The URL can be used to link to this page

Home My WebLink AboutSUB202000009 Easements 2020-10-22202000016528.001 Instrument Control Number - -------- - -- -- - — - -___ RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG Commonwealth of Virginia QLE8K OF CiRCI]IT COURT Land Record Instruments FILED Nov 16, 2020 Cover Sheet - Form A T 02:16 Prn 05427 [ILS VLR Cover Sheet Agent 1.0.66] START PAGE 0181 END PAGE 0194 T C Date of Instrument: [10/1/2020 ] INST # 202000016528 A O X R Instrument Type: [DOD-PL ] TOTAL NUM PAGES 0014 P E Number of Parcels [ 11 MFB E Pages Number of 9 [ 61 -- ] (Box for Deed Stamp Only) M City ❑ County ® [Albemarle County P T Second 9rant Last Name First Name Middle Name or Initial Suffix [HIGHLIFE TOWNHOMES],[ ] [ ] [ ] Name First Name Middle Name or Initial Suffix ®❑Last [COUNTY OF ALBEMAR ] [ ] [ ] [ ] Grantee Address (Name) [COUNTY OF ALBEMARLE, VIRGINIA 1 (Address 1) [401 MCINTIRE ROAD ] (Address 2) [ ] (City, State, Zip) [CHARLOTTESVILLE ] [VA ] 122902 1 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 1 Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. Book [4522 ] Page Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, State, Zip) Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case 10 Cover Sheet Page # 1 of 1 (220 ] Instr. No [ [046134-00-00-00700 [04664-00-00-00700 ["NEW 20" PUBLIC DRAINAGE EASEMENT [ [ [ALBEMARLE COUNTYATTORNEY [TUCKER GRIFFIN BARNS PC [TUCKER GRIFFIN BARNES, PC [ATTN: SARAH [307 WEST RIO ROAD [CHARLOTTESVILLE ] [VA ] [22901 [ 1 [ 1[ 202000016528.002 This document %xas prepared by: Albemarle Count% Atturnec C'ountc of Albemarle 401 A4tlnrirc Road Charlott"villc, Virginia 22902 Parcel 11.) NumM:r(s r 046114.00-00.00700 This deed is exempt from taxation under I rginia Code § 58.1-8I I(A)(_) and 1him Clerk's Ices under I irginia Cnde $ 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT. dated this1}day of October. ?020, is by and between HIGHLIFE TOWNHOMES, INC. a Virginia corporation, Grantor. and the COUNTY OF ALBENIARLF., VIRGINIA, a political subdivision of the Commonwealth of Virginia. Grantee. WITNESS: WHEREAS. the Grantor is the owner ofthat certain real property located in Albemarle Count., Virginia, more particularly described as lbllows: -chat certain real properly shown and designated as "New 20' Public Drainage Easement`" (hereinafter. the -`Easement'-). shown on the plat of Rotrdabusll. Gale cC Associates. Inc., dated November 25, 2019. last revised August 4. 2020. entitled Easement Plat. Timberwood Square. Tax Wrap 46134. Parcels 7. 7A, 713 d. 7C. Rivanna District, Albemarle County. Virginia" (hereinafter. the "Plate), a copy of which is attached hereto and recorded herewith. Reference is made to the plat for a more particular description of the casement conveyed herein. WHEREAS. the Easement is described Ittrthcr as a portion ofthat certain lot or parcel of land Situated in the Rivanna Nlagistcrial District of the County of Albemarle. Virginia, designated as Parcels 04664-0000-00700 (hereinafter. the "Property-) conveyed to the Grantor herein by deed recorded in said Clerk's Office in Deed Rook 4522. page 220; and WHEREAS. it is the desire and intent ofthe Grantor to dedicate. Brant and convey the Easement for public use in accordance with this Deed of Dedication and Easement: and WHEREAS. it is the desire and intent of the Grantor to dedicate, grant and convey all rights. title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose ofconveyins, stormwater (hereinafter collectively referred to as the" Improvements," whether rcferrim- to existin Improvements or those to be established in the fufure by the Grantee). excluding building connection lines. 202000016528.003 NOW, THEREFORE. in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration. the receipt of which is hereby acknowledged. the Grantor does hereby GRANT, CON V EY. and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns. a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER; pursuant to the consideration described herein, the Grantor does hereby GRANT; CONVEY. and DEDICATE to public use the Improvements. The Easement shall be suhjcct to the Ibllowing: r I. Richt to construct. reconstruct, install. maintain, repair. chance. alter and replace the `1 Improvements. The Grantee shall have the right to construct. reconstruct. install. maintain. repair, change, after. and replace present or future Improvemems (hereinafter referred to as "inspecting, maintaining and operating" or derivations thercol) for the purposes of'collectinL storm water and transmitting it through and across the Subdivision. protecting property from flooding, protecting water quality. and otherwise controlling stormwater runoff. ?. Ownership ofthe Improvements. All Improvements within the Easement. whether they were installed by the Grantee or any predecessor in interest. shall he and remain the property of the Grantee. 3. RiLlit of ingress and egress. The Grantee shall have the right and easement of ingress and egress over amp lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect. maintain and operate the Improvements. The Grantee may enter the Easement to inspect. maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim. cut or remove any trees. brush or shrubherv. remove fences. structures or other obstructions. and take other similar action reasonably necessary to provide adequate and full functioning Improvements: provided, however, that the Grantee. at its own expense. shall restore as nearly as possible. the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement offences and shrubbery, the re -seeding or re -sodding of lawns or pasture areas. and the repair or replacement of structures and other facilities located outside ofthe Easement that were damaged or destroyed by the 202000016528.004 Grantee. However..the Grantee shall not be required to repair or replace any structures. trees. or other facilities located within the Easement. but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any ol'the Improvements. In addition, the Grantee shall remove Front the Easement all trash and other debris resulting lion the installation. maintenance or operation of an Improvement, and shall restore the surface thereofto its orieinal condition as nearly as reasonably possible. Notwithstanding the lbregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee not any other public agency. including the Virginia Department of* Tmnsportation. shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right ol'Grantor to maintain the Easement premises. The Grantor shall have the right to perlbrnt routine maintenance of the Easement premises. including the removal of'trash and landscaping debris, mowing and manicuring lawns and groundcover. and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation ol'any Improvement.'rhe right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction casement. "rhe Grantee shall have a temporary construction easement on and across the Property in order to construct.. install. maintain. repair, change. alter. or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity: restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall moditi•, alter, reconstruct. interfere with. disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and such persons shall not construct or maintain any roadway. or erect any building, fence, retaining wall or other structure within the Basement. q. Grantee's right to assign. The Grantee shall have the right to assign this Easement as Its interests may require. 202000016528.005 10. Binding effect. The Easement and the rights and obliations established herein shall run with the land in perpetuity. and shall be hinding upon the Grantor. the Grantee. and their successors and assigns. All references herein to the "Grantor' and the "Grantee" include their respective successors and assigns. All references to the "Grantee.' when exercising any right or oblitzation herein. includes the Grantees officers.. employees and agents. The Grantee. acting by and through its County Executive. duly authorized by resolution adopted by the Board of'Supervisors of the County of Albemarle, Virginia. accepts this conveyance pursuant to Vii-ginin Co& § 15.2-1803. as evidenced by the County f]xeCU(iVe'S signature hereto and the recordation of this Deed. WITNESS the Inllowine, signatures. SIGNATURES BEGIN ON Ti-IE FOLLOWING PAGE 4 202000016528.006 GRANTOR: COikliMON\VEALTH OF VIRGINIA Ett'P-COUNTY 01 AmelXY1Q,(..12. HIGHLIFE TOWNHOMES, INC. By: —WIC J'. \Villiam D. Tucker, III President fhe foregoing instrumct t was acknowledged hetbre me this day of Q�ogQ,A), 'j0W h\°j�j_D<,rantor. My Commission Expires t0'3112a22 Registration number: l{.s4s--1 1 • — SIGNATURES CONTINUI_ ON TI-W ,,�Ne.ne�eere ems: Cp -0,� :r o :, �o3x2R2Ss�o� ::o 202000016528.007 GRANTEE: COUNfnjC)F A1,11EMARLF.,, VIRGINIA By'. E3. Richard Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The firrcpoin,_ instrument was acknowledged before n1c thiso'12,4ay of O VJ-u_r —. 2Mby Jeffrey 14. Richardson. Count\,Executive, on behall of the County of Albemarle. Virennia. Grantee. Vl012 v Publie My Commission Expires:OL�131_1 aoa3 CHERYL L. SKEEN glstraton nlllilher: 11 ��22--�� NOTARY PUBLIC Re �_I SOs REGISTRATION#7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2023 Approved as to firm: _ 2zc�o�•.cl_.�v1.v Count; 4ut rnev Date 202000016528.014 INSTRUMENT # 202000016528 RECORDED ALaFMARLE CO . CIRCUIT IT 6URT p CLERICS OMCE 162020 JON R. ZUG. CLERK by MEB BOOK 05427 PAGE 0161 - 00194