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HomeMy WebLinkAboutZMA200400017 Easements 2006-12-13 (2)This document prepared by: Williams Mullen, P.C. 321 East Main Street, Suite 400 Charlottesville, Virginia 22902 -3200 Albemarle County Tax Map Parcels: 076PO -01 -00 -00100 & 076PO -02 -00 -00200 DEED OF EASEMENT THIS DEED OF EASEMENT made this 1st day of December, 2006, by and between SHERWOOD MANOR HOMEOWNERS' ASSOCIATION, a Virginia non -stock corporation (the "Association ") (the Grantor for indexing purposes); WOODLANDS OF CHARLOTTESVILLE, LLC, a Virginia limited liability company having an address of 1550 Timothy Road, Suite 201, Athens, Georgia, 30606 ( "Woodlands ") (the Grantee for indexing purposes); and the ALBEMARLE COUNTY SERVICE AUTHORITY (the "ACSA ") (the Grantee for indexing purposes), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESSETH: WHEREAS, the Association is the owner of two parcels of land located in Albemarle County, Virginia and identified on the current tax maps of Albemarle County as parcels 076P0- 01 -00 -00100 and 076PO -02 -00 -00200 (collectively, the "Association Property "); and, WHEREAS, Woodlands and the Association have entered into a Deed of Easement and Agreement dated November 28, 2006, describing certain other construction and grading easements on the Association's property, (the "Easement Agreement "); and, WHEREAS, Woodlands desires to construct a sewer line on the Association Property to extend public sewer service to the Woodlands Property; and, WHEREAS, ASCA is willing to accept such line after the same shall have been I constructed in a lawful manner to its specifications, but not before; and, WHEREAS, Association is willing to convey a temporary easement to Woodlands to construct and install said sewer lines for the use of the public; and is further willing to convey to ASCA a perpetual easement across its land, for the maintenance and operation of such sewer lines, which easement is to be accepted by ASCA at such time as the said sewer lines shall be accepted by it for maintenance as being constructed in accordance with its specifications; WHEREAS, reference is hereby made to the plat of JenningStephenson, dated October 12, 2006, as revised November 27, 2006, and titled "Plat Showing Various Easements Across the Property of Sherwood Manor Homeowners Association," (the "Plat ") a copy of which Plat is attached hereto and incorporated herein by reference, for the exact location and dimensions of said easement as it crosses the Association's Property; and, NOW, THEREFORE, IN CONSIDERATION of the foregoing premises and TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the ASSOCIATION hereby grants and conveys unto WOODLANDS and its employees, agents, contractors, successors and assigns a temporary, exclusive right -of -way and construction easement and right of access to and from and passage on, through, over, under and across the Association Property in the areas shown on the Plat as "20' Sanitary Sewer Easement to be dedicated to ASCA 0.181 acre" (the "Sewer Easement Area ") for the construction and installation of sewer lines (the "Temporary Sewer Easement "). This Temporary Sewer Easement and temporary right of access shall expire upon the completion of construction and acceptance of the sewer lines into the ASCA system. The ASSOCIATION also hereby grants and conveys with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the ASCA, its successors and assigns, perpetual rights -of -way and easements centered 2 twenty (20) feet in width to construct, install, maintain, repair, replace, and extend sanitary sewer line consisting of pipes and appurtenances thereto, in the Sewer Easement Area; PROVIDED, HOWEVER, that it is expressly understood and agreed that the ASCA shall not be deemed to have accepted the conveyances set forth herein until such time as the same have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the ASCA (the "Permanent Sewer Easement'). The Temporary Sewer Easement and the Permanent Sewer Easement are collectively referred to herein as the "Sewer Easements "). i. The Woodlands and ASCA shall have the right to enter upon the above - described property within the Sewer Easement Area for the purpose of installing, constructing, maintaining, repairing, replacing, and extending the sewer lines and appurtenances thereto, within the Sewer Easement Area, and the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace, and/or extend such sewer line. If Woodlands and ASCA are unable to reasonably exercise the right of ingress and egress over the deeded right -of -way, Woodlands and ASCA shall have the right of ingress and egress over the property of the Association adjacent to the Sewer Easement Area. ii. The Association, its successors or assigns, agrees that new trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the Sewer Easement Area conveyed herein. iii. Whenever it is necessary to excavate earth within the Sewer Easement Area, Woodlands and ASCA agree to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition existing prior to the excavation. In the event that any damage results from said access, 3 Woodlands and ASCA agree to correct and repair such damage in a proper and workmanlike manner, including the restoration of any such damaged or disturbed grass surfaces. iv. The Sewer Easements shall include the right of Woodlands and ASCA to cut any trees, brush, and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer installation, operation, and maintenance all within the Sewer Easement Area and within the portion of the Construction Easement Areas shown as "10' Temp. Const. and Grading Easement 0.050 acre" and "10' Temp. Const. and Grading Easement 0.013 acre" on the Plat (collectively, the "Temporary Construction Areas "). Woodlands and ASCA shall have no responsibility to the Association, its successors or assigns, to replace or reimburse the cost of such trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. However, in the event that any tree located within ten (10) feet of the Sewer Easement Area and not within the boundaries of the Temporary Construction Areas or within the boundaries of the area shown as "Var. Width Temp. Const. and Grading Easement 1.416 acres" on the Plat, having a diameter of ten (10) inches or more dies within twelve (12) months after the end of the term of the Construction Easement (which is defined in paragraph 1(a)(v) of the Easement Agreement), then, upon Woodland's receipt of documentation thereof, Woodlands shall promptly replace such tree with a tree of similar or equivalent species of a reasonable size, which the Association acknowledges and agrees may not be the same size as the damaged tree. V. The facilities constructed within the permanent Sewer Easement Area shall be the property of the ASCA, which shall have the right to inspect, rebuild, remove, repair, replace, improve and make such changes, alterations and connections to or extensions of its facilities within Sewer Easement Area as are consistent with the purposes expressed herein. 4 vi. Upon request by ASCA or the Association, the Woodlands shall promptly execute a Letter of Dedication to the ACSA dedicating such sanitary sewer line to the ACSA on the standard ACSA form Letter of Dedication. WITNESS the following signatures and seals: SHERWOOD MANOR HOMEOWNERS' ASSOCIATIOON, a Virginia non -stock corporation By :Vu Printed Name: (SAYy' 1 eAQe Title: resr COMMONWLTH OF VIRGINIA' f 1 COUNTY / IT OF C�tic�� oi�eSV lie TO -WIT: The foregoing instrument was acknowledged before me this S+day of b�Acz , 2000, by 6QAItAi iJ. L C( , the e.S;C6 of Sherwood Manor Homeowne ' Association, a Virginia non -stock corporation, on behalf of the corporation. My commission expires: 3 Q Notary Public 1348064