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HomeMy WebLinkAboutWPO202000003 Easements 2020-04-28Instrument Type Instrument # Book/Page 1 st Grantor 1 st Grantee Description Consideration Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: PAYNE AND HODOUS, L.L.P. Cashier: EMJ DE 201800013315 05119 / 0321-00327 Pages: 7 AVON PROPERTIES LLC MOSS, JAMES R ACCESS EASEMENT, 1.7 ACRES 0.00 Assumed Value: 0.00 Item # Description 039 Tax Grantee/State 213 Tax Grantee/Local 035 VOF 301 Clerk 1-10 Pages 145 VSLA 106 TTF Qty 1 1 1 1 1 1 Receipt # : 2018-033773 Date : 12/06/2018 09:45am Document: 1 of 1 Ex: N Ex: N Pct : 100.00% 1st City: Y Unit Cost Extended 0.00 0.00 0.00 0.00 1.00 1.00 14.50 14.50 1.50 1.50 5.00 5.00 Document 1 22.00 Grand Total 22.00 Check 22433 -22.00 Balance 0.00 Customer Copy VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 5/31/2018 Instrument Type: DE Number of Parcels: 2 Number of Pages [ ] City pQ County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [ ] Grantee: Consideration: $0.00 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 5 Original Book Number: Original Page Number: Prior Recording At: [ ] City ( ] County (Area Above Reserved For Deed Stamp Only) Original Instrument Number: Percentage In This jurisdiction: 100% BUSINESS / NAME 1 pQ Grantor: AVON PROPERTIES, LLC [ ] Grantor: 1 [ ] Grantee: MOSS, JAMES R. [ ] Grantee: GRANTEE ADDRESS Name: JAMES R. MOSS Address: 1799 AVON ST EXT City. CHARLOTTESVILLE State: VA Zip Code: 22902 Book Number: Page Number: Instrument Number: Parcel identification Number (PIN): 091AO-00-00-000AO Tax Map Number: 091 AO-00-00-000AO Short Property Description: ACCESS EASEMENT, 1.7 ACRES Current Property Address City: ALBEMARLE COUNTY State: VA Zip Code: 22902 Instrument Prepared By: MARY K. MCGETRICK, ESQ. # Recording Paid By: PAYNE AND HODOUS, L.L.P. Recording Returned To: WILLIAMS MULLEN, P.C. ATTN: MARY KATHERINE MCG Address. 321 E. MAIN STREET, 4TH FLOOR City: CHARLOTTESVILLE State: VA Zip Code: 22902 FORM CC-1570 Rev: 7/15 §§ 17.1-223, 17.1-227.1, 17.1-249 Page 1 of 2 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. Cover Sheet A VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: 5131 /2018 Instrument Type: DE Number of Parcels: 2 Number of Pages: 5 [ ] City N County ALBEMARLE PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ] City [ ] County Percentage In This Jurisdiction: 100% Book Number: Page Number: Instrument Number: Parcel Identification Number (PIN): 09000-00-00-035LO Tax Map Number: 09000-00-00-035LO Short Property Description: 0.91 ACRE Current Property Address: 2511 AVINITY DRIVE City: ALBEMARLE COUNTY Prior Recording At: [ ] City [ ] County Percentage In This Jurisdiction: Book Number: Page Number: Instrument Number: Parcel Identification Number (PIN): Tax Map Number: Short Property Description: Current Property Address: City: (Area Above Reserved For Deed Stamp Only) State: VA Zip Code: 22902 State: Zip Code: FORM CC-1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright © 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. This document prepared by and when recorded return to: Williams Mullen, P.C. 321 E. Main Street, 461 floor Charlottesville, VA 22902 Attn: Mary Katherine McGetrick, Esq. #47084 Tax Parcel Nos. 091AO-00-00-000AO and 09000-00-00-035LO DEED OF EASEMENT AND AGREEMENT THIS DEED OF EASEMENT AND AGREEMENT (this "Agreement") dated as of May 3 �sr 2018 (the "Effective Date"), by and between AVON PROPERTIES, LLC, a Virginia limited liability company (the "Grantor") to be indexed as grantor, and JAMES R. MOSS (the "Grantee") to be indexed as grantee, recites and provides as follows: RECITALS WHEREAS, Grantor is the owner of certain real property located in Albemarle County, Virginia, having approximately 1.7 acres, and being more specifically identified as County tax parcel number 091 AO-00-00-000AO (the "Grantor Property"). WHEREAS, Grantee is the owner of certain real property located in Albemarle County, Virginia, having approximately 0.91 acre, with an address of 2511 Avinity Drive, and being more specifically identified as County tax parcel number 09000-00-00-035LO (the "Grantee Property"). WHEREAS, Grantee desires to obtain an easement for access over and through a portion of the Grantor Property as described herein for ingress and egress to and from the Grantee Property for the purposes and subject to the terms and conditions hereinafter set forth. WHEREAS, Grantor desires to grant said easement for access over and through the Grantor Property as hereinafter provided and subject to the terms and conditions hereof. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which shall constitute a part of this Agreement, and the following mutual promises, agreements and undertakings, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows: Access Easement. 1.1 Subject to the terms and conditions set forth herein, Grantor does hereby grant and convey to Grantee, a perpetual, non-public, non-exclusive easement on the Grantor Property for the benefit of and appurtenant to the Grantee Property (together with Grantee and its successors in title) across, along, on, over and through the Grantor Property from the northern boundary of the Grantee Property to the connection point on Avinity Drive, for purposes of ingress and egress from Grantee Property over and across Avinity Drive to Avon Street Extended, a public right of way (the `Basement Area"), for vehicular and pedestrian travel, and ingress and egress to and from the Grantee Property ("Access Easement"). This Access Easement shall be non-public and shall not be dedicated to public use. The Access Easement is shown as "120' Access Easement to Benefit TMP 90-35L" on that certain Plat titled "Subdivision Plat, Avinity, Phase I, Lots 27 thru 93," dated February 9, 2011, prepared by Roudabush, Gale & Associates, Inc. and recorded in Deed Book 4018, page 497. 1.2 The easements, rights of use and access and covenants created herein are (i) expressly made subject to such recorded conditions, restrictions, easements and reservations and such other matters of record as may lawfully apply to the Grantor Property, and (ii) not for the benefit of the general public, but only for the benefit of Grantee, its successors in title, and only that property shown as TM 90 P 35L on the approved application plan attached hereto as Exhibit A. 2. Grantor's Reservation of Rights. Grantor for itself and its successors, assigns, employees, agents, contractors, servants, licensees, customers, affiliates, parent, invitees or guests hereby reserves all rights to the Grantor Property not inconsistent with the rights of use and access and covenants created herein. 3. Captions and Headings. The captions and headings contained in this Agreement are included herein for the convenience of reference only and shall not be construed to limit or enlarge the terms hereof or otherwise affect the meaning or interpretation of this Agreement. 4. Invalidation. The invalidation of any provision of this Agreement by judgment, court order, legislative mandate or a finding that such provision is illegal, invalid or unenforceable shall in no way affect any other provision hereof, and all other provisions hereof shall remain in full force and effect. 5. Waiver. Waiver by any party of a breach of any term or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof. 6. Modifications. This Agreement shall not be amended or modified unless in writing by the parties hereto. 7. Governing Law. The parties hereto agree that all matters of construction and interpretation with regard to this Agreement shall be governed by the laws of the Commonwealth of Virginia. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. [Signature Pages Follow] 2 IN WITNESS WHEREOF, the Grantor has placed its signature and seal on this Agreement as of the date and year first written above pursuant to all necessary authority. GRANTOR: AVON PROPERTIES, LLC, a Virginia limited Liat By: Nan Titl( COMMONWEALTH OF VIRGINIA) ) TO -WIT CITY/COUNTY OF Q)ngAo-Ne2,) j�) The foregoing instrument was acknowledged before me, Mao sm I( _ MCDn6&d , Notary Public, this 3 ls'- day of , 2018, by P&,,jy.A&) J as V cc, - (�t�t.�n�cir - of Avon Properties, LLt, a Virginia limited liability company, who is personally known to me, on behalf of the company. Notary Public Registration Number: 'I U 3 3 (0 ZN My commission expires: Qj 1 ?A . l ) 0\ Notary Seal Marlowe 41 OBL CY Pc REG. 117633 °= o MY COMMISSION : �= 3 EXPIRES f 2 O 08/31/2019 F�LrH OF 362635302 m1111% 3 EXHIBIT A APPROVED APPLICATION PLAN FOR AVINITY -r- WId NOUVO11CICIV Wo AJLINIAV