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HomeMy WebLinkAboutSUB201900175 Review Comments Easement Plat 2019-11-12Prepared by: Nicole M. Scro, Esq. (VSB #90239) 912 East High Street Charlottesville, VA 22902 Parcel ID Nos.: 32-22C3, 32-70, and 32-71 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Court Clerk's fees under Virginia Code § 17.1-266. DEED OF EASEMENT (for Sight Distance on Northside Industrial Park) THIS DEED OF SIGHT DISTANCE EASEMENT, dated this 4th day of November- , 24W20 , is by and among LARRY B. HALL, BARBARA A. HALL, KERRY HALL ALLORTO, LESLIE CAROL HALL, LARRY BRENT HALL, JR., WADE BRANDON HALL, and SARAH ANN HALL (collectively, the "Grantors"), and the COUNTY OF ALBEMARLE, VIRGINIA (the "County"), a political subdivision of the Commonwealth of Virginia, Grantee for indexing purposes. WITNESSETH: WHEREAS, the following are the owners of those certain parcels of real property each located in the County of Albemarle, Virginia, and designated as per below on that certain easement plat prepared by Roger W. Ray & Assoc., Inc. entitled "Easement Plat Showing New SWM Facility Easement on Lot KK and Parcel L, and New Sight Distance Easements on Lot CC, Lot II, and Lot JJ, Northside Industrial Park, Also Existing 12' Drainage Easement on Parcel L, on Northside Industrial Park Hereby Extinguished, and Existing 20' Drainage Easement on Lot CC, Lot II, Lot JJ, and Lot KK on Northside Industrial Park Hereby Extinguished, Located on Northside Drive (State Route 1570), Rio Magisterial District, Albemarle County, Virginia," dated October 9, 2019, and recorded with that certain Certificate of Plat in the Clerk's Office of the Circuit Court of the Albemarle County, Virginia in Deed Book , page (the "Easement Plat"): (1) Larry B. Hall and Barbara A. Hall are the owners of that certain parcel of real property of approximately 2.25 acres, shown as "TMP 32-22C3, Lot CC, 2.250 Acres" on the Easement Plat ("Lot CC"), (2) Larry B. Hall is the owner of that certain parcel of real property of approximately 1.18 acres, shown as "TMP 32-70, Lot II, 1.180 Acres" on the Easement Plat ("Lot II"), and (3) Larry B. Hall, Kerry Hall Allorto, Leslie Carol Hall, Larry Brent Hall, Jr., Wade Brandon Hall, and Sarah Ann Hall are the owners of that certain real property of approximately 1.147 acres, shown as "TMP 32-71, Lot JJ, 1.147 Acres" on the Easement Plat ("Lot JJ" and together with Lot CC and Lot II, the "Property"); and WHEREAS, there is an existing sight distance easement located on those areas of the Property shown as "Existing Sight Distance Easement (D.B. 1074-143, 147 Plat)" on the Easement Plat (the "Existing Sight Distance Easement Area"); and WHEREAS, the Grantors desire to extend the Existing Sight Distance Easement Area by dedicating, granting and conveying all rights, title and interest in portions of the Property to the County, its successors and assigns, located on the areas shown as "New Sight Distance Easement" along the edges of the Existing Sight Distance Easement Area (together, the "Sight Distance Easement Area") on the Easement Plat. NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt of which is hereby acknowledged, the Grantors do hereby DEDICATE, GRANT and CONVEY unto the County, its successors and assigns, with GENERAL WARRANTY AND ENGLISH CONVENANTS OF TITLE, a perpetual, exclusive, sight distance easement on the Sight Distance Easement Area on the following terms and conditions (the "Sight Distance Easement"): i. The Sight Distance Easement shall be for the purpose of establishing and maintaining an unobstructed line of sight along State Route 1570 (Northside Drive) for the safety of the traveling public, at an elevation of no less than thirty (30) inches above ground level in conformance with the applicable Virginia Department of Transportation (VDOT) standards. ii. Within the Sight Distance Easement Area, no structures or plantings shall be placed which obstruct the line of sight at an elevation of thirty (30) inches above ground level. Any plantings within the Sight Distance Easement Area shall only be low growing ground cover or dwarf varieties of plants and shall not exceed twenty-four (24) inches in height. iii. The Grantors, its -their employees, agents, contractors, successors and assigns, reserve the right to place within the Sight Distance Easement Area shrubbery, vegetation, structures or other facilities consistent with the terms of this Sight Distance Easement and which do not materially obstruct the line of sight along State Route 1570 (Northside Drive) through the Sight Distance Easement Area. iv. The County shall have the right to trim, cut and remove trees, shrubbery, fences, structures and other obstructions within the Sight Distance Easement Area which exceed the height of thirty (30) inches. V. The Sight Distance Easement shall terminate, in whole or in part, at such time as State Route 1570 (Northside Drive) is widened along the Property and as a result of such widening, either through placement of the widening in the Sight Distance Easement Area or other change of circumstance caused by the widening, the Sight Distance Easement Area, or any part thereof, is no longer on the Property. 2 The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts this conveyancepursuant to Virginia Code � 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURE PAGES BEGIN ON THE FOLLOWING PAGE] WITNESS the following duly authorized signatures and seals: 'gym Larry B. Hall COMMONWEALTH/STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2019 by LgM B. Hall My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] 2 ima COMMONWEALTH/STATE OF CITY/COUNTY OF Barbara A. Hall to -wit: The foregoing instrument was acknowledged before me this day of , 2019 by Barbara A. Hall My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] 5 Kerry Hall Allorto COMMONWEALTH/STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this da. of 2019 by Hall Allorto. My commission expires: Notary Public Notga Registration No.: SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE IP1 Leslie Carol Hall COMMONWEALTH/STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2019 by Leslie Carol Hall My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] 7 IP17 L Larry Brent Hall, Jr. COMMONWEALTH/STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2019 by LgM Brent Hall Jr. My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] N. IP1 Wade Brandon Hall COMMONWEALTH/STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2019 by Wade Brandon Hall My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] IP17 L Sarah Ann Hall COMMONWEALTH/STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2019 by Sarah Ann Hall My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] 10 COUNTY OF ALBEMARLE, VIRGINIA By: Jeffrey B. Richardson, County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019 by Jeffrey B. Richardson, County Executive of the County of Albemarle, Virginia, on behalf of the County, as Grantee. My Commission Expires: Approved as to form: County Attorney 11 Notary Public