HomeMy WebLinkAbout93-05ORDINANCE N0. 93-5
• GRANTING EASEMENT TO APPALACHIAN Power Company
Loving Field Property
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Adopted: 3/16/93
Effective: 3/16/93
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• 6. Appalachian will have the right of ingress and egress to and over above referred to
premises at reasonable times and in a reasonable manner, for the purpose of exercising and
enjoying the rights herein granted.
7. The Town of Pulaski reserves the right to use said lands in any way not inconsistent
with the rights herein granted, included but not limited to the use of the premises as recreational
facilities.
8. Nothing contained herein will excuse Appalachian Power Company from liability to the
Town for any third party or any injury to personal property by reason of Appalachian Power
Company's exercise of its rights hereunder. Appalachian Power Company, its successors and
assigns, by exercising any rights hereunder, must indemnify and hold harmless the Town and
defend it against any Gaims alleged to arise out of the exercise of any rights under this
easement.
This Ordinance is effective as of March 16, 1993, and is adopted by duly recorded vote
of the Town Council as follows:
Charles D. Crispin Ave
J. R. Schrader, Jr. Ave
Roy H. D'Ardenne, Jr. Aye
W. H. Schrader, Jr. Aye
Andrew L. Graham Aye
E. G. Black, Jr. Aye
Alma Holston Ave
Robert N. Glenn Aye
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ATTEST:
~.
Ru Harrell
Clerk of Council
By _
Gary C ancock, Mayor
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• ORDINANCE NO. 93-5
GRANTING EASEMENT TO APPALACHIAN POWER COMPANY
LOVING FIELD PROPERTY
WHEREAS, Appalachian Power Company applied to the Town of Pulaski, Virginia, for
an easement over the Town's Loving Field property in the County of Pulaski, for the purpose of
installing a tie line between Alum Spring Road and Robinson Tract Road along Route 639; and
WHEREAS, in accordance with Section 15.1-307, et sew., of the 1950 Code of Virginia,
as amended, the proposed easement was advertised and bids were received by the Town
Council sitting in regular session on March 16, 1993; and
WHEREAS, Appalachian Power Company was the sole bidder for said easement,
submitting a bid in the amount of one dollar,
WHEREAS, the Council finds that acceptance of such bid is in the public interest in that
the community of the Town of Pulaski and Pulaski County will be improved by the improvement
of Appalachian Power Company facilities in and around the Town of Pulaski;
NOW, THEREFORE, be it ordained by the Town Council of the Town of Pulaski,
Virginia, sitting in regular session on March 16, 1993, that Appalachian Power Company, its
successors and assigns, are hereby granted an easement across the property of the Town of
Pulaski, known as the Loving Field property, lying between Alum Spring Road and Robinson
• Tract Road in the County of Pulaski, on the following terms and conditions:
1. This easement is for forty (40) years.
2. This easement is for the construction of a 34.5 k volt tie line between Alum Spring
Road and Robinson Tract Road, along Route 739. Said tie line is to extend in a westerly
direction from Appalachian's existing pole numbered 474-63 to and including new pole
numbered 498-1248. The location of the said line will be in substantial compliance with a
certain plat entitled "Appalachian Power Company, Pulaski Division, Loving Field Tie Line,
Pulaski County, Route 639, Massie 8 Robinson District", dated November 19, 1992, labeled
Drawing No. SP.-4648P.
3. All poles and equipment will be placed so as to not to interfere with the use of the
Loving Field recreational facilities,
4. Subject to the above, Appalachian Power Company, its successors and assigns,
lessees and tenants, will have the right to construct, erect install, place, operate, maintain,
inspect, repair, renew, remove, add to the number of, and relocate, poles, with wires, cables,
crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures,
(hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from
time to time, across, through, or over the premises at the location shown on said plat.
5. By prior permission of the Town of Pulaski, which permission will not be unreasonably
• withheld, Appalachian may remove any trees, overhanging branches, or shrubbery which may
endanger the safety of, or interfere with the use of Appalachian's facilities.
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Notary Page
The State of Virginia
County of Pulaski
The foregoing ordinance was acknowledged before me this 16th day
of March, 1993, by Gary C. Hancock, Mayor and Ruth A. Harrell, Clerk
of the Town of Pulaski, VA.
Notary Public
~ 3~ ~~°t3
My Commission expires:
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• AEON O5IGPAGE 3`~~
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• I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia,
do hereby certify that the foregoing Ordinance No. 93-5 granting an easement
to Appalachian Power Co., Loving Field Property, is a true copy of the ordinance
set out and adopted by the recorded vote of the Town Council on March 16, 1993.
Ruth A. Harrell, Clerk of Council
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