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HomeMy WebLinkAboutSUB201300062 Agreements 2013-05-06 Prepared by: McCallum & Kudravetz, P.C. 250 E. High Street TMP 03200- 00- 00 -041R0 Charlottesville, VA 22902 TMP 03200- 00- 00 -041D1 (434) 293 -8191 TMP 03200- 00- 00 -041A0 CROSS - ACCESS EASEMENT AGREEMENT THIS CROSS - ACCESS EASEMENT AGREEMENT dated this 27th day of June, 2013, by and among TIKI, LLC, a Virginia limited liability company ( "Tiki ") (index as grantor and grantee); PEQUA, LLC, a Virginia limited liability company ( "Pequa ") (index as grantor and grantee); and Charles Wm. HURT and Shirley L. FISHER, as TRUSTEES for the POST OFFICE LAND TRUST, pursuant to the terms of a certain Land Trust Agreement dated October 27, 1997, ( "Post Office ") (index as grantor and grantee); WITNESSETH: WHEREAS, Tiki is the owner of a certain parcel of land situated in the Rio District of Albemarle County, Virginia, shown as "TMP 32 -41A" ( "Parcel 41A ") on plat prepared by Shimp Engineering, dated April 1, 2013, last revised June 18, 2013 entitled "Plat Showing Access Easement, Stormwater Easement, Utility Easements, Parking Easement & Temporary Grading Easement For Tax Map 32, Parcels 41A, 41D1, & 41R TIMBERWOOD COMMONS Rio District, Albemarle County, Virginia" (the "Plat "), which Plat is attached hereto and recorded herewith; WHEREAS, Pequa is the owner of a certain parcel of land situated in the Rio District of Albemarle County, Virginia, shown as "TMP 32-41D1" on the Plat ( "Parcel 41D1"); 1 WHEREAS, Post Office is the owner of a certain parcel of land situated in the Rio District of Albemarle County, Virginia, shown as "TMP 32- 41R" on the Plat ( "Parcel 41R "); and WHEREAS, Tiki, Pequa, and Post Office (collectively, the "Parties ") desire to subject Parcels 41A, 41D1 and 41R to the Cross - Access Easements hereinafter set forth and to subject Parcels 41A, 41D1 and 41R to the covenants and charges for private maintenance of the Cross - Access Easements as hereinafter set forth, which are for the benefit of Parcels 41 A, 41 D 1 and 41R and the owners thereof. NOW THEREFORE, the Parties hereby declare that Parcels 41A, 41D1 and 41R, (sometimes hereinafter collectively "Parcels" in the plural and "Parcel" in the singular), shall be held, transferred, sold, conveyed and occupied subject to the covenants, easements, and charges hereinafter set forth. The provisions set forth herein shall run with the land in perpetuity and shall be binding upon any and all parties who have, or shall acquire, any right, title or interest in all or any part of Parcels 41A, 41D1 and/or 41R and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: Section 1.01. "Cross- Access Easements" shall mean and refer to the Cross - Access Easements established in Section 2.01 hereof. Section 1.02. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including the Parties, of the fee simple title to Parcels 41A, 41D1 and/or 41R, including contract sellers, but excluding those having such interests merely as security for the 2 performance of an obligation. In the case where any Parcel is held by one or more persons for life with the remainder to another or others, the term "Owner" shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come into use, possession or enjoyment of such Parcel. ARTICLE II CROSS - ACCESS EASEMENTS Section 2.01. Establishment of Cross - Access Easements: The Parties do hereby establish and impose non - exclusive cross - access easements on Parcels 41A, 41D1 and 41R for the benefit of and appurtenant to Parcels 41A, 41D1 and 41R along and across those certain strips of land designated "New 24' Cross - Access Easement" and "New Variable Width Cross Access Easement" as shown and described on the Plat for the joint use of the Parcels for ingress and egress among the Parcels and ingress and egress to and from Timberwood Boulevard. These Cross - Access Easements shall not be dedicated to public use. Any Owner may relocate the portion of the Cross - Access Easements on such Owner's Parcel at such Owner's expense, provided such relocation is approved by Albemarle County and the new location does not unreasonably interfere with the use of the Cross - Access Easements by the Parties hereto. Section 2.02. Maintenance: The travelways and related improvements located within the Cross - Access Easements require private maintenance as hereinafter set forth. The costs of repair. maintenance, upkeep, improvement, or replacement (hereinafter "maintenance ") of the travelways and related improvements located within the Cross - Access Easements will not be borne by the County of Albemarle, the Commonwealth of Virginia, or any public agency.. but rather shall be the responsibility of and borne as follows: 3 (a) Initial Construction: The travelways and related improvements located within the Cross - Access Easements shall be constructed in accordance with the site plan(s) for Parcels 41D1 and 41R as approved by Albemarle County. The Owners of Parcels 41D1 and 41R shall be responsible for constructing the travelways and related improvements within the Cross - Access Easements located on their Parcels. Additionally, the Owner of Parcel 41D1 shall be responsible for constructing the travelways and related improvements within the portion of the Cross - Access Easements located on Parcel 41 A. Tiki, as the Owner of Parcel 41 A, hereby grants to the Owner of Parcel 41D1, a temporary construction easement on Parcel 41A in the location shown on the Plat as "New Variable Width Temp. Construction Easement" for use by the Owner of 41A in constructing the travelways and related improvements within the portion of the Cross - Access Easements on Parcel 41D1. (b) Continued Maintenance: All maintenance of the travelways and related improvements shall be subject to the following conditions: (i) Each Owner shall be solely responsible for the cost of maintenance of the travelways and related improvements within the portion of the Cross - Access Easements located on such Owner's Parcel; (ii) During any site development and /or construction on 41A, 41D1 or 41R, the Owner of such Parcel shall keep the travelways free and clear of dirt, mud and/or debris; and (iii) At the completion of any site development and/or construction on Parcel 41A, 41D1 or 41R, the Owner of such Parcel shall repair any damage to such travelways and related improvements within the Cross - Access Easements resulting from the use of such travelways for access to and during such site development and /or construction. 4 (c) Damage From Construction Activities: Notwithstanding the foregoing, each Owner shall be solely and exclusively responsible for and shall fully bear the costs of maintenance within the Cross - Access Easements and the travelways and related improvements located therein necessitated by construction activities on its Parcel, and each Owner shall restore any portion of the Cross - Access Easements and the travelways and related improvements located therein damaged by its construction activities to at least its prior condition upon completion of such construction. Section 2.03. Time, Necessity, and Standards of Maintenance: The Parties shall determine the time, necessity and standards of maintenance of the travelways and related improvements located on their individual Parcels; provided, however, that the travelways and related improvements shall be maintained as shown on the site plan(s) for Parcels 41 A, 41 D 1 and/or 41R approved by Albemarle County in a first class manner, keeping the same clean, swept and free of debris, free from ice and snow, properly surfaced, striped, maintained and repaired in a safe and sightly condition, free of settling, pot holes, fissures and cracks and in compliance with all applicable statutes, laws, ordinances, governmental rules, regulations and orders. Section 2.04 Maintenance of Improvements on Parcel 41 A: In the event that the Owner of Parcel 41A fails' to maintain the travelways and related improvements within the Cross - Access Easements located on Parcel 41A to the standards set forth above, the Owner of Parcel 41D1 shall be entitled, upon fifteen (15) days prior written notice to the Owner of Parcel 41A, to have the maintenance performed at the expense of the Owner of Parcel 41D1. 5 WITNESS the following signatures and seals. TIKI, LLC (SEAL) Anthon D. alente, Manager By: . _S.' L..4% . /�. P (SEAL) Mary K.& ale 4-, Manager COMMONWEALTH OF VIRGINIA TYOF . r .!rte' L o - wit: (cry The foregoing instrument was acknowledged before me this ( ;9 ay of (���• , 2013, by Anthony D. Valente and Mary K. Valente, as Managers of Tiki, LLC. My commission expires: 01 4 Q .( A. HF ' ., Notary Public ���llllll • Notary Registration No. QJ�' NOTARY • '• ;�� �% )� ! g PUBLIC • REG #101844 MY COMMISSION s ' • EXPIRES : �'� • '• 7/31/2014 C� - ....••• ,\.•. °',,- "VEALTH O' e 6 PEQUA, LLC (SEAL) Anthony .. alente, Manager By: :V.,01. ✓G�C-E'/ (SEAL) Mary K. &aleni,e, Manager COMMONWEALTH OF VIRGINIA TY /CITY OF Q 4 L , . IV a wit: The foregoing instrument was acknowledged before me this ?(° ' ay of cjurJe_. , 2013, by Anthony D. Valente and Mary K. Valente, as Managers of Pequa, LLC. My commission expires: 00 J , 0t'L 0 .1 �•••• A \)0 : y F R.. 1 % Notary Pub1k OTARY' . .-< Notary Registration No. 101 ‘1-- PUBLIC '• REG #101844 o MY COMMISSION,: o • EXPIRES 7/31/2014 / r , � ..... 7 w (SEAL) Charles Wm. Hurt, as Trustee for the Post Office Land Trust COMMONWEALTH OF VIRGINIA COUNTY /CfTY OF pa b e,WLr , to -wit: The foregoing instrument was acknowledged before me this 11 day of 7,1%/ , 2013, by Charles Wm. Hurt, as Trustee for the Post Office Land Trust. My commission expires: LA.i) E - ; n „,,Zb ( Notary Pu : lic Notary Registration No. /0,2070 STEPHEN M. MELTON NOTARY PUBLIC REG. #102070 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30, 2017 8 ,so t % ✓,.c� (SEAL) Shirley L. F isher, as Trustee for the Post Office Land Trust COMMONWEALTH OF VIRGINIA COUNTY /CITY OF Rt be &&r(- , to -wit: The foregoing instrument was acknowledged before me this 1 day of Lt_ , , 2013, by Shirley L. Fisher, as Trustee for the Post Office Land Trust. My commission expires: 6 © a b 1 '7 . vtk • Notary Public Notary Registration No. ( D 07© STEPHEN M. MELTON NOTARY PUBLIC REG. #102070 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30, 2017 E:\Data Files \CLIENTS \Tiki, LLC \Cross - Access Easement Agreement.doc 9