HomeMy WebLinkAboutSUB201800063 Easements 2018-03-07of
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COUNTY OF ALBEMARLE vi
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 2290245%
Phone (434) 2%-3088 Fax (434) 972-4126
Date: April 12th, 2018
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2018-63 Eric&Kelsey Goolsby- Easment
Date Submitted: 04/09/2018
John:
Attached is the Declaration of Vacation and Termination of Right of Way Easement and
Driveway Maintenance, and the new Private Street Maintenance Agreement for the subdivision
plat referenced above for review and approval. Please let me know if you have any questions.
Thank you,
Faruk Hesenjan
On-call County Planner
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Prepared by: William D. Tucker, III
Tucker Griffin Barnes, PC — VSB #12360
265 Turkeysag Trail, Suite 111, Palmyra, VA 22963
Title Insurance Underwriter for Instrument: UNKNOWN TO PREPARER
Tax Map and Parcels: 10500-00-00-021EO and 10500-00-00-021E1
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THIS DECLARATION OF'VACATION AND TERNIINATION OF RIGHT
OF WAY EASEMENT AND DRIVEWAY. MAINTENANCE AGREEMENT, the
"Declaration," is made this 7t' day of March, 2018, by and between MARILYN MARIE
ELLINGER, Grantor, and ERIC W. GOOLSBY and KELSEY N. GOOLSBY, the
Grantees, and provides:
The Grantor is the owner of that certain tract or parcel of land, with all
improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia,
shown as Lot 2, containing 37.8 acres, more or less, on plat prepared by Carroll Gillespie,
C.L.S., dated January 22, 1971, the "Ellinger Property," which was conveyed to her by
deed of gift dated July 22, 2005, from Nellie Marie Harris Ellinger recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 3035, page 447.
The Grantees are the owners of that certain lot or parcel of land with improvements
thereon and appurtenances thereto, situated in Albemarle County, Virginia, on the north
side of State Route 618, containing 6.722 acres, more or Iess, the "Goolsby Property,"
which is designated as Lot A on a plat made by B. Aubrey Huffman & Associates; Ltd.,
dated December 19, 1994, recorded in the said Clerk's Office in Deed Book 1453, page
59; being the same property conveyed to the Grantees by deed from the Grantor dated
January 12, 2017, recorded in the said Clerk's Office in Deed Book 4865, page 471.
By deed of gift dated January 6, 1995, recorded in the said Clerk's Office in Deed
Book 1453, page 57, the Grantor was conveyed the Goolsby Property subject to a. non -
1
exclusive thirty foot (30') wide easement of right of way for ingress and egress to State
Route 618 (Martin Kings Road), the "Easement," for the benefit both Properties.
The deed conveying the Goolsby Property from the Grantor to the Grantees was
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made expressly subject to the Easement and to the terms and conditions of a Declaration
of Driveway Easement Maintenance dated December 13, 2016, the "Maintenance
Declaration," recorded in the said Clerk's Office in Deed Book 4865, page 466.
The parties desire to hereby vacate and terminate the Easement and the
Maintenance Declaration.
The County of Albemarle Virginia Planning Department has approved the plat
captioned "Plat Showing Abandoned And Relocated 30' Access Easements on Tax
Map 105 Parcel 2121" dated January 4, 2018, prepared by Chambers Land Surveying, the
"Plat," which is attached hereto and made a part hereof.
Therefore, in consideration of the establishment of new access easements and a
utility easement as set forth in a Deed of Easement recorded immediately subsequent
hereto, and for other consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby vacate and terminate forever the Easement and the
Maintenance Declaration.
SIGNATURES APPEAR ON FOLLOWING PAGES
2
WITNESS the following signatures and s eparat si ature pa
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E
COMMONWEALTH OF VIRGINIA
COUNTY OF to -wit:
L M nAw [�{ Ls. _ , a Notary Public of the above -
referenced jurisdiction, do hereby certify that Marilyn Marie Ellinger hereby appeared before
me and acknowledged the due execution of the aforesaid Declaration of Vacation and
Termination of Right of Way Easement and Driveway Maintenance Agreement this �J--
day of �� , 2018.
UMMA L SMITH
NO ARY REGISTRATION NOL 763M
NOTARY PUBLIC
MY COM M10 EXPIRES. SEPT. 30,, 2019
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My commission expires: _Cj - Cj
6�r� g&��
(SEAL)
Eric W. Goolsby
(SEAL)
Kelsey%1. Goolsby
COMMONWEALTH OF VIRGINIA
COUNTY OF a , to -wit:
Harr, �'�- �'Ls; *� , a Notary Public of the above -referenced
jurisdiction, do hereby certify that Erie, W. Goolsby and Kelsey N. Goolsby hereby appeared before
me and acknowledged the due execution ofthe aforesaid Declaration of Vacation and Termination
of Right of Way Easement and Driveway Maintenance Agreement this 28"0' day of
2018.
C1 �1n X71 �; r,
Notary 'b '
My commission expires: J L,,. 30, ZOt`t
MARY M MARTIN
NOTARY PUBLIC
REGISTRATION # 327613
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JUNE 30, 2019
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proprIators and tavaFeea. A� refereoae to
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The land use regulations listed/described herein are Imposed pursuant to the Albemarle County Zoning Ordinance In effect this data and
are not restrictive covenants running with the land and thelr appearance on this plat Is not intended to Impose them as such.
Notes:
1) The properly is tuned RA.The front yard setbacks per Alb. Co. Code are 25' from the private access easement, and 75' from the right-of-way
for State Route 818. Side yard setbacks are 25'. Rear yard setbacks aro W. Accessory structures aro allowed within IF of a side or roar lot line
but are prohibited wA the minimum front yard per Alb. Co. Code.
2) This property Is within the Buck Island Crack Watershed and Is not In an ag/ forestal district.
3) This property Is not within a 100 year flood zone per the FEMA Flood Ins. Rate Map 0 51003CD450D dated 2!0402005 for Albemarle County.
4) The old 30' access easement shown hereon Is subject to a declaration of driveway maintenance recorded In 08 4885 Pgs. 488-470. That
agreement will be voided and replaced and the old 30' access easement will be abandoned and relocated by a dead signed by the owners of
TM 105,21 E1, the owners of TM 105-21 E, and by a designated agent for Albemarle Co. to be recorded simultaneously with this plat The tubo -
aced 30 private access easement will be fora privately maintained driveway as outlined by said deed. fl shag not be maintained by VDOT or the
County of Albemarle.
5) This plat was prepared without benefit of a title report and may or may not reflect all easements affecting the properly.
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Prepared by: William D. Tucker, H1
Tucker Griffin Barnes, PC — VSB #12360
265 Turkeysag Trail, Suite 111, Palmyra, VA 22963
Title Insurance Underwriter for Instrument: None
Tax Map and Parcels: 10500-00-00-021EO and 10500-00-00-021E1
THIS DEED OF EASEMENT AND ROAD MAINTENANCE AGREEMENT, the
"Deed of Easement," is made this 7th day of March, 2018, by and between ERIC W. GOOLSBY
and KELSEY N GOOLSBY, the Grantors, and MARILYN MARIE ELLINGER, the Grantee,
and provides:
The Grantors are the owners of that certain lot or parcel of land with improvements thereon
and appurtenances thereto, situated in Albemarle County, Virginia, on the north side of State Route
618, containing 6.722 acres, more or less, the "Goolsby Property," which is designated as Lot A on a
plat made by B. Aubrey Huffman & Associates, Ltd., dated December 19, 1994, recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1453, page 59,
being the same property conveyed to them by deed from the Grantee dated January 12, 2017, recorded
in the said Clerk's Office in Deed Book 4865, page 471.
The Grantee is the owner of that certain tract or parcel of land, with all improvements thereon
and appurtenances thereto, situated in Albemarle County, Virginia, shown as Lot 2, containing 37.8
acres, more or less, on plat prepared by Carroll Gillespie, C.L.S., dated January 22,197 1, the "Ellinger
Property," which is a portion of the property conveyed to the Grantee by a deed of gift dated July 22,
2005, from Nellie Marie Harris Ellinger recorded in the said Clerk's Office in Deed Book 3035,
page 447.
By Declaration of Vacation and Termination of Right of Way Easement and Driveway
Maintenance Agreement dated March 7, 2018, the 'Declaration," which is recorded immediately
prior hereto, all prior rights of way, access easements, and driveway maintenance agreements between
the parties with respect to the Goolsby and Ellinger Properties were terminated.
The parties desire to establish new private access easements over the Goolsby Property for
the partial benefit of both Properties, and a new utility easement over the Goolsby Property for the
benefit of the Ellinger Property, all as shown and described on a plat captioned "Plat Showing
Abandoned And Relocated 30' Access Easements on Tax Map 105 Parcel 21E1" dated January 4,
2018, prepared by Chambers Land Surveying, the "Plat," which is attached to the Declaration, on the
terms and conditions set forth herein.
Therefore, in the consideration of the Declaration and for other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantors grant and convey unto the
Grantee a perpetual easement of right-of-way shown and described on the Plat as "Non-Excl. Ease."
and the "Exclusive Use Access Easement." The former is referred to herein as the "Joint Easement"
and the latter is referred to herein as the "Exclusive Easement."
For the cited consideration the Grantors further grant and convey unto the Grantee a
perpetual utility easement located within the Joint Easement and the Exclusive Easement. The
term "utility easement" as used herein shall be broadly interpreted and shall, without limitation,
include replacement, reconstruction and correction of defects or damage to the utility equipment.
The Grantors and the Grantee shall be equally responsible for the costs of maintenance and
repair of the Joint Easement, provided that in the event that an owner, or an invitee or agent of an
owner, causes damage to the Joint Easement, that owner shall be solely responsible for the cost of
repair. The Grantee shall be solely responsible for the maintenance and repair of the Exclusive
2
Easement. Notwithstanding the above, the Grantors shall be responsible for any damage caused by
their use of the Exclusive Easement.
The Joint Easement shall be maintained so that it is reasonably safe for use by passenger
automobiles and emergency vehicles at all times, except in severe temporary weather conditions.
The terms "maintenance" and "repair" as used herein shall be broadly interpreted and shall,
without limitation, include replacement, reconstruction and correction of defects or damage and
removal of debris which may negatively impact the reasonable use thereof. Repairs shall include
without limitation grading, cleaning of pipes and ditches (if applicable), addition or removal of
stone, and cutting of trees reasonably deemed to be in condition which may have an imminent
negative impact on use of the Joint Easement.
In the event that either party deems that maintenance or repairs should be made to the
Joint Easement in accordance with the standard set forth herein, he shall so notice the other party
in writing prior to affecting the maintenance or repairs. The terms pertaining to the maintenance
or repair must be agreed upon by all affected parties before the start of such work.
In the event that either party fails to pay his proportionate share of maintenance and/or
repair expenses within thirty (30) days of receipt of receipt of an invoice for such work, he shall
be in default, and in such event the non -defaulting party may cause the preparation of a statement
of delinquency in recordable form. The recordation of a statement of delinquency shall in itself
create alien against the property whose owner has not contributed his proportionate share of the
subject costs. Once recorded, the lien shall have priority as to any subsequent liens recorded
against the subject property. The owner filing the lien may bring an action at law or in equity
against the delinquent property or its owner. All costs incurred as a result of a delay in paying the
invoice, interest at the current legal rate from the date of the recordation of the lien, and the costs
3
of the action to enforce the lien, including without ]imitation reasonable attorney's fees, shall be
added to the amount of the assessment.
Neither party shall permit any person to park any car nor locate any obstruction within the
Joint Easement which in any manner will cause an obstruction to the use thereof.
The Easements established hereby are private; and will not be maintained by Albemarle
County, the Commonwealth of Virginia, the Virginia Department of Transportation, or any other
public agency.
The Crrantors hereby reserve the right to make any use of the property over which the
Easements lie which does not interfere with the purposes for which either of the Easements has
been established.
This terms and conditions of this Deed of Easement, including without limitation the road
maintenance terms, shall ran with the land and shall inure to the benefit of and shall be binding upon
the parties hereto, their respective personal representatives, successors and assigns.
SIGNATURES APPEAR ON FOLLOWING PAGES
4
-V
WITNESS the follow
C+
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF b
1, .y- a Notary Public of the above -referenced
jurisdiction, do hereby certify that Marilyn Marie Ellinger hereby appeared before me and
acknowledged the. due execution of this Deed of Easement this day of
C"AA 2018.
tary Public
MIRANDA L SMITH My commission expires: " 1 6y
NOTARY RECIV RATION Na 7630663
NOTARY PUBLIC
COMMONWMTII OF VIRGINIA
MY COMMISSION EXPIRES: SEPT. 30.1019
5
SE
Enc W. Goolsby �}
Kelsey lsby
(SEAL)
COMMONWEALTH OF VIRGINIA
COUNTY OF FILL U �,M to -wit:
k4 ' ,• 'r' a Notary Public of the above -referenced
jurisdiction, do hereby certify that Eric W. Goolsby and Kelsey N. Goolsby hereby appeared before
me and acknowledged the due execution of this Deed of Easement this Zed" day of
M.ar r-, 2018.
Notary h
My comma expires:
R1
MARY M MARTIN
NOTARY PUBLIC
REGISTRATION N 327613
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JUNE 30, 2019