HomeMy WebLinkAboutWPO201700058 Easements 2020-04-14 (2)202000004100 PG 001 BK 05300 PG 0470
Prepared by: J. Addison Barnhardt (VSB # 83132)
Grisham & Barnhardt PLLC
414 East Market Street Suite D
Charlottesville, VA 22902
Tax Map Nos. 056NO-00-00-01900
056NO-00-00-01800
THIS DEED OF A 10' PRIVATE DRAINAGE EASEMENT, made this 19th day of
March, 2020 by GRAHAM ADAM KESSLER and HELEN REID KESSLER, TRUSTEES OF
THE GRAHAM ADAM KESSLER REVOCABLE TRUST DATED 1/28/2008, the Grantor,
and GRAHAM ADAM KESSLER and HELEN REID KESSLER, TRUSTEES OF THE HELEN
REID KESSLER REVOCABLE TRUST DATED 1/28/2008, the Grantor, and MATTHEW
PETER WINKLER, the Grantor (collectively, the "Grantors"), and SPARROW HILL PROP-
ERTY OWNERS ASSOCIATION, INC, a Virginia Corporation, the Grantee, provides as fol-
lows:
WITNESSETH:
WHEREAS, the Grantors are the owners of certain real property in the County of Al-
bemarle, Virginia, designated on current tax maps as tax map parcel 056NO-00-00-01900
("Lot 19") and tax map parcel OS6NO-00-00-01800 ("Lot 18").
WHEREAS, the Grantee is the property owners association in the Sparrow Hill sub-
division in the County of Albemarle, Virginia (the "POA").
WHEREAS, the Grantee, and its predecessor in title, had the right to a ten -foot pri-
vate drainage easement across Lot 19 and Lot 18 as shown on the plat entitled "Subdivision
Plat, Lots 1 thru 6 and Lots 22 thru 35, Sparrow Hill, Located on U.S. Route 250 (Rockfish
Gap TPKE.) About 0.2 Mile East of State Route 240 (Crozet Avenue), White Hall Magisterial
District, Albemarle County, Virginia" (the "Plat'), prepared by Roger W. Ray & Assoc., Inc.,
dated March 28, 2018, last revised August 1, 2018, and recorded in the land records of the
202000004100 PG 002
Clerk's Office of the Albemarle County Circuit Court in Deed book S087, pages 716 through
720.
WHEREAS, the Grantee agrees to terminate said ten -foot private drainage easement
across Lot 19 and Lot 18 and replace it with a new ten -foot private drainage easement
across the respective lots.
WHEREAS, the new location of the new "10' Private Drainage Esmt for Ditch 513" is
shown on the attached Exhibit A.
NOW THEREFORE, for good and valuable consideration, the Grantors agree, grant,
and convey to the Grantee, the benefit of use of a ten -foot private drainage easement as
shown on the attached Exhibit A. Said easement shall run with the land and be binding on,
and inure to the benefit of, the parties' successors in title.
The Grantee shall have a perpetual and alienable drainage easement and right of
way above ground and underground as shown on the Exhibit A to construct, maintain, in-
spect, replace and repair pipes and swales and other improvements for storm and surface
water drainage.
The Grantee shall have the right to enter upon the above described property to uti-
lize the easement.
The Grantors agree that no trees, shrubs, fences, buildings, overhangs or other im-
provements or obstructions shall be placed within the easement conveyed herein.
The easement provided for herein shall include the right of the Grantee to cut any trees,
brush and shrubbery, remove obstructions and take other similar action reasonably necessary to
provide economical and drainage installation, operation and maintenance.
202000004100 PG 003
The improvements constructed by the Grantee within the permanent easement shall be
the property of the Grantee.
202000004100 PG 004
WITNESS the following signatures and seals of the Grantor:
(SEAL)
>r
COMMONWEALTH OF VIRGINI,AA p
CITY/COUNTY OF Y" i\Ykma 1 ''L . to wit:
The foregoing instrument was acknowledged before me on this of
March, 2020 by Matthew Peter Winkler.
BELINDA A JARRELL
NOTARY PUBLIC
REG. #7660154
FMY
MMONWEALTH OF VIRGINIA
OMMISSION EXPIRES MARCH S1, 2021
Notary Public
My commission expires:ANAY
Registration number:
202000004100 PG 005
WITNESS the following signatures and seals of the Grantors:
(SEAL)
Graham Adam Kessler
a., &
sl
(SEAL)
Helen Reid Kessler
Trustee of the Graham Adam Kessler Trustee of the Graham Adam Kessler
Revocable Trust dated 1/28/2008
(SEAL)
Graham Adam Kessler
Trustee of the Helen Reid Kessler
Revocable Trust dated 1/28/2008
Revocable Trust dated 1/28/2008
Helen Reid Kessler
Trustee of the Helen Reid Kessler
Revocable Trust dated 1/28/2008
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF P&XifiQf to wit:
The foregoing instrument was acknowledged before me on this .Jrd
- 2020 by Graham Adam Kessler and Helen Reid Kessler.
NY I �k
BELINDA A JARRELL
NOTARY PUBLIC
REG. #7660154
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MARCH 31. 2021
Notary Public
day of
My commission expires: I ,r bl Rzal
Registration number: 11
202000004100 PG 006
WITNESS the following signatures and seals of the Grantor:
Sparrow Hill Property Owners Association, Inc
(SEAL)
By: 1<-�C
Title:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF h:.tiGi to wit:
1.41
The foregoing instrument was aclmowledged before me on this'6 day of
2020 by i 1
Notary Public
BELINRA A JARRELL
NOTARY PUBLIC My commission expires:
REG. #7560154 1
COMMONWEALTH OF VIRGINIA ��� C���
DIY COMMISSION EXPIRES MARCH 91.2021 Registration number:
WITNESS the following signatures and seals of the Grantees:
202000004100 PG 007
EXHIBIT A
See the Following pages for Exhibit A
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202000004100 PG 011
INSTRUMENT # 202000004100
E-RECORDED IN THE CLERK'S OFFICE OF
ALBEMARLE ON
APRIL 14, 2020 AT 12:25PM
JON R. ZUG, CLERK
RECORDED BY: EMJ