HomeMy WebLinkAboutSUB202000114 Deed of Easement and Dedication 2020-11-09This document prepared by
and return to:
Peter J. Caramanis (VSB No. 43447)
Royer Caramanis PLC
200-C Garrett St.
Charlottesville, VA 22902
TW No. 09000-01-00-07900; 09000-01-00-08000
DEED OF EASEMENT AND DEDICATION
THIS DEED OF EASEMENT AND DEDICATION is made this _ day of
2020, by and between KENNETH D. HENRY AND HEATHER B. HENRY, husband and wife,
(collectively, "the Henrys") and THOMAS C. JONES AND LAURIE R JONES, husband and
wife, (collectively, "the Joneses"), collectively Grantors, and the COUNTY OF ALBEMARLE,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.
WHITTINGTON HOMEOWNERS ASSOCIATION, a Virginia non -stock corporation
("WHA"), joins in this Deed to evidence its maintenance obligations related to the Emergency
Access Easement granted herein, and shall be indexed as an additional Grantee.
WHEREAS, the Henrys are the owners of the that certain parcel of land identified as "TMP
090G0-01-00-07900" ("Lot 79") on that plat prepared by Roudabush, Gale & Associates, Inc.,
entitled "Easement Plat Tax Map 90G-1 Parcels 79 and 80 Lots 79 and 80 Whittington Phase A
Samuel Miller District, Albemarle County, Virginia," dated June 3, 2020 and last revised October
30, 2020 (the "Plat"), attached hereto and recorded herewith.
WHEREAS, the Joneses are the owners of that certain parcel of land identified as "TMP
090GO-0 1 -00-08000" on the Plat ("Lot 80");
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WHEREAS, Grantee desires to establish an emergency access easement over a portion of
Lots 79 and 80, shown and labeled on the Plat as "Variable Width Emergency Access Easement —
Hereby Dedicated to County for Public Use" (the "Emergency Access Easement") to facilitate the
turnaround of emergency services vehicles in the cul-de-sac of Victor Place.
NOW, THEREFORE, for and inconsideration of Ten Dollars ($10.00), cash in hand paid,
and the mutual promises and conveyances herein set forth, the receipt and sufficiency of which are
hereby acknowledged, Grantors and Grantee hereby agree as follows:
Grantors do hereby GRANT and CONVEY unto Grantee an easement for ingress and
egress over the Emergency Access Easement as shown on the Plat as referenced in the Recitals
above, which are hereby incorporated by reference, as the same may lie across each Grantor's
property.
The Emergency Access Easement shall be specifically intended for use by emergency
services vehicles for ingress and egress to permit adequate turnaround in the Victor Place cul-de-
sac. The Emergency Access Easement shall have an asphalt surface or other surface capable of
supporting the weight of emergency services vehicles, such surface to be maintained to the
minimum standard herein. In addition, Grantee or WHA shall be permitted to install signage
within the Emergency Access Easement related to the use and limitation of use of the easement
area. The maintenance of the Emergency Access Easement surface and any related signs shall be
the responsibility of WHA, which for itself and its successors in interest, hereby agrees to maintain
the Emergency Access Easement as follows:
MINIMUM STANDARD: The Emergency Access Easement shall be maintained
with an all-weather type surface, specifically asphalt driveways maintained in
perpetuity to substantially the same condition as when approved by the County.
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The Emergency Access Easement shall be maintained so that it is safe and
convenient for emergency vehicles at all times except in severe temporary
weather conditions.
For purposes of this instrument, `maintenance' includes the maintenance of the
Emergency Access Easement surface, and the prompt removal of snow, water,
debris, or any other obstruction so as to keep the Easement reasonably open for
usage by emergency services vehicles. The term "to maintain," or any derivation
of that verb, includes the maintenance, replacement, reconstruction and correction
of defects or damage.
COST OF CONSTRUCTION/MAINTENANCE: The initial construction of the
Emergency Access Easement has been completed, and WIIA shall be responsible
for the subsequent maintenance thereof, and/or repair to the Easement. No public
agency, including the Virginia Department of Transportation and the County of
Albemarle, Virginia, will be responsible for maintaining any improvement
identified herein.
The Emergency Access Easement granted hereby shall run with the land and be binding
upon and inure to the benefit of the successors and assigns of Grantors, Grantee, and WHA. Any
future conveyance of Lot 79 or Lot 80 is subject to this Emergency Access Easement. Grantor, its
successors and assigns, shall retain all rights within the Emergency Access Easement not granted
hereby provided the exercise of those rights will not interfere with the rights of Grantee, WHA, or
their successors and assigns, as set forth herein. If any driveway underlying the Emergency Access
Easement shall be redesigned or relocated, the parties hereto, their successors and assigns, agree
to negotiate in good faith to relocate the Emergency Access Easement within the location of the
relocated driveway provided the new location can satisfy the turnaround needs for emergency
services as originally intended herein.
[Signature Pages to Follow]
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WITNESS the following signatures:
GRANTOR:
Thomas C. Jones
Laurie R. Jones
STATE OF _
COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of 2020, by Thomas C. Jones, Grantor.
Notary Public
Notary Registration No.
My Commission Expires:
STATE OF _
COUNTY OF
The foregoing Deed of Easement was signed, swom to and acknowledged before me this
day of 2020, by Laurie R. Jones, Grantor.
Notary Public
Notary Registration No.
My Commission Expires:
GRANTOR:
Kenneth D. Henry
Heather B. Henry
STATE OF _
COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of 2020, by Kenneth D. Henry, Grantor.
Notary Public
Notary Registration No.
My Commission Expires:
STATE OF _
COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of 2020, by Heather B. Henry, Grantor.
Notary Registration No.
My Commission Expires:
Notary Public
M
GRANTEE:
COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this _ day of
2020, by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
My Commission Expires:
Registration number:
Approved as to form:
County Attorney
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Notary Public
WHITTINGTON HOMEOWNERS ASSOCIATION
a Virginia non -stock corporation
By: _
Name:
Title:
STATE OF _
COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of 2020, by as of
Whittington Homeowners Association.
Notary Registration No.
My Commission Expires:
Notary Public
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Exhibit A
(Plat prepared by Roudabush, Gale & Associates, Inc., entitled "Easement Plat Tax Map 90G-1
Parcels 79 and 80 Lots 79 and 80 Whittington Phase A Samuel Miller District, Albemarle
County, Virginia," dated June 3, 2020 and last revised October 30, 2020)
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