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Home My WebLink AboutSUB202200193 Easements 2022-11-18This document was prepared by: I Lori Schweller, Esq., VSB 42399 Williams Mullen, PC 323 2nd Street SE, Suite 900 Charlottesville, Virginia22902 Tax Map Parcel Numbers: 032KO-00-00-12300 and 032K0-00-00-000A0 This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-3315. DEED OF EASEMENT (for Shannon Glen Court Turnaround) THIS EASEMENT, dated this _ day of 2022, is by and between ANGELA MARIE ALBARANO and JAMES MICHAEL YANCEY, grantors (the "Lot 123 Owners"), and WILLOW GLEN ALBEMARLE, INC., a Virginia corporation (the "Declarant"), grantor; and the COUNTY OF ALBEMARLE, VIRGINIA (the "County"), a political subdivision of the Commonwealth of Virginia, Grantee for indexing purposes; BRIAN E. CASH, Trustee, (hereinafter referred to as "Trustee"), to be indexed as grantor and grantee; and BANK OF THE JAMES, whose address is 17000 Forest Road, Suite B, Forest, Virginia 24551 (hereinafter referred to as "Lender"), to be indexed as grantor and grantee. WITNESS: WHEREAS, the Lot 123 Owners are the owners of that certain lot or parcel of real property located in Albemarle County, Virginia being Lot 123, Phase 1, Willow Glen (the "Property"), acquired by deed of Andrew Paul Maynard and Brittany Smythers Maynard, dated May 20, 2021, recorded in the Clerk's Office of the Albemarle County Circuit Court (the "Clerk's Office") in Deed Book 5550, page 590; WHEREAS, Declarant is the owner of the parcels of common area of Willow Glen Phase 1 and the developer of Willow Glen Phase 1; WHEREAS, to facilitate acceptance of Shannon Glen Court by the Virginia Department of Transportation into the public road system, Grantors desire to grant and convey to the Grantee a permanent turnaround easement to be located in the area shown and designated as "NEW PERMANENT PUBLIC ACCESS EASEMENT HEREBY DEDICATED TO PUBLIC USE 304.56 S.F." (the "Turnaround Easement") on that certain plat prepared by Lincoln Surveying 1 entitled, "PLAT SHOWING A NEW PERMANENT PUBLIC ACCESS EASEMENT ACROSS TAX MAP 32K PARCELS 123 AND A, LOT 123 PHASE 1 AND COMMON OPEN SPACE `A' WILLOW GLEN SUBDIVISION, ALBEMARLE COUNTY, VIRGINIA," dated October 25, 2022 (the "Easement Plat"), attached hereto and incorporated herein; and WHEREAS, Lot 123 is encumbered by a deed of trust, dated June 1, 2021, granted to Trustee for the benefit of Lender, recorded in the Clerk's Office in Deed Book 5550, page 593 the "Deed of Trust"). NOW, THEREFORE, in consideration of the premises, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, a perpetual, vehicular turnaround easement on and over the Turnaround Easement area shown on the Easement Plat on the following terms and conditions: i. The Turnaround Easement is for the purpose of affording vehicles traveling on Shannon Glen Court the ability to turn around at the end of the stubbed -out road. ii. Within the Turnaround Easement, no structures or plantings may be installed, planted, or placed. iii. VDOT will only perform maintenance within this easement to preserve the roadway features. TRUSTEE'S CONSENT AND SUBORDINATION THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Trustee, as authorized to act by Lender, as shown by its execution hereto, does hereby consent to the Turnaround Easement, and does hereby subordinate the said Deed of Trust lien to the easement herein conveyed. It is expressly understood that the aforementioned subordination shall not affect in any way the lien of the Deed of Trust upon the Property, and the Deed of Trust shall remain in full force and effect as to the land conveyed thereby and not released hereby, subject to the easement herein conveyed. [SIGNATURE PAGES IMMEDIATELY FOLLOWS] 2 Tm omd Emment(101604748v1) WITNESS the following signatures and seals: CH :7\►11 CI] :7CA Angela Marie Albarano James Michael Yancey COMMONWEALTH OF VIRGINIA COUNTY / CITY OF I to -wit: The foregoing instrument was acknowledged before me this _ day of 20_ by Angela Marie Albarano and James Michael Yancey. My commission expires: Notary Public Notary Registration No.: WILLOW GLEN ALBEMARLE, INC., a Virginia corporation By: Name: Title: COMMONWEALTH OF VIRGINIA COUNTY OF to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that as of Willow Glen Albemarle, Inc., whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this day of My Commission Expires: My Notary Registration Number: M Notary Public Tm omd Emment(101604748v1) _(SEAL) TRUSTEE COMMONWEALTH OF VIRGINIA COUNTY OF I to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that , TRUSTEE, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this day of Notary Public My Commission Expires: My Notary Registration Number: LENDER: BANK OF THE JAMES By: _ Name: Title: COMMONWEALTH OF VIRGINIA COUNTY OF , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that as of whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this day of My Commission Expires: My Notary Registration Number: Cl Notary Public Tm omd Emment(101604748v1)