HomeMy WebLinkAboutSUB201900176 Deed of Sight Distance Easement 2020-11-03This document was prepared by:
Albemarle County Attorney
County Of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 04500-00-00-059M0, 04500-00-00-059E1 and 04500-00-00-059CO
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from and from Court Clerk's fees
under Virginia Code § 17.1-266.
DEED OF SIGHT DISTANCE EASEMENTS
THIS DEED OF SIGHT DISTANCE EASEMENTS, dated this 15'th day of October,
2020, is by and between BELLA SIGNATURE HOMES, LLC, RODNEY L. KNICELY and
NANCY E. KNICELY, and JOSEPH D. HUFF, collectively Grantors, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia
("County") Grantee.
WITNESS:
WHEREAS, Bella Signature Homes, LLC is developing the property shown on the plat of
Chambers — Land Surveying, titled "Plat Showing Subdivision Of Tax Map 45 Parcel 59M,
Property Of Bella Signature Homes, LLC," dated November 7, 2019 and last revised October
14, 2020, a copy of which is attached hereto and recorded with this deed (the "Property" and the
"Plat");
WHEREAS, Grantor Bella Signature Homes, LLC owns that certain property shown on the
Plat as "TM 45 Par. 59M";
WHEREAS, Grantors Rodney L. Knicely and Nancy E. Knicely own that certain property
shown on the Plat as "TM 45 Par. 59E1';
WHEREAS, Grantor Joseph D. Huff owns that certain property shown on the Plat as "TM
45 Paz. 59C'; and
WHEREAS, as a condition of subdividing the Property as shown on the Plat, the Virginia
Department of Transportation ("VDOT") is requiring the establishment of sight distance
easements along State Route 743 "Earlysville Road" as it fronts the Grantors' parcels, which
1
Version: 11202019
easements' locations are depicted on the Plat as "VDOT Sight Easements", "VDOT Sight Ease."
and "Sight Ease." (collectively, the "Easements").
NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, the Grantors do hereby GRANT and
CONVEY unto the County the Easements depicted on the Plat, to be located as shown on the
Plat, for the purpose of establishing and maintaining an unobstructed line of sight along State
Route 743 "Earlysville Road" at an elevation of no less than thirty inches above ground level in
conformance with the applicable VDOT standards.
The Easements are subject to the following terms:
1. Structures or plantings more than 30 inches above ground level prohibited. Within the
Easements, neither the Grantors nor any successor or assign may establish structures, facilities or
plantings that obstruct the line of sight at an elevation of thirty (30) inches above ground level.
Any plantings within the easement areas may only be low growing ground cover or dwarf
varieties of plants and shall not exceed twenty-four (24) inches in height.
2. Right of the County and VDOT to maintain. The County and VDOT, and their respective
employees, agents, independent contractors, volunteers, successors and assignees, may trim, cut
and remove trees, shrubbery, fences, structures and other obstructions within the Easements,
including any such obstructions existing within the Easements on the date of the grant and
conveyance of these Easements, that exceed the height of thirty (30) inches above ground level.
This conveyance is made subject to applicable easements, restrictions, covenants and
conditions contained in duly recorded deeds, plats and other instruments constructive notice in
the chain of title which have not expired by time limitation contained therein or otherwise have
become ineffective.
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.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE)
2
Version: 11202019
WITNESS the following signatures:
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
BELLA SIGNATURE HOMES, LLC
By:..li4.f (5•
Luke E. Kitelinger, Manager
The foregoing instrument was acknowledged before me this ` day of _
by Luke E. Kitelinger, Manager, on behalf of Bella Signature Homes, LLC.
Notary Public
My Commission Expires:
Registration Number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 11202019
WITNESS the following signatures:
GRANTORS:
cl, /
Rodney L. qicely
Nancy E. Xrucely
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this .Z�v of OC--llv b e
a,6 20 by Rodney L. Knicely and Nancy E. Knicely, Grantors.
My Commission Expires: oalag,1aoza
Registration Nurnber: 96i7 % 9 o"3'&
Notary Public m O0j
sn REPUBLIC
p MY COMMIS5�06
c EXPIRES N ?
SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4,"'1Isills""'
Version: 11200019
WITNESS the following signatures:
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this
2 O,Z 0by Joseph D. Huff, Grantor. Q
My Commission Expires- 4 2 ,28 ,70.2 1�1
Registration Number: Q, Yq3 60
Bday of bC/de r
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
5
Version: 11202019
GRANTEE: CO7e!c
F //B�EARLE, VIRGINIA
By
Jefardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this.6af day of
61.1=Lax ,aD2,Dby Jeffrey B. Richardson, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
My Commission Expires: . 31, a.oa3
Registration number: -'I 1 ba-
Approved as to form:
County Attorney
NotAy Public
E
YL 1. SKEEN
ARY PUBLIC
ATION M 7153762
EALTH OF VIRGINIA
ISSION EXPIRES
BER 31,2023
6
Version: 11/202019