Loading...
HomeMy WebLinkAboutSUB202000056 Agreements Easement Plat 2020-08-11Prepared by: Lori H. Schweller, Esq. (VSB 42399) Williams Mullen, P.C. 321 East Main Street Suite 400 Charlottesville, Virginia 22902 County of Albemarle Tax Map Parcel ID Nos.: 078H0400-01-0OOAO and 078HO-00-0 1 -2670 DEED OF EASEMENT Retaining Wall & Forebay Construction) THIS DEED OF EASEMENT is made as of this 111 day of August, 2020 by and between CASCADIA PROPERTY OWNERS ASSOCIATION, INC., a Virginia non -stock corporation Grantor'), and VIRENDRA PATEL and NITA PATEL, husband and wife (collectively, Grantee"), each a "Party," whose address is 12005 Holly Leaf Court, Great Falls, VA 22066. WITNESS: WHEREAS, Grantor is the owner of that certain real property located in the County of Albemarle, Virginia (the "County'), with current County Tax Map Parcel ID 078HO-00-01-OOOAO, shown and designated on the attached plat, entitled, "EASEMENT PLAT, CASCADIA, BLOCK 1, LOT 267 & OPEN SPACE E, TAX MAP 7811-11 PARCELS A AND 267, RIVANNA MAGISTERIAL DISTRICT, COUNTY OF ALBEMARLE, VA," DATED June 8, 2020, prepared by Roudabush, Gale & Associates, Inc. (the "Easement Plat"), attached hereto and incorporated herein as Exhibit A, as "OPEN SPACE (ENTRY PARK B)" (the "Grantor Property"); and WHEREAS, Grantee is the owner of certain real property lying adjacent to the Grantor Property, with current County Tax Map Parcel ID 078HO-00-01-2670, designed on the Easement Plat as "LOT 267 (OFFICE)" (the "Grantee Property"); WHEREAS, as part of the development of the Grantee Property, Grantee desires to construct a retaining wall (the "Retaining Wall") along the northern boundary of the Grantee Property, partly on the Grantor Property and partly on the Grantee Property, in the location shown on the approved site plan, entitled, "Cascadia Commercial Parcel, Cascadia Subdivision Blocks 1- 3," dated July 24, 2017, last revised August 11, 2020, prepared by Roudabush, Gale & Associates, hic. (the "Approved Site Plan'); WHEREAS, in order to construct and maintain in perpetuity the Retaining Wall, Grantee desires to obtain an easement from Grantor for such work; WHEREAS, Grantor desires to grant to Grantee an easement to construct and maintain in perpetuity the Retaining Wall and to grant Grantee a temporary construction easement over the Grantor Property in exchange for Grantee's perpetual maintenance of the Retaining Wall and Grantee's promise to construct a portion of the storm water management facility on the Grantor Property; and WHEREAS, Grantee is willing to construct the forebay within the storm water management facility on the Grantor Property. A. WALL CONSTRUCTION AND MAINTENANCE EASEMENT NOW, THEREFORE, in consideration of the premises, the obligations described and granted in this deed, the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee, its successors and assigns, an exclusive perpetual construction and maintenance easement (the "Wall Maintenance Easement") of variable width, over that portion of the Grantor Property shown and identified on the Easement Plat as "NEW VARIABLE WIDTH PERMANENT WALL MAINTENANCE EASEMENT (SHADED) FOR MAINTENANCE OF RETAINING WALL" for the construction and maintenance of the Retaining Wall (the "Wall Easement Area"). The Wall Maintenance Easement is subject to the following terms and conditions: 1. The Wall Maintenance Easement is for Grantee's use in connection with the construction and maintenance of the Retaining Wall on the Grantor Property. 2. Grantee and its employees, agents, contractors, successors and assigns shall have full and free use of the Wall Easement Area solely for the purposes named herein and shall have all rights, privileges, and obligations reasonably necessary for the exercise of the rights granted by the Wall Maintenance Easement. 3. Grantee shall, at its sole cost and expense, maintain, repair, and when necessary, replace, the Retaining Wall and landscaping within the Wall Easement Area and shall otherwise maintain and repair the Retaining Wall and the Wall Easement Area in perpetuity in a safe and orderly condition and in compliance with the Approved Site Plan, all applicable laws, and the standards and requirements set forth in the governing documents for the Cascadia Property Owners 2 Association. After the initial construction of the Retaining Wall is complete, in the event that Grantee shall perform any repair or maintenance work to the Retaining Wall, then the Grantee shall (i) repair promptly, at its own expense, any damage to any property resulting from its work and shall restore such property to substantially the same condition it was in immediately preceding such work; (ii) provide ten (10) days' prior notice to the Grantor before any work is performed on the Grantor Property (except in case of emergency); (iii) perform all work expeditiously and in a commercially reasonable, good and workmanlike manner free from any liens; and (iv) use reasonable good faith efforts to minimize any disturbance to the property. B. TEMPORARY STORM WATER MAINTENANCE EASEMENT. FURTHER, Grantor does hereby establish, give, grant and convey to Grantee, and its successors and assigns, a non-exclusive temporary construction easement (the "Temporary Easement") over that portion of the Grantor Property shown and identified on the Easement Plat as "EXISTING STORMWATER MANAGEMENT MAINTENANCE EASEMENT — SB 4712 PG 104" (the "SWM Easement Area") as necessary to construct the forebay, as shown on the approved Site Plan, including to clear, remove vegetation, grade, fill with dirt, install and construct stormwater and erosion control devices, change the slope, seed with grass and otherwise landscape within the S WM Easement Area, in compliance with applicable County of Albemarle ordinances and in accordance with any requirements of the County of Albemarle. During the term of the Temporary Easement, Grantee and its successors and assigns may use the Temporary Easement to access the Grantor Property as necessary to construct the forebay, as well as to construct the Retaining Wall. 1. Grantee shall construct the forebay, and all lines, conduits, pipes and other apparatus for water drainage, and all storage systems necessary in connection therewith (the Stormwater Management Facilities' in accordance with the Approved Site Plan. Once constructed, the Stormwater Management Facilities shall not be modified, altered, relocated or otherwise changed, without the prior written consent of the Grantor, and no permanent building, structures, or other improvements inconsistent with the use and enjoyment of the Stormwater Management Easement shall be placed over or permitted to encroach upon the Stormwater Management Facilities. 3 2. Upon termination of the Temporary Easement, Grantee, at its sole expense, shall a) remove all its construction and associated debris generated by Grantee during the construction period, and (b) restore the Easement Area to a stable condition. The Temporary Easement shall terminate when Grantee has completed construction of the forebay within the SWM Easement Area and has completed construction of the Retaining Wall within the Wall Easement Area and the applicable authorities have finally inspected and approved the improvements within the Easement Area. Upon termination of the Temporary Easement, Grantee and its successors and assigns shall have no further obligation or responsibility to maintain or landscape the forebay or any other storm water management facilities within the SWM Easement Area. Completion of the forebay shall be determined by inspection by the Grantor's President and the County of Albemarle. 3. Grantor shall operate and maintain, or cause to be operated and maintained, in good order, safe condition and repair, the Stormwater Management Facilities and make any and all repairs and replacements that may from time to time be required with respect thereto. 4. Grantee, during the term of the Temporary Easement, shall indemnify and hold harmless Grantor from and against any and all claims, demands, loss, damages, expenses, including without limitation, attorney's fees and costs, litigation, and liabilities resulting from or in any way arising out of the use of the Temporary Easement and the construction of the forebay and the Retaining Wall, except to the extent caused by the gross negligence or intentional acts of the Grantor. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, demands, loss, damages, expenses, including without limitation, attorney's fees and costs, litigation, and liabilities resulting from or in any way arising out of the use of the Wall Maintenance Easement and the maintenance and repair of the Retaining Wall, except to the extent caused by the gross negligence or intentional acts of the Grantor. 5. Grantee hereby agrees to maintain liability insurance in an amount consistent with an amount generally maintained by a prudent developer, or as otherwise required by law, in relation to the above indemnification, and upon request, Grantee shall provide Grantor with written evidence of such insurance coverage. 6. The Maintenance Easement and the rights and obligations established herein shall run with the land, and shall be binding upon the Grantor and Grantee, and their successors and assigns. All references herein to "Grantor" and "Grantee" include their respective successors and assigns. 13 7. Entire Agreement; Amendment. This Agreement contains all the promises, agreements, conditions, inducements and understandings between the parties hereto relative to the grant of the respective easements and other rights by each Party hereto to the other with respect to the Grantor Parcel and the Grantee Parcel and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, oral or written, expressed or implied, relating thereto between them other than as herein set forth or expressly referred to herein. This Agreement may be amended, in whole or in part, at any time or from time to time, only by an instrument (i) executed and acknowledged by the Parties and (h) recorded in the Clerk's Office, Circuit Court, County of Albemarle, Virginia. 9. Recording Costs. Any recording costs related to the recording of this instrument shall be paid by Grantee. 10. Notices. Any notices required to be sent hereunder shall be sent (i) by certified mail, return receipt requested, or (ii) by prepaid guaranteed overnight delivery service, to the Parties at the following addresses or such other addresses as may from time to time be designated by written notice given as herein required: If to Grantor: Cascadia Property Owners Association, Inc. Attention: President 142 South Pantops Drive Charlottesville, Virginia 22911 With a copy to: MSC, Property Manager Attention: Diane Caton P.O. Box 5306 Charlottesville, VA 22905 If to Grantee: Virendra and Nita Patel 12005 Holly Leaf Court Great Falls, VA 22066 With a copy to: Williams Mullen 321 East Main Street, Suite 400 Charlottesville, Virginia 22902 Attn: Lori H. Schweller, Esq. Notices will be deemed received three (3) days after mailing or the next business day after deposit with a guaranteed overnight delivery service. 11. Authority; Further Assurances. Each Party warrants and represents to the other 5 Party that they have the full power and authority to make, deliver, enter into and perform the terns and conditions of this Agreement. The Parties hereto agree to take all such further action as may be reasonably required by any party to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered will be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. WITNESS the following signatures and seals: RIZIN0118171 CASCADIA PROPERTY OWNERS ASSOCIATION, INC., a Virginia corporation By: Charles T. Armstrong, President COMMONWEALTH QFVIRGINIA effwf/COUNTY OF kbema&k , to -wit: The foregoing instrument was acknowledged before me this 2day of 2020 by Charles Armstrong, as President of the Cascadia Property Owners Associate n, Inc., a Virginia non -stock corporation, on behalf of such corporation. My commission expires: %;&Dzp IM&O H. Hall Notary Public ilth of Virginia n -1mmNo- 3 Notary Registration No.:n No. 347137Expims 9/30/2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE] GRANTEE: VIRENDRA PATEL COMMONWEALTH OF VIRGINIA CITY/COUNTY OFCaloolnrct jug, to -wit: The foregoing instrument was acknowledged before me this -L-1 day of AdAGus-r , 20M 2020 by Virendra Patel. My commission expires: Sl 31 l 2025 r`.Rowellm° dotary Public Notary Public Res #101487 Commonwealth MY commimlon Expires or n ala iam] Notary Registration No.: I014$-1 COMMONWEALTH OF VIRGINIA CITY,/COUNTY OFCt+A"wC1eSA%AC , to -wit: The foregoing instrument was acknowledged before me this LZ day of AjG JST 20Zo 2020 by Nita Patel. My commission expires: V31 2023 Terms , Rwoil o — Publicl Notary Public Re88101487ImycoCommonwealth Notary Registration No.: I o148-1 laebu &apira EXHIBIT A Easement Plat to he attached] 43094597vl