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

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Exempted from recordation taxes under the Code <strong>of</strong> <strong>Virginia</strong><br />

Sections 58.1-811 (A) (3), 58.1-811 (C) (4) <strong>and</strong> 10.1-1803<br />

DEED OF GREENWAY EASEMENT<br />

THIS DEED OF GREENWAY EASEMENT, made this _____ day <strong>of</strong> ______________,<br />

2009, between _______________________________________, a <strong>Virginia</strong> corporation, Grantor,<br />

<strong>and</strong> the TOWN OF BLACKSBURG, VIRGINIA, a Town chartered by the Commonwealth <strong>of</strong><br />

<strong>Virginia</strong>, herein called "Town," Grantee.<br />

WITNESSETH:<br />

That in consideration <strong>of</strong> the sum <strong>of</strong> One Dollar cash in h<strong>and</strong>, <strong>and</strong> other good <strong>and</strong> valuable<br />

consideration, the receipt <strong>of</strong> which is hereby acknowledged by the Grantor, the Grantor does<br />

hereby grant <strong>and</strong> convey unto Grantee, its successors <strong>and</strong> assigns, the following described<br />

easement <strong>and</strong> right-<strong>of</strong>-way located in the Town <strong>of</strong> Blacksburg, Montgomery County, <strong>Virginia</strong>:<br />

Being a _____ foot wide greenway easement over <strong>and</strong> across the property <strong>of</strong> Grantor, as<br />

shown on a plat prepared by _______________________________________, dated<br />

____________________________, designated Job No. _________________, said<br />

easement being located along the __________ side <strong>of</strong> Grantor's property <strong>and</strong> me<strong>and</strong>ering<br />

parallel to ____________ Street, said plat attached hereto <strong>and</strong> incorporated by reference.<br />

This shall be known as the “Easement Area.”<br />

TAX MAP # ________________________<br />

1. Purpose<br />

It is the purpose <strong>of</strong> this Greenway Easement to make the Easement Area available for the<br />

Town’s Greenway trail system <strong>and</strong> associated public amenities. This Easement provides for<br />

public access through the Easement Area. Members <strong>of</strong> the general public shall have free access<br />

to <strong>and</strong> use <strong>of</strong> the trail subject to the laws <strong>and</strong> ordinances <strong>of</strong> the Town <strong>of</strong> Blacksburg.<br />

The Greenway trail system is a linear park, which includes a paved trail suitable for<br />

walking, jogging, bicycling <strong>and</strong> other forms <strong>of</strong> recreation. The trail provides an alternate means<br />

<strong>of</strong> transportation to the automobile, as well as a recreational facility for the enjoyment <strong>of</strong><br />

Blacksburg citizens <strong>and</strong> visitors.<br />

2. Rights <strong>of</strong> the Grantor<br />

The Grantor, its successors <strong>and</strong> assigns, shall have the right to use the Easement Area for<br />

all purposes, provided:<br />

a. That such use shall not interfere with constructing, maintaining, renewing, replacing,<br />

repairing, relocating or operating the trail <strong>and</strong> appurtenances, nor injure the same, <strong>and</strong><br />

shall not interfere with the Town’s free access to the trail at all times <strong>and</strong> for all purposes;<br />

<strong>and</strong> provided further that no building or structure shall be erected on the Easement Area<br />

by the Grantor, its successors <strong>and</strong> assigns, without the prior written consent <strong>of</strong> the Town.<br />

Further, no parking lots, parking spaces, drive aisles, or private roads shall be permitted

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