Transcontinental Gas Pipe Line Company, LLC v. A permanent easement totaling 0.889 acres, more or less, and temporary easements totaling 0.859 acres, more or less, over a parcel of land in Brunswick County, Virginia of approximately 25.00 acres in et al, No. 3:2014cv00405 - Document 83 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 11/25/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (ccol, )

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Transcontinental Gas Pipe Line Compa...nswick County, Virginia of approximately 25.00 acres in et al Doc. 83 Att. 2 Exhibit 2 Dockets.Justia.com PERMANENT EASEMENT TERMS The Permanent Easement being condemned in this action ("Permanent Easement") shall consist of a permanent easement giving the Plaintiff, TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC ("Transco"), and its authorized agents and contractors, the perpetual right to use the portions of the "Property" (as defined in the Complaint) (the "Property") located within the Permanent Easement for the purposes of laying, constructing, maintaining, operating, repairing, and replacing one 24-inch pipeline ("Pipeline") for the transportation of natural gas, together with any necessary valves, regulators, meters, tie-overs, drips, fittings, equipment for cathodic protection, alternating current (A/C) mitigation, communication and other auxiliary installations (collectively "appurtenances") required for the natural gas pipeline project (the "Project") approved pursuant to the Federal Energy Regulatory Commission ("FERC") Order Issuing Certificate, dated November 21, 2013 (Docket No. CP 13-30-000) (the "Certificate"), the Natural Gas Act and regulations applicable thereto. Transco shall bury the Pipeline so that it will not interfere with the cultivation of the land, but appurtenances may be installed in whole or In part above ground or below ground. Upon completion of construction activities relating to the Project, Transco, Itself, or through Its authorized agents or contractors, will restore the lands within the Permanent Easement as closely as practicable to their condition prior to Transco's use, and restore private and public property, such as fences, gates, driveways, and roads disturbed by Transco's construction work to original or better condition; provided, however, that Transco will not replant any trees, shrubs or crops removed during construction of the Project, except where Page 1 of 3 otherwise required by FERC pursuant to any applicable terms or conditions of the Certificate. Transco will also undertake any additional land restoration measures within the Permanent Easement area as FERC or any federal or state authorities may order or direct to the extent that such measures are required by the terms of the Certificate or any applicable federal or state permits relating to the Project. Transco shall have all other rights and benefits reasonably necessary for the full enjoyment or use of the Permanent Easement, including the right, from time to time as it may find convenient, to cut or remove any trees, undergrowth and other obstructions of any kind from the Permanent Easement that may injure, endanger or interfere with the construction, operation, maintenance, repair, and/or replacement of the Pipeline or any appurtenances, except as may be indicated to the contrary on any Survey Plat(s) attached to the Complaint, or as otherwise instructed or directed by FERC or any federal or state authorities to the extent required by any terms of the Certificate or any applicable federal or state permits relating to the Project. Without first obtaining Transco's express approval in writing, no owner of the Property shall: build, construct or place any buildings or permanent structures on the Permanent Easement or any part thereof; change the grade of the Permanent Easement or any part thereof; impound water or otherwise construct or create ponds or lakes on or within the Permanent Easement or any part thereof; plant trees on the Permanent Easement or any part thereof; or otherwise impede or interfere with Transco's use and enjoyment of the Permanent Easement. Nor may any owner of the Property permit others to do any of said acts without Page 2 of 3 first having obtained Transco's express approval in writing. No forbearance by Transco to exercise any rights authorized by the terms of the Permanent Easement for any period of time shall constitute a waiver of such rights or limit Transco's ability to exercise such rights as it may find convenient. All rights and obligations under this Permanent Easement shall run with the land and be binding upon any and all owners or other persons having an interest in the Property now or in the future. The Permanent Easement being condemned in this action shall not reduce, limit or alter any rights or obligations under any Transco "Existing Easement Agreement" or "Existing Easement Agreements" as may be identified and described in the Complaint as applicable to the Property. Page 3 of 3

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