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Home My WebLink AboutSUB202000114 Agreements 2021-04-02This document prepared by and return to: Peter J. Caramanis (VSB No. 43447) Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 TMP No. 090G0-01-00-07900; 090GO-01-00-08000 DEED OF EASEMENT AND DEDICATION THIS DEED OF EASEMENT AND DEDICATION is made this 1 Ylay of 2021, 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 090G0-01-00-08000" on the Plat ("Lot 80"); 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 on Grantors' mailbox posts, no more that 6" x 8" in size, stating: `F.D. Access' (the "Post Signs"), or such other minimum size, wording or location as may be required by Grantee, or other applicable government agency, if the Post Signs are deemed insufficient by the same to meet applicable requirements. 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: 2 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. 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 WHA 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 nun 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 3 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] 0 WITNESS the following signatures: GRANTOR: U Tho s C. Jones Laurie R. Jones STATE OF 1�' h4 BK COUNTY OF The foregoing Deed of Easement was signed, sworn to and acknowledged before me this / (1 day of w i7 2021, by Thomas C. Jones, Grantor. Notary blic Patrick ODo Notary Registration No. -%% r GregNOTARY PUBLICnnell Commonwealth of Virginia 7 Reg. # 7773760 My Commission Expires: 3r' Z My Commission Expires March 31, 2022 STATEOF Vt ��LA COUNTY OF 4m* The forgoing Deed of Easement was signed, sworn to and acknowledged before me this day of 2021, by Laurie R. Jones, Grantor. Notary blic Notary Registration No. 5-7(lp- My Commission Expires: �Z Z 5 Gregory Patrick ODonnell NOTARY PUBLIC Commonwealth of Virginia Reg. # 7773760 My Commission Expires March 31, 2022 GRANTOR: Kenneth D. Henry STATE OF 1/ ✓ 6 1 l COUNTY OF tiudl NJ y(� The foregoing Deed of Easement was signed, sworn to and acknowledged before me this V" ' day of �.it �i� 2021, by Kenneth D. Henry, Grantor. Notaryory Patrick ubli Notary Registration No. L - (' �700 Greg NOTARY P..' Cnnell commonwealth of Virginia M Commission Expires: Reg. # fires M 0 y p 7' 3l Z�%Z'L My Commission Expires March 31, 2022 STATEOF ViT �i COUNTY OF &AA 1.1: e foregping Deed of Easement was signed, sworn to and acknowledged before me this r/li day, y 2021, by Heather B. Henry, Grantor. Public Notary Registration No. % 3� C My Commission Expires: 3 3t ZZ 0 Gregory Patrick ODonnell NOTARY PUBLIC commonwealth of Virginia Reg. # 7773760 My commission Expires March 31, 2022 Cep -1al", ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: L The foregoing instrument was acknowledged before me thisday of CQ an � 2021, by Jeffrey B. Richardson, County Executive, on behalf of the County of Ae nllbarle, Virginia, Grantee. My Commission Expires: C2 :J-. 3� �-+pa3 Registration number: -I 153'l ba- Approved as to form: County Attorney t_. Not y Public =RS SKEENBLICR7153762COMOF VIRGINIAMEXPIRES, 2023 Notary Registration No. % %13 7int7 My Commission Expires: 2✓ �l �vv WHITTINGTON HOMEOWNERS ASSOCIATION a Virginia non -stock corporation By: Z"'� _� Name- er Titl STATEOF C0UNTY0FfAjht4L&rV The foregoing De d of Easement was si ed, sworn to and acknowledged befo a me this Z� day of MAIV- 2021, by iyl le- as Dvoe r of Whittington Homeowners Association. Ale�T�5"j 00 Not Publ Gregory Patrick ODonnell NOTARY PUBLIC commonwealth of Virginia Reg. # 7773760 My Commission Expires March 31, 2022