HomeMy WebLinkAboutSUB202100113 Easements 2022-03-09 (2)Prepared by and return to:
Nicole M. Scro, Esq. (VSB# 90239)
912 East High Street
Charlottesville, Virginia 22902
Albemarle County Parcel ID # 03200-00-00-03500, 046B4-00-00-005A0, and 03200-00-00-
029D0
DEED OF EASEMENT
(for Access)
THIS RESERVATION OF EASEMENT is made as of this _ day of
20_ by and between GREENWOOD HOMES -
CHARLOTTESVILLE, LLC, a Virginia limited liability company (the "Owner"), the
Grantor and Grantee for indexing purposes.
WITNESS:
WHEREAS, the Owner is the owner of a parcel of land known as Albemarle County
Parcel ID # 03200-00-00-03500 (hereinafter, the "Property"); and
WHEREAS, to satisfy Proffer 42 of ZMA-2018-00019, it is the desire and intent of the
Owner to grant and convey private access easements on a portion of the Property shown as
"Brindle Lane, Variable Width Private Access Easement ,....Acadia Drive, Variable Width
Private Access Easement," and "Calico Court, Variable Width Private Access Easement"
(together, the "Access Easement Areas") on that certain subdivision plat by Roger W. Ray &
Assoc., Inc., dated June 8, 2021, last revised February 25, 2022, and recorded in the Clerk's
Office of the Circuit Court of the County of Albemarle, Virginia as Instrument #
(hereinafter, the "Plat"), for the benefit of the current owners of the
adjacent property known as Albemarle County Parcel ID #s 046B4-00-00-005A0 and 03200-
00-00-029DO (together, the "Dominant Property"), Robert G. and Kathleen O. Petchel and
Maple Grove Christian Church, respectively (together, the "Dominant Property Owners").
NOW, THEREFORE, the Owner does hereby GRANT and CONVEY unto the
Dominant Property Owner, their successors and assigns, perpetual easements over the Access
Easement Areas (together, the "Access Easement") for the benefit of the Dominant Property
and burdening the Property. Reference is made to the Plat for the exact location and dimensions
of the Access Easement Areas as they cross the Property.
The Access Easement shall be subject to the following:
1. Right of ingress and egress. The Dominant Property Owners, and their successors and
assigns, and associated authorized agents and employees, shall have the right and easement of
ingress and egress over the Access Easement Areas to provide for inter -parcel connectivity
if/when the Dominant Property is redeveloped or new travelways are installed on such property.
The Dominant Property Owners shall also have the right to perform all acts that may be needed
to make such connectivity, including but not limited to, reasonable grading activity; provided,
however, such activity is performed in a workman like manner and upon completion, to the
greatest extent reasonably possible, the Access Easement Areas shall be restored to their
condition prior to such disturbance.
2. Binding effect. The Access Easement and the rights and obligations established
herein shall run with the land in perpetuity and shall be binding upon the Owner and its
successors and assigns. All references herein to the "Owner" includes its respective successors
and assigns.
3. Termination of Easement. If the Owner, or its successors or assigns, desire to alter or
vacate a portion or all of the Access Easement Areas, the Access Easement Areas may be
adjusted accordingly. Upon termination of any portion of the Access Easement Areas, any
residue of the Access Easement Areas shall remain subject to this Deed of Easement. The
termination of any portion of the Access Easement Areas shall be recorded, at the sole expense
of the Owner, Dominant Property Owners, or their successors or assigns, as the case may be, in
the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia.
4. Acceptance. The recordation of this Deed of Easement in the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia shall be sufficient evidence of the
acceptance of the conveyance of the Access Easement by the Owner to the Dominant Property
Owners.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
WITNESS the following duly authorized signatures.
GREENWOOD HOMES - CHARLOTESVILLE, LLC
a Virginia limited liability company
IC
Printed Name:
Title:
COMMONWEALTH OF VIRGINIA AT LARGE
CITY/COUNTY OF _ to -wit:
The foregoing Deed of Easement was acknowledged before me this _ day of
20 by as of
Greenwood Homes - Charlottesville, LLC, a Virginia limited liability company, on its behalf.
Notary Public
My commission expires: