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Home My WebLink About95-41Ordinance No. 95-41 • Ordinance Authorizing an Easement Agreement with Virginia Gas Pipeline Company for Easements Near Gatewood Dam and Loving Field • Adopted: December 19, 1995 Effective: December 19, 1995 • 313 Ordinance No. 95- 41 ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT WITH VIItGINIA GAS PIPELINE COMPANY FOR EASEMENTS NEAR GATEWOOD DAM AND LOVING FIELD BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on December 19, 1995, that Mayor and/or Town Manager are hereby authorized to execute an easement agreement with Virginia Gas Pipeline Company, upon terms and in a form substantially similiar to those attached hereto. Said Agreement is to be effective as of January 1, 1996. This Ordinance is effective on adoption, and is adopted by duly recorded vote of the Town Council on December 19, 1995 as follows: John A. Johnston Aye John W. Stone Aye Roy H. D'Ardenne, Jr. Aye W. H. Schrader, Jr. Aye W. Edgar Hale Ave E. G. Black, Jr. Aye Alma Holston Aye Bettye H. Steger Ave • ATTEST: 7T~.~.-/C.. Ruth Harrell Clerk of Council By •~•`' A DREW L. GRAHAM, JR., Mayor 314 GAS PIPELINE EASEMENT AGREEMENT This Easement Agreement is made between the TOWN OF PULASKI, VIRGINIA, a municipal corporation, Grantor, VIRGINIA GAS P/PEUNE COMPANY, a Virginia Corporation, P.O. Box 2407, Abingdon, VA 24212, Grantee, with an effective date of January 1, 1996. 1. In consideration of the benefits that will accrue to its citizens, and in further consideration of the sum of Two Thousand Three Hundred Twenty Four Dol{ars ($2,324.00), the receipt of which is acknowledged, the TOWN OF PULASiKI, V/RG/N/A, a municipal corporation, Grantor, does hereby grant and convey with Special Warranty of Title, an easement unto VIRGINIA GAS P/PEUNE COMPANY, a Virginia Corporation, P.O. Box 2407, Abingdon, VA 24212, Grantee, over certain real property of the Town located outside municipal limits in Pulaski County, Virginia, more particularly described as follows: Parcel 1: A certain tract or parcel of land in the vicinity of Gatewood Dam, shown on current tax maps as parcel No. 079-0000-04 & 05. Parcel 2: A certain tract or parcel of land in the vicinity of Loving Field Recreational Area, shown on current tax maps as parcel No. 054-001-0000-41. 2. The easement granted is for the purpose of laying, constructing, maintaining, operating, altering, replacing, inspecting, patrolling, servicing, repairing, and removing pipelines (not to exceed two (2) in number) together with drips, valves, fittings, and other devices appurtenant to and necessary for the proper construction and operation of such pipelines for the transportation of natural gas. No other product may be transported through said pipelines without the express prior consent of the Town. 3. The Grantee is granted an easement fifty feet (50') in width. The pipelines will be centered within the right-of--way as closely to the extent reasonably possible. The easement path or right-of-way will be adjacent to existing easements across the same properties which are held by East Tennessee Natural Gas Company for existing pipelines. The location of the easement granted herein to Virginia Gas Pipeline Company is shown on plats or drawings attach as exhibits A and B, with Peak Creek Crossing #58 and dredging shown on drawings attached as Exhibits C and D, which are incorporated herein by reference. 4. Ingress and egress for the construction or maintenance of said pipeline shall be within the limits of the easement area unless the Town, through its Town Manager, otherwise consents in writing; provided, however, that this clause shall not restrict the right of the Grantee to use public roads and property in the same manner allowed the general public. Town of Pulas~ryinia Gas Co. Easement Agreement Page 1 5. The Grantee agrees to construct and maintain any pipelines or associated installations in compliance with all applicable building codes, safety specifications, and all laws and governmental regulations, including but not limited to environmental impact restrictions. The Grantee agrees to bury all pipelines, unless otherwise agreed, to a minimum depth of thirty six inches (36") except that when in consolidated rock, the minimum depth shall be twenty four inches (24"). Grantee agrees to restore any fences to their original condition or better and to restore any disturbed land as nearly as practical to its original condition upon completion of construction to the extent compatible with the purpose for which the easement is granted. Any crossing of the waters of Peak Creek or any tributaries thereof will be in accordance with the specifications of the Virginia Marine Commission. 6. The Grantee will have the right to clear and keep clear al{ timber, trees, and undergrowth on or overhanging the right-of--way of this easement, provided, that any defoliants or other toxic chemicals may not be applied without the prior consent of the Town Engineer. The Town reserves the right to require the Grantee to remove any cut or fallen trees or brush. The Grantee will keep the easement area free of rubble, debris, or any materials or substances that may consitut a nuisance. The Town reserves the right to sell any marketable timber and/or hardwood that is cut. No such timber or hardwood will be removed from Town property until the Town declines to remove it. If the Town decides to self it, it will do so in a timely manner, so as not to • interfere with the Grantee's easement. If the Town declines the opportunity to sell it, the Grantee will remove the same upon request of the Town but may sell it without further payment to the Town. 7. The Town, its successors and assigns, reserves the right to fully use and enjoy the said premises except as the same may interfere with the right herein granted. 8. The Town reserves the right to enter onto the easement area for the purpose of inspecting the same for compliance with this agreement, and may authorize other governmental bodies or agencies to do the same. 9. Grantee will construct and maintain the pipelines and utilize its easement in such a way that it does not interfere with or cause damage to the use of existing roads, the flow or impoundment of the waters of Peak Creek, the use of Peak Creek by the Town as a source of drinking water, the recreational use of the Gatewood parcel and Peak Creek, and the use of the remaining portion of the Loving Field parcel for recreational and other public uses. 10. The Grantee agrees to indemnify, hold harmless, and defend the Town from any and all claims for any alleged loss, injury, or damage to person or property, arising out of the construction, maintenance, or operation of the pipelines or the exercise of any right granted hereunder. Town of Pulas~rglnia Gas Co. Easement Agreement Page 2 11. This agreement is subject to any and all matters of public record. This easement may be subject to the rights of other easement holders, including but not limited to other gas or utility companies. The Grantee will take no action to interfere with the rights of such other easement holders. 12. The Grantee agrees at all times to maintain liability insurance in a form acceptable to the Town Manager and with a carrier authorized to do business in Virginia, with limits not less than the existing policies of one million dollars ($1,000,000.00) per person/occurance and eight million dollars ($8,000,000.00) umbrella. In addition to standard coverages for injuries or damages caused by the Grantee to the Town or third parties, such policy must be endorsed to provide coverage for pollution or other environmental damages aring out of the construction, maintenance, or operation of the pipelines or the exercise of any right granted hereunder. It is expressly agreed by the Grantee that any damages to the Town, its citizens and businesses, will be deemed direct damages and not remote or consequential damages. 13. The term of this easement will be forty (40) years, provided, however, that this easement will terminate if: (a) at least one pipeline is not made operational within sixty (60) months from the date of this agreement; or, 'i (b) if active use of all pipelines is thereafter ceased for one hundred eighty consecutive days; or, (c) if Grantee defaults in any term of this agreement and does not cure such default within thirty (30) days of the mailing of a notice of default to the address above. 14. Upon termination of this easement, the Grantee will remove all pipelines and associated installations and will restore any disturbed land as nearly as practical to its original condition. 15. This agreement may not be assigned by the Grantee without the prior written consent of the Pulaski Town Council by recorded vote in open session. 16. No amendment to this agreement will be effective unless in writing and approved by all parties. Any such amendment may require advertisement. 17. In the event of a default, the nondefaulting party. will be entitled to all rights and remedies allowed in law or equity, including but not limited to injunctive relief, specific pertormance, damages, attorney fees, and court costs. Such remedies shall be deemed cumulative and may be exercised simultaneously or in any sequence deemed proper by the nondefaulting party. Town of Puiasl~~rinia Gas Co. Easement Agn3ement Page 3 Witness the following signatures and seals the year and day this o2~ day of ~, • 1996. Town of Pulaski, Virginia ey: ~ ~^ Title: Virg' is s Pipe " Compa ay: ~ Title: ~/~ COMMONWEALTH OF VIRGINIA COUNTY OF PULASKI, to-wit The foregoin instrument was acknowledged before me this ~ ~~day of ~,~ ~, , 1996, by y'~oin rr S ,u . ~ ~ ~ ; ~ ~ ~ , a duly authorized agent of the Town of Pulaski, Virginia, acting in its name and on its behalf. My commission expires: ~~ 3 /- 5-7 Notary Public • COMMONWEALTH OF VIRGINIA COUNTY OF PULASKI, to-wit The foregoing instrument was acknowledged before me this ~ day of mA ~ , 1996, by ,a~fb~, ~. ~ooi~~ a , a duly authorized agent of Virginia Gas Pipeline Company, acting in its name and on its behalf. My commission expires: 3 -3 i- 9 $ Notary P is Town of Pu/as~rginia Gas Co. Easement Agreement Page 4 l pw~. -- o' as Co~,panY ~. 1 0 ~ ~ Virginia G Li:- ~/' 1 6 tb~ ' ~ , N `~.. _ , ~' _, 1 r, . .__ y• ~ 1 ~ t ~ 636 ~ `,, \ ~ ' 1 ~ ~~~~~, 1 i .1 ` ~, • ~ ~ ~ Town ° propectY ~ 1 -~ ~,, . ~ ~~ ~~~ Feld 54,1_41 :Z 17.0 ; ~ `: ~ ~` ~ -~ovir•9 ~ ~ ~ ~ ~ ~ ,~ aX Map # 1 ' / .• .. ~ r \ - q ~' .. , . . \ ~- I 1 i ~. -., 175 •r _ - • ~ • j ,••.• ~Gi ~ ifi a ,~~11,prop o; Row ~y EXis pn haw, , : '° , ~ -'._ ~ ) ~ ~ :~/ ~`~~~ •, . ~ `~~/ ~ .`"~_ ~ ``,:,~ , • •~ ~ `' ,`• ~',~ a •„~ • .~ ~,:: J ~, ' ~ ~ 1 . t QUO ,; ,•- , • , i:~ ~~~~ ,~. ;~ , ~ 't • ; s =~. , =; \..- ,..%f }: ;'~ fat .~ ,"~ .f + ../ 1 ~~ ~ ``~ arryl `~ '~ •, ~ ~ ' __ ~v~; . ~ Virginia Gas Company t,,.,.. '`J t ylt`~~i ~ - - ~ p V , A lw-~' ~ 4 l ` M / / 1 t : ~~ •_-~,• ~ ~~, ~t` f ~~~ ~ -fit, `~--~~~ .'•, y ` rf`V t',` ,'''•``' Jug '% (;:'`r ~ ~( ~1 ~ ,per ,11(11 `!! ~"j: ~. tt.4` ~. ~i \~1~ ~'t ~ 1 t ,f',, !i `, •f~ 'f. 0O • ~ • , . • ~~ ~'. ,ltd. _ !' ]~1 ^,q 111 .'- ~. .~' ~; ~ '" = ~'~ . • t i ,;t\ ~ •.~ ~ l ~ ~ ~; ~( i ~ . ( ,,~ ` !~-'~ ti ; - ~l , ~,~;~~ ~.'• of ~pulaskt~ "~ ptapas~ ~ ~ • ~~ ~ ti C ,. ~, ~ , ~,~~ l .. - ~ ~TQwn t near . ~ Qom,; 4w~ ~ . ~ ; } ~l ; ~, , } } ~1 p'toPer Y ~es~CVOir ~ EXistin9 ETN~ .~ E ~ : ~: stew ~°~ # 7 g. p` ~'- ~ 50` RAW ~ ~' ~~ ~ ~~i ~• • , .,~ ~ .t ~~~ } ~ It ~;4.""~ '~ ~^''` ~ ~ r./' f ~r. , •~ _ I ~ t .' ~ ~t _ r ~ . r ~ ~ ' i ~ ••1W 1 ~ •.. • • ' ,111 ~ ~~.:~ j. ~.- _.•~~.:-- ~'~ ~ ~ ~ _ Town of Pulaski PRAM GREEK. GRt~S~[i~IG - ~, C a t``rgt((n~~t[a Gas omp fyt< •-j fS~" (f..{ r •r . ... . i'}~lt:ll. -•l~.~ilL~jT C l:~l~ll Y {~T- not to scale Easement Note: 'Banks to be stabilized Excess material will be placed on banks ~~C_ TION not to scale Width of Nartnei Flaw ?__ i ~- peak Creek ~-~`----. ~ 3' min. !-,;/ , ~t~ p-25 Adjac^nt Property Own^rat P.-9 ~TowN OF ~u~-a>~~ s• IowN of ~ Qucask~ - >::~. . ti..; Proposed Utittty t_In~ Cro~EInQ ~ 58 ~ ~~K L'~t:~K Gauntr of PK4ASW 1 Appils~nt 11~ey~N,n L7AS rtQEuN~ G~ Sh~H i of j p,^h I1 X45 . '. l UW(1 Ui t'Uld5K1 ~ yRtcat uredging Project _- _ Virginia Gas Company :.~:l~;tett~r Q . . ~... ~ PI.aN VIEW . - hdt to Scale . Area to be dredged with backf~oe-3' min. j~~ f----~--• ---.._~~ .- '' ' ~ '- g°' P-~~ ~latural Gas Pipeline Note: *No d.ispasa! area necesary *Hay .bale check dams installed E T not to scale , _~.- ~ ` - ONVIt Greek bed -~-,-'f .~f 3 B" P-25 ~d~aeutt Property t7wnet~: 1. ''~.G a~~ropr~a~~_ U-!•~I~~y ~Yassi+-~9 pY~u~~n~s p~vpared Uc~rl~;^~ Pro~~t in County at {~u.(a.s~.i ' Appttoant Yti j~n~a-~ds'w~~'"1~' fie. Sfleet ! of 1 Dale ~Ol2yIg5 _ _ _. _ .~ Ta.• .. - ._ - _ I, Ruth A. Harrell, Clerk of the 'Councall_ of the Town of Pulaski, Virginia, do hereby certify that the foregoing Ordinance No. 95-41 Authorizing an EAsement Agreement with Virginia Gas Pipeline Company for Easements Near Gatewood Dam and Loving Field is a true and correct copy of the ordinance set out and adopted by the recorded vote of the Town Coucnil on December 19, 1995. • ~~ Ru h A. Harrell, Clerk of Council •