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Home My WebLink AboutSDP202000018 Easements 2021-06-07Prepared by and upon recordation return to: Nicole M. Scro, Esq. (VSB #90239) 912 East High Street Charlottesville, VA 22902 Albemarle County Parcel ID Nos.: 78-6 and 78-7 DEED OF EASEMENT (for Parking and Access for Flow Pantops) THIS DEED OF EASEMENT, dated this XC? day of A w ' ( , 202-1 , is made by FLOW 1300 RICHMOND, LLC, a North Carolina limited liability company ("Flow"), to be indexed as both the Grantor and Grantee. WITNESSETH: WHEREAS, Flow is the owner of those certain parcels of real property located in the County of Albemarle, Virginia (the "County'), and designated as "T.M. 78-6, Lot 7, 7.65 Acres, Flow 1300 Richmond LLC, D.B. 5272-714, D.B. 201-454 Plat" (hereinafter referred to as "TMP 78-6") and "T.M. 78-7, Lot 8, 5.59 Acres (Does Not Include Overlaps or Gaps), Flow 1300 Richmond LLC, D.B. 5272-714, D.B. 1168-546, D.B. 440-37 Plat, D.B. 229-569 & D.B. 201- 454 Plat" (hereinafter referred to as "TMP 78-7, and together with TMP 78-6, the "Flow Prove ") on that certain exhibit attached hereto and incorporated herein as Exhibit A (the "Parking Layout"); and WHEREAS, Flow desires to develop the Flow Property for the purpose of operating a car dealership and maintenance shop; and WHEREAS, in furtherance of such development, Flow desires to enter into this Deed of Easement related to parking and access, which shall evidence the parking arrangement between TMP 78-6 and TMP 78-7, 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: (1) the following non-exclusive easements (hereinafter, together, the "Parkin Easements"): (i) for the benefit of TMP 78-7 access to/from ninety (90) full parking spaces, and four (4) additional partial parking spaces located (fully or partially) on TMP 78-6, and designated on the Parking Layout as "Shared Parking, Total 90 Shared Spaces + 4 Partial Spaces, for TMP 78-7 on TMP 78-6" (the "TMP 78-7 Parking Easement Area"); (ii) for the benefit of TMP 78-6 access to/from six (6) partial parking spaces located partially on TMP 78-7, and designated on the Parking Layout as "Shared Parking, Total 6 Partial Spaces, for TMP 78-6, on TMP 78-7" (the "TMP 78-6 Parking Easement Area, and together with the TMP 78-7 Parking Easement, the "Parkin Easement Areas"). (2) a non-exclusive access easement and related maintenance obligations over, across, and through that certain travelway shown and designated on the Parking Layout as "Access Easement" for the purpose of access to/from the Parking Easement Areas (hereinafter, the "Access Easement"). The following provisions pertain to the Parking Easements: (A) The parking spaces in the areas drawn in with single diagonal lines, labeled as "78-7 Parking" on the Parking Layout shall serve TMP 78-7, and the parking spaces in the areas drawn in with small plus signs, labeled as "78-6 Parking" on the Parking Layout shall serve TMP 78-6. (B) The Parking Easements shall also include reasonable access to/from the Parking Easement Areas by the owner of the benefitting parcel, such owner's assigns, successors, and invitees; 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 the owner of the benefitting parcel, and such owner's assigns or successors. (C) This Deed of Easement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Flow, which such benefits and obligations shall be distributed pursuant to the potential subsequent ownership of TMP 78-6 and TMP 78-7. The following provisions pertain to the Access Easement: (A) MINIMUM STANDARD: The Access Easement shall be maintained as a twenty-four (24)-foot wide asphalt surface, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. (B) MAINTENANCE: For purposes of this Deed of Easement, `maintenance', includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. (C) COST OF MAINTENANCE: The owner(s) of TMP 78-6 and 78-7 shall be equally responsible for the cost of maintenance of, and/or repair to the Access Easement, from Location "A" to Location `B" as shown on the Parking Layout. Any further division of TMP 78-6 and 78-7 shall require the reassessment of costs to be equally shared by all owners using the Access 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. (D) WHEN TO MAINTAIN: After the initial construction of the Access Easement, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Access Easement is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives thirty (30) days prior written notice to all other owners using the Access Easement, such owner may commence or contract for maintenance or repair to bring the Access Easement to the minimum standard and the charges therefore shall be the responsibility of all owners using the Access Easement. (E) DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided herein, any other owner not in default, or the person or corporation performing such maintenance, may after thirty (30) days written notice to the defaulting parcel owner(s) bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent owner shall be liable to pay all costs of collection, including reasonable attorney's fees. [SIGNATURE PAGES BEGIN ON THE FOLLOWING PAGE] WITNESS the following duly authorized signatures and seals: FLOW 1300 RICHMOND, LLC, a North Carolinajimited lioility company LIM Title: Ma COMMONWFALTH/S ATE OF NC CITY/COUNTY OF (Y , to -wit: The foregoing instrument was acknowledged before me this Zq day of Aeeil 20ZI by1)Onmld E:F(o,.) ,as AAAnoa e- , of Flow 1300 Richmond, LLC, a North Carolina limited liability commpa�ny, on its behalf. My commission expires: JZWL11Dky da Hayes''•..•••• Z o Notaz ublic O' . A gv : �,• Notary Registration No.: •'•a_yT H •CO..O° 0 EXHIBIT A (the Parking Layout) i a ZOP4...._., _. a _..b Z; �. \ �§