Loading...
HomeMy WebLinkAboutSUB202200092 Easements 2022-09-14 (3)This document was prepared by: Charles B. Alvis, Esq. (VSB No. 92076) Williams Mullen 323 2nd Street SE Suite 900 Charlottesville, VA 22902 Parcel ID Nos.: 04600-00-00-10800 and 04600-00-00-10900 DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (for Travelway and Private Street) THIS DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (this "Declaration"), dated this 1' day of September, 2022, is made by SEMINOLE TRAIL, LLC, a Virginia limited liability company (the "Declarant"), to be indexed as Grantor and Grantee. WITNESS: WHEREAS, the Declarant is the owner of that certain real property (hereinafter the "Property"), located in Albemarle County, Virginia, currently identified as County Parcel ID Nos. 04600-00-00-10800 ("Parcel 46-108") and 04600-00-00-10900 ("Parcel 46-109"), more particularly described as follows: Parcel 46-108 ALL that certain tract or parcel of land with the improvements thereon and the appurtenances thereunto belonging located on the east side of the U.S. Route 29 in Albemarle County, Virginia, north of Charlottesville, containing 3.947 acres, more or less, which parcel is more particularly described by that certain plat of Thomas D. Blue, dated May 29, 1969, and revised April 2, 1973, which plat was recorded in the Albemarle County Circuit Court Clerk's Office in Deed Book 527, page 180; BEING the same property conveyed to the Declarant by deed from Ridgewood Motel & Manor LP, a Virginia limited partnership, dated October 10, 2019, and recorded in the aforementioned Clerk's Office in Deed Book 5228, page 557; Parcel 46-109 ALL that certain tract or parcel of land with the improvements thereon and the appurtenances thereunto belonging located on the east side of the U.S. Route 29 in Albemarle County, Virginia, north of Charlottesville, containing 15.558 acres, more or less, which parcel is more particularly described by that certain plat of Thomas D. Blue, dated May 29, 1969, and revised April 2, 1973, which plat was recorded in the aforementioned Clerk's Office in Deed Book 527, page 180; BEING the same property conveyed to the Declarant by deed from HP Park LP, a Virginia limited partnership, dated October 10, 2019, and recorded in the aforementioned Clerk's Office in Deed Book 5228, page 553; WHEREAS, the Property is also shown and designated as "Lot 1" and "Lot 2" on that certain plat prepared by Eric K. Niskanen of Bohler, dated April 29, 2022, last revised August 18, 2022, entitled "PLAT SHOWING BOUNDARY LINE ADJUSTMENT AND DEDICATION OF VARIOUS EASEMENTS ON THE LANDS OF SEMINOLE TRAIL, LLC, DEED BOOK 5228 PAGE 557, DEED BOOK 5228 PAGE 553, RIVANNA MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA," which such plat (the "Plat") is attached hereto and recorded herewith; WHEREAS, in developing the Property, the Declarant, and/or its assigns, is constructing a new travelway (the "Travelway") and a new private street (the "Private Street"); WHEREAS, the location of the Travelway is shown and designated as "VARIABLE WIDTH PUBLIC ACCESS EASEMENT" on Sheets 3 and 4 of the Plat; WHEREAS, the location of the Private Street is shown and designated as "57' PRIVATE STREET EASEMENT" on Sheet 3 on the Plat; WHEREAS, the Declarant wishes to grant to the public the right of access for ingress and egress over the Travelway and the Private Street; WHEREAS, the Declarant agrees to maintain the Travelway unless and until it is accepted by the County of Albemarle, Virginia (the "County"); and WHEREAS, the Declarant agrees to maintain the Private Street 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 the Declarant, its successors and assigns, and to any future owners of the Property, the Declarant hereby declares, establishes, and grants an access easement for the benefit of the public for ingress and egress over the Travelway and the Private Street; and FURTHER, the Declarant hereby agrees to maintain the Travelway and the Private Street in substantially the same condition as originally approved by the County; and that no public agency (including the Virginia Department of Transportation and/or the County) will be responsible for maintaining any improvement identified herein; and FURTHER, each and all ofthe covenants, obligations, restrictions, conditions, and provisions contained in this Declaration (whether affirmative or negative in nature) are covenants running with the land intended to be benefited or burdened thereby, and bind and inure to the benefit of the Declarant, 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; and FURTHER, to the extent that this Declaration establishes public access on the Travelway and the Private Street, this Declaration is also for the express benefit of the County and the Board of Supervisors of the County (the "Board"), who are hereby third -party beneficiaries of this Declaration. The County and/or the Board may maintain an action to enforce this access easement for the benefit of the public for ingress and egress over the Travelway or the Private Street as provided in this Declaration as though they were parties hereto. [SIGNATURE PAGE FOLLOWS] 3 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. DECLARANT SEMINOLE TRAIL, LLC, a Virginia limited liability company M Todd A. Copeland, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF V1126 awA 39ACA , to -wit: The foregoing instrument was acknowledged before me this god day of September, 2022 by Todd A. Copeland as Manager of Seminole Trail, LLC, a Virginia limited liability company, on behalf of the company. My commission expires: `P1301204 [�i�tcP `vita (/I�QrGb-�a� Notary Public Notary Registration No. 4 3o32040 ------------- DAME MARIE LEADBEATER NOTARY PUBLIC �R�E�jGISTRATION # 303206 CUMY CC1MMALTH OF SSION EXPIRES S e p tember 30, 2024