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HomeMy WebLinkAboutSDP201900073 Easements 2003-05-13Instrument Control Number 011148 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A JILS VLR Cover Sheet Agent 1.0.661 T C Date of Instrument: [5/13/2003 ] A 0 Instrument Type: [DEX ] X R E PNumber of Parcels [ 1 ] X Number of Pages [ 71 E M City ❑ County x❑ [Albemarle County P F Last Name Firs [minetos ] [dennis ❑ ❑ [hurt investment company] [ Last Name ❑ ❑ [hurt investment company] [ ❑ ❑ [minetos ] [dennis 1i111if1�1111�i iiiiiiiiil�lmilli lll���t�� Doc ID: 000376860008 TVPe : DEE Recorded: 05/13/2003 at 11.01:40 AM Fee Amt: $50,90 Page 1 of 9 SHELBY MARSHALL,CLERK CIRCUIT CT - Shelby Marshall Clerk Circuit Court FileN 2003-00PQ114g [` BK2456 6 2-_69%f (Box for deed Stamp Oniy) Middle Name or Initial l 1[ ][ Grantee Address (Name) [dennis minetos } (Address 1) [1389 dchmond road ] (Address 2) [ } (City, state, zip) [charlottesville ] [VA ] [22911 ] Consideration,[.grN.q n0.0 p] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [78-13 & 78-73a ] Tax Map Num. (if different than PIN) [78-13 & 78-73a } Short Property Description [78-13 & 78-73a } Current Property Address (Address 1) [1389 richmond road ] (Address 2) [ ] (City, State, zip) [Charlottesville ] [VA ] [22911 ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, state, zip) Customer Case ID Cover Sheet Page # 1 of 1 [st john bowling & lawrence [st John bowling & lawrence [st john bowling & lawrence 1416 park st [Charlottesville [ I r,i Sri i�0 7ir'!1 5T Ir I Prepared by St. John, Bowling & Lawrence, LLP TM No: .i�-k THIS DEED of EXCHANGE of EASEMENT is made this T day of May, 2003, by and between DENNIS MINETOS, ("Minetos"), 1389 Richmond Road, Charlottesville, Virginia 22911, Grantee of an easement from HURT INVESTMENT COMPANY, a Virginia Corporation ("Hurt Investment"), P.U. Box 8142, Charlottesville, Virginia 22906, and Grantor of an easement to Hurt Investment;, and Hurt Investment, Grantee of an easement from Minetos and Grantor of an easement to Minetos. WITNESSETH: WHEREAS, Minetos is the owner of a certain lot or parcel of land designated on Albemarle County Tax Map 78 as Parcel 13 as further described in the attached plat of Timothy R, Miller, CLS dated January 14, 2003, revised February 28, 2003 (the "Plat") and in deeds of record in the Clerk's Office of the Circuit Court for the County of Albemarle in Deed B66' 'k 975 at page 458 and Deed Book 2128 at Page 545 ("Minetos' Property"); and WHEREAS, Hurt Investment is the owner of a cert4iri tract or parcel designated on Albemarle County Tax Map 78 as Parcel 73A which property is further described on the Plat and in deeds of record in the aforesaid Clerk's Office in Deed Book 1485 at Page 406 and Deed Book 2128 at Page 242 ("Hurt's Property"); and WHEREAS, Minetos desires to grant to Hurt Investment an easement across and through Minetos Property for the benefit of Hurt's Property; and WHEREAS, Hurt Investment desires to grant to Minetos an easement along and across Hurt's Property for the benefit of Minetos' Property. NOW THEREFORE, for and in consideration of the premises and TEN Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the parties GRANT and CONVEY as follows: Minetos GRANTS and CONVEYS unto Hurt Investment Company two twenty footArainage easements along, across and through Minetos' Property, which easements are appurtenant to Hurt's Property and are shown and described on the Plat as DE 1, DE2, DE3 and DE4; and Hurt Investment GRANTS and CONVEYS to Minetos a landscaping easement along and through Hurt's Property which easement is appurtenant to Minetos' Property as shown on the Plat as LEI, LE2, LE3 and LE4 and the property between said landscaping easement line and the southeast border of Minetos' Property (the "Landscaping Easement"). 1. The drainage easement described by DE1 and DE2 is improved by an underground culvert. I. a. Minetos reserves the right, but not the duty, to repair and/or replace the culvert at his discretion within the easement and/or 2 relocate both the easement and the culvert so long as the new location provides the same or greater drainage for Hurt's Property. b. Hurt shall have the right, upon reasonable notice to Minetos, to enter Minetos' Property to repair and maintain the culvert within the drainage easement described by DE1 and DE2. Should any such maintenance and repairs require removal of any portion of the pavement, the same shall be immediately replaced in a workmanlike manner and comparable to the original at the cost and expense of Hurt. 2. The drainage easement described in DE3 and DE4 is an open swale across a portion of Minetos' Property which is not improved. a. Minetos reserves the right but not the duty to install a culvert within the easement area in lieu of the open swale . Should Minetos install such a culvert, Minetos will have the right but not the duty to relocate the culvert within the easement and repair and replace the same at his discretion. b. Hurt shall have the right upon reasonable notice to Minetos to enter Minetos' Property, to repair and maintain the open Swale and/or successor culvert provided that any repair or maintenance which alters the Minetos' Property shall be 3 promptly repaired to its original condition by Hurt at the cost and expense of Hurt. 3. Minetos shall have the right within the Landscaping Easement to install and maintain such landscaping and vegetation as he deems appropriate in his discretion, Hurt agrees that he shall not interfere with Minetos' right to install and maintain such landscaping. 4. The easements conveyed herein shall run with the land. Witness the following signatures and seals: STATE OF VIRGINIA CITY/COUNTY OF Q!Jgy'lOjl.L4- By: _ - lhlllllyz-Lll�-�-'� ebi-JENNIS" MINET HURT INVESTMENT COMPANY, INC. r Charles W Hurt, A� 4 The foregoing instrument was acknowledged g before me this ,�. day of May, 2003 by Dennis Minetos. My Commission expires:Djtj m_x E STATE OF VIRGINIA BIW/COUNTY OF 141 6.o�-y The foregoing instrument was acknowledged before me this day of May, 2003 by Charles W Hurt, agef. frvs'jgz�- Notary Pu Ic My Commission expires: minetos,easement(sp101) �1 OWNERS APPROVAL—Porcel 13 Conveyance of the easement and / or dedication shown is with the free consent of and in accordance with the desire of the undersigned owner , trustees, or, propiet_or. To wit: The foregoing instrument was acknowledged before me this '1--_doy of f- _ 2003. Wcommision expires: OWNERS APPROVAL —Parcel 73A Conveyance of the easement and / or dedication shown is with the free consent of and in accordance with the desire of the undersigned owner , trusty s, or ropietor. To wit: The foregoing instrument was acknowledged before me this Vtlb- day of 2003. My commision expires: t-1011V4611 lid Designated Agent toi Board of Supervisors 3V�,a45 66 P45e 6 6 6 PLAT SHOWING SEWER, DRAINAGE & LANDSCAPE EASEMENTS FOR TAX MAP 78 PARCELS 13 & 73A RIVANNA DISTRICT, ALBEMARLE COUNTY, VIRGINIA SCALE 9 " = ! 00' DATE: DECEMBER 26, 2002 780013, dwg Rev. JANUARY 14, 2003, Rev FEBRUARY 28, 2003 RIVANNA ENGINEERING & SURVEYING, PLC P.O. BOX 7603; CHARLOTTESVI'LLE, VA. 22906 P: 804.984.1699 F: 804.984.8863 VICINITY MAP Sheet t of 2 CoursE Bearing Distance SE1 S 61'03 00 E 10.00 SE2 S 28'55'24 W 72.28' SE3 S 27'31 58' E 32.88 SE 4 S 56'02 29 E 121.6 4' SE5 S 82'25 30 E 51.36' Cours Bearing Distance DE1 S 5717'18" E 155.21' DE2 N 78030 46" E 67.45' DE3 S 35'30 04 E 116.44' DE4 S 72'30 28 E 83.38 Coursf Searing Distance LE1 S 81'23 22" E 24,67' LE2 N 51'14 39' E 97.34 LE3 N 29'23 44" E 148.61' LE4 N 05'16'43" E 101.22' LE5 I N 60'32'59 W 23.38' Existing 20'. Sanitary Sewer Easement DB 1882--582 TM 78 Parcel 14 A S & B Realty Venture LLC DB 1895-690 TM 78 Parcel 14j Virginia's First Fami�y of Fine Cars, Inc. M-' DB 1743-550 M "?>k-aqS& p5 • G84T ,4` TM 78 Parcel 13 a . Dennis Minetos 3.734 Acs DB 2128-545 20' Sanitary Sewer- Easement Reserved for Public Use \~\ , ',, `\;`\\\ DE2.,,_ ter..• 20'"~ 1F Drainage Easement ., Drainage \ Easement O TM 78 Parcel 20NN o `� Carrage Hill Ltd. ``� �`" Partnership = DB 1737--30 ��, - w /o r N1, T S all 0 �, TIMO Y R. MILLER �• CERTIFICATE No. F 2065 PLAT SHOWING SEWER, DRAINAGE & `,, � �i�,Y�..'4.�i-�s �a�` o LANDSCAPE EASEMENTS FOR �. �W Fo A�� i TAB tA� PA R C'LS 1 3A RIVANNA DISTRICT, ALBEMARLE COUNTY, VIRGINIA � . SCALE 1 " = 100' DATE, DECEMBER 26, 2002 780013. dwg Rev. JANUARY 14, 2003, Rev FEBRUARY 28, 2003 Sheet 2 of 2 RIVANNA ENGINEERING & SURVEYING, PLC 0 100 200 P.O. BOX 7603; CHARLOTTESVILLE, VA. 22906 P. 804.984,1699 P. 804.984.8863 F MMMS a �IVS RECORDED IN CLERKS OFFICE OF ALBEMARLE ON May 13,2003 AT 11:01:40 AM $0.50 GRANTOR TAX AD AS REQUIRED BY VA CODE958.1-802 STATE: $0.25 LOCAL: $0.25 SHELBY MARSHALL,CLERK CIRCUIT CT. y 1 DC