The URL can be used to link to this page

Home My WebLink AboutSUB201900011 Easements 2019-02-25 Prepared by: MartinWren PC 400 Locust Avenue, Suite 1 Charlottesville,Virginia 22902 434.817.3100 Albemarle County Tax Map 10000-00-00-017A4, 10000-00-00-017A7, 10000-00-00-017A8 DEED OF EASEMENT THIS DEED OF EASEMENT ("Deed") is made as of this 25th day of February, 2019, by and among JED R. HANNAY AND JULIE J. HANNAY, husband and wife, (together,the "First Grantor"), and JOHN M. THACKSTON,(the ("Second Grantor"and"Grantee"), as the owner of two parcels of land known as Albemarle County Tax Map 100, Parcels 17A7 and 17A8. WITNESSETH: WHEREAS,the First Grantor is the owner of that certain real property(hereinafter the "Residue") located in Albemarle County, Virginia,more particularly described as follows: All that certain tract or parcel of land,with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, on the northwest side of State Route 631, containing 21.00 acres, more or less, shown as Residue, on a plat by Lum, Stanley and Associates, PLC, dated September 22, 2009, recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book 3806,pages 9-13. Parcel number 10000-00-00-017A4. The subject property is known by present street numbering as 3130 Old Lynchburg Road, North Garden, Virginia. WHEREAS, the Second Grantor and Grantee is the owner of that certain real property (hereinafter "Lot A") located in Albemarle County, Virginia, more particularly described as follows: All that certain tract or parcel of land, with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, on the northwest side of State Route 631, containing 21.00 acres,more or less, shown as Lot A, on a plat by Lum, Stanley and Associates, PLC, dated September 22, 2009,recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book 3806,pages 9-13. Parcel number 10000-00-00-017A7. The subject property is known by present street numbering as 3136 Old Lynchburg Road, North Garden, Virginia. WHEREAS, the Grantee is also the owner of that certain real property (hereinafter "Lot B") located in Albemarle County, Virginia, more particularly described as follows: All that certain tract or parcel of land,with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, on the northwest side of State Route 631, containing 21.00 acres, more or less, shown as Lot B,on a plat by Lum, Stanley and Associates, PLC, dated September 22, 2009, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 3806,pages 9-13. Parcel number 10000-00-00-017A8 WHEREAS, it is the intent of the First and Second Grantors to grant and convey an access and utility easement over a portion of the Grantor's parcel as shown on the attached plat prepared by Brian S. Ray, Land Surveyor, of Roger W. Ray&Assoc., Inc., dated September 7, 2018, last updated January 25, 2019, entitled"Easement Plat Showing New 20' Private Street and Underground Utility Easement on T.M.100-17A4& T.M. 100-17A7 to Serve T.M. 100- 17A7 & T.M. 100-17A8 Located on State Route 631 (Old Lynchburg Road)About One Mile Northeast of South Garden Samuel Miller Magisterial District Albemarle County,Virginia". This shall be a new 20 FEET WIDE non-exclusive ingress and egress easement and underground utility easement(hereinafter,the "Easement") for the residential use and benefit of Lot A and Lot B in accordance with this Deed of Easement. NOW,THEREFORE, for and in consideration of the premises and the undertakings contained herein as well as the payment of monies, the receipt and sufficiency of which are hereby acknowledged; the First and Second Grantors hereby grant a perpetual,non-exclusive easement appurtenant on and across the Easement Area for the carrying of underground utilities which will service residential property for the benefit of Lot A and/or Lot B and for access for residential purposes which is more clearly defined by the Road Maintenance Agreement which is attached hereto and recorded immediately subsequent hereto. USE OF EASEMENT: Grantee's use of the Easement is restricted to that of Grantee's principals, agents, invitees, and guests. It is the intention of the parties hereto that such persons shall have free access to and upon the Easement for ingress and egress purposes which are normally and reasonably associated with a privately owned residential property. The general public's use of the Easement is prohibited. Use for commercial, logging or timber purposes is prohibited other than for Grantee's reasonable efforts to maintain the health of Grantee's land. MINIMUM STANDARD: The Road shall be maintained with a minimum 10 FEET wide base of gravel or a superior surface as required and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. • INTERFERENCE: Neither First or Second Grantor nor Grantee shall erect any improvements or other facilities upon the Easement which may impair the ability for passenger automobiles to travel over and across the same without prior mutual consent. RESTRICTION: Grantee's permission shall be strictly construed according to this Deed of Easement and shall not include permission to use, travel or go upon other parts of Grantor's land which are outside of this defined Easement. Grantee shall have no permission or authority to use any types of pesticide, herbicide, or fertilizer sprays or other substances to maintain the Easement without prior written approval from Grantor. BINDING EFFECT: The Easement and the rights and obligations established herein Page 2 of 5 shall run with the lands, and shall be binding upon and inure to the benefit of the parties and their personal representatives, successors and assigns. This Deed may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute a fully executed instrument. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. COUNTERPART SIGNATURE PAGES TO FOLLOW. Page 3 of 5 [SIGNATURE PAGE TO DEED OF EASEMENT.] WITNESS the following duly authorized signatures as of e date first written above. GRANTOR: . ANNAY COMMONWEALTH OF VIRGINI CITY OF CHARLOTTI SVILLE,to-wit: CCU The foregoing instrument was acknowledged before me this AS day of February, 2019, by JED HANNAY. \‘`` pOLYAI Q(i&u -‘61g% , w/ REGISTRATION 18751NO.': E. Print Name: L L Ew1�J I L.A Cl MY COMM.09 30/20221RES, NotaryM Public q 4, c fr/RGOt:*.G �`� 1„`/ 04000. E'�.ittc'S qi,s ip�.0a� '4RYPl1��``�� 1 GRANTOR: LI r . HANNAY COMMONWEALTH OF VIRGINIA to-wit: COQ 0 A-16Com ' The foregoing instrument was acknowledged before me this,$ day of February, 2019, by JULIE HANNAY. "vjjajt- SY. 7/ /$ ON ½ p0LY/V/ / II Print Name: Iy J LACy 91. REGISTRATION NO.. = Notary Public :NY COMM.EXPIRES: _ 0930/2022 /'N w 6"X i/ LES q „so/A02.2 Page 4 of 5 [SIGNATURE PAGE TO DEED OF EASEMENT] GRANTEE: 46 till OHN M. THACKSTON COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: Cow*/ of AI(3Avtale The foregoing instrument was acknowledged before me this 2 S day of February, 2019, by JOHN M. THACKSTON. Print Name: C-o ci A o(y,i L A c f Notary Public / COMM ISSlow) cV.,/MS : 9/S° °14 011111111/W/ 1Np9LY/11///iii V':G° 911 " ss .0 REGISTRATIONti NO.'.187571 ;MY COMM.EXPIRES' 09/30/2022 Page 5 of 5