Index › Deed of Dedication and Easement (continued)
Deed of Dedication and Easement (continued) · pp. 11–16
This Deed, Further, p.12
W I T N E S S E T H, p.12
This Deed, Further, p.12
W I T N E S S E T H, p.12
p.11

to interfere with the proper and efficient construction, operation and maintenance of said storm drainage facility; provided, however, that the Board, at its own expense, shall restore as nearly as possible, the premises to their original condition; such restoration to include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding and resodding of lawn and pasture areas, but not the replacement of structures, trees, or other obstructions.

  1. 4. The Grantor reserves the right to make any use of the easements herein granted, provided this use does not interfere with the flows of the natural storm drainage or adversely affect other properties, or interfere with the use of the storm easement(s) by the County for the purposes named or be inconsistent with any other right herein conveyed; also provided, that the Grantor shall not erect any building, fence or other structure in the easement(s) without obtaining the prior written approval of the Board.
  2. 5. The owner of the fee title to the property shall be responsible for maintenance of any other easements granted to the County, including, but not limited to, 100 year flood plain easements and RPA buffers.
  3. 6. The temporary turn-around easement at the present terminus of Shelter Manor Drive and the adjacent land, which is hereby granted, and the 20 foot temporary storm drainage easement on Lot 25 shall both become null and void at such time Shelter Manor Drive is extended.

The Grantor agrees to indemnify and hold the County harmless for any and all liability resulting from the presence of any hazardous substance in the easements, including any liability under the Comprehensive Environmental Response and Liability Act of 1980, as amended, at the time the County is charged with such liability.

p.12

This Deed, Further,

W I T N E S S E T H,

that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor, party of the first part, does hereby grant, bargain, sell and convey unto SHELTER LAKES, INC., a Virginia not-for-profit corporation, party of the fourth part hereto, with General Warranty and English Covenants of Title, in fee simple all those certain tracts or parcels of land more particularly described as Parcel A (Cemetery), containing 27,164 square feet, Parcel B, containing 0.50569 acre, and Parcel C, containing 0.67383 acre, Section 1, SHELTER LAKES, as shown on the Plat attached hereto and made a part hereof.

This conveyance is further made subject to conditions, restrictive covenants, rights of way and easements contained in the deeds forming the chain of title to these properties.

This Deed, Further,

W I T N E S S E T H,

that for and in consideration of sum of One Dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto the Authority, its successors and assigns, Trail Easement(s) for the purpose of constructing, operating and maintaining public trail(s) through and across the Property of Owner, said Property and Easement(s) being more particularly bounded and described on the Plat attached hereto and incorporated herein. The easement(s) are subject to the following terms and conditions:

  1. A. All facilities installed in the easement(s) and right(s)-of-way shall be and remain the property of the Authority, its successors and assigns.
  2. B. The Authority and its agents shall have full and free use of the said easement(s) and right(s)-of-way for the purposes named, and shall have all rights and privileges reasonably
p.13

necessary to the enjoyment and exercise of the easement(s) and right(s)-of-way including the right of reasonable access to and from the right(s)-of-way and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual surveying, construction, reconstruction or maintenance, and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land.

  1. C. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the easement(s) being conveyed, deemed by it to interfere with the proper and efficient construction, operation, maintenance or enjoyment of said trail(s); provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, the premises to their original condition, such restoration to include the backfilling of trenches, the replacement of shrubbery, and the seeding or sodding of lawns or pasture areas, but not the replacement of structures, trees or other obstructions.
  2. D. The Grantor reserves the right to construct and maintain roadways over said easement(s) and to make any use of the easement(s) herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of the easement(s) by the Authority for the purposes named, provided, however, that Grantor shall not erect any building or other structure, excepting a fence running parallel to the easement(s), on the easement(s), without obtaining the prior written approval of the Authority.

The Grantor agrees to indemnify and hold the Authority harmless for any and all liability resulting from the presence of any hazardous substance in the Trail Easements, including any liability under the Comprehensive Environmental Response and

p.14

Liability Act of 1980, as amended, at the time the Authority is charged with such liability.

This conveyance and dedication is made with the Grantor's free consent and in accordance with its desire, and in accordance with the statutes of Virginia governing the platting of the land; the plat having been duly approved by the proper authorities of Prince William County, Virginia, as evidenced by their endorsement thereon.

REFERENCE is hereby made to said deeds, schedule and Plat, for a further and more particular description of the land hereby dedicated and subdivided.

WITNESS the following signatures and seals:

RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation,

By: [Signature]    (SEAL)

Raymond C. Hawkins
Its President

SHELTER LAKES, INC., a Virginia not-for-profit corporation

By: [Signature]    (SEAL)

Stephen M. Pratt
Its Vice President

PRINCE WILLIAM COUNTY PARK AUTHORITY, a body corporate

By: [Signature]    (SEAL)

Charles F. McDade
Its Deputy Director of Administration

p.15

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF FAUQUIER, to wit:

I, the undersigned Notary Public, in and for the jurisdiction aforesaid, whose Commission expires on the 31st day of May, 1996, do hereby certify that RAYMOND C. HAWKINS, President of RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation, whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me and acknowledged the same in my jurisdiction aforesaid, for and on behalf of said corporation.

GIVEN under my hand and seal this 30th day of September, 1992.

Notary Public

My commission expires:   May 31, 1996

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF FAUQUIER, to wit:

I, the undersigned Notary Public, in and for the jurisdiction aforesaid, whose Commission expires on the 31st day of May, 1996, do hereby certify that STEPHEN M. PRATT, Vice President of SHELTER LAKES, INC., a Virginia not-for-profit corporation, whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me and acknowledged the same in my jurisdiction aforesaid, for and on behalf of said corporation.

GIVEN under my hand and seal this 30th day of September, 1992.

Notary Public

My commission expires:   May 31, 1996

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF PRINCE WILLIAM, to wit:

I, the undersigned Notary Public, in and for the jurisdiction aforesaid, whose Commission expires on the 19 day of May, 1993, do hereby certify that Charles F. McDade, Deputy Director of Administration of PRINCE WILLIAM COUNTY PARK AUTHORITY, a body corporate, whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me and acknowledged the same in my jurisdiction aforesaid, for and on behalf of said Authority.

GIVEN under my hand and seal this 15 day of October, 1992.

Notary Public

My commission expires:   May 19, 1993

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ACCEPTED PER VIRGINIA CODE SECTION 15.1-286
BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY

BY: [Signature]

Chief of Division of Land Permitting Services,
Designee Director of Planning, its authorized agent.

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF PRINCE WILLIAM, to-wit:

I, the undersigned Notary Public of and for the jurisdiction aforesaid, do hereby certify that [Chief of Division of Land Permitting Services], whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me, and acknowledged the same in my jurisdiction aforesaid.

GIVEN under my hand and seal this 3rd day of October, 1992.

Notary Public

My commission expires:   September 30, 1996

FORM APPROVED PER VIRGINIA CODE SECTION 15.1-286

10/9/92
Date

(Assistant) County Attorney