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HomeMy WebLinkAbout2023-19Ordinance 2023-19 Granting Right of Way and Easement to American Electric Power Company for Town Owned Property Parcel Number 073-001-0000-060A WHEREAS, the Town has recently acquired property from James Hardie for a sewer uplift station that requires power from AEP, NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia that the attached Right of Way and Easement to Tax Parcel Number 073-001-0000-060A, granting a right of way and easement to American Electric Power Company, is hereby adopted and the Town Manager is authorized to execute same. This ordinance is effective upon adoption and is hereby adopted this 51" day of December 2023 by the duly recorded vote of the Town Council of the Town of Pulaski as follows: Gregory C. East- Aye Jeremy L. Clark- Aye Brooks R. Dawson- Aye ATTEST 0 )vj (;t c -q�j� O ivia C. Hale Clerk of Council James A. Radcliffe- Aye G. Tyler Clontz- Aye Michael P. Reis- Aye TOWN OF PULASKI, VIRGINIA W. Shannon Collins Mayor TAX ID or PARCEL NO. 073-001-0000-060A GRW 32 - UGOH - VA - CORP (Tax ID) - OmniForm Eas No. R/W Map No. 3781-499-D2 & 523-C1 W.O. No. W003611401 Job No. 23410033 Prop. No. 3 PULASKI 24301 Line TOWN OF PULASKI THIS AGREEMENT, made this 30TH day of NOVEMBER , 20 23 by and between TOWN OF PULASKI, A MUNICIPAL CORPORATION , a corporation organized and existing under the laws of the State of VIRGINIA , herein called "Grantor", and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian", WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid to Grantor by Appalachian, the receipt whereof is hereby acknowledged, Grantor hereby grants, conveys, and warrants to Appalachian, its successors, assigns, lessees and tenants, a right of way and easement for an electric power line or lines, and communication lines, in, on, along, through, over, across or under the following described lands of the Grantor situated in MASSIF District, County of PULASKI , State of Virginia. Being a right of way and easement on the property of the Grantors identified as Tax Parcel No. 73-001-0000-0060 This easement extends in a SOUTHWESTERLY Appalachian's existing NE and including new POLE PULASKI County, direction from numbered 37810499D20977 numbered 37810523C10902 to TOGETHER with the right, privilege and authority to Appalachian, its successors, assigns, lessees and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures, and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear, and/or otherwise control, and at Appalachian's option, remove from said premises, any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantor at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. It is understood and agreed between the parties hereto, that the Grantor reserves the right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors, assigns, lessees and tenants. THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P O BOX 2021, ROANOKE, VIRGINIA 24022 51889R0209 Page 1 It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereto affixed the day and year first above written. TOWN OF PULASKI By: OWN MANAGER - II res' ' nt Attest: ( --------- -------- Secretary STATE OF VIRGINIA To -wit: COUNTY OF PULASKI The foregoing instrument was acknowledged before me this �' Yday of C em6c 20 23 , by DARLENE L. BURCHAM TOWN MANAGER , of , a MUNICIPAL TOWN OF PULASKI Corporation, on behalf of the Corporation. (Notarial Seal If Applicable) MARION JOYCE WOJCIK NOTARY PUBLIC Commonwealth of Virginia I Reg. #7709465 s My Commission Exoires o 5'31 M _ C' 'S Notary Registration # - (For Va. Only) GRW 32 - UGOH - VA - CORP (Tax ID) - OmniForm Page 2 i n n O N � G1 It Ln M ^ O O C O O V M M H Q1 ti in O g Ln M O • �d Ln co co Y1 m M ZLn � M H 9iOJ,yJ N � � �D Ln n � Oa LLJ °Sgs9. bddb�'a O LU H r. f J O O ppdJM W Lu LA M LY W H � H aQ � J CJ : H F-I D Y Lu G. 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