HomeMy WebLinkAboutSUB202000029 Correspondence 2020-02-18 •
TMP 03200-00-00-006A2,TMP 03200-00-00-0019G0,TMP 03200-00-00-019J1,and TMP 03200-00-00-006R0
Prepared by:Robert J.Kroner,VSB#18682,Scott Kroner,PLC,Charlottesville,VA.
This DEED OF EASEMENT and PARTIAL VACATION OF PRIOR
EASEMENT is made this 13th day of February, 2020, by and between UNIVERSITY
OF VIRGINIA FOUNDATION, a Virginia non-stock corporation ("Grantor"), and
ALBEMARLE COUNTY SERVICE AUTHORITY ( "Grantee" and "ACSA"), whose
address is 168 Spotnap Road, Charlottesville, Virginia 22911.
WITNESSETH:
That for and in consideration of the sum of ONE DOLLAR ($1.00) and other good
and valuable consideration, receipt of all of which is hereby acknowledged, Grantor
GRANTS and CONVEYS with GENERAL WARRANTY and ENGLISH
COVENANTS of TITLE unto Albemarle County Service Authority a perpetual right of
way and easement to construct, install, maintain, repair, replace, and extend a water line
consisting of pipes and appurtenances thereto, over, under and across the real property of
the Grantor located in Albemarle County, Virginia, more particularly identified as
follows:
A new twenty foot (20') wide permanent water line easement shown and described as
"RELOCATED 20' WATERLINE EASEMENT" on Sheet 2 of the plat dated February
3, 2020, consisting of three sheets, entitled "Easement Plat Showing Relocated 20'
Waterline Easement on Tax Map 32 Parcels 6A2, 19G, 19J1 & 6R The Properties of
University of Virginia Foundation Located on Lewis & Clark Drive and Research Park
Blvd. Rio Magisterial District Albemarle County, Virginia," made by Brian S. Ray,
Roger W. Ray & Assoc., Inc. (the "Plat"); PROVIDED HOWEVER, that it is expressly
understood and agreed that the Grantee will not be deemed to have accepted the
conveyance set forth hereinabove until such time as the same has been evidenced by the
affirmative acceptance thereof in accordance with the usual and customary practices of
the Grantee.
Reference is made to the Plat, a copy of which is attached hereto to be recorded
herewith, for the exact location and dimension of the permanent easement hereby granted
and the property over which the same crosses.
As part of the easement, ACSA has the right to enter upon the above described
property within the easement for the purpose of installing, constructing, maintaining,
repairing, replacing, and extending a sewer line and appurtenances thereto within such
easement, and the right of ingress and egress thereto as reasonably necessary to construct,
install, maintain, repair, replace, and extend such water line. If ACSA is unable to
reasonably exercise the right of ingress and egress over the right-of-way, ACSA has the
right of ingress and egress over the property of Grantor adjacent to the right-of-way.
Whenever it is necessary to excavate earth within such easement, ACSA agrees to
backfill such excavation in a proper and workmanlike manner so as to restore surface
conditions to the same condition as prior to excavation, including restoration of such
paved surfaces as may be damaged or disturbed as part of such excavation.
Grantor, its successors or assigns, agree that no trees, shrubs, fences, buildings,
overhangs, or other improvements or obstructions will be placed within the easement
conveyed herein.
The easement provided for herein includes 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 water line installation, operation, and
maintenance. ACSA has no responsibility to Grantor, its successors or assigns, to replace
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or reimburse the cost of said trees, brush, shrubbery, and obstructions that are removed or
otherwise damaged in the course of providing such safe water line installation, operation,
and maintenance.
The facilities constructed by ACSA within the permanent easement will be the
property of ACSA. ACSA has 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 the permanent easement as are consistent with the purposes expressed
herein.
ACSA hereby vacates and releases the easements heretofore granted to ACSA by
Grantor in the locations more specifically shown on Sheet 3 of the Plat as "Portion of
Existing 20' Waterline Easement (D.B. 4957-694 Thru 700B Plat) Hereby Relocated,"
"Portions of Existing 20' Waterline Easement (D.B. 4957-694 Thru 700B Plat) Hereby
Relocated," and "Portion of Existing 20' Waterline Easement (D.B. 1964-650, 655 Thru
658 Plat) Hereby Relocated."
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WITNESS the following signatures and seals:
UNIVERSITY OF VIRGINIA FOUNDATION
By: (SEAL)
Tim R. Rose, Chief Executive Officer
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF , to wit:
The foregoing instrument was acknowledged before me this day of
, 2020, by Tim R. Rose, Chief Executive Officer of University of Virginia
Foundation, a Virginia non-stock corporation, on behalf of the corporation.
Notary Public
My commission expires:
Registration number:
ALBEMARLE COUNTY SERVICE
AUTHORITY
By: (SEAL)
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF , to wit:
The foregoing instrument was acknowledged before me this day of
, 2020, by
of Albemarle County Service Authority, on behalf of the Authority.
Notary Public
My commission expires:
Registration number:
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