Loading...
HomeMy WebLinkAboutSUB202000130 Agreements 2020-08-28 Prepared by and return to: Mary Katherine McGetrick,Esq.(VSB#47084) Williams Mullen P.O.Box 1320 Richmond,Virginia 23218-1320 Tax Map Nos.:07800-00-00-020M1 and 07800-00-00-020M5 Consideration: $0 DEED OF GIFT AND BOUNDARY LINE ADJUSTMENT THIS DEED OF GIFT AND BOUNDARY LINE ADJUSTMENT("Deed"),made this"/8 - day of C oil , 2020, by and among WORRELL LAND AND DEVELOPMENT COMPANY, L.C., a Virginia limited liability company ("Worrell"), to be indexed as grantor and grantee; and PRESIDIO PANTOPS,LLC, a Virginia limited liability company("Presidio"),to be indexed as grantor and grantee,together Worrell and Presidio may be referred to as the"Parties". WITNESSETH: WHEREAS, Worrell is the owner of certain real property situate in the County of Albemarle, Virginia (the "County"), known as County Tax Map Number 07800-00-00-020M1 (the "Worrell Property"); WHEREAS, Presidio is the owner of certain real property situate in the County, known as County Tax Map Numbers 07800-00-00-020M5 and 07800-00-00-020M6 (together, the "Presidio Property"); WHEREAS,the Parties desire to adjust the boundary line between the Worrell Property and the Presidio Property, as shown on that certain plat prepared by Roudabush, Gale & Associates, Inc. dated June 30, 2020, last revised August 21, 2020, entitled "PLAT SHOWING BOUNDARY LINE ADJUSTMENT BETWEEN TAX MAP 78, PARCEL 20M1 AND PARCEL 20M5 AND NEW VARIABLE WIDTH PERMANENT ACCESS EASEMENT PARCEL 20M6 RIVANNA MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA" (the "Boundary Line Adjustment Plat"),a copy of which plat is attached hereto and by this reference made a part hereof. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, the parties hereto agree as follows: 1. Adjustment of Boundary Lines and Conveyance. 1 a. The boundary line between the Worrell Property and Tax Map Parcel 78-20M5 is hereby vacated and relocated to the location more particularly shown on the Boundary Line Adjustment Plat. b. Worrell does hereby GIVE, GRANT and CONVEY, with Special Warranty, subject to the liens, conditions,restrictions and agreements set forth herein,unto Presidio all of its interest in the property identified on the Boundary Line Adjustment Plat as"AREA 'X' 0.348 AC. A PORTION OF TMP 78-20M1 TO BE ADDED TO AND BECOME A PART OF TMP 78-20M5". This conveyance is made subject to all recorded easements, conditions, restrictions and agreements of record as they may lawfully apply to the property or any part thereof,and,without limiting the generality of the foregoing. 2. Free Consent. This Deed is made with the free consent and in accordance with the desire of the Parties, and in accordance with the statutes of Virginia governing the platting of the land;the Boundary Line Adjustment Plat having been duly approved by the proper authorities of the County of Albemarle, Virginia, as evidenced by their endorsement thereon. 3. Governing Law. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 4. Counterparts. This Deed may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. [SIGNATURE PAGES TO FOLLOW] 2 FURTHER WITNESS THE FOLLOWING SIGNATURES AND SEALS. WORRELL: WORRELL LAND AND DEVELOPMENT COMPANY,L.C. By: Name: 5‘..41`� B'y/ Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF C 1---- Fsv:/Ic • The foregoing instrument was acknowledged before me this 21 day o 4c .J/— , 2020 by 11.sj..w O,' Ol , as /41,0p.... of Worrell Land and Development Company,L.C., a Virginia limited liability company, on behalf of the company. Such person is known to me or has produced his state issued driver's license as identification. Notary Public My Commission Expires: Dd. ?( 20 S Registration number: 7i e 3 — — — — — — —TUCKER ALLYN LOYD NOTARY PUBLIC REGISTRATION#7807103 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 10/31/2023 I 3 PRESIDIO: PRESIDIO PANTOPS,LLC By: River end M agement, Inc., its Manager By: Name: Title: (cs COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 6-Iwori, •,,;j(� : The foregoing instrument was acknowledged before me this 21,4-day of / 4-- 2020 by /Nim R. T4 - , as Pre 4— of River Bend Management, Inc., as, Manager of Presidio P ntops, LLC, a Virginia limited liability company, on behalf of the company. Such person is known to me or has produced his state issued driver's license as identification. TUCKER ALLYN LOYD NOTARY PUBLIC REGISTRATION#7807103 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 10/31/2023 �, Notary Public My Commission Expires: 1� '?!/' Z7 Registration Number: 78,o7(o7 4 EXHIBIT"A" BOUNDARY LINE ADJUSTMENT PLAT 5 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Parcel ID Nos.:07800-00-00-020M5 and 07800-00-00-020M6 DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (for Sidewalk and Travel Way) THIS DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (this "Declaration") is made as of this day of , 2020, by PRESIDIO PANTOPS, LLC, a Virginia limited liability company ("Presidio"),to be indexed as Grantor and Grantee. WITNESS: WHEREAS, Presidio is the owner of that certain real property (hereinafter the "Property"), located in Albemarle County, Virginia, more particularly described as follows: ALL that certain lot or parcel of land shown as "Tax Map Parcel 07800-00-00-020M3," containing 26.984 acres, more or less, on that certain plat made by Roudabush, Gale & Associates, Inc., dated June 1, 2018, and last revised June 22, 2018, entitled "Boundary Line Adjustment Tax Map 78, Parcel 20M3, Tax Map 78, Parcel 20M1 Located on Peter Jefferson Parkway Off U.S. Route 250, East of Charlottesville, Rivanna Magisterial District, Albemarle County, Virginia," which plat was recorded in Albemarle County Circuit Court Clerk's Office in Deed Book 5077, page 119; BEING the same property conveyed to Presidio by deed dated as of July 27, 2018, and recorded in the aforementioned Clerk's Office in Deed Book 5077, page 127; and WHEREAS, a portion of the Property is also shown and designated as "TMP 78-20M6"on that certain plat prepared by Roudabush, Gale & Associates, Inc., dated June 30, 2020, last revised August 21, 2020, entitled"Plat Showing Boundary Line Adjustment Between Tax Map 78, Parcel 20M1 and Parcel 20M5 and New Variable Width Permanent Access Easement Parcel 20M6, Rivanna Magisterial District, Albemarle County, Virginia,"which such plat is attached hereto and recorded herewith as Exhibit A (the "Plat"); and WHEREAS, for the purposes of redeveloping the Property, Presidio, and/or its assigns, will construct a new private sidewalk(the "Private Sidewalk") and private travel way (the "Private Travel Way"); and 1 WHEREAS,the location of the Private Sidewalk and Private Travel Way is shown and designated as"New Var. Width Permanent Access Easement"and"New Var. Width Permanent Access Esmt." on the Plat; and WHEREAS, Presidio desires to grant to the public the right of access for ingress and egress over the Private Sidewalk and Private Travel Way; and WHEREAS,Presidio agrees to maintain the Private Sidewalk and Private Travel Way unless and until it is accepted by the County. NOW,THEREFORE, for and in consideration of the mutual benefits accruing or to be accrued to Presidio, its successors and assigns, and to any future owners of the Property,Presidio hereby declares, establishes, and grants an access easement for the benefit of the public for ingress and egress over the Private Sidewalk and Private Travel Way; and FURTHER, Presidio hereby agrees to maintain the Private Sidewalk and Private Travel Way as follows: MINIMUM STANDARD: The Private Sidewalk and Private Travel Way shall be maintained with minimum standards as are shown on the Plat, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The Private Sidewalk and Private Travel Way shall be maintained so that it is safe and convenient for pedestrians at all times except in severe temporary weather conditions. For purposes of this instrument, "maintenance"includes the maintenance of the Private Sidewalk and Private Travel Way, and all curbs, surface materials, curbs and gutters, drainage facilities,utilities, dams, and other private sidewalk improvements, as applicable, and the prompt removal of snow,water, debris,or any other obstruction so as to keep the Private Sidewalk and Private Travel Way reasonably open for usage by all pedestrians and bicyclists. The term"to maintain,"or any derivation of that verb, includes the maintenance,replacement, reconstruction and correction of defects or damage. COST OF MAINTENANCE: Presidio shall be responsible for the cost of the maintenance of, and/or repair to the Private Sidewalk and Private Travel Way. Any division of the Property shall require the reassessment of cost to be equally shared by all owners using the Private Sidewalk and Private Travel Way. No public agency, including the Virginia Department of Transportation and the 2 County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Private Sidewalk and Private Travel Way,any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners,provided that in the event that one of the owners determines that the Private Sidewalk or Private Travel Way is not safe and convenient for pedestrians and bicyclists at all times except in severe temporary weather conditions and such owner gives thirty (30)days prior written notice to all other owners using the Private Sidewalk or Private Travel Way, such owner may commence or contract for maintenance or repair to bring the Private Sidewalk or Private Travel Way to the minimum standard and the charges therefore shall be the responsibility of all owners using the Private Sidewalk and Private Travel Way. DEFAULTING OWNER(S): If any owner shall fail to pay his/her/its proportionate share of the costs of maintenance or repair for which he/she/it is responsible, as provided hereinabove, any other owner not in default, or the person or entity performing such maintenance,may after thirty(30)days written notice to the defaulting parcel owner(s)bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her/its proportional share of maintenance or repair. The amount due by any delinquent owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent owner shall be liable to pay all costs of collection, including reasonable attorney's fees. FURTHER, each and all of the covenants, obligations, restrictions,conditions and provisions contained in this Declaration(whether affirmative or negative in nature) shall be construed as covenants running with the land intended to be benefited or burdened thereby and shall bind and inure to the benefit of Presidio, its respective successors and assigns,and every individual,partnership, association, corporation, limited liability company or other entity having any interest in the Property at any time. FURTHER,to the extent that this Declaration establishes public access on the Private Sidewalk and Private Travel Way,this Declaration is also for the express benefit of the County of Albemarle,Virginia(the"County")and the Board of Supervisors of the County (the`Board"), who are hereby third party beneficiaries of this Declaration. The County and the Board shall 3 have the right and authority to maintain an action to enforce this access easement for the benefit of the public for ingress and egress over the Private Sidewalk and Private Travel Way as provided in this Declaration as though they were parties hereto. [SIGNATURE PAGE FOLLOWS] 43226640_2 4 IN WITNESS WHEREOF, Presidio has caused this Declaration to be executed on its behalf by its duly authorized agent. PRESIDIO PANTOPS, LLC, a Virginia limited liability company By: River Bend Management, Inc., its Manager By: Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Cko44,. olle# , to-wit: The foregoing instrument was acknowledged before me this 21>1'day of 4...s-f— , 2020 by 4fp1..„ II,. , as Rr�s1 � of River Bend Management, Inc., as Manager of Presidio Pan4o-tops, LLC, a Virginia limited liability company, on behalf of such company. My commission expires: P0h i/2©z7 . TUCKER ALLYN LOYD NOTARY PUBLIC REGISTRATION#7807103 COMMONWEALTH OF VIRGINIA ! Notary Public MY COMMISSION EXPIRES 10/31/2023 I Notary Registration No.: ? 'D?!D 7 5 Exhibit A the Plat (attached) 6