HomeMy WebLinkAboutSDP202100029 Other 2021-08-21GOOK 6 5 0 PACEO 5 5 7 b U U U
DECLARATION OF CROSS EASEMENTS
THIS DECLARATION OF CROSS -EASEMENTS is made this 1st day
of August, 1985, by and between IVY LAND COMPANY, a Virginia
Corporation, ROBERT J. BRESSAN and PHYLLIS B. BRESSAN, husband
and wife, CHARLES W. HURT and CATHERINE KIRTLEY HURT, husband and
wife, and RIVERBEND LIMITED PARTNERSHIP, a Virginia limited part-
nership, whose mailing address is Post Office Box 5526,
Charlottesville, Virginia, 22905-0526, (collectively, "The
Parties"). (
W I T N E S S E T H:
1. Factual Background.
1.1 Riverbend Limited Partnership ("Riverbend") is the
owner of Lot "A" (comprising 2.8724 acres), Parcel "X..
(comprising 1.6412 acres), Lot "B" (comprising 5.5100 acres),
T. M. 78, Par. 17G (comprising 5.2594 acres) and T. M. 78, Par.
17D (comprising acres); Ivy Land Company is the owner of
T. M. 78, Par. 17A (comprising acres); Robert J. Bressan
and Phyllis B. Bressan are the owners of T. M. 78, Parcel 15C-1,
(comprising 4.3 acres, more or less); all as shown on the
attached plat dated July 18, 1985, made by Huffman and
Associates, Ltd. (all and each of which Parcels and Lots are
sometimes referred to herein as the "Parcels"). Charles Wm. Hurt
is the optionee of a portion of T. M. 78, Parcel 15C-1. Certain
of the Parcels are being developed as an integrated shopping
center known as "Pantops Shopping Center."
1.2. It is contemplated that, in the future, one or
more of the Parcels may be conveyed to one or more other persons
(the "Other Owner"). In such event, free and unfetteredaccess
for ingress and egress, and utility lines, between and among the
various Parcels comprising Pantops Shopping Center must be
established, maintained and preserved.
1.3 The Parties have agreed to establish for the bene-
fit of the Parcels, Pantops Shopping Center, the owners thereof,
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and their tenants, employees and. customers, certain easements of
ingress and .egress, cross -parking and utilities.
NOW, THEREFORE, there are hereby created, declared,
established and reserved in, over, under, between and among the
aforedescribed Parcels, the following easements and rights -of -
way, which shall run with the land for the benefit of the Parties
hereto, their successors and assigns, for the benefit of Insured
Income Properties 1984, a Delaware Corporation, owner of the
parcel demoninated "Burger King" on said plat and any other
Owner, and for the tenants, employees and customers thereof:
2. Ingress and Egress and Cross -Parking Easements.
2.1. A perpetual, non-exclusive easement for ingress and
egress for pedestrian and vehicular traffic and for parking in
areas designated (and to be designated and redesignated, from
time to time, by Riverbend, its successors and assigns) upon the
Parcels.
3. Utility Easements.
3.1 Easements and rights -of -way for the creation,
construction, maintenance, repair and replacement of utilities
such as gas, telephone, water, sewer, electricity, storm drains,
,
publis, quasi -public and private, as well as for any public,
quasi -public or private utility or function necessary or expe-
dient for the public health, safety and welfare. Such easements
and rights -of -way shall be located so as to not interfere
unreasonably with the uses of the parcels by the respective
owners thereof, their successors, assigns, tenants, employees and
customers.
4. Miscellaneous.
4.1 The Parties hereto, on behalf of themselves, their
successors and assigns, covenant and agree that they (and any
other Owner, by becoming an Other Owner, agree that it) will
grant such further and other easements and assurances as may be
necessary to effectuate the purposes hereof.
By their signatures, the trustees under a certain deed
of trust conveying the interest of certain of the parties in the
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11
401K 0 5 0 PACE() 5 5 9
parcels shown on the attached plat, join in this Declaration of
Cross-Easomehts to signify their assent thereto;
IN WITNESS WHEREOF, the Parties have caused this
Declaration of Cross -Easements to be executed as of the day and
year first above written:
r
RIVERBEND LIMITED PARTNERSHIP
BY: GREAT EASTERN MANAGEMENT
COMPANY, INC., General Partner
By
An,
General Partner
IVY LAND COMPANY
Itss
SEAL)
SEAL)
(SEAL)
CHA'KtES Wm. HURT _
SY � "T-'(SEAL)
EY77
/ (SEAL)
Truste
nn / ) rr!!_
ORBIN F. CARTER, Trustee
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
�.L The foregoing instrument was acknowledged-bfef_o/re me this
day of , 1985, by �OltA.iC�J .VYQ�V4fi(�-,
BUK 8 5 0 PAGED 5 6 0
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of Great Eastern Management Company,
Inc., General -Partner of Riverbend Limited Partnership, on behalf
of said Partnership.
My commission expires; Uy�v
Notary ublic
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing
r� instrument was acknowledged before me this
ULC
day of s6r4 - , 1985, by Charles Wm. Hurt,
General Partner of Riverbend Limited Partnership, on behalf of
said Partnership.
My commission expires.
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing instrument was acknowledged before me this
R day of �"o_�� 1985, by��1c,�E7
0 1
of Ivy Lana Company, on behalf of said
Company.
My commission expires: V Uw -7.
( LnS4�' l" . L� •
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing instrument was acknowledged before me this
day . of ,. `husband
y,.,. 6-h , 1985, Robert J. Bressan and
Phyllis B. Bressan,� huusbbandand wife. O
My commission expires:_
Notary Public
y
BOOK 8 5 0 PAOEO 5 16 1
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing instrument was acknowledged before me this
_ day of , 19B5, Charles W. Hurt and
Catherine Kirtley Hurt, husband and. wife.
My commission expires:
LI ✓/S MtLz (�/a.Lp
Notary PublicO
OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
Co The foregoing instrument was acknowledged before me this
T
day of :la..,1985, Henry W. Maclin, Trustee.
My commission expires: �j. 4.L..[.. 7, M6
�hns�iwc �, L�ILo�LL�n.,�
Notary,Publi
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing instrument was acknowledged before me this
8 day of Au-g.,..a'r , 1985, by Orbin F. Carter,
Trustee.
My commission expires: JLcr.L_. �Z /
[ 1
Notary Public
101
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BOOK 6 5 0 PACE0 5 6 3
VIRCINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE :
THIS DEED WAS
PRESEINTED,.AND WITH CERTIFICATE ANNEXED', ADMITTED
1 TO RECORD ON „�P�.I 4 19 �'-j aC H �1-O'CLOCK T M
STATE TAX
LOCAL TAX
TRANSFER FEE TESTE: SHELBY J. MARSHALL, CLERK
CLERK'S FEE PLAT R /� CJk
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