HomeMy WebLinkAboutSUB202200010 Correspondence 2022-07-22Prepared by/return to:
Boyd & Sipe PLC
PC Box 237
Charlottesville VA 22902
Prepared without benefit of a title report
Tax Map No. 09000-00-00lAO and 07600-00-051A0
Exempt per Va. Code §§ 58.1-811(A)(3) and (C)(1) and 17.1-266
Declaration of Maintenance and Emergency Access
This Declaration of Maintenance and Emergency Access ("Declaration") is made as of
20_, by and between SOUTHWOOD CHARLOTTESVILLE, LLC, a Virginia limited
liability company ("Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia (the "County" and "Grantee'), whose address is
401 McIntire Rd. Charlottesville VA 22902.
RECITALS:
R-1. Grantor is the owner of two parcels of real property located in Albemarle County, Virginia,
containing in aggregate 2.635 acres, more or less, and currently identified as County Tax Map
No. 09000-00-00lAO and 07600-00-051AO (collectively, the "Property").
R-2. The boundaries of the Property have been adjusted by recordation of a plat made by
Timmons Group (the "Plat") dated January 10, 2022, last revised , 2022, entitled
"Plat Showing Boundary Line Adjustment and Right of Way Dedication on the Lands of
Southwood Charlottesville, LLC Tax Map Parcels 76-51A & 90-1A Scottsville Magisterial District
Albemarle County, Virginia" and recorded with a Certificate of Confirmation for Recordation of
Plat of even date herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia
("Clerk's Office') immediately prior hereto.
R-3. In connection with the development of the Property, Grantor desires to grant an easement
over a portion of the Property for the purpose of providing access to emergency vehicles as
provided herein. Reference is made to the Plat for a more particular description of the easement
conveyed herein.
WITNESSETH:
NOW, THEREFORE, for and in consideration of the benefits accruing to Grantor, its successors
and assigns, and to future owners of the Property, Grantor hereby declares, establishes, grants
and conveys with special warranty of title to Grantee the perpetual, non-exclusive right of way
and easement over the Property in the areas identified on the Subdivision Plat as "INGRESS AND
EMERGENCY ACCESS EASEMENT & STORMWATER ACCESS EASEMENT ALONG FACE
OF CURB HEREBY DEDICATED TO PUBLIC USE" (collectively, the "Emergency Access
Easement") for the purpose of ingress and egress by emergency vehicles and personnel from
the public right-of-way to the lots, buildings and improvements now or in the future located within
the Property.
Further, Grantor for itself and its successors in interest, specifically including the Southwood
Community Association, hereby agrees to maintain the Emergency Access Easement as follows:
1. Minimum Standard. The Emergency Access Easement shall be maintained with
a minimum twenty foot (20') wide base of all-weather type surface, specifically an asphalt surface
with curb and gutter, maintained in perpetuity to substantially the same condition it was in when
approved by the County. The travelway shall at all times be maintained so that it is safe and
convenient for emergency vehicles at all times except in severe temporary weather conditions.
For purposes of this instrument, "maintenance' includes the maintenance of the private street or
alley, and all drainage facilities, utilities, and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the Emergency Access
Easement reasonably open for usage by emergency services vehicles. The term "to maintain,"
or any derivation of that verb, includes the maintenance, replacement, reconstruction and
correction of defects or damage.
2. Cost of Maintenance. Grantor and its successors in interest, specifically including
the Southwood Community Association, shall be responsible for the cost of the maintenance of,
and/or repair to the Emergency Access Easement. No public agency, including the Virginia
Department of Transportation and the County of Albemarle, Virginia, shall be responsible for
maintaining any improvement identified herein.
3. Security. Grantor and its successors in interest, specifically including the
Southwood Community Association, shall have the option to secure access over the Emergency
Access Easement by means of a locked gate and, in such case, shall provide keys or access
codes or other means of access to the County.
The foregoing easements, covenants, obligations, restrictions, conditions and provisions (whether
affirmative or negative in nature) shall run with title to the Property and bind and inure to the
benefit of Grantor and Grantee and their respective successors and assigns, specifically including
the Southwood Community Association.
Grantor reserves the right to make such use of the Property as shall not be inconsistent with the
rights herein conveyed or interfere with the use of the Emergency Access Easement by the
County for the purposes expressed herein.
This Declaration is made subject to any easements, restrictions and reservations contained in
duly recorded deeds, plats and other instruments constituting constructive notice in the chain of
title, which have not expired by time limitations contained therein or have otherwise become
ineffective, and to matters visible upon inspection.
This Declaration may be executed in counterparts, each of which shall be an original and all of
which together constitute a fully -executed instrument.
The County, acting by and through its County Executive, does hereby accept this conveyance
and dedication, pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's
signature hereto and the County's recordation of this instrument.
[SIGNATURE PAGES FOLLOW.]
[COUNTERPART SIGNATURE PAGE TO DECLARATION OF MAINTENANCE AND
EMERGENCY ACCESS.]
WITNESS the following signatures and seals as of the date set forth above.
GRANTOR:
SOUTHWOOD CHARLOTTESVILLE, LLC, a
Virginia limited liability company
By: Daniel H. Rosensweig, Manager
STATE OF
CITY/COUNTY OF to wit:
The foregoing instrument was acknowledged before me this day of
20_, by Daniel H. Rosensweig, Manager of Southwood Charlottesville, LLC, a Virginia limited
liability company.
My Commission Expires:
Registration No.:
Notary Public
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[COUNTERPART SIGNATURE PAGE TO DECLARATION OF MAINTENANCE AND
EMERGENCY ACCESS.]
GRANTEE:
COUNTY OF ALBEMARLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia
(SEAL)
By: Jeffrey B. Richardson, County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF to wit:
The foregoing instrument was acknowledged before me this day of
20_, by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, a political subdivision of the Commonwealth of Virginia.
My Commission Expires:
Registration No.:
APPROVED AS TO FORM:
County Attorney
Notary Public
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