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Home My WebLink AboutSUB199900205 Correspondence 1999-09-23 • PREPARED dr: MCCALLUM & KUDRAVCTZ, P.C. THIS DEED dated this day of September, 1999, by and between WHITE HOUSE MOTEL, L.L.C. , a Virginia limited liability company, the Grantor; and VASSALOS, L.L.C. , a Virginia limited liability company, the Grantee, whose address is 648 Kearsarge Circle, Charlottesville, VA 22903 ; W I T N E S S E T H : FOR AND IN CONSIDERATION of the sum of FIVE HUNDRED EIGHTY THOUSAND AND NO/100 DOLLARS ($580, 000.00) , cash in hand paid, receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL, and CONVEY with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto Vassalos, L.L. C. , a Virginia limited liability company, the following described property: All that certain tract or parcel of land, situated in Albemarle County, Virginia, with the improvements thereon and the appurtenances thereto belonging, fronting on the north side of U.S. Rt. 250 East, shown and described as Lot A, containing 0. 987 acres, more or less (the "Property") , on a plat of B. Aubrey Huffman & Associates, Ltd. , dated August 13 , 1999 , captioned "Physical survey Showing Redivision of Parcels 10 and 57B as shown on Tax Map 78 , Albemarle County, Virginia (the "Plat") , attached hereto and recorded herewith; BEING a portion of the property conveyed to White House Motel, L.L.C. , by deed of Hurt Investment Company, a Virginia corporation, dated July 16, 1998, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1726, page 356. The Grantor does hereby reserve, unless terminated as hereinafter provided, over, through and across a portion of the Property, for the benefit of the residue of the Grantor' s adjacent land designated as Albemarle County Tax Map 78 , Parcel 10 1 ("Grantor's Adjacent Land") , a perpetual non-exclusive access easement for ingress and egress to and from U. S. Route 250 over that portion of the Property included within the cross-hatched area shown on Sheet 2 of the Plat as "Joint Ingress & Egress Easement" . The approximate location and dimensions of this access easement are as shown on the Plat. Unless terminated or modified as hereinafter provided, the Grantor does hereby grant and convey unto the Grantee, for the benefit of the Property, a perpetual non-exclusive access easement. for ingress and egress to and from U. S. Route 250 over that portion of Grantor's Adjacent Land included within the cross- hatched area shown on Sheet 2 of the Plat as "Joint Ingress & Egress Easement" . The approximate location and dimensions of this access easement are as shown on the Plat. The cost of construction, repair, maintenance, upkeep and improvement Pr ra2lacement of the "Joint Ingress & Egress Easement" will not be borne by the county of Albemarle, the Commonwealth of Virginia or any public agency. The Grantor, its successors and assigns, shall be responsible for the costs of repair, maintenance and upkeep of the private driveway located within the "Joint Ingress & Egress Easement" described above. The "Joint Ingress & Egress Easement" shall terminate and be extinguished as follows: (a) upon issuance by Albemarle County of a certificate of occupancy for new improvements to be constructed on the Property pursuant to an approved site plan for Grantee' s redevelopment of the Property; (b) after two years from the 2 recordation of this Deed, by Grantee at its option upon 60 days ' prior written notice to Grantor; or (c) in the event Grantor constructs a new entrance on U. S. Route 250 and new access road ("New Access Road") on Grantor's Adjacent Land along and parallel to the southeastern boundary line of the Property. In the even the New Access Road is not dedicated as a public road, the Property shall have a perpetual non-exclusive access easement over the New Access Road, which easement shall be deemed to replace and supercede the "Joint Ingress & Egress Easement" granted above. Grantor reserves the right at any time to dedicate the New Access Road to public use. If the New Access Road is dedicated by Grantor as a public road, then upon such dedication, the "Joint Ingress & Egress Easement" described above shall be deemed terminated and extinguished in all respects. These provisions shall run with the land and shall be binding upon any and all parties who have, or shall acquire, any right, title or interest in the Property or Grantor' s Adjacent Land, and shall inure to the benefit of each such owner. The Grantor does hereby further reserve over, through and across that portion of the Property along the southeastern boundary line thereof extending from the point of intersection of the Property with U. S. Route 250 along and parallel to said boundary line to the southeastern corner at the rear of the Property for the benefit of the Grantor's Adjacent Land a temporary construction easement fifteen feet (15 ' ) wide for the purposes of construction of the New Access Road referenced above, such temporary 3 construction easement to terminate upon completion of final construction of said road. The Grantor does hereby further reserve over, through and across a portion of the Property a perpetual, non-exclusive access easement designated and shown on Sheet 2 of the Plat as the "24 ' Access. Ease. " . Such easement shall be for the benefit of the Grantor' s Adjacent Land, and for the benefit of such other tracts adjoining Grantor' s Adjacent Land which are subsequently granted such right by Grantor, or its successors and assigns, in an instrument of record. The approximate location and dimensions of the 24 ' Access Easement are as shown on the Plat. Such easement shall include the right to construct, reconstruct, improve, repair and maintain the 24 ' Access Easement and any private road to be located within such easement. The Grantor does further reserve over, through and across a portion of the Property, for the benefit of the Grantor's Adjacent Land, a perpetual sanitary sewer line easement twenty feet (20 ' ) wide, being ten feet (10 ' ) on either side of the sanitary sewer line once it is installed, the location and dimensions of which are more particularly shown on the Plat as the "Proposed 20 ' Sanitary Sewer Easement" . Such easement shall include the right of reasonable access for the purposes of construction, reconstruction, improvement, repair and maintenance of the sewer line and structures (including pipes, manholes and appurtenances) related thereto located within the easement area_ Upon acceptance of said sanitary sewer line and appurtenances by the Albemarle County 4 Service Authority (ACSA) , Grantee agrees to execute any further documents requested by ACSA to confirm the terms of said easement. This conveyance is also subject to all easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other recorded instruments, if any, constituting constructive notice in the chain of title to the Property, which have not expired by a limitation of time contained therein or have not otherwise become ineffective, there being no intent by this deed to reimpose any such easement, condition, restriction or reservation. IN WITNESS WHEREOF, WHITE HOUSE MOTEL, L.L. C. , a Virginia limited liability company, has caused this instrument to be executed on its behalf by its duly authorized manager. WHITE HOUSE MOTEL, L.L.C. By: Charles Wm. Hurt, Manager STATE OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of September, 1999, by Charles Wm. Hurt, as Manager of White House Motel, L.L.C. , a Virginia limited liability company, on its behalf. My commission expires: Notary Public C:\WPDATA\HURT\CURR.MAT\1140.dd.wpd 5-9/23/99 5 TOTAL P.':26