ࡱ> HJG!` "bjbj\\ @9>> ,$dNNNNNNNN= $hX 1NN1NNF"NNBNB PQ R2 \0:6"6"B6"B`N:hNNN11 NNND   This EASEMENT PURCHASE AGREEMENT made this day of , 2006, by and between THE CITY OF HAMPTON, VIRGINIA, a municipal corporation, hereinafter referred to as "Buyer"; and the STEVE A. BULLOCK AND CHERYL LYNNE WILT, F/K/A CHERYL L. BULLOCK, divorced, hereinafter referred to as "Seller." PRIVATE  WITNESSETH: That for and in consideration of the sum of NINE-HUNDRED-TWENTY-NINE-DOLLARS AND ZERO CENTS ($929.00), to be paid at Settlement, Buyer agrees to buy and Seller agrees to sell the following described easement, to wit: One permanent ten (10) foot wide sanitary sewer easement through, over, under, across, and upon all that certain lot, piece or parcel of land, situate, lying, and being in the City of Hampton, Virginia, containing 929 square feet, more or less, being shown with hatch marks on that certain plat entitled, PLAT SHOWING SANITARY SEWER EASEMENT ACQUIRED FROM: Steve A. Bullock, et al, BY: CITY OF HAMPTON, VIRGINIA. Said plat being made by Walter B. Crockett, L.S. City Surveyor, Hampton, Virginia is dated December 1, 2005 and revised August 31, 2006. A copy of said plat is attached hereto and by this reference made a part hereof. It being the same property conveyed unto Steve A. Bullock and Cheryl L. Bullock, husband and wife, from Lemuel A. Thomas and Phillisia A. Thomas, husband and wife, by deed recorded on December 21, 1999 among the records of the Circuit Court Clerks Office of the City of Hampton, Virginia, in Deed Book 1314 at page 326. Subject, however, to all easements, restrictions, covenants, and conditions of record affecting aforesaid property. It is agreed between the parties hereto that the Buyer and its agents, successors, and/or assigns shall have the right to inspect the Easement and to cut and clean all vegetation and debris, as necessary, and to remove other obstructions in and along the Easement or adjacent thereto that may in any way endanger or interfere with the proper use and function of the said Easement and to make use of the adjacent property for ingress, egress, and regress and for other activities necessary for the operation, repair and maintenance of the Easement. Seller agrees that the Buyer shall not be liable for any routine maintenance work whatsoever to the areas encompassed by the Easement except if the Buyer is required to perform excavation or construction within the Easement in order to effectuate maintenance or repair of the Easement. All other maintenance of the land encompassed by the Easement shall be performed by the Seller and the Buyer shall have no duty or liability to perform any routine maintenance work 1 of 3 Steve A. Bullock & Cheryl L. Wilt 4 Winder Court Easement Purchase Agreement to the areas encompassed by the Easement other than that work which arises out of maintaining or repairing the Easement. The Seller further agrees that when requested by the Buyer, the Seller shall remove any vehicles located within or upon the Easement area within forty-eight (48) hours of receipt of written notice requesting such removal. In an emergency or failure to remove after written notice, the Buyer will remove, or have removed by others, any vehicles or impediment to access the said Easement for maintenance or operation thereof. The Seller covenants and agrees that it has the right to dedicate and convey the Easement unto the Buyer; that the Seller has done no act to encumber the same save as mentioned herein; that the Buyer shall have quiet possession of said Easement, free and clear of all liens, encumbrances, and indebtedness of every kind. The Seller further covenants and agrees for the Seller and the Sellers heirs, personal representatives, successors and assigns, that the consideration aforementioned shall be in lieu of any and all claims of compensation and damages by reason of the location, construction, reconstruction, operation, alteration, repair and/or maintenance of the Easement. By execution of this instrument, the Seller acknowledges that the plans for the Easement as it affects the Sellers property have been fully explained to the Seller. If deemed necessary by the Project Engineer, construction may be started, or entry may be made to the easement area, prior to completion of all steps in the acquisition process, including but not limited to execution and delivery of a Deed of Easement. Seller's property, affected as a result of sewer line construction or maintenance within the easement area, will be restored as closely as is reasonably possible to its pre-construction condition by the Buyer or its agent upon completion of the construction or maintenance project. Seller authorizes and requests Buyer to make direct payment of all or any portion of the above stated consideration to the holders of any instrument of indebtedness secured by a Deed of Trust or other lien on the above described realty, when such lien-holder requests such payment as a condition to joining in the execution of a Deed and to subordinate or release the lien on that portion of the property affected by the easement. 2 of 3 Steve A. Bullock & Cheryl L. Wilt 4 Winder Court Easement Purchase Agreement Seller agrees to convey said perpetual easement with a Deed of General Warranty, with the usual English Covenants of Title, to be prepared by and at the expense of the Buyer. Purchase price is to be paid by check upon Settlement and recording of the Deed of Easement. Settlement is to be made on or before November 30, 2006, or as soon thereafter as title can be examined and papers prepared allowing a reasonable time to correct any defects reported by the title examiner. This Purchase Agreement is subject to Hampton City Council approval of a resolution authorizing purchase of the aforesaid easement. BUYER: SELLER: CITY OF HAMPTON, VIRGINIA By: __________________________(SEAL) Jesse T. Wallace, Jr. Steve A. Bullock City Manager SSN:__________________ Mailing add: 4 Winder Court Approved as to form: Hampton, VA 23666 _____________________ __________________________(SEAL) Sally James Andrews Cheryl L. Wilt Chief Deputy City Attorney SSN:__________________ Mailing add: _____________________ Hampton, VA ________ Approved as to content ______________________ Jeff Cundiff Real Estate Manager 3 of 3  +5<NPTUe  / 8 9 : B C D E Q  , - . õêÙ{õqgh`},@OJQJh6/@OJQJ#jh"#nh6/@UaJh"#nh6/@aJ jh"#nh6/@UaJh"#nh`},@aJh"#nh`},5>*@aJh"#nh6/5>*@aJh"#nh`},>*@aJh"#nh6/>*@aJh"#nh6/5@aJh"#nh6/@aJ&9 E , - `a[\r $*$a$gd $*$]a$gd$a$gd $`a$gd"#nd$ 00*$]^`0a$$*$a$ $*$`a$". 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J2This AGREEMENT OF SALE made this day of , 1999, by and between THE CITY OF HAMPTON, VIRGINIA, a municipal corporation, hereinafter referred to as "Grantee"; and LValued Gateway Customergmorgan Oh+'0Lht     ,4<DThis AGREEMENT OF SALE made this day of , 1999, by and between THE CITY OF HAMPTON, VIRGINIA, a municipal corporation, hereinafter referred to as "Grantee"; and LValued Gateway Customer Normal.dotgmorgan3Microsoft Office Word@^в@D+Q@P@D+Q,՜.+,0 hp|   / d This AGREEMENT OF SALE made this day of , 1999, by and between THE CITY OF HAMPTON, VIRGINIA, a municipal corporation, hereinafter referred to as "Grantee"; and L Title  !"#$&'()*+,-./012345689:;<=>@ABCDEFIRoot Entry FPQKData 1Table%F"WordDocument@9SummaryInformation(7DocumentSummaryInformation8?CompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q