HomeMy WebLinkAboutWPO201800069 Weisend and Surcheck Executed Deed of Easement 2018-10-27Tax Map No. 61 W 1-A43
PREPARED BY: James M. Bowling, IV (VSB #14232)
416 Park Street
Charlottesville, Virginia 22902
This deed of easement is exempt from taxation pursuant to l u. Code y m.1-811 (A) (3)
and §17.1-266
This DEED OF EASEMENT, made this )LI day of 2018, by
and between STEPHEN LANCE WEISEND and KATHRYN LYNN
("Grantors"), and the ALBEMARLE COUNTY SERVICE AUTHORITY (the
f`ACSA"), ("Grantee"), whose address is 168 Spotnap Road, Charlottesville, Virginia
22911.
WITNESSETH:
That for and in consideration of the sum of ONE DOLLAR ($1.00), receipt of all
of which is hereby acknowledged, the Grantors do hereby GRANT and CONVEY
unto the Albemarle County Service Authority temporary construction easements to
construct, install, maintain, repair, replace and extend one or more sewer lines consisting
of pipes and appurtenances thereto, over, under and across the real property of the
Grantors located in Albemarle County, Virginia, the location of the easement(s) granted
anA the boundaries of the property being more particularly described on the following
plat:
A 920.91 sq. ft. temporary construction easement, and a 742.19 sq. ft. temporary
construction easement, shown and described on plat of Lincoln Surveying, dated October
1, 2018, a copy of which is attached hereto as Exhibit A (the "Plat"), as it crosses
property of the Grantors shown and described on the Plat and acquired by the Grantors by
the instrument recorded in the Office of the Clerk of the Circuit Court of Albemarle
County, Virginia, in Deed Book 2353, Page 295.
Reference is made to the Plat, a copy of which is attached hereto to be recorded
herewith, for the exact location and dimension of the temporary construction easements)
hereby granted and the property over which the same crosses.
As part of the easements) the ACSA shall have the right to enter upon the above
described property within the easements) for the purpose of installing, constructing,
maintaining, repairing, replacing and extending sanitary sewer lines and appurtenances
thereto, within such easement(s) and the right of ingress and egress thereto as reasonably
necessary to construct, install, maintain, repair, replace and extend such sanitary sewer
lines. If the ACSA is unable to reasonably exercise the right of ingress and egress over
the right -of --way, the ACSA shall have the right of ingress and egress over the property of
the Grantors' adjacent to the right -of --way.
Whenever it is necessary to excavate earth within such easement(s), the ACSA
agrees to bacicfill such excavation in a proper and workmanlike manner so as to restore
surface conditions to the same condition as prior to excavation, including restoration of
such paved surfaces as may be damaged or disturbed as part of such excavation.
Grantors, their respective successors or assigns, agree that no trees, shrubs, fences,
buildings, overhangs or other improvements or obstructions shall be placed within the
easements) conveyed herein.
The easement(s) provided for herein shall include the right of the ACSA, to cut
any trees, brush and shrubbery, remove obstructions and take other similar action
reasonably necessary to provide economical and safe sanitary sewer line installation,
operation and maintenance. The ACSA shall have no responsibility to the Grantors, their
2
successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery and
obstructions that are removed or otherwise damaged.
The temporary construction easements are for use by the ACSA's contractor
during construction, as shown on the Plat. The temporary construction easements shall
expire upon completion of construction and acceptance of the lines into the ACSA's
system.
[Signatures on the following page]
WITNESS the following signatures and seals:
r
Stephen Lance Weisend
COMMONWEALTH O VIRGINIA
COUNTY/CITY OF C , to wit:
The foregoing instrument was acknowledged before me this /oq-day of
p�/ Lb?� 2018, by Stephen Lance Weisend.
Notiry Public
My Commission Expires: k4l
I.D. No. 6t1loTARY I*
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Kathryn Lynn Surchek
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF to wit:
The foregoing instrument was acknowledged before me this /day of
lfl&&/nfx'r 2018, by Kathryn Lynn Surchek.
My Commission Expires:
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