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Home My WebLink AboutSUB200600414 Easements 2007-02-20 Instrument Control Number 002975 Commonwealth of Virginia Land Record Instruments lift OH 0IIIIIIIII I I III H I IIIIIIIIIIIIIIIIIID II Cover Sheet - Form A Doc ID: 003241270016 Type: DEE Recorded: 02/28/2007 at 03:25:44 PM Fee Amt: $46.00 Page 1 of 16 Albemarle County, VA [ILS VLR Cover Sheet Agent 1.0.66] Shelby Marshall Clerk Circuit Court . � File# 2007-00002975 T C Date of Instrument: [2/28/2007 ] el<3 3 7 4 PG4 2 2-4 3 7 A O Instrument Type: [DE-PL ] X R P E Number of Parcels [ 6] X Number of Pages [ 11] M City I I County I x I [Albemarle County ] (Box for Deed Stamp Only) p First and Second Grantors T _ Last Name First Name Middle Name or Initial Suffix [Hauser TR ][Robert ] [M ] [ ] ❑ [Desmond TR ] [John ] [G ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ❑ [The County of Albemarl ] [ ] [ ] [ ] ❑ ❑ [ ] [ ] [ ] [ ] Grantee Address (Name) [The County of Albemarle Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22901 ] Consideration[0.00 ] Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City County [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [Portion of 062F0-00-00-000F0 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ] [ ] [ ] Instrument Prepared by [Scott Kroner PLC ] Recording Paid for by [Scott Kroner PLC ] Return Recording to (Name) [Scott Kroner PLC ] (Address 1) [418 East Water Street ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22902 ] Customer Case ID [ ] [ ] [ ] 11:11.114!.11 Cover Sheet Page#1 of 4 , ; + II i Instrument Control Number 0 0 2 9 7 5 Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T GGC Date of Instrument: [2/28/2007 ] A R R 0 Instrument Type: [DE-PL XAAR N N P Number of Parcels [ 6] E T T X 0 E Number of Pages [ 11] E R E City I I County x [Albemarle County ] (Box for Deed Stamp Only) Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix n x ❑ [Belvedere Station Land ] [ ] [ ] [ U I [Bondstone Ventures Inc] [ ] [ ] [ nnn i I [ ] [ ] [ ] [ [ ] [ ] [ ] [ [ ] [ ] [ ] [ Prior Instr. Recorded at: City County [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [Portion of 062F0-00-00-000F1 Short Property Description [ ] [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [ Prior Instr. Recorded at: City I I County I [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [Portion of 062F0-00-00-000D1 Short Property Description [ ] [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [ r t ! r ' !I I Cover Sheet Page#2 of 4 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T GGC Date of Instrument: [2/28/2007 ] A RR 0 Instrument Type: [DE-PL XAAR N N P Number of Parcels [ 6] E T T X 0 E Number of Pages [ 11] E R E City County x [Albemarle County ] (Box for Deed Stamp Only) Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix [ ] [ ] [ ] [ [ ] [ ] [ ] [ [ ] [ ] [ ] [ [ ] [ ] [ ] [ u i i ] [ ] [ ] [ ] [ ] Prior Instr. Recorded at: City County I [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [Portion of 062F0-00-00-000D2 Short Property Description [ ] [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [ Prior Instr. Recorded at: City County [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ Parcel Identification No(PIN) [ J Tax Map Num. (if different than PIN) [Portion of 062F0-00-00-38200 Short Property Description [ ] [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [I 1 1{41I t� � Cover Sheet Page#3 of 4 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T GGC Date of Instrument: [2/28/2007 ] A R R 0 Instrument Type: [DE-PL X AAR N N P Number of Parcels [ 6] E T T X 0 E Number of Pages [ 11] E R E City County x [Albemarle County ] (Box for Deed Stamp Only) Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix [ ] [ ] [ ] [ l ❑ ❑ [ ] [ ] [ ] [ ] n I I [ ] [ ] [ ] [ [ ] [ ] [ ] [ Prior Instr. Recorded at: City I I County I I [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [Portion of 062F0-00-00-39500 Short Property Description [ ] [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [ Prior Instr. Recorded at: City County [ ] Percent. in this Juris. [ Book [ ] Page [ ] Instr. No [ Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [ Short Property Description [ ] [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [ I 5 Cover Sheet Page#4 of 4 TMP 062F0-00-00-000F0(portion),062F0-00-00-000F1 (portion),062F0-00-00-000D1 (portion), 062F0-00-00-000D2(portion),062F0-00-00-38200(portion),062F0-00-00-39500(portion) DEED OF EASEMENT THIS DEED OF EASEMENT is made and entered into this 20th day of February , 2007, by and between.ROBERT M. HAUSER AND JOHN G. DESMOND, TRUSTEES OF BELVEDERE STATION LAND TRUST,under Agreement dated July 8, 1999,BONDSTONE VENTURES, INC. (formerly ROBERT HAUSER HOMES, INC.), a Virginia corporation, hereinafter collectively referred to as Grantors, and THE COUNTY OF ALBEMARLE,VIRGINIA,a political subdivision of the Commonwealth of Virginia, whose address is 401 McIntire Road, Charlottesville, VA 22901, hereinafter referred to as Grantee. WITNESSETH: WHEREAS,the Grantors are the owners of that certain real property(hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as a "Revised 20' Drainage Easement To Be Dedicated To Public Use" (hereinafter, the "Drainage Easements") shown on the plat consisting of six sheets, entitled"Plat Showing Revised Drainage Easements on Phase 3A&3B Dunlora," made by Dominion Development Resources, LLC, dated October 26,2006,a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, a portion of the Property is owned by Bondstone Ventures, Inc. (formerly Robert Hauser Homes, Inc.), and is a portion of those certain lots or parcels of land situated in the Rio Magisterial District, Albemarle County, Virginia, conveyed to Robert Hauser Homes,Inc.by deed of Margaret P.Fowler,dated December 23, 1998,recorded in the Circuit Court Clerk's Office of Albemarle County, Virginia, in Deed Book 1776, Page 69, by deed of exchange with Valerie M. Shepherd and Carey Fowler Rubin, dated November 17, 1999, recorded in said Clerk's Office in Deed Book 1880, Page 102, and by deed of Robert M. Hauser and John G. Desmond, Trustees of Belvedere Station Land Trust under Agreement dated July 8, 1999, dated December 13, 1999,recorded in said Clerk's Office in Deed Book 1880,Page 108. The portion of the Property owned by Bondstone Ventures, Inc., is designated on sheet three of the Plat as"TMP 62F, Parcel D1, Phase 3A" and "TMP 62F, Parcel D2, Phase 3A," and is a portion of the parcels designated on Albemarle County Tax maps as TMP 062F0-00-00-000D1 and TMP 062F0-00-00- 000D2; and WHEREAS, a portion of the Property is owned by Robert M. Hauser and John G. Desmond, Trustees, and is a portion of those certain lots or parcels of land situated in the Rio Magisterial District, Albemarle County, Virginia, conveyed to Robert M. Hauser and John G. • This instrument was prepared by Scott I Kroner,PLC,418 East Water Street,Charlottesville,Virginia 22902. Desmond,Trustees of Belvedere Station Land Trust under Agreement dated July 8, 1999,by deed of Belvedere,L.L.C.dated July 8, 1999,recorded in said Clerk's Office in Deed Book 1836,Page 184, and more particularly shown on sheets five, six, and seven of that certain plat entitled "Phase 3B Rivercrest Dunlora," made by B. Aubrey Huffman and Associates, Ltd., dated January 1, 2002, revised May 14, 2002, and recorded in said Clerk's Office at Deed Book 2215, Page 461. The portion of the Property owned by Robert M. Hauser and John G. Desmond,Trustees, is designated on sheets three and four of the Plat as"TMP 62F, Parcel F,Phase 3B"and"TMP 62F,Parcel OF-1, Phase 3B, Reserved Area 1.619 Acres," and designated on Albemarle County Tax maps as TMP 062F0-00-00-000F0 and TMP 062F0-00-00-000F1; and WHEREAS, it is the desire and intent of the Grantors to dedicate,grant and convey the Drainage Easements for public use in accordance with this Deed of Easement; and WHEREAS,it is the desire and intent of the Grantors to dedicate,grant and convey all rights,title and interest in all existing stormwater management facilities,ditches,pipes and other improvements and appurtenances within the Drainage Easements established for the purpose of conveying stormwater(hereinafter collectively referred to as the"Improvements,"whether referring to existing Improvements or those to be established in the future by the Grantee). NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee,its successors and assigns, perpetual easements as shown on the Plat and as referred to herein as the Drainage Easements. FURTHER, pursuant to the consideration described herein, the Grantors hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Drainage Easements shall be subject to the following: 1. Right to construct,reconstruct,install,maintain,repair,change,alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting,maintaining and operating"or derivations thereof)for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Drainage Easements, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantors adjacent to the Drainage Easements between any public or private roads and the Drainage Easement, to inspect, maintain and operate the 2 Improvements. 4. Right to inspect,maintain and operate the Improvements. The Grantee may enter the Drainage Easements 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 Drainage Easements to trim, cut or remove any trees, brush or shrubbery,remove fences, structures or other obstructions,and take other similar action reasonably necessary to provide adequate and fully 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 of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Drainage Easements that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures,trees, or other facilities located within the Drainage Easements,but be required only to repair or replace groundcover within the Drainage Easements that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition,the Grantee shall remove from the Drainage Easements all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing,the Grantee shall not be required to repair or replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition,neither the Grantee nor any other public agency,including the Virginia Department of Transportation shall be responsible for conducting routine maintenance as described in paragraph 6 except as expressly provided in this paragraph. 6. Temporary construction easement. The Grantee shall have a temporary construction easement on the lots on which the Drainage Easements are located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. These temporary construction easements shall expire upon completion of the work. 7. Exclusivity;restrictions. The Drainage Easements conveyed herein is an exclusive easement. Neither the Grantors nor any person acting under the Grantors'express or implied consent shall modify,alter,reconstruct,interfere with,disturb or otherwise change in any way the land within the Drainage Easements or any Improvement located within the Drainage Easements; and further provided that such persons shall not construct or maintain any roadway,or erect any building,fence, retaining wall or other structure within the Drainage Easements. 8. Right of Grantor to maintain the Easement premises. The Grantors shall have the right to perform routine maintenance of the Drainage Easement premises,including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantors that are not inconsistent with the rights herein conveyed,and which do not adversely affect the proper operation of any Improvement. The right to maintain the Drainage Easement premises does not include the right to maintain the Improvements. 3 9. Grantee's right to assign. The Grantee shall have the right to assign these Easements as its interests may require. 10. Binding effect. The Drainage Easements and the rights and obligations established herein shall run with the land in perpetuity,and shall be binding upon the Grantors,the Grantee,and their successors and assigns. All references herein to the"Grantors"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. FURTHER,the Grantors hereby vacate several portions of the existing 20' drainage easement,as shown on the previously recorded plat entitled"Phase 3B Rivercrest Dunlora,"made by B.Aubrey Huffman and Associates,Ltd.,dated January 1,2002,revised May 14,2002,and recorded in said Clerk's Office at Deed Book 2215,Page 461,to the extent the existing 20'drainage easement previously granted and conveyed is inconsistent with the revised 20' drainage easement hereby granted and conveyed. Specifically, the Grantors hereby vacate those portions of the existing 20' drainage easement shown as "To Be Abandoned" on sheets three, four, and five of the Plat, said portions having crossed or bordered those certain lots or parcels of land designated as"Open Space 2.258 acres Tax Map 62F Parcel F," Lot 395, Lot 382, "Open Space 1.627 Acres Tax Map 62F Parcel OF,"and"Tax Map 62F Parcel OF-1 Phase 3B Reserved Area 1.619 Acres"on the Plat. 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 the conveyance of this property pursuant to Virginia Code § 15.2-1803, and agrees to vacate those easements shown on the Plat as "To Be Abandoned," as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures and seals: GRANTORS: ROBERT M.HAUSER AND JOHN G.DESMOND, TRUSTEES OF BELVEDE STATION LAND TRUST B, . 44° / (SEAL) Jo G. Desmond, Sole Acting Trustee BONDSTONE VENTURES,I Bycibq dam_ Y� (SEAL) . Desmond, Vice President GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA 4 By obe W. Tucker, Jr. Co ty Execu • e Approved t form: Co rr}e C MMONWEALTH OF VIRGINIA CITY/COUNTY OF R\,\iet ck.e. •• The foregoing instrument was acknowledged before me this a day of Fe bra f ,2007 by John G. Desmond, Sole Acting Trustee, on behalf of ROBERT M.HAUSER AND JOHN G.DESMOND,TRUSTEES OF BELVEDERE STATION LAND TRUST, Grantor. 1O.a Q Notary Public My Commission Expires: 1- \ (b COMMONWEALTH OF VIRGINIA CITY/COUNTY OF P`Noece(c • The foregoing instrument was acknowledged before me this a0 day of cocj( cL\ , 2007 by John G. Desmond, Vice President, on behalf of Bondstone Ventures, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: I - 1 -a010 COMMONWEALTH OF VIRGINIA —COUNTY OF L— : The foregoing instrument was acknowledged before me this aim day of , 2001i by Robert W. Tucker, Jr., County Executive, on behalf of the County of Alb marle, Virginia, Grantee. 4. de-,&, -"- Notary Public My Commission Expires: 3D, -o I 5