| COUNTY
OF YORK

DEED OF EASEMENT
THIS DEED OF EASEMENT made and
entered into this ____ day of ___________, 1995, by and between _______________,
hereinafter referred to as "Landowner," and the County of York, Virginia,
hereinafter referred to as "County":
WITNESSETH :
That for and in consideration of
Ten Dollars ($10.00) cash in hand paid to the Landowner by the County and other good and
valuable consideration, the receipt of which is hereby acknowledged, the Landowner does
hereby grant and convey with General Warranty to the County and its successors and assigns
forever the following property:
Exclusive permanent drainage and
utility easements (the singular term "easement" when used hereinafter to include
the plural if applicable) for the installation, maintenance, operation, and repair of
drainage facilities and of utility lines, pipes, and facilities connected therewith, which
easements are beneath, upon, and over strips of land, in varying widths, which are shown
and designated on a certain plat, entitled "___________, COUNTY OF YORK,
VIRGINIA," dated __________, and made by ____________, and to be recorded
simultaneously herewith in the Clerk's Office of the Circuit Court of York County,
Virginia, to which plat reference is hereby made for a more particular description of the
easements hereby conveyed.
Landowner further understands and
agrees as follows:
1. All facilities, public works,
and appurtenances which are installed in or on said property now or in the future by or
for the County shall be and remain the property of the County and no charge shall at any
time be made by the Landowner for the use of the property occupied by the County or for
the privilege of constructing, maintaining and operating said facilities and the necessary
or appropriate appurtenances.
2. The County and its agents and
employees for the purpose of inspecting, maintaining or operating its facilities shall
have the right and easement of ingress and egress over any lands of the Landowner adjacent
to the described easement between any public or private roads and the described easement
in such manner as shall occasion the least practicable damage and inconvenience to
Landowner.
3. The County shall have the right
to inspect, rebuild, repair, change, alter and install such additional or substitute lines
or facilities within the easement herein granted as the County may from time to time deem
advisable or expedient, and shall have such rights and privileges as may be reasonably
necessary for the full enjoyment or use for any of the aforesaid purposes of the easement
and rights herein granted.
4. The County shall have the right
to trim, cut, and remove all trees, limbs, undergrowth, shrubbery, landscape plantings of
any kind, fences, buildings, structures, paving, or other obstructions or facilities
within said easement which it deems in any way to interfere with the proper and efficient
construction, operation, and maintenance of the facilities in or on said easement.
5. The County shall repair or
replace only ground cover now on the said easement which may be disturbed, damaged, or
removed as a result of the construction of any of the County's facilities, shall remove
all trash and other debris of construction or repair from the easement, and shall restore
the surface thereof to its original condition as nearly as reasonably possible, all
subject, however, to this exception, to-wit: that the County shall not be so obligated
when it would be inconsistent with the proper operation, maintenance or use of its
facilities.
6. Landowner reserves the right to
make use of the land subject to the rights herein granted, which use shall not be
inconsistent with the rights herein conveyed or interfere with the use of the said
easement by the County for the purposes aforesaid; provided, however, that all such use
shall be at Landowner's risk unless prior written approval of County is obtained and
provided further that this paragraph shall not apply to property conveyed in fee simple.
7. Whether or not the easement
herein conveyed is exclusive, no other party shall be granted the right to use or shall
use any part of the area within such easement for any purpose or in any manner until after
a review and a finding by the County in writing that such use will not be in conflict
with, or inconvenient to, the County's use thereof or the purpose for which such easement
was granted.
8. Nothing herein shall be deemed
to prohibit the placement of structures including fences within the easement by property
owners of the underlying fee without prior approval of the County; provided that any such
improvements shall be placed at the risk of the property owner and the County shall have
the right to remove any such improvements should they interfere with the rights granted
the County herein; and further provided that any such improvements shall be in conformance
with all other County ordinances.
9. Landowner has seen and carefully
examined a copy of the hereinabove-described plat, is entirely familiar with the quantity
of the land covered by this conveyance, and fully understands the effect that it will or
might have on the value of the remaining property.
10. Any easement or right granted
the County hereunder is intended to be and shall be usable by and for the benefit of the
County as such and also any sanitary district, authority, or any other County agency or
entity operated solely or partially for the benefit of the citizens of York County or any
portion thereof, which such other agency or entity shall enjoy all of the privileges
herein granted to the County as such.
11. The County may from time to
time grant the right to others to locate facilities serving the public within the easement
hereby conveyed, including but not limited to electric, telephone or gas utility
facilities.
That this instrument covers all the
agreements between the parties and no representations or statements, verbal or written,
have been made which are inconsistent with the terms of this deed.
WITNESS the following signatures
and seals:
By: ___________________________
Title: ________________________
COMMONWEALTH OF VIRGINIA
County of York, to-wit:
I, _______________________, a
Notary Public for the Commonwealth of Virginia at large, do hereby certify that
_____________________________, whose name is signed to the foregoing deed, bearing date of
the ____ day of ________, 1995, has acknowledged the same before me in the jurisdiction
aforesaid.
Given under my hand this ____ day
of _________________, 1995.
_______________________________
Notary Public
My commission expires:
_________________________________
Approved as to form:
___________________________
County Attorney
The County of York, Virginia,
acting by and through its County Administrator, he being thereto duly authorized by
Resolution No. R89-28, adopted by the York County Board of Supervisors on the 19th day of
January, 1989, does hereby accept the conveyance of the interest in real estate made by
this deed.
COUNTY OF YORK, VIRGINIA
By:________________________
County Administrator
COMMONWEALTH OF VIRGINIA
County of York, to-wit:
I, _______________________, a
Notary Public for the Commonwealth of Virginia at large, do hereby certify that Daniel M.
Stuck, County Administrator, whose name is signed to the foregoing deed, bearing date of
the ____ day of _______________, 1995, has acknowledged the same before me in the
jurisdiction aforesaid.
Given under my hand this ____ day
of _________________, 1995.
_____________________________
Notary Public
My commission expires:
_________________________________ |