Transcontinental Gas Pipe Line Company, LLC v. Temporary easements totaling 0.119 acres, more or less, over a parcel of land in Brunswick County, Virginia of approximately 12.00 acres in size, as more particularly described herein et al, No. 3:2014cv00409 - Document 71 (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). (sbea, )

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Transcontinental Gas Pipe Line Company, L...res in size, as more particularly described herein et al Doc. 71 Att. 2 Exhibit 2 Dockets.Justia.com TEMPORARY ACCESS ROAD EASEMENT TERMS The Temporary Access Road Easement (or Temporary Access Road Easements) being condemned in this action ("Temporary Access Road Easement") shall consist of a temporary, non-exclusive easement giving the Plaintiff, TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC ("Transco"), and its authorized agents and contractors, full and free use of the portion of the "Property" (as defined in the Complaint) (the "Property") located within the Temporary Access Road Easement for purposes of ingress and egress of persons, vehicles, equipment, machinery, construction materials and other things to be used in connection with construction work and restoration activities relating to 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. As permitted by the Certificate, Transco and its authorized agents and contractors shall also have the right to widen, add gravel to, and grade the existing roadway within the boundaries of the Temporary Access Road Easement, and to trim any trees that may encroach into the Temporary Access Road Easement area. Any owner of the Property, or their authorized guests or invitees, shall be permitted to use the lands within Temporary Access Road Easement for purposes not inconsistent with the rights granted to Transco and its authorized agents and contractors pursuant to these terms; provided, however, that no owner of the Property, nor any of their guests or invitees, shall interfere with, impede, or obstruct the use of the Temporary Access Road Easement by Transco Page 1 of 2 or Its authorized agents or contractors for the purposes specified in these terms, or allow others to do so. Upon completion of Transco's construction and restoration work relating to the Project, Transco, or its authorized agents or contractors, shall restore the existing roadway within the TemporaryAccess Road Easement to as good or better condition than existed prior to its use by Transco or its authorized agents and contractors. So long as it remains in force and effective, the Temporary Access Road 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 TemporaryAccess Road Easement, and any and all rights and obligations associated with it, shall terminate and become null and void upon the final completion of Transco's construction and post-construction restoration activities relating to the Project. The Temporary Access Road Easement shall not reduce, limit or alter any rights or obligations under any "Existing Easement Agreement" or "Existing Easement Agreements" as may be identified and described in the Complaint as applicable to the Property. Page 2 of 2

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