USVI Public Records

Document text

COMMITTEE OF THE WHOLE/FLOOR BILL NO. 36-0082 Thirty-Sixth Legislature of the Virgin Islands May 8, 2025 An Act granting a perpetual access easement by the Government of the Virgin Islands for a portion of Parcel No. 75 Estate LaGrange, West End Quarter, St. Croix, for ingress and egress only PROPOSED BY: Senator Milton E. Potter, by Request of the Governor WHEREAS, the Government of the Virgin Islands, (“grantor”) owns Parcel No. 75 1 Estate LaGrange, West End Quarter, St. Croix; 2 WHEREAS, the LaGrange Trust (“grantee”), owns Parcel No. 74 Estate La Grange, 3 West End Quarter, St. Croix; 4 WHEREAS, the Government of the Virgin Islands is authorized to grant easements over 5 its property pursuant to title 31 Virgin Islands Code section 205; 6 WHEREAS, grantor’s property and grantee’s property are adjacent to each other; 7 WHEREAS, grantee’s property is landlocked, and grantee has been accessing its 8 property over a portion of grantor’s property; 9 WHEREAS, the parties agree to establish a perpetual access easement for purposes of 10 ingress and egress to grantee’s property over grantor’s property. 11 2 WHEREAS, on January 23, 2025, the Governor, through the Virgin Islands Department 1 of Property and Procurement, approved the right of way easement for ingress and egress dated 2 December 16, 2024, for Parcel No. 75 Estate LaGrange, West End Quarter, St. Croix; 3 WHEREAS, the Department of Property and Procurement has acknowledged the 4 sufficiency of one dollar consideration received for the grant of easements; and 5 WHEREAS, title 31 Virgin Islands Code section 205 provides that no real property 6 owned by the Government of the Virgin Islands shall be sold, leased, improved, or otherwise 7 disposed of without the written approval of the Governor of the Virgin Islands on behalf of the 8 Government of the Virgin Islands and, if the term exceeds one year, the approval of the 9 Legislature of the Virgin Islands or the Finance committee of the Legislature when the 10 legislature is not in session; Now, Therefore, 11 Be it enacted by the Legislature of the Virgin Islands: 12 SECTION 1. Pursuant to title 31 Virgin Islands Code section 205, the Legislature of the 13 Virgin Islands approves: 14 (1) The grant of a perpetual access easement by the Government of the Virgin Islands, 15 through the Virgin Islands Department of Property and Procurement, running in favor of Parcel 16 No. 74 Estate La Grange, West End Quarter, St. Croix, as shown on Public Works Drawing 17 No. 191, for ingress and egress over and across portions of Parcel No. 75 Estate LaGrange, 18 West End Quarter, St. Croix, as shown on Public Works Drawing No. 191, as more particularly 19 set forth in the document titled “Grant Of Access Easement” approved by the Governor on 20 January 23, 2025; and 21 (2) The grant of a perpetual access easement by the Government of the Virgin Islands, 22 through the Virgin Islands Department of Property and Procurement, running in favor of Parcel 23 No. 74 Estate La Grange, West End Quarter, St. Croix, for the easement property at Parcel No. 24 3 75 Estate LaGrange, West End Quarter, St. Croix, for ingress and egress to the grantee’s 1 property, as more particularly set forth in the document titled “Grant of Access Easement” 2 approved by the Governor of the Virgin Islands on January 23, 2025. 3 BILL SUMMARY 4 The bill grants easements of the ingress and egress over property belonging to the 5 Government of the Virgin Islands. The easements granted under this bill are perpetual and run 6 with the land. The easements inure to the benefit of all current and future owners of the 7 dominant property. 8 The Grant of Access Easement document sets forth conditions, including indemnification 9 of the government from all liability, claims, loss, damages and expenses resulting from the 10 grantees’ use of the property. 11 BR25-0367/March 11, 2025/PFA 12 G36-002 13