HomeMy WebLinkAbout038-03
BOARD OF SUPERVISORS
RESOLUTION
ROUTE 647 (AYLOR ROAD), PROJECT #0647-034-223,C501
.' WHEREAS, additional right-of-way, slope easements, construction easements, drainage
easements and utility easements for the planned reconstruction of Route 647, Aylor Road, as shown
on the plans, are needed and necessary; and
WHEREAS, the Frederick County Board of Supervisors owns the property needed to make
these improvements.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County
of Frederick, Virginia, does hereby agree to donate all the property necessary to make these needed
improvements; and
BE IT FURTHER RESOLVED, that a certified copy ofthe resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
ADOPTED this 12th day of February, 2003.
Upon motion made by Robert M. Sager and seconded by W. Harrington Smith, Jr., the above
resolution was approved by the Frederick County Board of Supervisors, regular meeting and public
hearing held on February 12, 2003, by the following recorded vote:
Richard C. Shickle Aye Robert M. Sager Aye
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Lynda J. Tyler Aye Sidney A. Reyes Aye
Gina A. Forrester Aye
A COpy TESTE:
RESOLUTION NO.: 038-03
cc: Eric R. Lawrence, Director, Department of Planning and Development
Jerry Copp, Resident Engineer, Virginia Department of Transportation
C:\ TJP\resolutions\FY2002-2003\Rt64 7 AylorRoad021203BdI\1.tg. 'Yt'pd
TAX MAP #75-A-63F
SF-5
Revised 6/02
PREPARED BY VDOT
UNDER SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL
Exempted from recordation taxes
and fees under Sections 58.1-811 (A)(3),
58.1-811(C)(4), 58.1-3315, 25-249,
42.1-70,17.1-266, and 17.1-279(D)
THIS DEED, made this 23rd day of December, 2002, by and between the BOARD OF
SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, Grantor, and the COMMONWEALTH
OF VIRGINIA, acting by and through its Department of Transportation, Grantee;
WITNESSETH: THAT WHEREAS, by a meeting duly called of the Frederick County
Board of Supervisors, a resolution was duly passed authorizing the conveyance to the
Commonwealth of Virginia, Department of Transportation, of the hereinafter described real
estate; and
WHEREAS, a public hearing on this conveyance was held pursuant to Section 15.2-
1800 of the Code of Virginia (1950), as amended;
NOW, THEREFORE, for and in consideration of the sum of $1.00 paid by the Grantee to
the Grantor, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys
unto the Grantee in fee simple, with special warranty the land located in Opequon Magisterial
District of Frederick County, Virginia, and described as follows:
PARCEL 042:
Being as shown on Sheet 11 of the plans for Route 647, State Highway Project
0647-034-223, C-501, and beginning on the southwest (right) side of the construction centerline
from the lands now or formerly belonging to The County School Board of Frederick County,
Virginia, opposite approximate Station 163+91 to the lands of the Grantee opposite
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Station 165+26.9, and containing 0.172 acre, more or less, land; together with the permanent
right and easement to use the additional area shown as being required for the proper
construction and maintenance of a drain ditch between approximate Route 647 construction
centerline 163+86 and Caroline Avenue construction centerline Station 81+13.6, on the right,
containing 0.107 acre, more or less; also, together with the temporary right and easement to
use the additional areas shown as being required for the proper construction of cut and/or fill
slopes. containing 0.002 acre, more or less; said temporary easement will terminate at such
time as the construction of the aforesaid project is completed; and being a part of the same land
acquired by the Grantor from The County School Board of Frederick County, by deed dated
March 26, 1997, and recorded in Deed Book 877, Page 77, in the office of the Clerk of the
Circuit Court of said County.
F.or a more particular description of the land herein conveyed, reference is made to
photocopy of Sheet No. 11, showing outlined in RED the land conveyed in fee simple, outlined
in GREEN the land conveyed for permanent easement, and outlined in ORANGE the land
conveyed for temporary easement, which photocopy is hereto attached as a part of this
conveyance and recorded simultaneously herewith in the State Highway Plat Book
Page
The Grantor by the execution of this instrument acknowledges that the plans for the
aforesaid project as they affect its property have been fully explained to its authorized
representative.
The Grantor covenants that it has the right to convey the land to the Grantee, that it has
done no act to encumber the same and that it will execute such further assurance of the same
as may be requisite.
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The Grantor covenants and agrees that the consideration hereinabove mentioned and
paid shall be in lieu of any and all claims to compensation for land, and for damages, if any, to
the remaining lands of the Grantor which may result by reason of the use to which the Grantee
will put the land to be conveyed, including such drainage facilities as may be necessary.
WITNESS the following signature and seal:
BOARD OF SUPERVISORS
FREDERICK COUNTY, VIRGINIA
BY: (SEAL)
TITLE: County Administrator
STATE OF VIRGINIA
COUNTY OF FREDERICK
The foregoing instrument was acknowledged before me this \ ~ +.h day of l.lt\J'<( "fA' )f
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Cc..l'd\\,)^ AI\\'v'\A v\~.tty(~.v of The County of Frederick, Virginia.
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0'101.
RIGHT-OF-WAY AGREEMENT
(Distribution - Virginia)
For good and valuable consideration, the receipt of which is acknowledged, and of the convenants and agreements
herein contained, I/we, THE COUNTY OF FREDERICK. VIRGINIA the undersigned Grantors, grant unto THE
POTOMAC EDISON COMPANY, a Maryland and Virginia corporation (dba Allegheny Power), its successors and
assigns, (the "Company") a right-of-way TIDRTY feet (30') wide for the purpose of constructing, reconstructing, inspecting,
operating and maintaining an overhead and/or underground electric and communication system including all necessary poles,
anchors, wires, trenches, conduits, cables and other facilities under, over and upon the property which I/we own or in which
I/we have any interest, situated in OPEQUON District of FREDERICK County, Commonwealth of Virginia, acquired by
me/us from THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY by deed dated the 26TH day of MARCH.
1997 ofrecord as Deed Book No. 877 Page 77, of the land records of FREDERICK County, Commonwealth of Virginia
together with right of ingress to and egress from said right-of-way at all times over the lands of Grantors; said system to be
located as indicated on Company's Drawing No. 547007, which is incorporated herein by reference and is either attached
hereto or filed in Company office, said right-of-way being more particularly described as follows: PARCEL 042 OF VDOT
PROJECT 0647-034-223. C-501. SAID EASEMENT BEING VARIABLE IN WIDTH AS SHOWN ON THE
ATTACHED PLAT. and to permit the installation of wires, cable, conduit or other facilities of any Company or persons.
The Company shall have the right to install, maintain, operate and replace its underground and overhead facilities without
responsibility for any damage caused thereby to trees, shrubs, flowers or any other obstruction grown, constructed or placed
on said right-of-way and shall at all times have the right to clear and keep clear the right-of.way and to control, cut down,
trim and remove trees, limbs and brush under and alongside of said facilities sufficiently for the safe and proper operation
and maintenance thereof; said sum being in full payment therefor. No structures, except usua1 fences, may be placed on the
right-of-way.
The Company will repair all ruts and pay for all damages to fences, crops, and livestock caused by the operation,
maintenance, rebuilding and removal of said line, if notice in writing is given within thirty days after such damages are
suffered, otherwise it is understood that such damages are waived.
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.
Witness the following signatures and seals this _ day of
, in the year
(SEAL)
(SEAL)
GRANTORS:
(SEAL)
(SEAL)
(SEAL)
~y'C(hi \'C~
(SEAL)
Commonwealth of Virginia, County of
I hereby certify that on this \ 7:J 1b. day of ~ \,...,y 'f"A'~' ';;{ Co S
before me, a Notary Pu lie in and for the Commonwealth of Virginia and County o~esaid, personally appeared
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wn to me to be the person s) ose ame(s) is/are signed to the writt instrument herto annexed and acknowledged
efore me in my said County that helshe/they executed the same for the purposes therin contained, and that the actual
consideration paid, including amounts assumed by the Grantee, is in the sum total of
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to-wit:
My Commission Expires J I..A, ~ ~ll ,'Q (J02,
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COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
February 13,2003
540/665-5666
Fax 540/667-0370
E-mail:
jriley@co.frederick.va.us
Tom Trott
Right-of-Way Agent Specialist
Virginia Department of Transportation
P. O. Box 2249
Staunton, VA 24402-2249
Re: Route 647 (Aylor Road); Project: 0647-034-223, C501
Dear Mr. Trott;
The Frederick County Board of Supervisors, at their meeting and public hearing held on
February 12, 2003, approved the resolution and deed of conveyance with reference to the above
mentioned project as presented in your correspondence dated December 30, 2002. The executed
documents are being returned to you as requested. Please find them enclosed.
Should you have any questions or need additional information, please do not hesitate to contact
me.
With kindest regards, I am
John R. Riley, Jr.
County Administrator
JRR/tjp
Enclosures
cc: Jerry A. Copp, Resident Engineer
Eric R. Lawrence, Planning and Development Director
C:\TJP\vdot\LetTrottAylorRdProject021203BdMtg.wpd
107 North Kent Street
Winchester, Virginia 22601-5000
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COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 2249
Staunton, VA 24402.2249
PHILIP A. SHUCET
COMMISSIONER
December 30, 2002
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7~, DENNIS C, MORRISON
''>'';DISTRICT ADMINISTRATOR
""~\\ TEL (540) 332-9075
i; \ FAX (540) 332-9179
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Mr. John R. Riley, Jr.
Frederick County Administrator
9 Court Square
Winchester, VA 22601
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Route 647 CAylor Road)
Project: 0647-034-223, C501
Frederick County
Property of Frederick County - Parcel 042
Dear Mr. Riley,
Mr. Jerry Copp, Resident Engineer at Winchester, advised me that the County has agreed to
donate the necessary Right of Way, permanent drainage easement, temporary construction easement, and
permanent utility easement on the above property.
Please find enclosed the deed and utility easement to be signed and notarized. Also, enclosed
is a self-addressed stamped envelope to return the instruments to me.
Thank you for your cooperation in this matter, and if you have any questions, please call me at
1-800-811-7337.
Sincerely,
~~-
Tom Trott
Right of Way Agent Specialist, Sr.
Enclosure
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