Appendix 4-A - Virginia Department of Conservation and Recreation ...

for passive and active recreation activities, including but not limited to walking, jogging,
bicycling, roller-blading, skateboarding and other similar recreational uses. Access by motorized
vehicles including but not limited to motorcycles, 4-wheel drives, motor bikes, mopeds, ATVs,
and snowmobiles, shall be prohibited, except as may be undertaken by the Town in furtherance
of the purposes of this easement, in an emergency, or as otherwise authorized by the Town.
6. Utilities
Underground public utilities may with Grantor's and Town’s consent, or under due
process of law, be installed under the Easement Area, provided such utilities do not adversely
affect the use of the Easement Area for the Greenway trail.
7. Immunities
Nothing herein shall be construed to waive the Town’s sovereign immunity in the
operation of a recreational facility, or otherwise. Nothing herein shall be construed as a waiver
of Grantor's immunity under § 29.1-509, Virginia Code, or successor statute, or through any
other grant of immunity.
8. Perpetual Easement
The covenants agreed to and the terms, conditions, and restrictions imposed herein shall
be binding upon the Town and the Grantor, its agents, heirs, and assigns and shall continue as a
servitude running in perpetuity with the described land. The Grantor and Town both agree that
the terms, conditions and restrictions of this easement will be inserted by it in any subsequent
deed or other legal instrument by which it divests itself of either the fee simple title to, or of its
possessory interest in, the subject property.
The easement conveyed herein shall run with the land and be binding upon the successors
and assigns of the parties hereto.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns.
IN WITNESS WHEREOF Grantors and the Town have set their hands on the day and year
first above written.
Acceptance of this conveyance by the Town is authorized by §§ 10.1-1701, 15.2-1800 and 15.2-
1806, Virginia Code, and the terms of Blacksburg Town Council Resolutions 2-F-01 and 8-H-08.
WITNESS the following signatures and seals.
By:_____________________________________
Its: _____________________________________