Water and Sewer Easement Template Prince William County (00440060-2)

Appendix L

WATER AND SEWER EASEMENT

THIS DEED OF EASEMENT is made this ____ day of ______, ____, by ______, as grantor(s) (the "Landowner"), and the PRINCE WILLIAM COUNTY SERVICE AUTHORITY, a public body politic and corporate, as grantee (the "Authority").

RECITALS

The Landowner is the owner of a parcel of land (the "Property") which is shown and labeled "______" on the plat attached hereto and incorporated herein by this reference (the "Plat") dated ______, ____, prepared by ______of ______, Virginia and entitled "______." The Property is also identified as Prince William County Parcel Identification Number ______.

The Landowner desires and intends to grant and convey to the Authority a water and sewer easement across, over and upon the Property as shown on the Plat for the purposes set forth herein.

EASEMENT

NOW, THEREFORE, in consideration of the foregoing premises, the conveyances made hereby, the consideration received therefor by the Landowner and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landowner hereby grants and conveys unto the Authority, its successors and assigns, with general warranty and English covenants of title, a ______(___) foot wide Water and Sewer Easement (the "Easement"), across, over and upon the Property for the purpose of installing, constructing, operating, maintaining, inspecting, repairing, replacing, adding to or altering, changing the size of, and removing one or more present or future water and sewage utility lines and mains, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and other appurtenant facilities (collectively, the "Facilities") for the collection, distribution and transmission of water and sewage through the Property. The Easement is bounded and more particularly shown on the Plat and labeled "______." The Easement is subject to the following terms and conditions:

All Facilities which are installed in the Easement and rights-of-way shall be and remain the property of the Authority, its successors and assigns. In furtherance thereof, the parties hereto confirm that for the consideration previously set forth herein, Landowner has granted, bargained, sold and conveyed such Facilities to the Authority, and its successors and assigns.

The Authority, and its employees and any expressly authorized parties, shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement and the right to use adjoining land of the Landowner to the extent necessary to facilitate installation, construction, replacement, alteration, maintenance, inspection, operation and any necessary repairs; provided, however, that this right to use adjoining land shall be exercised only during periods of actual installation, construction, replacement, alteration, maintenance, inspection, operation or repair, and then only to the minimum extent necessary for such work; and further, this right to use adjoining land shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land.

The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures, or other obstructions in or near the Easement, deemed by the Authority to interfere with the proper and efficient construction, operation and maintenance of the Facilities, provided, however, that the Authority at its own expense shall restore the premises as nearly as possible to their original condition, such restoration to include the backfilling of trenches, the replacement of fences, and the reseeding or resodding of lawns or pasture areas, but not the replacement of trees, shrubbery, or other obstructions.

The Landowner reserves the right to make any use of the Easement herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named, provided, however, that the Landowner shall not erect any building or other structure, including a fence, on the Easement, without obtaining the prior written approval of the Authority.

The consideration mentioned above is accepted by the Landowner as full and total payment for all damages to shrubbery or other obstructions within the Easement, for all trees outside the Easement trimmed or felled during the initial construction stage of the Facilities, for all other rights and privileges set forth herein, and for any damages to the residue of the Property.

The Authority shall have the right to install, construct, operate, maintain, inspect, add to or alter, repair and replace electric, telephone and telecommunication lines and any appurtenant facilities for the transmission or distribution of electric power and communication service within the Easement which serve only the Facilities. The Authority may assign these rights in whole or in part to one or more Virginia public service corporations.

The Landowner covenants that it is seized of and has the right to convey the Easement, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement and that the Landowner shall execute such further assurances thereof as may be required.

The parties agree that this Deed of Easement describes the entire agreement and understanding between the parties and that no written or verbal statements or representations have been made which either modify, add to or change this easement agreement.

This Deed of Easement is made with the free consent and in accordance with the desires of the Landowner.

WITNESS the following signature and seal:

THE LANDOWNER:

______(SEAL)

______of______

COUNTY OF______

The foregoing instrument was acknowledged before me in the above jurisdiction this _____day of______, 20__, by ______.

______

Notary Public

My Commission Expires: ______