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Home My WebLink AboutSUB202000170 Easements Easement Plat 2021-02-05202100002098.001 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1.223,-227.1,-249 FORM A — COVER SHEET CONTENT Instrument Date: ..2/1/2021 ................................................................... Instrument Type: Number of Parcels: .... —....... Number of Pages: ....... 6........ [ J City [X] County_ALBEMARLE............................................. CIRCUIT COURT Tax Exempt? VIRGINIAXEDERAL CODE SECTION [ ] Grantor: .................................................................................. [X] Grantee: .. 58 1-811(A)(3), 58.1-811(C)(5) ................................................................................ Business/Name ........ 1...... X Grantor: NORTHTOWN DEVELOPMENT LLC ............................................................................... ................. Grantor:.............................................................................................. ........ 1...... X Grantee: ALBEMARLE COUNTY SERVICE AUTHORITY ............................................................................. ................. Grantee: Grantee Address Name: ALBEMARLE COUNTY SERVICE AUTHORITY RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG FILED Feb 04, 2021 AT 12:57 pm BOOK 05474 START PAGE 0429 END PAGE 0436 INST # 202100002098 TOTAL NUM PAGES 0008 EMJ (Area Above Reserved For Deed Stamp Only) Address: ..................................................... City: ............... ....................................................... .......................... State:...... A..... Zip Code: ........... -- .............................. Consideration: AO.:00 Existing Debt: So:Oo Actual Value/Assumed: So: o0 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal:. o - 00 Fair Markel Value Increase: $0. 00.. ...............................I......... Original Book No.: ........................................ Original Page No.:........................................ Original Instrument No.:............. Prior Recording At: City County Percentage In This Jurisdiction:... Book Number: . ........................... Page Number:......................... Instrument Number:.......................................... Parcel Identification Number/Tax Map Number: oaso0-oo-0o-111co Short Property Description: . TBD ...........GAN......D. ....... ER ......D R ........IV...E ........................................................................................................................................ Current Property Address: .TBD....................................... City:. CHARL0.TTESVILLE......... I .......................... State: Instrument Prepared By: EVE .PERxINs Recording Retuned To: EDWARD, CARRINGTON C ............... Address:.310 OLD .IVY WAY 0 ......................SUITE..............24......................... C.HARLOTTESVI LLE S ........... Zip Code: 22901............... ............................ Recording Paid :((. ...... /O SEVEN DEVELOPMENT (, .............................................................. State: ....... VA..... Zip Code: ..22903 EXEMPT r FORM CC-1570(MASTER, PAGE ONE OF ONE )long Cover Sheet 0 Copyright 2014 Office of the Executive Secretary, Supreme Coun of Virginia. All nghls reserved. 202100002098.002 Prepared by: Eve Perkins (VSB #43098) Valvoline 100 Valvoline Way Lexington, KY 40509 TAX MAP 04500-00-00-111C0 EXEMPT FROM RECORDATION TAXES AND FEES UNDER SECTIONS 58.1-811(A)(3), 58.1-811(C)(5), 42.1-70, 17.1-266, AND 17.1-279(F) THIS DEED OF. WATERLINE EASEMENT, made and dated this VO— day of fiyRya!" , 20 Zt , by and between NORTHTOWN DEVELOPMENT, LLC, a Virginia limited lability company, whose address is 310 Old Ivy Way, Suite 204, Charlottesville, Virginia 22903, hereinafter called the "Grantor"; and the ALBEMARLE COUNTY SERVICE AUTHORITY, with an address of 168 Spotnap Road, Charlottesville, Virginia 22911, hereinafter called the "Grantee". RECITALS: A. The Grantor is the owner of that certain tract or parcel of land containing 1.137 acres, more or less, located on U. S. Route 29 and Gander Drive in Albemarle County, Virginia, being all the lands acquired by Grantor pursuant to that certain Deed dated August 18, 2020, of record in the Clerk's Office of the Circuit Court of the Albemarle County, Virginia as Instrument No. 202000011059, Tax Parcel No. 04500-00-00-111C0 (the "Northtown Property"). B. The Grantor has agreed to grant and convey a waterline easement across a portion of the Northtown Property, as more fully set forth hereinafter. 1 202100002098.003 NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand and other valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. RECITALS: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. CONVEYANCE OF WATERLINE EASEMENT: The Grantor hereby grants and conveys unto the Grantee and its successors and assigns, with General Warranty and English Covenants of Title, a perpetual easement and right-of-way to construct, install, maintain, repair, replace and extend water lines, consisting of pipes and appurtenances thereto (the "Waterline Easement") over those certain portions of the Northtown Property designated "Utility Easement A 0.010 Acres" and "Utility Easement B 0.011 Acres" on that certain plat titled "Valvoline Easement Plat Northtown Development LLC" dated December 8, 2020, drawn by CESO, which plat is attached hereto and incorporated herein by reference as if set out in full (the "Easement Plat"). Provided, however, that it is expressly understood and agreed that the Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until such time as the same shall have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Grantee. (i) Grantor, its successors and assigns, agrees that all trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the Waterline Easement. (ii) The facilities constructed within the Waterline Easement shall be the property of the Grantee which shall have the right to inspect, rebuild, remove, repair, improve and 2 202100002098.004 make such changes, alterations, and connections to or extensions of its facilities within the boundaries of the Waterline Easement as are consistent with the purposes expressed herein. (iii) Grantee shall have the right to enter upon the Northtown Property within the Waterline Easement for the purpose of constructing, installing, maintaining, repairing, replacing, and extending water lines and appurtenances thereto, within the Waterline Easement, and the right to ingress and egress thereto as reasonable necessary to construct, install, maintain, repair, replace and extend such water lines. If Grantee is unable reasonably to exercise the right of ingress and egress over the Waterline Easement, Grantee shall have the right of ingress and egress over the Northtown Property adjacent to the Waterline Easement. (iv) Whenever it is necessary to excavate earth within the Waterline Easement, Grantee agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. (v) The easements provided for herein shall include the right of the Grantee to cut any trees, brush, and shrubbery, to remove obstructions, and to take other similar action reasonably necessary to provide economical and safe water installation, operation, and maintenance. The Grantee shall have no responsibility to the Grantor, its successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery, or obstructions if cut, removed, or otherwise damaged. 3. RETAINED USE OF LAND SUBJECT TO WATERLINE EASEMENT: The Grantor shall retain the right to use its land which is subject to the Waterline Easement conveyed herein in any manner which shall not interfere with the use and enjoyment of said Waterline Easement rights by the Grantee. The Grantor shall at all times have the right to cross over and 3 202100002098.005 upon said Waterline Easement and to use the surface over the said Waterline Easement in such a manner as will neither injure nor interfere with the construction, operation, or maintenance of the water lines, water mains, and related equipment except that no building or other permanent or temporary structure shall be erected over said permanent Waterline Easement. 4. CONSENT: The Grantee consents to the terms of this Deed of Waterline Easement, as evidenced by its execution of the attached Easement Plat and this instrument. 5. SUCCESSORS AND ASSIGNS: The terms of this Deed of Waterline Easement shall extend to and be binding upon the successors and assigns of the respective parties hereto. WITNESS the following signatures and seals: IZMAIsoIICU6J►1 a Virginia limited liability 0 Title: COMMONWEALTH OF ViYginiA. COUNTY OF WI YV[Mle. to -wit: The foregoing instrument was acknowledged before me on the A day of Febv" , 20a.1 by Edwan d C,_ ftajna +o n , as Ma.n er of Nortk ownt Development, LLC, a Virginia limited liability company, anhose name is signed to the foregoing Deed of Waterline Easement. NOTARY PUBLIC My commission expires ala8laa Jt- *3a;+4D3 DEBRA A. OWINN NOTARY PUMX COMMONWEALTH OF VRWAJ IN WITNESS WHEREOF, the Albemarle County Service Authority has caused this Deed of Waterline Easement to be executed this day of 2021. ALBEMARLE COUNTY SERVICE AUTHORITY M Prir COMMONWEALTH OF VIRGINIA, COUNTY OF ALBEMARLE, to -wit: Subscribed, sworn, and acknowledged before me this i 5� day of12021, by on berf of Albemarle unty Service Authority. r NOWARY PUBLI G' My commission ex res NotaryID: SH Ito;. PgY_Pt%e4r'QF'�. STATEMENT OF CONSENT TO THE DIVISION THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED VALVOLINE EASEMENT PLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. OWNER OF RECORD NORTHTOWN DEVELOPMENT LLC VAL VOLINE EASEMENT PLAT CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY, VIRGINIA CONTAINING 1.14 TOTAL ACRES \ DECEMBER 08, 2020 '5"VIRGIN/AELEC. \ \ PGI/ERES1WT \ \ OB3925 \ PGS 5z \ \ \ v \ \ (v STATE OF TENNESSEE �� k!7 / \ COUNTY OF WILLIAMSED A NOTARY PUBLIC IN AND J '�� ALBE�A LE ERU/CE l l \ PERSONALLY APPEARED BEFORE ME THE UNDERSIGNED, HUFFMAN, WIFOR THE DCOUNTY TH WHOM IAM PERSONALLY ACQUAINTED ND STATE AFORESAID, OR PROVED TO ME ON THE SONALLY APPEARED WILLIAM O0 Q �/ AU OR T ES/tOT \ BASIS OF SATISFACTORY EVIDENCE, AND WHO UPON HIS OATH EXECUTED THE _ \ FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED , OB 4332 pA WITNESS MY HAND AND OFFICIAL SEAL AT TENNESSEE, THIS -W Moog J• ��V ��,�^� DAY OF Dr4t M815fy 2020 S OF Q- \ \ \/ MY COMMISSION EXPIRES: [�(CSV I `1 ZoZ3 TENNESSEE / 20.00 NOTARY \ \ O A BLIC ez puBLIC J CERTIFICATE OF SURVEYOR: e�On 'C nm�ssiun ExP��es"eJ. I CERTIFY hl F D PLAN WAS MADE UNDER MY DIRECT SUPERVISION. CITY F CHA L 071, U/CLEF /IiIT \ (>q WILLkpM:J. OF P.S. > ?4 D DATE: C- �� ooko1 VIRGCNIA P.S. NO. 2510. , zIt \ \ A \ PGS'92\ 15.00 ALBEMARLE COUNTY APPROVAL: l \ \ \ \ VACANT ",(uo 0 SMT / \ / \ NO BUILDINGS AT AGENT, ARID OF 9UPERVISORS DATE: / TIME OF SURVEY ZONING: / \ \ \ LEASE ZONING- / / 22533.90 Sq. Feet HC, HIGHWAY COMMERCIAL; ENTRANCE CORRIDOR AND AIRPORT IMPACT J AREA OVERLAY DISTRICTS 0.52 Acres SETBACKS- \ PAR. I D. FRONT= 10 FEET FROM THE RIGHT-OF-WAY OR THE EXTERIOR EDGE OF LAT: 38 05 27 N 04500 — 00 — 00 —1 1 1 CO THE SIDEWALK IF THE SIDEWALK IS OUTSIDE OF THE RIGHT -OF WAY; FOR / / OFF-STREET PARKING OR LOADING SPACES, 10 FEET FROM ANY PUBLIC \ \ \ \ LONG: 78o 28 05�� W STREET RIGHT-OF-WAY / ,O DD / N 0 RT H TO W N -SIDE= NONE; SHALL COMPLY WITH CURRENT EDITION OF THE BUILDING / CODE \ DEVELOPMENT LLC -REAR= NONE \ HEIGHT RESTRICTIONS- NOT TO EXCEED 65' \ / BK. 5371 PG. 749 WATERSHED / 1. 137 ACRES THE SUBJECT PROPERTY IS LOCATED WITHIN THE SOUTH FORK \ \ \ \ RIVANNA WATERSHED AND IS NOT LOCATED WITHIN A \ DESIGNATED AGR ICU LTU RAL-FORESTRAL DISTRICT. / N/F PLANTERS BANK & TRUST COMPANY OF VIRGINIA BK 4659. PG 32 PARCEL#04500-00-00-1 1 1 AO FOUND 9/2"REBAR i// espy L/NCOLNCAP FOUND,/2"REBAR !�l//L/NCOLN CONTROL CAP N2403743"E\ N65022' 17"W 1441' UTIL/TYEASEMENTA 0010ACRES / WINITYMAP i \ NTS- / S 65°22' l7"E, 34 39' / \ \ N65°22' 17"W T. P.O.B. 7.2/' � P.O.B. S24044'22"W 3.09' 201 S24034' f6"W\ 2987 404724"W N650 12'36'" I 8IF/9.96' \ NOTES ANY "PUBLIC UTILITY EASEMENTS", AS SHOWN ON THIS PLAT ARE FOR THE \ \ PLACEMENT OF PUBLIC UTILITIES, SIDEWALKS, AND TRAILS AND FOR THE \ \ MAINTENANCE AND REPAIR OF SAID UTILITIES, SIDEWALKS, AND TRAILS. THIS y \ EASEMENT AND ALL OTHER EASEMENTS SHOWN ON THIS PLAT, UNLESS DESIGNATED FOR A SPECIFIC PURPOSE, ARE FOR THE CONSTRUCTION, b� SEWER, GAS, MIELECTRIC, TELEPHONE CABLE TELEVISION OR OTHER UTILITY NTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF LINES \ \ \ \ OR SERVICES SIDEWALKS TRAILS STORMWATER DISPOSAL AND FOR THE / \ \ \ C7� /\ EXPRESS PRIVILEGE OF CUTTING, TRIMMING OR REMOVING ANY AND ALL TREES LBE ARL SERI// OR OTHER OBSTRUCTIONS WITHIN SAID EASEMENT, OR IMMEDIATELY ADJACENT //T�/®R/T E[+/U/T \ \ \ \ r�Z" N/F THERETO, TO THE FREE USE OF SAID EASEMENTS OR ADJACENT STREETS AND C! J v FIRST GOLD LEAF FOR PROVIDING INGRESS AND EGRESS TO THE PROPERTY FOR SAID PURPOSES 3 \ LAND TRUST W EN D E LL AND ARE TO BE MAINTAINED AS SUCH FOREVER. NO BUILDING OR OTHER \ \� \ \ STRUCTURES MAY BE BUILT WITHIN SAID EASEMENTS, NOR MAY THE EASEMENT W WOOD, TRUSTEE AREA BE PHYSICALLY ALTERED SO AS TO (1) REDUCE CLEARANCES OF EITHER / L �(r� \ / /\ OVERHEAD OR UNDERGROUND FACILITIES; (2) IMPAIR THE LAND SUPPORT OF SAID \ \ \ B K 4659. PG 32 FACILITIES; (3) IMPAIR THE ABILITY TO MAINTAIN THE FACILITIES OR (4) CREATE A \ \ \ ' /5.D0 \ PARCEL# HAZARD. 04500 -00 -00-1 1 10O 2D. DD THE ABOVE PUBLIC UTILITY EASEMENTS ARE FOR THE BENEFIT OF ALL PUBLIC \ \\ \ \ \ UTILITY SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO: ALL MAILBOXES ARE TO BE PLACED WITHIN THE PUBLIC UTILITY EASEMENTS. THE 7 \ \ \ \ \ \ V U'�o / "P 09. HOME OWNER'S ASSOCIATION (HOA) IS RESPONSIBLE FOR REPAIR OR REPLACEMENT IN THE EVENT DUKE ENERGY, OR ITS CONTRACTORS, DURING c_,J MAINTENANCE OPERATIONS, DAMAGES OR REMOVES THE PEDESTAL MOUNTED CLUSTER MAILBOXES. V \ ,o a 10 20 / �/TY0FCfi' LOTTESI//LLEES� GRAPHIC SCALE (IN FEET) \ ®6 �9J6' \ UT/L/TYEASEMENT,6 LEGEND AZ9, /Y I,ARLE \ P,9S92 \ \ 0.0/I ACRES �6 �357, O� ° ,� RIGHT OF WAY LINE \ R T \ \ \ \ \ \ � �3O � � N65 /3 05 W \ S'SW iW PARCEL LINE \ ^O nnT \ 15.OD \+ \ \ \ `�� 696, — - SUBJECT PROPERTY BOUNDARY LINE \\\(JJJ �%7�AT \ A� R �N/A ELE(i \ \ \ \ \ \\ ( EASEMENT LINE 5' \ \ (� P LCS/U/T \ � �ALBE�IARLt N = CURB N/F \ 925 \ \ \ FLOOD ZONE STATEMENT. EDGE OF PAVEMENT 20. DD \ 310 OLD IVY N �e PARCEL IS LOCATED WITHIN "ZONE X" AN AREA OF MINIMAL FLOOD HAZARD, AS INDICATED BY THE FLOOD CHARLOTTES PTAP INVESTMENTS LLC ET AL \ PGJ 5� INSURANCE RATE MAP (FIRM) COMMUNITY -PANEL NUMBER 51003CO279D EFFECTIVE DATE: FEBRUARY 4, - EDGE OF WALK BK 4659. PG 32 \ \ \� 2005; PUBLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. PAVEMENT MARKINGS PARCEL#04500-00-00-1 1000 ® MONUMENT FOUND \ \ \ ® MAG NAIL FOUND \ \ BENCHMARK \ NOTE: FLOOD DATA SHOWN HEREON HAS BEEN INTERPOLATED FROM SUPPLIED DATA AND IS NOT EXACT. THE SURVEYOR ASSUMES NO LIABILITY FOR THE CORRECTNESS OF THE DATA ON THE ABOVE CITED FIRM, AND THE STATEMENT PERTAINING TO THE FLOOD ZONE DOES NOT REPRESENT SURVEYOR'S OPINION OF THE PROBABILITY OF FLOODING. 202100002098.008 ■ INSTRUMENT p 202100002098 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Feb 04, 2021 AT 12:57 pm JON R. ZUG, CLERK by EMJ BOOK 05474 PAGE 0429 • 00436