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Home My WebLink AboutSUB202100022 Easements 2021-07-26 (3)PREPARED BY AND RETURN TO: Justin A. Ritter, VSB# 82573 Ritter Law PLLC 600 E. Water Street, Suite F Charlottesville, VA 22902 (434)218-1172 Parcel ID Numbers: 04500-00-00-084A0,04500-00-00-08500,04500-00-00-112F1 & 04500-00-00-112172 This DEED OF EASEMENT, made this _ day of July, 2021, by and between BERKMAR DEVELOPMENT LLC, a Virginia limited liability company (defined and indexed as "Grantor"), and the ALBEMARLE COUNTY SERVICE AUTHORITY (defined as "ACSA" or "Grantee" and indexed as "Grantee"), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, receipt of all of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS of TITLE unto the Albemarle County Service Authority a perpetual right of way and easements to construct, install, maintain, repair, replace and extend various water and sewer lines consisting of pipes and appurtenances thereto, over, under and across the real property of the Grantor located in Albemarle County, Virginia, the location of the easements granted and the boundaries of the property being more particularly described on the following plat: Those new permanent sewer and water easements shown and described on that certain plat of Roudabush, We & Associates, Inc., titled "Easement Plat, Berkmar Overlook, Tax Map 45, Parcels 84A, 85, 112F 1 & 112172, Rio Magisterial District, Albemarle County, Virginia, ACSA/Sewer/Water and Sewer Lateral Easements", dated February 4, 2021, last revised July 12, 2021(the "Plat"), as it crosses property of the Grantor described on the Plat as (i) "New Variable Width ACSA Sewer - Easement*", (ii) "New 20' ACSA Sewer Easement* - Calls to Center °', (iii) "New ACSA Water Easement*", and (iv) "New ACSA Sewer Easement*"; 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. Reference is made to the Plat for the exact location and dimension of the permanent easements hereby granted and the property over which the same crosses, a copy of which is attached hereto and labeled as "Exhibit A". As part of the easements the ACSA shall have the right to enter upon the above -described property within the easements for the purpose of installing, constructing, maintaining, repairing, replacing and extending sewer/water lines and appurtenances thereto, within such easement and the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend such sewer/water line. If the ACSA decides in its sole discretion that it is reasonably unable to exercise the right of ingress and egress over the right-of-way, the ACSA shall have the right of ingress and egress over the property of Grantor. Whenever it is necessary to excavate earth within such easement, the ACSA agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation. Grantor, its respective successors or assigns, agree that no trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall be placed within the easements conveyed herein. The easements provided for herein shall include the right of the ACSA, to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer/water line installation, operation and maintenance. The ACSA shall have no responsibility to the Grantor, their successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery and obstructions that are removed or otherwise damaged. 2 The facilities constructed by ACSA within the permanent easements 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 boundaries of the permanent easements as are consistent with the purposes expressed herein. [Signatures and seals on the following page] WITNESS the following signatures and seals: GRANTOR: BERKMAR DEVELOPMENT LLC, a Virginia limited liability company By: (SEAL) Andrew G. Baldwin, Manager Ed Bailey, Manager STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, to wit: The foregoing instrument was acknowledged before me this _ day of July, 2021, by Andrew G. Baldwin, in his capacity as Manager of Berkmar Development LLC, a Virginia limited liability company. My Commission Expires: Notary Public STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me this _ day of July, 2021, by Ed Bailey, in his capacity as Manager of Berkmar Development LLC, a Virginia limited liability company. My Commission Expires: Notary Public "Exhibit A" [See attached Plat] _ NEW ACSA TMP 45-84+ WATER EASEMENT* TMP 45-84A2+ 36.82' (TRLEIC) SOCIETY FOR THE �C'03 (TIE) *ACSA UTILITY EASEMENTS ARE PREVENTION OF TO BE CENTERED ON CRUELTY TO do "d3. .3 •_ W AS -BUILT LOCATIONS. ANIMALS, INC T6 N34'2340 E Mid O��BU EASEMENTS ARE TO BE 20 DB 5108 PC 549 10.33 / l o 1 OPEN SPACE F ` Z4P Ra21 ROAD FEET DWIDE, UTILITY LOCATION.NEITHER N �' N55'36 20 W L boa N55'36'20"W z a ' 18.10 A DB Ao R 6S9 534 s 8.33' 10� PC Sq dpT �T?�6 N27'17'27"E 91 34,21' J 10.68' • (TIE) 0 OPEN SPACE D NEW 20' ACSA ti0 0.316 AC SEWER EASEMENT* -CALLS TO CENTER- `� 9 N71'58'57"E rn S271727"W / 14.17' (TIE) �'• 12.24' 0`� � 1 LOT 3 L �� NEW ACSA SEWER \ ✓,p�/ S y0 S63'07'20"E 11 9s' EASEMENT* 2 20.1� Zl• S01'06'38"E F, F, h N y N o T LO � � 16.58 ' ' o N LOT � N40'10'08"W N$ NEW 10' PRIVATE Zj' OPEN SPACE C � � EXISTING CEMETERY � 20.00' y0� N49' " , J a "ISTING T � --__ 4952 E SEWER LATERAL � 1 o METERY s EASEMENT* E z OPEN SPACE -CALLS TO CENTER- i i u• •� ---,�` \BO4F 30 S49'49'52"W LOT 52 III �� NEW ACSA SEWER 19 29 CARIABLE WIDTg pR � � ` 0� u EASEMENT* J 11 • ` �F \ y / 15 1 ;a`ol • LOT 43 • E LOT 47 % • • DE STREET \ 55l 151Ei N62'54'43"W VARIABLEWIDTHPUBLIC R/W ' 5.07' �-------- -----�---�_--�- 31.72' (TIE) N63'13'52"W __ _�•'� __ S3910'10"W"W 90.75' \ -� 10.09___.— \--- $36'39'37 W 123.94 S40'4047 W S66'46'38"W� - --"W 100.96 19.52' S38'28'S9 13.98' (TIE) r S37'48'07"W o y y NEW 10' PRIVATE 20.38' o y 3 W SEWER LATERAL r o y w EASEMENT* r o W a -CALLS TO CENTER- o y oy w rn W W W 41 OPEN SPACE B TMP 45-86 \ N/F ALBEMARLE SOCIETY \ FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC DB 2096 PC 111 TMP45-112F \ N/F FOUNDATIONS, LLC CIO FOUNDATIONS CHILD DEVELOPMENT \ DB 2834 PC 1 I I 1 i - emu, xto§ 0 REFERENCE BEARING AND DISTANCE INFORMATION ON SHEET V3. 0 50 100 150 LOTS 1 THRU 52, OPEN SPACE A, B, C, D, E, F AND G AS WELL AS MARSAC STREET, EMPIRE STREET AND SWEDE STREET ARE PROPOSED PER SITE PLAN CURRENTLY UNDER REVIEW. THEY ARE SHOWN HERE FOR CONTEXTUAL PURPOSES ONLY. y0§ S67'41'58"E 30.65' 9a' 9� 9i LOT 24 5 L0� Q'; LOT LA c / 1 � i LOT 27 I 1 1 TMP 45-82 N/F THIRD MESA, LLC DB 5002 PC 606 TMP 45-82A N/F THIRD MESA, LLC DB 4341 PC 138 / TMP 45-81 N/F THIRD MESA, LLC DB 4841 PC 138 N40*21,0 " I wIN,40'23'38"E LOT 28 I 'o1N (r,1.00' 11 LOT 29 j� I t � Z iA 10� I,-!' LOT 30 NEW VARIABLE a '4'I iI" WIDTH ACSA SEWER EASEMENT* N I.P 1 ---- -- -----S42'53_11"W _141.45' ----� -----� ``y�� • N33'36'35"E 0. NEW 20' ACSA \(-10.64' (TIE) �\ o SEWER EASEMENT* \�`� N33'36'35"E -CALLS TO CENTER- N56``��\,, 4.71' '23'17"W `� 3.52' p=" w OPEN SPACE A S26'41'08"W N63'18'52"W 20.00' 9.42' S63'18'52"E 6.12' ~ 43.55 115.94' (TIE) �71E) A R DRIVE NEW ACSA WATER EASEMENT* ROUTE 1403 STATE STATEE WIDTH R/W \ AR1DB 2834 PC U o 0 cmN Nz0 w N�� Q j y Ewcn m Q1--1 2 '» �E 2b JWir U ob >00 WOO QW oaz _mjUQ ct? =rn� O OW U� J 2 N M N W 2p HFo R oQ >>N � 7 r� Wp WOv V 4? �Ya w� Obb �JLL x WW 0z�� q z N 0 �¢ W t_ �Wa '�v 2 4Lco)z �? cn50 OW =-a ®dJ W v H D ON a 34 12-2021 t S� Q Z E- c5 z � w w } w ILLZ Y TO O To 0 C45 w E- J dwL0cV2 �> aTm 44 w0 <Ta Ln z (w� FEU LLI LLJ W Q E- m w � d � � C w C7 � Q O d Ir DATE: 02-04-2021 REV: 03-26-2021 REV: 07-12-2021 REV: REV: SCALE: V=50' JOB: 8710 FILE: TMPROJ SHEET: V4 OF 07