HomeMy WebLinkAboutSUB202000069 Easements 2020-09-25This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia22902
Parcel ID Number(s) 056KO-00-04-000AO
This deed is exempt from taxation under Virginia Code § 58.1-81l(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 this2V— day of TK j ,
2020, is by and between THE HOMEOWNERS ASSOCIATION OF FOOTHILLS
CROSSING, INC., a Virginia non -stock corporation, 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 "NEW 20' PUBLIC DRAINAGE
EASEMENT -CALLS TO CENTER-" (hereinafter, the "Easement"), shown on the plat of
Roudabush, Gale & Associates, Inc., dated March 20, 2020, last revised August 18, 2020,
entitled "Right -of -Way Dedication and Easement Plat Eastern Avenue TMP 56K-A2, TMP
56K-04-A, TMP 56H-C and TMP 56L-C, 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 "Open Space" (hereinafter, the "Property") on a plat by Roudabush, Gale &
Associates, Inc., dated February 2, 2016 and recorded in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia in Deed Book 4769, page 262, also being the same property
conveyed to the Grantor herein by deed of Foothills Crossing, Inc., recorded in said Clerk's
Office in Deed Book 5198, page 95; 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, install, maintain, 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
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 rht to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
10. Binding effect. The Easement and the rights and obligations established herein shall run
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:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF!'L.a W" to -wit:
THE HOMEOWNERS ASSOCIATION OF
FOOTHILLS CROSSING, INC.,
a Virginia non -stock corporation
By:
Narr
Title
The foregoing instrument was acknowledged before me, 2Q4, 4. L a Notary
Public in the aforesaid jurisdiction, this _&7% day of,�t„�, 2020, by
Al.. v , who is either personally known to me or has satisfactorily proven to be the
person w tose name is subscribed to the foregoing instrument, as Prey G. of The
Homeowners Association of Foothills Crossing, Inc., a Virginia non -stock corporation, on its
behalf.
STAMP:
.I otary Public
: •.... :�%�''-,
'
Registration Number: 78071fl3
PUBLIC'.
My Commission Expires: / ,n23
C807103
p MY COMMISSION; Z
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°FAUN
F1
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
OF ALBEMARLE. VIRGINIA
r 7%/e'er
Executive
The foregoing instrument was acknowledged before me this R IS day of
�, &Wby Jeffrey B. Richardson, County Executive, on behalf of the County of
A bemarle, Virginia, Grantee.
L�
NotaPy Public
My Commission Expires: Q LA .
Registration number: rj 53"1 b aEMJ
Approved as to form:
1
County Attrney Date
43068708_4.
This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia22902
Parcel ID Number(s) 056KO-00-00-000A2 and 056KO-00-04-OOAOO
This deed is exempt from taxation under Virginia Code § 58.1-811(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 this2itt day of
2020, is by and between GLENBROOK, LLC, a Virginia limited liability company
("Glenbrook"), to be indexed as Grantor; THE HOMEOWNERS ASSOCIATION OF
FOOTHILLS CROSSING, INC., a Virginia non -stock corporation ("Foothills"), to be indexed
as Grantor (collectively, "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 "NEW VARIABLE WIDTH PUBLIC
DRAINAGE EASEMENT" (hereinafter, the "Easement"), shown on the plat ofRoudabush,
Gale & Associates, Inc., dated March 20, 2020, last revised August 18, 2020, entitled
"RIGHT-OF-WAY DEDICATION AND EASEMENT PLAT EASTERN AVENUE TMP
56K-A2, TMP 56K-04-A, TMP 56H-C AND TMP 56L-C, WHITE HALL
MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA", (hereinafter, the
"Plat"), a copy of which is attached hereto and recorded immediately prior hereto. 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 Whitehall Magisterial District of the County of Albemarle, Virginia,
designated as Parcel `D' (hereinafter, the "Glenbrook Property") on a plat by Roudabush, Gale &
Associates, Inc., dated March 28, 2016, revised May 23, 2016 and recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia in Deed Book 4787, page 549, also being the
same property conveyed to Glenbrook by deed of Foothills Crossing, Inc., recorded in said
Clerk's Office in Deed Book 5028, page 408; and
WHEREAS, the Easement is also described further as a portion of that certain lot or parcel
of land situated in the Whitehall Magisterial District of the County of Albemarle, Virginia,
designated as "OPEN SPACE Phase 4 2.778 AC" (hereinafter, the "Foothills Property") on a plat
by Roudabush, Gale & Associates, Inc., dated February 2, 2016, revised May 16, 2016 and
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
4769, page 262, also being the same property conveyed to Foothills by deed of Foothills
Crossing, Inc., recorded in said Clerk's Office in Deed Book 5198, page 95; 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 install maintain 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 Property, 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 caress. 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
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. Binding effect. The Easement and the rights and obligations established herein shall run
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
n
GLENBROOK, LLC,
a Virginia limited liability company
By: River Bend Management, Inc., Manager
By:
Name: r-
Title: raS:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF %Lr..L 4%w,/�, to -wit:
The foregoing instrument was acknowledged before me, T k,, 4_ r[ ,,,,4,a Notary
Public in the aforesaid jurisdiction, this Q to day of 4pI-i� , 2020, by
Ala.. 7-w Ie✓ , who is either personally known to me o D satisfactorily proven to be the
person whose name is subscribed to the foregoing instrument, as eo-lw4 . River Bend
Management, Inc., as Manager of Glenbrook, LLC, a Virginia limited liability company, on its
behalf.
STAMP:
NotK Public
.........<p`o, Registration Number: 7W 7LD3
� � • • 'NOTARY .% 'S My Commission Expires:
PUBLIC
Q e REG, tt780710.3 •:
MYCOMMISSION Q
EJ(PIRES 2
10 31 2023 :'QO
LTH t)F
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
GRANTOR:
THE HOMEOWNERS ASSOCIATION OF
FOOTHILLS CROSSING, INC.,
a Virginia non -stock corporation
By:
Name: lc." L.
Title: o-s
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OFG"#iwie , to -wit:
The foregoing instrument was acknowledged before me, A. La' a a Notary
Public in the aforesaid jurisdiction, this 9t4 day of 2020, by
/>llAi+ ra✓ln• , who is either personally known to me or has satisfactorily proven to be the
person whose name is subscribed to the foregoing instrument, as Pies, f- of The
Homeowners Association of Foothills Crossing, Inc., a Virginia non -stock corporation, on its
behalf.
STAMP:
NotaAf Public
`G�ER•A.40
c AJ :y0 Registration Number: /W071
NOTARY •.
PUBLIC My Commission Expires: /V77/2023
0. REG. C807103 e 4
p ; MYCOMMISSION . 2
EXPIRES
,
?� 1013112023
O :,��`.•
FAUN OF,,o'SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Cd
GRANTEE: COUN �/OF ALBEMARLE, VIRGINIA
By: .J G�
Jeffr Richar son
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this � day of
SLp%+t7� o by Jeffrey B. Richardson, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
Not&y Public
My Commission Expires: to 3ii �Oa3
CHERYL L. SKEEN
Registration number: rjNOTARY
TX8IC 7
REGISTRATION
COMMONWEALTH Of VIRGINIA
MY COMMISSION EXPIRES
OCTOBEn 31 2023
Approved as to form:
ul) Iq IS �upA, 202-
County Attorney Date
43221144_2
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Numbers 056KO-00-00-000A2 and 056KO-00-04-000AO
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this 21f4day of
�X,Qii�r 2020 by and between GLENBROOK, LLC, a Virginia limited liability
company ("Glenbrook"), to be indexed as Grantor; THE HOMEOWNERS
ASSOCIATION OF FOOTHILLS CROSSING, INC., a Virginia non -stock corporation
("Foothills"), to be indexed as Grantor (collectively, "Grantor"), and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
Grantee.
WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
WHEREAS, the Grantor desires to dedicate, grant and convey to the Grantee, and
Grantee is willing to accept, an easement over the Property for the purpose of allowing the
Grantee to establish and maintain a public greenway easement, including authorized
improvements (collectively, the "Greenway"), subject to the terms and conditions stated in this
Deed.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits,
covenants and terms herein contained, and for other good and valuable consideration, the receipt
of which is hereby acknowledged, the Grantor hereby dedicates, grants, conveys, covenants and
agrees as follows:
1. DEDICATION. GRANT AND CONVEYANCE OF EASEMENT, For and in
consideration of ONE DOLLAR ($1.00), cash in hand paid, the Grantor hereby dedicates, grants
and conveys to the Grantee and their successors and assigns (hereafter, all references to the
Grantee include its successors and assigns), with GENERAL WARRANTY AND ENGLISH
COVENANTS OF TITLE, a variable width public greenway easement (the "Easement') in
gross over the Property described below, restricting in perpetuity the use of the Property in the
manner set forth herein:
That certain real property shown and designated as "NEW VARIABLE WIDTH PUBLIC
GREENWAY EASEMENT HEREBY DEDICATED TO ALBEMARLE COUNTY FOR
PUBLIC USE" and "NEW 10' PUBLIC GREENWAY EASEMENT HEREBY
DEDICATED TO ALBEMARLE COUNTY FOR PUBLIC USE" on that certain plat
entitled "RIGHT-OF-WAY DEDICATION AND EASEMENT PLAT EASTERN
AVENUE TMP 56K-A2, TMP 56K-04-A, TMP 56H-C AND TMP 56L-C, WHITE
HALL MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA" prepared by
Roudabush, Gale & Associates, Inc., dated March 20, 2020, last revised August 18, 2020,
and recorded in the land records of the Clerk's Office of the Circuit Court of the County of
Albemarle, Virginia in Deed Book , page
The property interest conveyed herein is a portion of that certain lot(s) or parcel(s) of
land acquired by Glenbrook by a deed recorded in the land records of the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia, in Deed Book 5028, page 408.
The property interest conveyed herein is a portion of that certain lot(s) or parcel(s) of
land acquired by Foothills by a deed recorded in the land records of the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia, in Deed Book 5198, page 95.
2. PURPOSES OF THE EASEMENT, The purposes of the Easement are to establish on
the Property a segment of a countywide system of greenway trails that will link people to the
area's natural, recreational, cultural and commercial resources. As part of this system, the
Easement will serve to protect important and/or sensitive resources, provide recreational and
educational opportunities, provide an alternative transportation system, and provide an economic
benefit.
3. F.STARLISHMENT AND MAINTENANCE OF THE (:RF.FNWAY. The Grantee
shall have the right to establish and maintain at its expense a Greenway within the Easement, as
follows:
A. Public access trail. The Grantee may establish and maintain, in its sole discretion,
either Class A or Class B trails. The trails shall be available for pedestrians and bicyclists.
B. Improvements. The Grantee may establish and maintain the following
improvements within the Easement: (1) appropriate trail surfaces, foot bridges and associated
trail structures and culverts; (2) trail markers and signs along all trails and at all points of access;
(3) barriers, fences and gates to prevent motorized vehicular access into the Easement; (4)
benches for the convenience and comfort of the public; and (5) all other improvements that are
reasonable for a public access trail.
C. Ownership of improvements. All improvements within the Easement established
by the Grantee shall be and remain the property of the Grantee.
D. Right to inspect, maintain and operate the ereenway. The Grantee may enter the
easement to inspect, maintain and operate the greenway as provided herein:
Right to disturb and maintain the Easement premises. The Grantee shall
have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences,
structures or other obstructions; and take other similar action reasonably necessary to establish,
maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1)
the Grantee, at its own expense, shall restore as nearly as possible, repair and replace only
ground cover disturbed, damaged or removed as a result of establishing, maintaining or
operating the Greenway to the extent the restoration or replacement is consistent with its proper
maintenance, operation, and use; and (2) after the Grantee establishes the Greenway, no trees
having a diameter at breast height of four (4) inches or greater shall be removed, destroyed or cut
within the Easement except to protect public safety, eliminate trees that are either diseased,
dying or dead, or is deemed necessary in accordance with standard arborist practices.
2. Obligation to remove trash and other debris. The Grantee shall remove
from the Easement all trash and other debris resulting from the establishment, maintenance or
operation of the Greenway.
4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASEMENT. The Grantee
shall have the right to regulate and restrict the uses and activities of the public within the
Easement, in its sole discretion.
5. MISCELLANEOUS PROVISIONS_
A. Easement runs with the land. The Easement shall run with the land and be
binding upon the parties, their successors, assigns, personal representatives, and heirs.
B. Exclusivity: restrictions. The Easement 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 or any improvement
located within the Easement; and further provided that such persons shall not construct or
maintain any roadway, or erect any building, fence, retaining wall or other structure within the
Easement.
C. Grantee's right to assign. The Grantee shall have the right to assign this Deed as
its interests may require. An eligible assignee shall be one that is able to perform the terms,
conditions and obligations of this Deed to assure that its purposes are fulfilled.
D. Enforcement. In addition to any remedy provided by law to enforce the terms of
this Deed, the parties shall have the following rights and obligations:
Action at law inadequate remedy. It is conclusively presumed that an
action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or
any attempted breach or violation, of any term of this Deed.
2. Failure to enforce does not waive right to enforce. The failure of
either Grantee to enforce any term of this Deed shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
3. No third party right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any party hereto.
E. Notice of proposed transfer or sale. The Grantor, its successors and assigns, shall
notify the Grantee in writing at the time of closing on any transfer or sale of the Property. In any
deed conveying all or any part of the Property, the Easement shall be referenced by deed book
and page number in the deed of conveyance and shall state that this Deed is binding upon all
successors in interest in the Property in perpetuity.
F. Relation to applicable laws. This Deed does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
G. Severability. If any provision of this Deed is determined to be invalid by a court
of competent jurisdiction, the remainder of this Easement shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
I. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey the Easement.
Authority to accept easement. The Grantee is authorized to accept the Easement
pursuant to Virginia Code § 15.2-1800.
K. Hold harmless. The Grantee shall hold the Grantor harmless as provided in
Virginia Code § 29.1-509(E).
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 the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
0
WITNESS the following signatures.
GRANTOR: GLENBROOK, LLC,
a Virginia limited liability company
By: River Bend Management, Inc., Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me, _74—orE, W, LoYA ,a Notary
Public in the aforesaid jurisdiction, this SA day of 2020, by
Ahkot TaYlev- , who is either personally known to me or has satisfactorily proven to be the
person whose name is subscribed to the foregoing instrument, as wQAI�k River Bend
Management, Inc., as Manager of Glenbrook, LLC, a Virginia limited liability company, on its
behalf.
ER A.
STAMP: :c�JG ............ oto%
NOTARY
PUBLIC
n ° REG. Va07103 •°; Q
E O ; MY COMMISSION i 2
`. EXPIRES
t 1a0'.• 10/31/2023
yFAITN OFo °```
Not Public
Registration Number: %�07103
My Commission Expires: 10.131 IL62-7
GRANTOR:
THE HOMEOWNERS ASSOCIATION OF
FOOTHILLS CROSSING, INC.,
a Virginia non -stock corporation
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF 6_tu 4sv4 , to -wit:
The foregoing instrument was acknowledged before me, _(uc�+— W. L.yz a Notary
Public in the aforesaid jurisdiction, this 9-M day of S, 2020, by'
who is either personally known to me or has satisfactorily proven to be the
person whose name is subscribed to the foregoing instrument, as Ot�z.-f of The
Homeowners Association of Foothills Crossing, Inc., a Virginia non -stock corporation, on its
behalf.
�E .`'GR.A. <0
STAMP: NOTARY'
PUBLIC
n REG. #7807103 7 Q
x ; MY COMMISSION.' Z
EXPIRES
�?0,,�,,,,, 101312023
vFALTH
Registration Number: -1-907lo7
My Commission Expires
JQAI Zo 27
GRANTEE: COUNTY OF BEMARLE, VIRGINIA
By: i
Je . Richardson
County Executive
Appro s to form:
1 2G10
County orney
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this o l!51- of
2020 by Jeffrey B. Richardson, on behalf of the County
of Albemarle, Virginia, Grantee. L.
IN014Fyrub 1C
My Commission Expires: Oct
43032778_5
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION M 7163762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER31 2023