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Home My WebLink AboutSUB201900137 Easements 2020-08-28This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 055EO-01732-000RO This deed is exempt from taxation under Virginia Code § 58.1-81 l(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this 10d' day of August, 2020, is by and between MARCH MOUNTAIN PROPERTIES, LLC, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "STE 20" (hereinafter, the "Easement"), shown on the plat of Roudabush, Gale & Associates, Inc., dated September 9, 2019, last revised last revised July 24, 2020, entitled "Subdivision Plat Block 32 Phase 2 Old Trail Village, White Hall magisterial District, Albemarle County, Virginia" (hereinafter, the "Plat"), a copy of which is attached hereto and recorded herewith. Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Block 32 (hereinafter, the "Property") on a plat by Lincoln Surveying, dated June 8, 2010, last revised August 23, 2010, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3924, page 151, also being the same property conveyed to the Grantor herein by deed of March Mountain, L.L.C., recorded in said Clerk's Office in Deed Book 2233, page 389; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct. reconstruct, installmaintain, repair, change alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the 2 re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcover, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on and across the Property in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Bindin e,� ffect. The Easement and the rights and obligations established herein shall ran with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. 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. WITNESS the following signatures. SIGNATURES BEGIN ON THE FOLLOWING PAGE GRANTOR: MARCH MOUNTAIN PROPERTIES, LLC J, �,e Suzanne Iffooks Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Sri/c The foregoing instrument was acknowledged before me this p day of 20 a?'y by Suzanne Brooks, Manager, on behalf of March Mountain Properties, LLC, Grantor. Notary Public ' My Commission Expires: ��3��aoa� Registration number: :� s � Y 3 a CATHERINE H. FITZGERALD NOTARY PUBLIC REG. #252882 COMMONWEALTH' OF VIRGINIA MV COMMISSION EXPIRES OCT. 21, 2021 SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: �W County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged fore a is �8 day of 20�Q by C`tnouty Executive, on behalf of the Count of Albemarle, Virginia, Grantec:'C)Mu as 41'Tot yt u� L. Public My Commission Expires: C� a�C>Q3 Registration number: 2 EMMJ Approved as to form: (".-4� F- County Attorney Date C7