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Home My WebLink AboutSUB202000229 Agreements 2021-09-20This document was prepared by: Peter J. Caramanis (VSB No. 43447) Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 Tax Map Parcel: 05600-00-00-057B3 Consideration: n/a This Deed provided without the benefit of title insurance. DEED OF EASEMENT THIS DEED OF EASEMENT is made thi?-015�day of 50 t R cv 2021, by and between STANLEY MARTIN HOMES, LLC, a Delaware limited liability company, successor by name change to STANLEY MARTIN COMPANIES, LLC , a Maryland limited liability company, "Grantor," and GLENBROOK PARKSIDE VILLAS OWNERS ASSOCIATION, INC., a Virginia nonstock corporation, whose address is P.O. Box 1467, Charlottesville, VA, 22902, "Grantee." WITNESS: WHEREAS, Grantor is the owner of that real property located in the County of Albemarle, Virginia consisting of 5.852 acres and identified as Tax Map parcel 56-57B3 (the "Property") as shown on the plat prepared by Roudabush, Gale & Assoc., Inc., entitled "Plat Showing Various New Easements on Tax Map 56, Parcel 57B3 in Association with Future Foothill Crossing, Phase V Subdivision," dated December 21, 2020, and last revised July 23, 2021 (the "Plat' attached hereto and recorded herewith; WHEREAS, the Property is intended for future subdivision known as Glenbrook at Foothill Crossing, Phase V (the "Subdivision'); and WHEREAS, it is the desire and intent of the Grantor to grant to the Grantee certain easements for the purposes of access, sidewalks, landscaping, retaining walls, and associated maintenance over Property as shown on the Plat, and Grantee desires to accept such easements subject to the terms set forth herein. 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 and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, the following easements (the "Easements") shown and described on the Plat as follows: • New 8' Private Access Easement and New Var. Width Private Access Easement and New 20' Emergency Access Road And Bike & Pedestrian Path Easement (the "Access Easement") • New Var. Width Private Retaining Wall Maintenance Easement (the "Retaining Wall Easement") • 6' Private Landscaping & Maintenance Easement (the "Landscaping Easement") • New 49' & Var. Width Right -of -Way Easement and New Var. Width Right -of -Way Easement (collectively, the "Right -of -Way Easement") The Easements shall be subject to the following: Within the Access Easement, Grantee shall have the right to do such land work as may be necessary to preserve and maintain access from the Right -of -Way Easement to future common areas and to the Retaining Wall Easement. This right shall include, without limitation, the right to clear vegetation and to install such surface as may be necessary or advisable to facilitate such access. Within the Retaining Wall Easement, the Grantee shall have the right to construct retaining walls and the obligation to maintain the same in good functional and aesthetic condition. This right includes the right to install and maintain any associated landscaping it may deem appropriate or advisable in its sole discretion in connection with the same. Within the Landscaping Easement, the Grantee shall have the right to construct and maintain sidewalks and to plant or remove vegetation, shrubbery, trees, plants and other landscaping, from time to time at its sole discretion, for the purpose, in its determination, of creating aesthetically pleasing landscaped areas and buffers for the Subdivision. Grantee may also install and maintain public and private utilities within the Landscaping Easement to serve the Subdivision. Within the Right -of -Way easement, Grantee shall have the right to construct and maintain roads for vehicular access to lots within the Subdivision. To the extent the roads within the Right -of -Way Easement remain private roads, they shall be maintained by the Grantee. Grantor or Grantee may dedicate the Right -of -Way Easement as a public road. The Easements and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. 2 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 obligation herein, includes the Grantee's officers, employees and agents. WITNESS the following duly -authorized signatures and seals. 1" 17_11 1-011; STANLEY MARTIN HOMES, LLC a Delaware limjted liability company 0 Name: Title: �lcce COMMONWEALTH F VIRGINA CITY/COUNTY OF /4b8d a ry The foregoing instrument was acknowledged befigre me thi Z6f—(`day of i Pil , 2021, by ,%✓'e W V W , �) b, as VP ✓'' LAAu of Stanley Martin Homes, LL , Grantor. My Commission Expires::✓�Iz Registration number: 71-7 31 G O Notap P lic Gregory Patrick ODonnell NOTARY PUBLIC Commonwealth of Virginia Reg. # 7773760 My Commission Expires March 31, 2022 3 GRANTEE: GLENBROOK PARKSIDE VILLAS OWNERS ASSOCIATION, INC., a Virginia non -stock cog By: / \,- Name: Title: �4 COMMONWEALTH F IRGINI TY CITY/CQUNOF hew6y -° The foregoing instw ent was acknowledged bef9re me this.?C:&day of� 2021, by 7el� (A), 'iW to L-- as blrecW of Glenbrook Parkside Villas Owners Ass ciation, Inc., on its behalf, Grantee. My Commission Expires: 3 3( 20ZL Registration number: -7-7% 3-7 & Gregory Patrick ODonnell NOTARY PUBLIC Commonwealth of Virginia Reg. # 7773760 Eommission Expires March 31, 2022 S EXHIBIT A (Plat prepared by Roudabush, Gale & Assoc., Inc., entitled "Plat Showing Various New Easements on Tax Map 56, Parcel 57133 in Association with Future Foothill Crossing, Phase V Subdivision," dated December 21, 2020, and last revised July 23, 2021)