HomeMy WebLinkAboutSDP202100009 Easements 2021-05-18 (2)Prepared by:
Nicole M. Scro, Esq. (VSB #90239)
912 East High Street
Charlottesville, VA 22902
Albemarle County Tax Map Parcel 61-154B
DEED OF EASEMENT
(for Parking for 999 Rio Road East)
THIS DEED OF EASEMENT, dated this day of
20 is made by WINDMILL VENTURES, LLC, a Virginia limited liability company
("Windmill"), to be indexed as both the Grantor and Grantee.
WITNESSETH:
WHEREAS, Windmill is the owner of that certain parcel of real property located in the
County of Albemarle, Virginia (the "County'), designated on County tax maps as parcel 61-
15413, and having an address of 999 Rio Road East (the "Pro e "); and
WHEREAS, Windmill desires to develop the Property with (1) residential stacked,
multifamily units, shown as Lots 1-7 (the "Flats") on that certain Shared Parking Agreement
Exhibit, attached hereto and incorporated herein as Exhibit "A" (the "Exhibit") (2) residential
single family attached units, shown as Lots 8-13 on the Exhibit (the "Attached Units"), (3) single
family detached units, shown as Lots 14-18 on the Exhibit (the "Detached Units"); and
WHEREAS, in furtherance of such development, Windmill desires to enter into this
Deed of Easement related to parking, which shall evidence the parking arrangement between the
future parcels corresponding to uses 1 through 3 listed above, on the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of good and valuable consideration, receipt of
which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY unto the
Grantee, its successors and assigns, non-exclusive, easements for the purpose of ensuring
parking for the Flats, Attached Units, and Detached Units, on the terms and conditions herein
(together, the "Parking Easements").
The Parking Easements shall encompass those areas drawn in with plus signs, single
diagonal lines, and/or double diagonal lines on the Exhibit, as well as access to/from such areas
(the "Parking Easement Areas"). The parking spaces in the areas drawn with plus signs, and
labeled "Lots 1-7 Parking" on the Exhibit, shall serve the Flats. The parking spaces in the areas
drawn with single diagonal lines, and labeled "Lots 8-13 Parking" on the Exhibit, shall serve the
Attached Units. The parking spaces in the areas drawn with double diagonal lines, and labeled
"Lots 14-18 Parking" on the Exhibit, shall serve the Detached Units. The parking spaces in the
areas drawn with dotted diagonal lines, and labeled "Shared Parking" on the Exhibit, shall serve
the Flats, Attached Units, and Detached Units as guest parking for such units.
The Parking Easements shall also include reasonable access to the Parking Easement
Areas by the assigns, successors, and invitees of the Flats, Attached Units, and Detached Units;
such access, and the related maintenance obligations, including without limitation, as applicable,
snow removal, maintenance of surrounding vegetation, re -pavement and repainting (striping),
shall be borne by Windmill, as owner of the Property, and/or Windmill's successors and/or
assigns, including, without limitation, a homeowner's association for the Property.
The Parking Easement Areas are subject to modification by Windmill, its successors
and/or assigns, upon construction of the area adjacent to Rio Road East where an office building
is intended to be constructed; provided, however, such modification satisfies County parking
requirements for the Flats, Attached Units, Detached Units, future uses, and any other applicable
County regulations.
This Deed of Easement shall be binding upon and shall inure to the benefit of the heirs,
personal representatives, successors and assigns of Windmill, which such benefits and
obligations shall be distributed pursuant to the subsequent ownership of the Property, and the
terms and conditions outlined herein.
[SIGNATURE PAGES BEGIN ON THE FOLLOWING PAGE]
WITNESS the following duly authorized signatures and seals:
WINDMILL VENTURES, LLC,
a Virginia limited liability company
Printed Name:
Title:
COMMONWEALTII/STATE OF
CITY/COUNTY OF to -wit:
The foregoing instrument was acknowledged before me this
20_ by , as
LIT, a Virginia limited liability company, on its behalf.
My commission expires:
day of
of Windmill Ventures,
Notary Public
Notary Registration No.:
EXHIBIT A
Exhibit
(the Parking Layout)