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Home My WebLink AboutSUB201800187 Easements 2018-12-13This document prepared by and after recording return to: Williams Mullen 321 East Main Street, Suite 400 Charlottesville, Virginia 22902 Albemarle County Tax Map Parcel Numbers: 04600-00-00-00180, 04600-00-00-0018A, 04600-00-00-0019A, 04600-00-00-019B1, 04600-00-00-019B3 and 04600-00-00-019134 DECLARATION OF LANDSCAPE EASEMENT THIS DECLARATION OF LANDSCAPE EASEMENT (this "Declaration") is made as of 2018, by CROCKETT CORPORATION, a Virginia corporation ("Crockett"), CHARLES R. HAUGH and DOUGLAS B. OGLESBY TRUSTEES Co -Trustees of the Ernest J. Oglesby Trust u/a dated October 21, 1970, and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby ("Trustees"), CHARLES R. HAUGH and ELIZABETH ANN OGLESBY HAUGH husband and wife ("Haugh"), and BROOKHILL TOWN CENTER, LLC, a Virginia limited liability company ("Brookhill") (collectively, "Declarant"), each to be indexed as Grantor and Grantee. WITNESSETH: WHEREAS, Crockett is the owner of the real property shown on the current tax maps of Albemarle County as Tax Map Parcel Numbers 04600-00-00-0019A, 04600-00-00-019B1, 04600-00-00-019B3, and 04600-00-00-019B4 (the "Crockett Parcels"), each as shown on the plat entitled "Comprehensive Easement Plat for Brookhill Blocks 1-8, Rivanna District, Albemarle County, VA" prepared by Roudabush, Gale & Associates, Inc. dated October 2, 2018, last revised November 16, 2018, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office") in Deed Book _, page ` and incorporated herein (the "Plat"); and WHEREAS, Trustee is the owner of the real property shown on the current tax maps of Albemarle County as Tax Map Parcel Number 04600-00-00-00180, as shown on the Plat (the "Trustee Parcel"); and WHEREAS, Haugh is the owner of the real property shown on the current tax maps of Albemarle County as Tax Map Parcel Number 04600-00-00-0018A, as shown on the Plat (the "Haugh Parcel") (together, the Crockett Parcels, the Trustee Parcel and the Haugh Parcel shall be referred to herein as the "Property"); and WHEREAS, Brookhill and its affiliates are contract purchasers of the Property and have obtained approval to develop a mixed -use neighborhood model development in Albemarle County on the Property (the "Project") which is subject to a Code of Development in accordance with the proffers as part of ZMA201500007 (the "Code of Development"); and WHEREAS, the Code of Development requires that a thirty (30) foot wide landscape buffer along Polo Grounds Road on the southern boundary of the Project, and a one hundred (100) foot wide landscape buffer along U.S. 29 on the western boundary of the Project, is established and maintained by the homeowners or property owner's association to be formed by Brookhill (the "Association"); and WHEREAS, Declarant desires to establish, declare and grant for the benefit of the Project a 30' Private Landscape Buffer Easement and a 100' Private Landscape Buffer Easement, each on a portion of the Property, and each as more particularly shown on the Plat recorded prior hereto, on the terms and conditions contained herein; and WHEREAS, the owner of the Crockett Parcels, the Trustee Parcel, and the Haugh Parcel, or any portion thereof, and each of their respective successors and assigns, shall be individually referred to herein as "Owner" and collectively referred to herein as the "Owners." DECLARATION OF EASEMENT NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises and the covenants and agreements hereinafter set forth, Declarant hereby covenants, agrees and declares that the Property shall be held, sold and conveyed subject to the following: 1. Landsca a Easement. 1.1 Declarant hereby declares, grants and conveys to the Owner of the Crockett Parcels, the Trustee Parcel and the Haugh Parcel, (i) that certain "30' PRIVATE LANDSCAPE BUFFER EASEMENT" as identified on the Plat (the "Polo Grounds Buffer Easement") on, through, over, under and across a thirty foot (30') wide strip of land along the southernmost boundary of the Property which fronts on Polo Grounds Road, and (ii) that certain 100 PRIVATE LANDSCAPE BUFFER EASEMENT" as identified on the Plat (the "US 29 Buffer Easement") on, through, over, under and across a one hundred foot (100') wide strip of land along the westernmost boundary of the Property which fronts on US 29 (together, the "Landscape Buffer Easement Area"). 1.2 The Polo Grounds Buffer Easement and the US 29 Buffer Easement shall be used by the Owners of the Property for the installation, maintenance, repair and replacement of plantings, vegetation, groundcover, underbrush and other customary landscape features necessary for the orderly development and operation of the Project, as approved by the County and in accordance with the Code of Development and any future declaration or restrictions affecting the Project. 1.3 The Declarant shall be responsible for maintaining, at its expense, the Landscape Buffer Easement Area in a good state of repair and in accordance with all applicable ordinances, including the Code of Development, until such time as the Owners dedicate and -2- convey the Polo Grounds Buffer Easement and the US 29 Buffer Easement to the Association. To the extent that any landscaping within the Landscape Buffer Easement Area is disturbed during the installation and/or replacement of permitted plants, vegetation, underbrush and other landscaping features and improvements, such disturbed areas shall be promptly restored at the sole expense of the Declarant or the Association, as applicable, upon completion of such work. 2. Dedication. The provisions of this Declaration are not intended to and do not constitute a dedication for public use, and the Polo Grounds Buffer Easement and the US 29 Buffer Easement and related rights and benefits created under this Declaration are private and solely for the benefit of the parties hereto. 3. Further Assurances. Declarant and Owners shall, from time to time, execute and deliver such documents and instruments of further confirmation and assurance, in recordable form, as may be reasonably requested by the other party to perfect, complete and confirm the rights, conditions, covenants, obligations and agreement created under or contained in this Declaration. 4. Waivers. No delay or omission by any party hereto in the exercise of any right or Power accruing upon any noncompliance or default by any party with respect to any of the terms of this Declaration shall impair any such right or power or be construed to be a waiver thereof, except as otherwise may be herein provided. Any waiver by either party of any covenant, condition or agreement to be performed by the other party must be in writing and otherwise shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained. 5. Controlling Law. This Declaration shall be construed, performed and enforced in accordance with the laws of the Commonwealth of Virginia. 6. Successors. This Declaration shall be binding upon Declarant and Owners together with their respective successors and assigns. 7. Headinas. Any captions or headings preceding the text of separate sections or paragraphs hereof are solely for reference purposes and shall not affect the meaning, construction, interpretation or effect of the text. 8. Modifications. This Declaration shall not be modified or amended except by an instrument duly executed by Declarant and Owners, which instrument shall be recorded in the land records of Albemarle County, Virginia. [Signatures Appear on Following Page] -3 WITNESS the following signature and seal. DECLARANT: BROOKHILL TOWN CENTER, LLC, a Virginia limited liability company 1 A By. (Seal) Name: .,., a. Title: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF c )ni to , TO WIT: I HEREBY CERTIFY that on this 2 j j"t" day of t\)! e Y,lo-eT , 2018, before me, a Notary Public for the state and city/county aforesaid, personally appeared as � of Brookhill Town Center, LLC, Declarant, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, on behalf of the partnership. NOTARY Notary Public My commission expires: - ar 1 VA Notary ID number: 69 ;4 14 SIGNATURES CONTINUE ON THE FOLLOWING PAGE -4- OWNER: CROCKETT CORPORATION, a Virginia corporation By: C 7� Name: ,Hak Title: PF-$_S T COMMONWEALTH OF VIRGINIA GI-W/COUNTY OF �r � 21 , TO -WIT: I Lair Dayton Haugh- a Notary Public, in and for the aforesaid jurisdiction, do hereby certify that N,v C , A,-;&J-1 whose name is signed to the foregoing Agreement as PP S 1 O l of Crockett Corporation has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. GWEN under my hand this day of&tfAA 2018. Notary Public [Affix Seal or Stamp] My commission expires: '? w3 I -Z-OZy Registration Number: /G/ & t 0 SIGNATURES CONTINUE ON THE FOLLOWING PAGE OWNER: (SEAL) CHARLES R. tUU0, IAdividually and As Co -Trustee of th rnest J. Oglesby Trust u/a dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby (.SEAL) EL ABETH ANN 066,4V HAU COMMONWEALTH OF VIRGINIA £i-f-Y/COUNTY OF /-rAfly)gge , TO -WIT: LikirOsyton Hough I,TARY C a Notary Public, in and for the aforesaid jurisdiction, do hereby certify that Charles R. Haugh, individually and as Co -Trustee of the Ernest J. Oglesby Trust u/a dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby, and Elizabeth Ann Oglesby Haugh, each of whose name is signed to the foregoing Agreement, has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. GIVEN under my hand this ,2� day ofA-4ffiff,92018. - --R- l,, Notary Public [Affix Seal or Stamp] 1,1111��l HAUGH f�,," ''�,� My commission expires: _ZC 7-C \,0 e��p�',• :""' ' •._ dam' Registration Number: /c / ` `;' o�• 2 '- �`\v SIGNATURES CONTINUE ON THE FOLLOWING PAGE *�'� .[� •••��' .� fit #111111\,\ OWNER: (SEAL) DOUGLAS B. OGLESBY, As Co -Trustee of the Ernest J. OgIesby Trust u/a dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby CAN- CITY/COUNTY OF L [Q TO -WIT: I' a Notary Public, in and for the aforesaid juris ' tion, hereby certify that Douglas B. Oglesby, as Co -Trustee of the Ernest J. Oglesby Trust ula dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby, whose name is signed to the foregoing Agreement, has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. GIVEN under my hand this My commission expires: Registration Number:AA- 372872441 _7_ of)V0U"L0_r ' 2018. Notes Public [Affix Seal or Stamp] -8-