Transcontinental Gas Pipe Line Company, LLC v. A permanent easement totaling 0.113 acres, more or less, and temporary easements totaling 0.130 acres, more or less, over a parcel of land in Brunswick County, Virginia of approximately 4.20 acres in et al, No. 3:2014cv00412 - Document 41 (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). (sbea, )

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Transcontinental Gas Pipe Line Compa...nswick County, Virginia of approximately 4.20 acres in et al Doc. 41 Att. 3 Exhibit 3 Dockets.Justia.com TEMPORARY CONSTRUCTION EASEMENT TERMS The Temporary Construction Easement (or Temporary Construction Easements) being condemned in this action ("Temporary Construction Easement") shall consist of a temporary, non-exclusive easement giving the Plaintiff, TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC ("Transco"), and its agents and contractors, the right to clear and use the portions of the "Property" (as defined in the Complaint) (the "Property") located within the Temporary Construction Easement as workspace for any and all construction or 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. Upon completion of construction activities relating to the Project, Transco, itself, or through its authorized agents or contractors, will restore the lands within the Temporary Construction 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 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 Temporary Construction Easement as FERC or any federal or state authorities may order or Page 1 of 2 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. During the term of the Temporary Construction Easement, no owner or owners ofthe Property shall interfere with, impede, or obstruct any construction or restoration work or activities relating to the Project within the Temporary Construction Easement conducted by Transco or its agents or contractors, or allowothers to do so. So long as it remains in force and effective, the Temporary Construction Easement, and all rights and obligations associated with it, 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 Temporary Construction 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 restoration activities relating to the Project. The Temporary Construction 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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