031-97
BOARD OESUPERVISORS
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RESOLUTION
RIGHT-OF-WAY GRANTED TO ALLEGHENY POWER COMPANY
At a special meeting of the Board of Supervisors of the County of Frederick, Virginia, held on .
June 10, 1997, following a public hearing thereon duly advertised and held in the Board
Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester,
Virginia 22601, on motion made by Charles W. Orndoff: Sr., seconded by Robert
M Sager, and on the votes hereafter recorded, it is hereby RESOLVED that the County of Frederick,
Virginia, shall grant unto Allegheny Power Company a perpetual right-of-way over its land situate in
the Stonewall Magisterial District, known as "Clearbrook Park", for the purposes and in
with that certain Right-Of-Way Agreement, a copy of which is attached hereto and incorporated
herein, and John R Riley, Jr., County Administrator and Clerk to the Board of Supervisors is hereby
authorized to execute same on behalf of the County of Frederick, Virginia.
James L. Longerbeam
Aye
Robert M Sager
Richard C. Shickle
Aye
Margaret B. Douglas
W. Harrington Smith, Jr.
RESOLUTION NO.: 031-97
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RIGHT-OF-WAY AGREEMENT
THIS RIGHT OF WAY AGREEMENT (the "Agreement"), made this
10th day of June ' 19 97, by and between THE POTOMAC EDISON
COMPANY, a Maryland and Virginia corporation, 10435 Downsville
pike, Hagerstown, Maryland 21740, doing business as ALLEGHENY
POWER, hereinafter called "Company," and THE COUNTY OF FREDERICK.
VIRGINIA, 107 North Kent Street, Winchester, VA 22604, hereinafter
called "Owner."
WITNESSETH:
That for the sum of One Dollar ($1.00), and other valuable
consideration, the receipt of which is hereby acknowledged, Owner
grants unto Company, its successors and assigns, with covenants of
general warranty and further assurances of title, a perpetual
easement or right-of-way one-hundred feet (100') in width, ("the
Right-of-Way"), located as hereinafter described, to (a) construct,
reconstruct, repair, improve, replace, operate, use, inspect,
maintain and remove an overhead line of poles, towers or
structures, as Company may from time to time deem expedient or
advisable, with such wires and cables as Company shall from time to
time suspend therefrom, consisting of all foundations, footings,
crossarms, wires, poles, towers, attachments, anchors, ground
connections, including guy wires that may fall outside the Right-
of - Way, or other equipment, accessories and appurtenances, as
Company may from time to time deem necessary or desirable in
connection therewith (the "Facilities") for the transmission and
distribution of electrical and other forms of energy as exist from
time to time, and for all communication purposes, whether existing
now or in the future, including without limitation fiber optics
circuitsj (b) construct, reconstruct, repair, improve, replace,
operate, use, inspect, maintain and remove such underground
Facilities as Company may from time to time deem expedient or
advisablej and (c) permit Company to transmit and to carry other
forms and sources of energy, whether existing now or in the future,
in order to deliver electrical power, information and such other
services as Company may provide from time to time.
The Right-of-Way shall be located over, across and upon a
portion of the property of Owner, located in Stonewall District of
Frederick County, State of Virginia, (the "Land"). The Land is the
same real estate that was conveyed to Owner by William S. Frey by
a deed dated the 28th day of February, 1990, of record in Deed Book
No. 742, Page 816 of the land records of Frederick County, State of
Virginia.
The Right-of-Way is shown on Company Drawing No. 106-137
which is attached hereto as a part hereof.
The Facilities erected hereunder shall be and remain the
property of Company, its successors and assigns.
- 2 -
Company shall at all times have the right to: a) clear the
Right-of-Way of all buildings or structures except fences less than
6 feet in height; b) control, Cut down, trim and remove trees and
underbrush from the Right-of-Way by any method; and c) cut down and
trim any tree on the Land located outside the Right-of-Way which in
the opinion of Company might interfere with the safety, proper
operation and/or maintenance of its Facilities. All trees and
limbs cut down shall remain the property of Owner.
For the purpose of exercising its rights under this Agreement,
Company shall have the right of ingress to and egress from the Land
in order to obtain access to the Right-of-Way over the Right-of-Way
itself, or over the property of Owner adjacent to the Right-of-Way
and lying between public or private roads and the Right-of-Way in
such manner as shall cause the least. practicable damage and
inconvenience to Owner.
Company will, at its option, repair or pay for damages to
Owner's property, except damages to structures, trees or other
obstructions as provided below, when such damage results from the
construction, reconstruction, operation, inspection, maintenance or
removal of Company's Facilities, or from Company's exercise of the
right of ingress and egress, provided Owner gives timely written
notice thereof to Company.
Owner may use the Right-of-Way for any purpose not
inconsistent with the rights hereby granted, provided such use does
not interfere with or endanger the construction, operation or
maintenance of Company's Facilities, and provided further that
plans for any grade changes on said Right-of-Way shall be submitted
to Company for its approval. Owner shall not erect or construct
any building or other structure, except permitted fences, or drill
or operate any well within the Right-Of-Way. Company shall have
the right to open all fences for proper purposes, but will keep the
same closed when not necessary for proper purposes.
The cash consideration hereinabove mentioned is paid by
Company and accepted by Owner as full and total payment for all
rights granted to Company under this Agreement, including but not
limited to the Right-of-Way, all structures, trees, undergrowth or
other obstructions now or in the future within the Right-of-Way,
all trees now or in the future located outside the Right-Of-Way
which may endanger the Company's Facilities, all other rights and
privileges herein set forth and any diminution to the value of the
residue of the Land.
Owner covenants that it is seized of and has the right to
convey the Right-Of-Way and the rights and privileges granted by
this Agreement, that Company shall have quiet and peaceable
possession, use and enjoyment of the Right-of-Way, and the rights
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and privileges; and that Owner shall execute such further
assurances thereof as may be required from time to time.
This right-of-way is approved by the County Attorney for the
County of Frederick, Virginia, as shown by the signature hereto of
Lawrence R. Ambrogi, Esquire, and is granted by John R. Riley, Jr.,
County Administrator, on behalf of the County of Frederick, said
John R. Riley, Jr. having been authorized to so grant said right-
of-way by said County and said grant being attested and evidenced
by the signature of John R. Riley, Jr., County Administrator,
hereto.
This document expresses the entire agreement between the
parties, which shall be binding upon the parties and their
respective heirs, personal and legal representatives, successors
and assigns. This Agreement shall be construed in accordance with
the laws of the State of Virginia, and any ambiguity shall not be
construed against the party causing this Agreement to be drafted.
The use of the singular shall include the plural and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF,
this Agreement to be
representatives as of the
the parties have signed or have caused
signed by their duly authorized
day and year first above written.
ATTEST:
THE POTOMAC EDISON COMPANY
By:
J. D. Latimer, Vice President r.O ~ .
John
County
County:
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for the
Virginia
Law ence R. Ambrogi, Es
County Attorney for the
County of Frederick, Virginia
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State of Maryland,
County of
I HEREBY CERTIFY that on this day of ,
1997, before me, a Notary Public ~the State of Maryland,
personally appeared J. D. Latimer, who acknowledged himself to be
the Vice President of The Potomac Edison Company, (the
"Corporation") and that he, as such officer, being authorized so to
do, executed the foregoing instrument for the purposes therein
contained by signing the name of the Corporation by himself as such
officer.
WITNESS my hand and Notarial Seal.
Notary Public
My Commission Expires:
State of Virginia
County of '-4\<-df'~ ,( .k
TO WIT: I, a Notary Public in and for the State and County
aforesaid, do certify that John R. Riley, Jr., County Administrator
of the County of Frederick, virgini~~ whose name is signed to the
writing above, bearing date on the ~~ay ofJu~f , 1997, has
acknowledged that he is authorized to sign (he same on behalf of
County of Frederick, before me in my county aforesaid. Given under
my hand this \\+""day o(J'-"YTf' ~1997.
\l',Kt\C\. ~ ~t j'c...c.
Notary Pu ic
My Commission Expires: cjlA ~ A \ I \ <1 ~'1
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State of Virginia
County of '=+ \'-eO.bv' ic k
TO WIT: I, a Notary Public in and for the State and County
aforesaid, do certify that Lawrence L. Ambrogi, Esquire, County
Attorney for the County of Frederick, Virginia, whose name is
signed to the writing above, bearing date on the \O~ day of
/~~~~ ,1997, has acknowledged that he is authorized to sign
ljhe same on behalf of County of Frederick, before my county
aforesaid. Given under my hand this \\L~day of \ , 1997.
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My Commission Expires:
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FREDERICK
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THE COUNTY OF
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FREDERICK LAND
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EASEMENT AREA
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2. N 39" 30' 00" W 94. 16'
3. S 8S"56'03" E 100.79'
AREA =
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APPROVED THE COUNTY OF FREDERICK AUTHORIZA nON
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STONEWALL D 1ST FREDERICK CO VA 35S30' <
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RELEASE
TIllS RELEASE, given thili l.,srday of ~~v , 1997, to 'UIE COUNTY Or
FREDERICK VIRGINTA,. whose address is 107 No Kent Street. Winchester, VA 22604,
hereinafter referred to as "Owner") by THE POTOMAC EDISON COMPANY, a Maryland and
Virginia corporation, doing bu&iness as Allegheny Power, whose address is 10435 Downsville Pike,
Hagerstown. MD 2 1740, (hereinaft:er referred to as "Company"):
WITNESSETII THAT WHEREAS, by an Indenture dated September 3, 1958, and recorded
in the land records of Frederick County, Vitginia, in Deed Book No. 254, Page 381, Company
reserved to itself a right ofway for electric tranSmission or distribution lines across Owner's property
(the "!Ught of Way"); and
WHEREAS, Company and Owner have agreed to release a portion of the Right of Way and
tc:rmimlte the Company's rights as to such portion of the Right of Way.
NOW THEREFORE, in consideration of the payment of One Dollar ($1. DO), receipt of which
is hereby acknowledged, Company hereby remises, releases and quitclaims to Owner, a portion of
the Right of Way, which is more particularly shown on Company's Drawing No./(). ""!which is
inCOIpoflitcd herein by reference and is attached hereto.
IN WI'fl\o"ESS WHEREOF, Company has caused this Release to be executed by one of its
Vice Presidents and its corporate seal to be hereto affixed and duly attested by its Secretary or one
of its AMistant Secretaries the day and year first herein above written.
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By:
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. Statc'ofMaryland
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PROPOSED ELECTRIC LINE
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COUPANY, I.. C.
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AREA -
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ft eny ower ystem
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The PotDmac Edison Company
STONEWALL- REDBUD ELECTRIC LINE
PROPOSED RELOCATJON & RELEASE
or ELECTRIC LINE EASEMENT
ON PROPERTY OF
T11E COUNTY oF FFl[CER I CK
STONEWALL DIST FREDE~ICK CO VA
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