be underground, outside of the travel lanes of North Berkshire Road, and within five (5) feet of the outer boundary of the North Berkshire Road right-of-way.
2. The Grantee shall obtain all permits required by the Virginia Department of Transportation (hereinafter, “VDOT”) to authorize the Improvements to exist or remain within the North Berkshire Road right-of-way (hereinafter, the “Permits”) and shall comply with all applicable requirements of VDOT.
3. Until the Grantee quitclaims its interest in the Easement to VDOT or the Grantor as required in conjunction with VDOT’s acceptance of North Berkshire Road into the state system of secondary highways, the Grantee, at its sole expense, shall, promptly alter, change, adjust, relocate or remove the Improvements from the North Berkshire Road right-of-way if VDOT determines that such alteration, change, adjustment, relocation or removal is required in order for VDOT to accept North Berkshire Road into the state system of secondary highways. Neither the Grantor, VDOT, nor any other public entity shall be responsible or liable to the Grantee or its successors or assigns for any costs associated with such alteration, change, adjustment, relocation or removal of the then-existing Improvements. In addition, neither the Grantor, VDOT, nor any other public entity shall be obligated to compensate or reimburse the Grantee or its successors or assigns for any increased or decreased cost or value associated with either the Improvements or North Berkshire Road resulting from such alteration, change, adjustment, relocation or removal.
4. After VDOT has issued the Permits, the Grantee shall be subject to the following conditions, notwithstanding any quit claim of its interests to VDOT, and these conditions shall be covenants running with the land:
a. The Grantee, to the extent authorized by law, shall at all times indemnify and save harmless the Grantor, its employees, agents, officers, assigns, and successors in interest from any claim whatsoever arising from the Grantee’s exercise of rights or privileges stated herein.
b. In the event that the Grantor or a public entity other than VDOT (hereinafter, “such other public entity”) becomes responsible for the maintenance of North Berkshire Road and the Grantor or such other entity requires, for its purposes, that the Grantee alter, change, adjust, or relocate the Improvements, across or under North Berkshire Road, the cost to alter, change, adjust, or relocate the Improvements shall be the sole responsibility of the Grantee. Neither the Grantor nor such other public entity shall be responsible or liable to the Grantee or its successors or assigns for any costs associated with altering, changing, adjusting or relocating the then-existing Improvements as may be required herein. In addition, neither the Grantor nor such other public entity shall be obligated to compensate or reimburse the Grantee or its successors or assigns for any increased or decreased cost or value associated with either the Improvements resulting from such alteration, change, adjustment or relocation. The requirements of this paragraph 4(c) shall not apply if the Grantor, VDOT, or such other public entity is either required by law to pay for such costs or is authorized and elects to pay for such costs
The Grantor, acting by and through its County Executive, duly authorized by action of the Albemarle County Board of Supervisors on July 11, 2007, does hereby convey the interest in real estate made by this deed.
The Grantee, acting by and through its City Attorney, the City official designated by the City Manager pursuant to authority granted by resolution of the City Council of the City of Charlottesville, does hereby accept the conveyance of this easement, pursuant to Virginia Code § 15.2-1803, as evidenced by the City Attorney’s signature hereto and the City’s recordation of this deed.
WITNESS the following signatures.
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