HomeMy WebLinkAboutSUB202100077 Other 2022-01-10Prepared by and Return to:
Peter J. Caramanis (VSB No. 43447)
Royer Caramanis PLC
200-C Garrett St.
Charlottesville, VA 22902
Tax Map Parcel: 09000-00-00-03100
Consideration: n/a
DEED OF EASEMENT AND DEDICATION
THIS DEED OF EASEMENT AND DEDICATION is made and entered into this
_ day of , 2021, by and between GREENWOOD HOMES - CHARLOTTESVILLE,
LLC, a Virginia limited liability company ("Greenwood" or "Grantor"), and ALBEMARLE
COUNTY SERVICE AUTHORITY, a political subdivision of the Commonwealth of Virginia
("ACSA" or "Grantee"), whose address is 168 Spotnap Road, Charlottesville, VA 22911.
WHEREAS, Greenwood is the owner of that certain parcel of land known as Albemarle
County Tax Map Parcel 05500-00-00-077A1 (the "Property") pursuant to that deed recorded in
the Circuit Court Clerk's Office of Albemarle County in Deed Book 5489, page 533, more
particularly shown on that plat prepared by Roudabush, Gale & Assoc., Inc., entitled "Plat
Showing Subdivision of Jarmans Gap Development Tax Map 55, Parcel 77A1," dated April 16,
2021, and last revised November 2, 2021, and recorded in the Circuit Court Clerk's Office of
Albemarle County in Deed Book . page (the "Plat"); and
WHEREAS, the parties hereto desire to establish certain sanitary sewer and waterline
easements as set forth herein.
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NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
does hereby GRANT AND CONVEY unto ACSA, its successors and assigns, with GENERAL
WARRANTY and ENGLISH COVENANTS of TITLE, perpetual rights of way and easements to
construct, install, maintain, repair, replace, and extend sanitary sewer and water lines consisting of
pipes and appurtenances thereto, in those areas shown and labeled on the Plat as "New 20' ACSA
Public Sanitary Sewer Easement," "New Var. Width ACSA Public Sanitary Sewer Easement,"
and "New 10' ACSA Water Meter Easement' (collectively, the "Easement").
PROVIDED HOWEVER, that it is expressly understood and agreed that ACSA shall not
be deemed to have accepted the conveyance set forth hereinabove until such time as the same shall
have been evidenced by the affirmative acceptance thereof in accordance with the usual and
customary practices of ACSA.
Reference is made to the Plat, a copy of which is attached hereto to be recorded herewith,
for the exact locations and dimensions of the permanent easements hereby granted and the property
over which the same crosses.
Greenwood, for itself and its successors or assigns, agrees that no trees, shrubs, fences,
buildings, overhangs or other improvements or obstructions shall be placed within the easements
conveyed herein. As a part of the easements, ACSA shall have the right to enter upon the above -
described property within the easement for the purpose of constructing, installing, maintaining,
repairing, replacing and extending sewer and water lines and appurtenances thereto within such
easements, and the right of ingress and egress thereto as reasonably necessary to construct, install,
maintain, repair, replace and extend such sewer and water lines. If ACSA is unable reasonably to
exercise the right of ingress and egress over the right-of-way, ACSA shall have the right of ingress
and egress over the Property adjacent to the right-of-way.
Whenever it is necessary to excavate earth within an easement, ACSA agrees to backfill
such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly
as practical to the same condition as prior to the excavation, including the restoration of such paved
surfaces as may be damaged or disturbed as a part of such excavation.
Each easement provided for herein shall include the right of ACSA to cut any trees, brush
and shrubbery, remove obstructions and take other similar action reasonably necessary to provide
economical and safe sewer and water line installation, operation and maintenance. ACSA shall
have no responsibility to Greenwood, its successors or assigns, to replace or reimburse the cost of
said trees, brush shrubbery or obstructions if cut, removed or otherwise damaged.
The facilities constructed within each perpetual easement shall be the property of the
ACSA which shall have the right to inspect, rebuild, remove, repair, improve and make such
changes, alterations and connections to or extensions of its facilities within the boundaries of such
permanent easement as are consistent with the purposes expressed herein.
Greenwood hereby transfers and dedicates to ACSA, its successors and assigns, all of its
right, title or interest in the sewer and water lines, pipes and appurtenances thereunto pertaining
within the Easement, subject to the terms above.
[Signatures follow on the next page.]
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WITNESS the following duly -authorized signatures and seals:
GREENWOOD HOMES —
CHARLOTTESVILLE, LLC
a Virginia limited liability company
IC
Name:
Title:
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF
Subscribed, sworn, and acknowledged before me this _ day of
2021, by as on behalf of Greenwood
Homes — Charlottesville, LLC, Grantor.
My commission expires:
Notary Public
Notary ID Number:
COMMONWEALTH OF VIRGINIA
COUNTYXITY OF
2021, by
Authority.
ALBEMARLE COUNTY SERVICE AUTHORITY
(SEAL)
Name:
Title:
Subscribed, sworn, and acknowledged before me this _ day of
on behalf of Albemarle County Service
My commission expires:
Notary Public
Notary ID Number: