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HomeMy WebLinkAboutSUB202100074 Easements 2021-04-14Prepared by and upon recordation return to: Nicole M. Scro, Esq. (VSB #90239) 912 East High Street Charlottesville, VA 22902 Albemarle County Tax Map Parcel ID No.: 62F-E2 This deed is exempt from taxation under Virginia Code § 58.1-81l(A)(3). DEED OF EASEMENT (for Water and Sanitary Sewer) THIS DEED OF EASEMENT is made as of this _ day of 20_ by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("County"), the Grantor for indexing purposes, WINDMILL VENTURES, LLC, a Virginia limited liability company ("Windmill"), and the ALBEMARLE COUNTY SERVICE AUTHORITY ("ACSA"), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911 (Windmill together with the ACSA, the "Grantees"). WITNESS: WHEREAS, the County is the owner of that certain real property located in Albemarle County, Virginia defined as the Property (hereinafter, the "Property") in that certain Deed of Dedication from Bondstone Ventures, LLC, a Virginia limited liability company, successor by virtue of change of name and by conversion of entity to Robert Hauser Homes, Inc., to the County, dated October 3, 2016, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4830, page 20; and WHEREAS, Windmill is the owner of that certain parcel located adjacent to the Property, designated on County tax maps as parcel 61-154B, and having an address of 999 Rio Road East (the "999 Rio Property"); and WHEREAS, for the purposes of redeveloping the 999 Rio Property, Windmill desires to construct and install a water and sanitary sewer line to be dedicated to the ACSA across a portion of the Property; and WHEREAS, the County desires to convey a temporary construction, landscaping and grading easement to Windmill for the construction and installation of such water and sanitary sewer line, and to convey such completed water and sanitary sewer line to the ACSA, on such portion of the Property that is within the area shown and designated as "New Variable Width ACSA Utility Easement" (the "Easement Area") on Exhibit A attached hereto and incorporated herein (the "Easement Plat"); and WHEREAS, it is the desire and intent of the County to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement Area established for the purpose of the water and sanitary sewer easement (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the ACSA), excluding building connection lines; and NOW, THEREFORE, in consideration of the premises and the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the County does hereby GRANT and CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantees, their successors and assigns, a perpetual, exclusive easement over the Easement Area (the "Easement"), to construct, install, maintain, repair, replace and extend water and sanitary sewer lines, consisting of pipes and appurtenances thereto. Reference is made to the Easement Plat for the exact location and dimensions of the Easement Area as they cross the Property. The County and Grantees, their successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the Easement Area. As a part of this Easement, the Grantees shall have the right to enter upon the Easement Area for the purpose of constructing, installing, maintaining, repairing, replacing and extending water and sewer lines and appurtenances thereto, and the right to ingress and egress thereto as reasonably necessary. If the Grantees are unable to reasonably exercise the right of ingress and egress over the Easement Area, the Grantees shall have the right of ingress and egress over the Property adjacent to the Easement Area. 2 Whenever it is necessary to excavate earth within the Easement Area, the Grantees 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, the Grantees agree to correct and repair such damage in a proper and workmanlike manner, including the restoration of any such damaged or disturbed grass or paved surfaces. Notwithstanding anything herein to the contrary, the ACSA shall not be held responsible for restoring permeable pavers in the future, as applicable, if excavation over the water and sanitary sewer is required. Restoration of pavers shall be the responsibility of Windmill. The Easement shall include the right of the Grantees to cut any trees, brush, shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe water and sewer installation, operation and maintenance. The ACSA shall have no responsibility to the County or Windmill, their successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. The facilities constructed within the Easement Area shall be the property of the ACSA which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the Easement Area as are consistent with the purposes expressed herein. The Easement is an exclusive easement. Neither the County nor any person acting under the County's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the Easement Area or any Improvement located within the Easement Area; and further such persons shall not erect any building, fence, retaining wall or other structure within the Easement Area. [SIGNATURE PAGES IMMEDIATELY FOLLOW] WITNESS the following duly authorized signatures and seals: THE COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia IC Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I to -wit: The foregoing instrument was acknowledged before me this _ day of 20_ by as of the County of Albemarle, Virginia, a political subdivision of the Commonwealth, on its behalf. My commission expires: Notary Public Notary Registration No.: [SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE] WINDMILL VENTURES, LLC, a Virginia limited liability company IC Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I to -wit: The foregoing instrument was acknowledged before me this _ day of 20_ by as of Windmill Ventures, LLC, a Virginia limited liability company, on its behalf. My commission expires: Notary Public Notary Registration No.: EXHIBIT A the Easement Plat [attached] ri