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Home My WebLink AboutWPO201800072 Easements 2019-02-21 Prepared by: Royer Caramanis,PLC Russell N.Kruse,VSB#78711 200-C Garrett Street Charlottesville,VA 22902 434-260-8767 Title Insurance Underwriter unknown to the preparer. Albemarle County Tax Map 03100-00-00-00700, 03100-00-00-007B0 The preparer of this document has been engaged solely for the purpose of preparing this instrument, has prepared the instrument only from the information given and has not been requested to provide,nor has the preparer provided an examination of the legal description,an opinion on title or advice on the tax,legal or non- legal consequences that may arise as a result of the conveyance,nor has such preparer verified the accuracy of the amount of consideration,if any,stated to have been paid or upon which any tax may have been calculated. GRADING,DRAINAGE,AND CONSTRUCTION EASEMENT This Grading, Drainage, and Construction Easement(the"Easement") is made and entered into this 21st day of February 2019,by and between JOHN E. GRUSS and KATHLEEN W. GRUSS, husband and wife, (collectively the "Grusses" or"Grantor") and BARRY W. WOOD ("Wood" or"Grantee"), and their respective successors and assigns (collectively referred to herein as the "Parties"). RECITALS: WHEREAS, the Grusses are the owners of a certain parcel of real property known as Albemarle County Tax Map 031 Parcel 7B (herein the"Gruss Parcel"), also known by its street address of 505 St. Francis Avenue, Earlysville,VA 22936. WHEREAS, Wood is the owner of a certain parcel of real property known as Albemarle County Tax Map 031 Parcel 7, which is located directly to the south and west of the Gruss Parcel and which Wood is proposing and seeking approval to subdivide into lots and to develop as "The St. Francis Avenue Extension". WHEREAS, in support of the proposed development of The St. Francis Avenue Extension, Albemarle County is requiring certain stormwater and erosion control measures be taken, including, but not limited to, the construction of a stormwater retention pond Page 1 of 7 designated as "Dry Pond" on a plat by Shimp Engineering, P.C. dated November 2, 2018 entitled"Easement Exhibit for Gruss Family 505 St. Francis Ave TMP 31-7B" (hereinafter the "Plat"), a copy of which is attached hereto as Exhibit A and incorporated herein. WHEREAS, the Grusses agree to grant to Wood, a Grading, Drainage, and Construction Easement (the"Easement") along with the associated permissions for access to and over the area designated on the Plat as "Proposed Grading and Private Drainage Esmt." (hereinafter the `Basement Area") for the purposes of performing construction and the grading to establish the drainage shown on the Plat. NOW, THEREFORE, in consideration of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the premises, the mutual covenants and conditions set forth herein, and other good and valuable consideration, the Grusses do hereby grant unto Wood a non-exclusive easement to use the Easement Area as that term is defined herein to the provisions hereinafter set forth: Scope of Easement for the Benefit of Grantee. The scope of the easement granted hereby shall be exclusively for purposes of accessing the Proposed Grading and Private Drainage Easement Area for the movement of construction equipment necessary for and earth movement resulting from permanent grading and construction activity therein. The scope of the easement granted hereby specifically includes the permanent drainage of water from the Dry Pond shown on the Plat onto and over the Gruss Parcel. Grantee acknowledges the location of the "Potential Drainfield Sites"marked on the Earlysville Animal Hospital Site Plan dated October 9, 1989 by H. Frederick Oesch, a copy of which is attached hereto as Exhibit B, on the Gruss Parcel, and agrees to undertake all reasonable efforts to insure that the access, construction and drainage rights granted hereby do not infringe, interfere, or damage any of • Page 2 of 7 those Potential Drainfield Sites. Location of Easement Area for the Benefit of Grantee. This Easement shall apply only to the location generally depicted on the Plat as "Proposed Grading and Private Drainage Esmt." and any area necessary for incidental drainage therefrom, which area shall herein be referred to as the"Easement Area": Nature of Construction in Easement Area. Grantor agrees that any construction and grading activities completed in the Easement Area shall remain undisturbed by Grantees, unless permission to change the same has been granted by Grantee. Other Permissions Granted for the Benefit of Grantee Grantor further grants to Grantee all associated permissions needed or required by the County to allow Grantee's contractor access to the area of the grading and construction activities for the future development of The St. ' Francis Avenue Extension for construction purposes. Both Parties understand, acknowledge, and agree that the grading and construction may result in minor encroachments into the Gruss Parcel outside the metes and bounds of the Easement Area shown on the Plat. Grantee shall cause its contractor to use its best efforts to avoid such encroachments. Grantor will exercise reasonable care in the performance of its work. No Post-Construction and Grading Alterations to Easement Area. All construction, drainage, and grading related work within the area of this License shall be in accordance with the engineering and permitting requirements of the County. Upon completion of the necessary construction and grading activity within the Easement Area, Grantor agrees not to take any action to affect the final grading and drainage. No Interference. Grantee shall at all times conduct its activities on, and with respect to, the Easement Area and the Gruss Parcel in such a manner as not to conflict or Page 3 of 7 interfere with the use of the Gruss Parcel. No Burning, Burying or Toxic Substances. Grantee, its contractors or agents shall not burn or bury debris on the Easement Area. Grantee shall not place trailers, sheds, or other structures, temporary or permanent, on the Easement Area, or store any materials or equipment or any flammable or explosive material thereon. No toxic substances and/or hazardous wastes, particularly those used in or generated as a result of the construction, installation, inspection, operation, maintenance, repair, alterations, or replacement shall be disposed of on the Easement J Area. Inspections Authorized. Grantor reserves the right to make periodic inspections of the manner in which Grantee is using the Easement Area. Compliance with Laws and Regulations. In exercising the rights granted by, and undertaking activity pursuant to this Easement, Grantee shall act in accordance with the laws, regulations, ordinances, permits, license and/or requirements of the Commonwealth of Virginia and any other governmental body or agency, whether local, state or federal having jurisdiction over development of The St. Francis Avenue Extension, and the parties, and over any and all permits, licenses or obligations relating to the licensed use and all related matters. Indemnification. Grantor shall not be responsible or liable for injuries to persons including death or damage to property when such injuries or damages are caused by or result from Grantee's use of the Easement Area under the terms of this Easement and are not solely due to the negligence of Grantor. Grantee or his successors hereby agree to indemnify and save harmless Grantor, its officers, agents, employees and assigns from any and all claims, demands, injury, or damages, including death, and liability of every kind and nature whatsoever for, on account of, or growing out of this Easement unless caused solely by the negligence of Grantor. Page 4 of 7 Grantee shall reimburse Grantor promptly for expenses incurred by Grantor to repair damage its equipment or facilities, including,but not limited to underground utilities resulting from, arising out of or in any way connected with use of the Easement Area by Grantee or the exercise by Grantee of the rights granted by or activity undertaken pursuant to this Easement. Insurance. Licensee and/or its contractor(s) shall obtain and maintain in force insurance providing coverage for the obligations of Grantee under this Easement. Miscellaneous. This Easement shall be construed, interpreted, and applied according to the laws of the Commonwealth of Virginia, and shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. All rights, obligations, and easements contained herein shall run with the land and be appurtenant thereto. [Remainder of Page Left Intentionally Blank—Signature Pages to Follow] Page5of7 [SIGNATURE PAGE TO GRADING,DRAINAGE,AND CONSTRUCTION EASEMENT] WITNESS the following signatures and seals: E AL) J E. Gruss l'&1I Jh4(, ) £ fl2A '(SEAL) Kathleen W. Gruss COMMONWEALTH OF VIRGINIA, COUNTY OF ALBEMARLE,to-wit: l C heJ le —a. k.Qe i.1 ,a Notary Public of the above-referenced jurisdiction, do hereby certify that John E.Gruss and Kathleen W. Gruss,hereby appeared before me and acknowledged the due execution of the aforesaid instrument this d) day of MARU ,2019. 3 Notary Public t^ Michelle B Neely . Commonwealth of Virginia My commission expires: 31,, 001 �Q ;s Notary Public , �, � Commission No.752547� ,�`1 °•R,,,,,;' My Commission Expires 03131l My commission number. --SaSLI [SIGNATURE PAGE TO GRADING,DRAINAGE,AND CONSTRUCTION EASEMENT] • (SEAL) Barry W. Wood COMMONWEALTH OF VIRGINIA, COUNTY OF ALBEMARLE,to-wit: I, iti1 i�f 1 -1 b . Noly ,a Notary Public of the above-referenced jurisdiction, do hereby certify that Barry W.Wood,hereby appeared before me and acknowledged the due execution of the aforesaid instrument this 6"day of 1\4 ARCH ,2019. Notary Public v s.,i;,,,,•-„ Michelle B Neely My commission expires: 3'3I'vl Ok9 i ` '' Commonwealth of Virginia ok Notary Public Commission No.7525475.- q"?^ .O`f My Commission Expires 031311 1l My commission number. .- 1S LiTS / EASEMENT EXhIBIT FOR � � I+ + + + + • GRUSS FAMILY :.`: :` ::: :..: \ \'.'J f:::.::;.:::•.:: °..a: .N +,1 505 ST, FRANCISAVE + + + ' • ..... • ::;` • + + + + + TMP31 -7B 4+ + + + + + + - II —02-20I 8 + ++t4.++`+++++++ + + + ;;:.::... + + + 1. + + ' _ ANIMAL HOSPITAL + + + + \ I-+ + + + ++. + + F + , +. X TMP31-7B + + + + + +-• WGRUSS, JOHN OR + + + + + I++++++++++ ++++. KATHLEEN \+++++++++++ I +++++/+++++ + DB. 1082 P. 640 \++++++++++\ \ / +++++++++`++' ZONED: RA lF++++++t+++! j +++++++++++++++*. 1+ + + + + +++++++++++ +++ + Ott + + / +4.+4.+ + + ++ + + + + + + + + +, r + / / + + + + + .� + + + + + + + + /++ + 1 ++++++++ ++++—. ,—+ ++++F++++�+r ++++ + ' RNV"' + ++++++++++- EX. 50' ACCESS ESMT 1iiiiw +,-++++++++++++++++++++++++ ++F +t.++++ `J S.' F + +++++++++++t ++++ s. / s \ � \ \ UTILITY POLE i I A9l s \ \\ / / �P��\S_ Id 'i� / \ s� �y�O�y ' PROPOSED GRADING \ i \ \ �� \ \ s�'� ��OFF AND DRAINAGERESMTT. \\ \\ \ - '% / \ EX. 50' ACCESS \ F \ i� \ ESMT 7 .0 / / \ \ \ ------:0--z----- 7. -'- ------'----7.-7--''''--- /.. • 7- TMP 31-7 / Z --/\ /, / 1 WOOD, BARRY ,��/ : /lf.� / /, /� � j�' �� 1 20 0 20 40 60 DB. 4957 P. 75 e� ' / IZONED: RA • ■ ■ ■ ■ ■i ` , �� / /),. � I SCALE: 1"=20' / . `u. QR� P � �/ PROPOSAL TO ACQUIRE: — C /�� GRADING & PRIVATE SHJMPENGINEERINGRC — _ _ DRAINAGE EASEMENT _ / -DIMENSIONS: 145' x 25' . ' / j WITHIN 50' ACCESS ESMT. ENGINEERING-LAM>PLANNING—PROJECT MANAGEMENT --i�i�-OHU-OHU-OHU OHU--OHU-•�- Er-- "Hl I-'OHU -OOHU OHU / /j/ i n7R- /� _�_ /I jv/ . ON TMP. 31-7B 912 EAST HIGH ST PHONE: (434) 227-5140 CHARLOTTESVILLE, VA 22902 JUSTINOSHIMP-ENGINEERING.COM