HomeMy WebLinkAboutSUB202000064 Deed of Sight Distance Easement 2020-04-07This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number: 09000-00-00-02800
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from and from Court Clerk's fees
under Virginia Code § 17.1-266.
DEED OF SIGHT DISTANCE EASEMENT
THIS DEED OF SIGHT DISTANCE EASEMENT, dated this I day of ,
2020, is by and between STANLEY MARTIN COMPANIES, LLC, a Maryland limited liability
company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of
the Commonwealth of Virginia ("County"), Grantee.
WITNESS:
WHEREAS, the Grantor is developing the property shown on the plat of "Plat Showing
Subdivision of Spring Hill Village Scottsville District, Albemarle County, Virginia," dated
January 21, 2020, and last revised April 6, 2020, a copy of which is attached hereto and to be
recorded with this deed (the "Property" and the "Plat"); and
WHEREAS, as a condition of subdividing the Property as shown on the Plat, the Virginia
Department of Transportation ("VDOT") is requiring the establishment of a sight distance
easement along Dauphin Drive and Loyola Way as it fronts the Property, whose location is
depicted on the Plat as the "New Variable Width Public Sight Distance Easement" (the
"Easement").
NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY unto the County the Easement depicted on the Plat, to be located as shown on the Plat
for the purpose of establishing and maintaining an unobstructed line of sight along Dauphin Drive
and Loyola Way at an elevation of no less than thirty inches above ground level in conformance
with the applicable VDOT standards.
The Easement shall be subject to the following:
1. Structures or plantings more than 30 inches above ground level prohibited. Within the
Easement, neither the Grantor nor any successor or assign shall establish structures, facilities or
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plantings that obstruct the line of sight at an elevation of thirty (30) inches above ground level.
Any plantings within the easement area shall only be low growing ground cover or dwarf varieties
of plants and shall not exceed twenty-four (24) inches in height.
2. Right of the County and VDOT to maintain. The County and VDOT, and their respective
employees, agents, independent contractors, volunteers, successors and assignees, shall have the
right to trim, cut and remove trees, shrubbery, fences, structures and other obstructions within the
Easement, including any such obstructions existing within the Easement on the date of the grant
and conveyance of this Easement, that exceed the height of thirty (30) inches above ground level.
This conveyance is made subject to applicable easements, restrictions, covenants and
conditions contained in duly recorded deeds, plats and other instruments constructive notice in the
chain of title which have not expired by time limitation contained therein or otherwise have
become ineffective.
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
conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE}
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Version: 11/20/2019
WITNESS the following duly authorized signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
STANLEY MARTIN COMPANIES, LLC
Name:
Title:
The foregoing instrument was acknowledged before me this day of
, 2020, by , as , on behalf of
Stanley Martin Companies, LLC, Grantor.
Notary Public
My Commission Expires:
Registration number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 11/20/2019
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
The foregoing instrument was acknowledged before me this day of ,
2020, by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
My Commission Expires:
Registration number:
Approved as to form:
County Attorney
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Notary Public
Version: 11/20/2019