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Home My WebLink AboutSUB202100022 Easements 2021-07-26 (4)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#:04500-00-00-112EO DEED OF EASEMENT FOR SANITARY SEWER FACILITIES THIS DEED OF EASEMENT is made this _ day of July, 2021, by and between BRIAN J. McMAHON and STEPHEN K VON STORCH, indexed and hereinafter defined as "Grantors", and ALBEMARLE COUNTY SERVICE AUTHORITY a political subdivision of the Commonwealth of Virginia, indexed as "Grantee", and defined as "ACSA", the "Service Authority" or the "Grantee", whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESSETH: WHEREAS, Grantors are the owners of real property in Albemarle County, Virginia, identified as Albemarle County Tax Map Parcel 04500-00-00-112EO and further shown and designed as "TMP 45-112E McMahon, Brian J. & Stephen K. Von Storch" (hereinafter referred to as the "Property") on the plat attached hereto, prepared by Roudabush, Gale & Associates, Inc., dated July 12, 2021, entitled "ACSA Sanitary Sewer Easement Plat, Tax Map 45, Parcel 112E", made a part hereof, and recorded herewith, labeled as "Exhibit A" (the "Plat"); WHEREAS, Grantors, along with other parties owning other real property near the Property, previously conveyed a sanitary sewer facilities easement to the ACSA, pursuant to that certain Deed of Easement, dated October 3, 2018, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, Deed Book 5232, pages 243-256 ("Pre -Existing ACSA Easement"); WHEREAS, a portion of the boundary of the sanitary sewer easement granted in the Pre - Existing ACSA Easement needs to expand on Grantors' property, as specifically shown on the Plat in such area labeled as "NEW 20' ACSA SANITARY SEWER EASEMENT, CENTERED ON AS -BUILT LOCATION OF SEWER LINE (SHADED AREA)" ("New Easement Area"); WHEREAS, the Service Authority is willing to accept the New ACSA Easement Area after the facilities to be constructed therein have been constructed in a lawful manner to its specifications, but not before; and WHEREAS, the Grantors are willing to convey to the Service Authority a perpetual easement across its land, for the maintenance and operation of such water line(s) and sanitary sewer line(s), which easement is to be accepted by the Service Authority at such time as the said 1 water line(s) and sanitary sewer line(s) shall be accepted by it for maintenance as being constructed in accordance with its specifications. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and CONVEY, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the ACSA, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, perpetual rights -of -way and easements centered twenty (20) feet in width to construct, install, maintain, repair, replace and extend the water line(s) and sanitary sewer line(s) consisting of pipes and appurtenances thereto on, over, under and across the New Easement Area (the "Easement"); PROVIDED HOWEVER, that (i) all such water and sewer line facilities shall be installed underground except for such above -ground meter boxes, manholes and other accessories typically installed above -ground, and (ii) it is expressly understood and agreed that the Service Authority shall not be deemed to have accepted the conveyance set forth herein until such time as the same have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Service Authority. Upon request, the Grantors and/or its successors and assigns, shall promptly execute documentation of dedication that may be required by ACSA on the ACSA's standard agreement form for Dedication and as may be required for recordation among the land records for Albemarle County. Said ACSA forms provide, in part, that the Grantors give permission to ACSA, including its authorized agents and employees, to have access and to enter upon the property to inspect the water and sewer facilities whenever the ACSA deems necessary. All landowner obligations in such agreement shall become the obligations of the Grantors. The ACSA Agreement will provide that the Grantors are not obligated under the Agreement, except to provide the permitted and required access matters stated therein. Prior to acceptance of the utilities by ACSA, the Grantors agree to indemnify, defend and hold ACSA harmless from any liability, liens, loss or damage, including damages or injury to any person or to real or personal property, together with reasonable attorney's fees and related costs and expenses, arising out of, or resulting from the exercise of the easement rights granted herein, including any entry upon the Property by Grantors, its agents, employees, contractors, guests or invitees, arising in connection with the construction activities on this Easement. Prior to utility acceptance by ACSA, the Grantors, its successors and assigns, shall maintain in full force and effect liability insurance, in commercially reasonable amounts, covering damage to property and persons arising out of the exercise of the rights granted by the Easement until the same is turned over to the ACSA. Grantors shall have ACSA named as a certificate holder/additional insured on the Grantors' policy or insurance prior to the commencement of any construction activity within the easement. The Grantors, its successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or other improvements or construction shall not be placed within the easements conveyed herein. As a part of these easements, the ACSA shall have the right to enter upon the above described property within the easements for the purpose of constructing, installing, maintaining, repairing, replacing and extending the water line(s) and sanitary sewer line(s), and appurtenances within such easements, and the right of ingress and egress thereto as is reasonably necessary to construct, install, maintain, repair, replace and extend such water line(s) and sanitary 2 sewer line(s). If the ACSA decides in its sole discretion that it is unable reasonably 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 Grantors. Whenever it becomes necessary to excavate within any easement, the ACSA agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior excavation, including the restoration of such paved surfaces as may be damaged or disturbed as part of such excavation. 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 water line and sanitary sewer line installation, operation and maintenance. The ACSA shall have no responsibility to the Grantors, its 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 perpetual easements shall be the property of the Service Authority, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extension of its facilities within the boundaries of the permanent easement as are consistent with the purposes expressed herein. Grantors reserve the right to make use of the land subject to the rights granted, which use shall not be inconsistent with the rights hereby granted and conveyed. This conveyance is made subject to any easements, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title, which have not expired by time limitation contained therein or have otherwise become ineffective, and to matters viable upon inspection. [counterpart signature pages to follow] WITNESS the following signatures: GRANTORS: Brian J. McMahon Stephen K. Von Storch Commonwealth of Virginia City/County of to -wit: The foregoing instrument was acknowledged before me on this _ day of July, 2021, by Brian J. McMahon. My commission expires: Notary Public Commonwealth of Virginia City/County of to -wit: The foregoing instrument was acknowledged before me on this _ day of July, 2021, by Stephen K. Von Storch. My commission expires: 13 Notary Public GRANTEE: ALBEMARLE COUNTY SERVICE AUTHORITY Gary O'Connell, Executive Director Commonwealth of Virginia City/County of I to -wit: The foregoing instrument was acknowledged before me on this _ day of July, 2021, by Gary O'Connell, in his capacity as Executive Director of the Albemarle County Service Authority, a political subdivision of the Commonwealth of Virginia. My commission Notary Public "Exhibit A" [see attached] 4. 5. 6. 7. 8. 9. 10 NOTES THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY DONE ON 08-03-2018 USING MONUMENTS FOUND TO EXIST AT THE TIME OF THIS SURVEY. NO BOUNDARY SURVEY WAS PERFORMED ON THE SUBJECT PROPERTY. BOUNDARY CALLS SHOWN ARE FROM RECORD PLAT INFORMATION. THE AREA SHOWN HEREON IS LOCATED IN ZONE "X" AREA DETERMINED TO BE OUTSIDE 2% ANNUAL CHANCE FLOOD PLAIN AS SHOWN ON FEMA MAP NO 51003CO278D. THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS, NO ELEVATION STUDY HAS BEEN PERFORMED AS A PORTION OF THIS PROJECT. A WAS CEMETERY OBSERVED ON TMP 45-112E AS SHOWN ON SHEET 2. PARCELS DO NOT LIE WITHIN AN AGRICULTURAL / FORESTAL DISTRICT. SUBJECT PARCELS ARE LOCATED IN THE SOUTH FORK RIVANNA WATERSHED. PROPERTY DOES NOT FALL WITHIN A WATER SUPPLY PROTECTION AREA. SUBJECT PROPERTY DOES NOT LIE WITHIN THE DAM BREAK INUNDATION ZONE. ACSA SANITARY EASEMENTS ARE TO BE CENTERED ON AS -BUILT LOCATIONS. TMP 45-112E: OWNER OF RECORD: BRIAN J MCMAHON & STEPHEN K VON STORCH, SOURCE OF TITLE: DB 1453 PG 367 ZONING: HC (HIGHWAY COMMERCIAL), AIRPORT IMPACT ZONE, CONTAINS MANAGED STEEP SLOPES. PROFFERS:ZMA-2016-00009. STATEMENT OF CONSENT THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND KNOWN BY COUNTY RECORDS AS TAX MAP 45, PARCEL 112E,IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. BRIAN J. MCMAHON 1545 CERRO GORDO ROAD, SANTA FE, NM 87501 COMMONWEALTH OF VIRGINIA - CITY/COUNTY OF:___ TO WIT: THE FOREGOING BEFORE ME THIS ___ INSTRUMENT WAS ACKNOWLEDGED DAY OF _ 20__. SIGNATURE OF NOTARY PUBLIC REG. NO.: MY COMMISSION EXPIRES: 643 VICINITY SNAP SCALE: 1 "=2, 000' STATEMENT OF CONSENT THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND KNOWN BY COUNTY RECORDS AS TAX MAP 45, PARCEL 112E,IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. STEPHEN K. VON STORCH 1545 CERRO GORDO ROAD, SANTA FE, NM 87501 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF:___ TO WIT: THE FOREGOING BEFORE ME THIS ___ INSTRUMENT WAS ACKNOWLEDGED DAY OF _ 20__. SIGNATURE OF NOTARY PUBLIC REG. NO.: MY COMMISSION EXPIRES: U �j w�o g� o 0 a Om a' w (55 zwn z�2 F W o > U ¢ ::i ci <mw W w 2 � J U 14 Z 3rn a ON F¢Q O dl�li p 0 ¢ _= U¢ J U ¢ w �I� V 0 N i� N LL O- Z R m M a w �> W w w N ¢ Q x Qw ❑ow a w .. .. w a�U �QQ OF i�L D yy BRIAN D JAMISON a No. 3334 7-12-2_02�11 A. 19a� SU�� U LLI LU Q w (n H- Cn J p Z �_ a- J D QO QZ Q elf ~_ LU � LLJ LLJ LU Z H- -1 W X U Q < � U) L7 Q LU LU U 2 Go Q o Q SHEET: Vi OF 02 BOUNDARY CURVE TABLE Curve Length Radius Delta Tangent Chord Chord Bearing C1 265.06' 5705.52' 239'43" 132.56' 265.04' N 35'41'31" E C2 55.27' 5705.50' 0'33'18" 27.64' 55.27' N 37'57'30" E C3 254.36' 5693.50' 2'33'35" 127.20' 254.34' N 31'07'13" E S35'25'1 TMP 45-112G1 STRAKA FAMILY PROPERTIES, LLC DB 3463 PC 500 ZONING=C1 N35'25'13"E 67.50' �N54'34'47"W 29.00' C3 TMP 45-112C HG LAND, LLC DB 4687 PG 15 ZONING=C1 BERKMAR DRIVE EXISTING WATERLINE VARIABLE WIDTH R/W EASEMENT DB 1453 PG 367 S42'41'37"E 4'06'39"E C1 49.88' 29.76' 20' ACSA SANITARY I �\ XC2 SEWER EASEMENT APPROXIMATE DB 5232 PG 243 EXTENTS OFS88'55'30"W CEMETERY i 43.38'(TIE) C� Z �4 uol TMP 45-112E a d MCMAHON, BRIAN J. & 2 ^ STEPHEN K VON STORCH c:) DB 1453 PC 367 I 1 � J I -0 30' ARGINIA POWER EASEMENT DB 1538 PG 732� I S47'19'31"W TMP 45-112 WOOD, STUARD R. JR & MARGARET E. I DB 1453 PG 367 BOUNDARY LINE TABLE BOUNDARY LINE TABLE Line Direction Length Line Direction Length AD S 36'27'21" E 144.88' AE4 N 5533'16" W 71.83' AE2 S 55*33'16" E 70.73' AE5 N 36'27'21" W 127.80' AE3 S 40'53'34" W 20.13' AE6 N 07*54'18" E 28.61' 20' ACSA SANITARY ----- SEWER EASEMENT DB 4825 PG 147 S33'23'34"W 398.81' 20' PRIVATE SANITARY SEWER EASEMENT DB 4734 PG 458� TO BE DEDICATED TO ACSA 20' ACSA SANITARY SEWER EASEMENT DB 5232 PG 243 IF 0 244.74' S33'23'34"W IMP 45-112C KEGLERS OF CHARLOTTESVILLE DB 996 PG 198 NEW 20' ACSA SANITARY SEWER EASEMENT, CENTERED ON AS -BUILT LOCATION OF SEWER LINE 362 40' (SHADED AREA) N71'38'36"E 21.95'(TIE) r i 20' ACSA SANITARY SEWER EASEMENT' DB 5464 PG 559 .' ------------- 313.93' Ih —-------------- ---- OH O q I 20' ACSA SANITARY -SEWER EASEMENT DB 5232 PG 24- TMP 45-112B B PROPERTIES, LC DB 1723 PG 690 ZONING=HC S45'22'34"W 40.02' �0.at ' s Ov�sS V vA S iy N 0 W Of ZO'D <W> N 'Us 0 - W H J Vi Q W < w ww m a- a o m 3 Q m 111 ow m 0 Q co Q = 0 ¢ 330 J Z ¢ 3 Q w �1� V 0 Q N �A 'R N p w V O Z NW O 05; ~N m4 Q Q w 0_ W w ,L' w ZO o Q a) w rn 2F— = N N Y+i 0" mW a Z r O J F U0O N In N a SiU �QQ EDN a"& IY U LU W Q w C/) H Cn _j p Z a- J � QO QZ Q � elf H W 2E LJL J W W Z � -1 W X U Q < of U) (n < Q W W Cf)m Q OQ IY SHEET: VZ OF 02