HomeMy WebLinkAboutSUB201900160 Easements 2020-08-19Instrument Type:
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Consideration:
Official Receipt
Albemarle Circuit Court
Jon R. Zug
501 E. Jefferson St
Charlottesville, VA 22902
(434)972-4083
Receipt For: CORE REAL ESTATE LLC
Cashier: MEB
DEC Receipt #
202000011176 Date
05373 / 0059-00065 Pages : 7
1 Document
POINT CHURCH A VIRGINIA NON -STOCK CORPORATION Ex
POINT CHURCH A VIRGINIA NON -STOCK CORPORATION Ex
6.142 ACRE +/-
0.00 Assumed Value: 0.00 Pct : 100.00%
1st City: Y
2020-063175
08/21/2020 01:15pm
1 of 1
N
N
Item #
Description
Qty
Unit Cost
Extended
035
VOF
1
3.00
3.00
301
Clerk 1-10 Pages
1
14.50
14.50
145
VSLA
1
3.50
3.50
106
TTF
1
5.00
5.00
301
Clerk Fee
1
13.50
13.50
145
VSLA
1
3.50
3.50
106
TTF
1
5.00
5.00
442
Overaae
1
3.00
3.00
Document 1 51.00
Grand Total 51.00
Check 1472 -51.00
Balance 0.00
Customer Copy
Prepared by and return to:
Justin A. Ritter, VSB# 82573
Ritter Law PLLC
600 E. Water Street, Suite F
Charlottesville, VA 22902
(434)218-1172
1I,, - 1 I. 15MI1 151 1 t
DECLARATION AND
PEDESTRIAN PATH EASEMENT
THIS DECLARATION AND PEDESTRIAN PATH EASEMENT is made this 18th day
of August, 2020, by POINT CHURCH, a Virginia non -stock corporation, indexed as both a
"Grantor" and a "Grantee", and hereinafter defied as the "Declarant", and sets forth as follows:
WHEREAS, Declarant is the owner of that certain real property, together with
improvements thereon, designated by the County of Albemarle, Virginia, as Tax Map Parcel
07800-00-00-073AB, containing 6.14 acres, more or less (the "Property');
WHEREAS, pursuant to that certain unrecorded final proffer statement for ZMA2018-
00002, Hansen Road Office ("Proffer'), Declarant has voluntarily proffered to grant a certain
pedestrian path easement located on the Property for public use, labeled as "6' PEDESTRIAN
PATH EASEMENT HEREBY DEDICATED FOR PUBLIC USE (SHADED)" on that certain
plat titled "PEDESTRIAN PATH EASEMENT PLAT", dated October 10, 2019, last revised
Augasl 12, 2020, prepared by Roudabush, Gale dr Associates, Inc. (the "Plat"), with a copy of the
Plat attached hereto and labeled "Eihlbit A"; and
WHEREAS, to fulfill its Proffer obligation, Declarant now desires to memorialize such
easement grant by the recordation of this inctrnmmt_
NOW, THEREFORE, for and in exchange of the additional development rights granted to
Declarant resulting from the Proffer, the sufficiency of which is hereby acknowledged, Declarant
hereby DECLARES and GRANTS a non-exchrsive access easement on and across that certain
pedestrian path for public use, as located within that certain area shown an the Plat labeled as %'
PEDESTRIAN PATH EASEMENT HEREBY DEDICATED FOR PUBLIC USE (SHADED) -
("Easement'), subject to terns and conditions set forth below.
1. Location and Dimension of Easement. The Easement locations and dimensions are
hereby set and established wihm that certain area labeled as 'Y' PEDESTRIAN PATH
EASEMENT HEREBY DEDICATED FOR PUBLIC USE (SHADED)" on the Plat The carrently
existing pedestrian pathway is located entirely within said Easement locations and dimensions.
The Easement shall be no greater than six (6) feet in width in any given location.
2. Maintenance of Improvements within Easement. Declarant shall maintain all
improvements located within the Easement in accordance with Class A — type I low -maintenance
path standards as slated in Section 7 (I) of the Design Standards Manual, with the exception of
minimum width, which shall be a minimum six foot (6') surface. Declarant shall keep all
pedestrian path improvements free and clear of any and all obstructions, except during severe
temporary weather -related events.
3. Repairs within Facet Declaram: shall case all repairs of the improvements
within the Easement to be repaired in a good workman like manner, to be completed promptly
after the need for repair becomes readily apparent to Declarant. The standard for such repairs shall
be consistent with the standards set forth in Section 2 above_
4. Revhmcement Within Facement. Except as otherwise provided in Section 6 below,
Declarant shall be solely responsible for replacing the improvements contained within the
Easement. Such replacements shall be consistent with the standards set forth in Section 2 above_
Declarant has the sole discretion to determine wbcn replacement of the improvements within the
Faserrme m are may.
5. Right to Dedicate to Public Authority. Notwithstanding Declarant's general
responsibility to maintain, repair and replace the improvements located within the Easement- it is
contemplated that, at some time in the future, it is possible that the owner of the Property may wish
to cause the Easement to be submitted for inclusion jam the Virginia Secondary Highway System,
simultaneously with a similar submission for inclusion of Rolkin Road, currently a private road;
upon so& inclusion, as properly accepted by the applicable government authority, Declarant shall
have no further responsibility or obligation to maintain, repair or replace the improvements located
within the Fasernern_ Until such acceptance, neither Albemarle County nor airy other government
authority shall be responsible for the maintenance, repair or replacement of the improvements
located within the Easement.
6_ Covenants and Restrictions Run with the Land. The Easement, the covenants and
restrictions set forth above run with the land, and shall be binding on the Declarant and the
successors and assigns of the Property, even if the Property is subsequently subdivided at a later
date.
(Signature and sent on the following page]
2
WITNESS the following signature and seal:
POINT CHURCH.
a Vngwa non -stock corporation
By: w (SEAL)
T er or Pastor.
rrnan of the Board of Overseas
STATE OF VIRGIN1t� I1,,
COUNTY/CITY of l l�lY �0()Vt to wit
The foregoing inswmcnt was acknowledged before me this M of
2020, by Gabe Turner, in his capacity as Senior Pastor and Chairman of the Board o verseers,
of POINT CHURCH, a Virginia non -stock corporation
My Commission Expires: ;� - a I - c91
"Exhibit A"
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