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Home My WebLink AboutSUB201300029 Easements 2013-02-26 . ,.w0. PREPARED BY McCLURE CALLAGHAN,PLC Portion of Tax Map and Parcel Number 032G0-00-00-00100 BRIARWOOD SECOND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS AND EASEMENTS This Second Supplemental Declaration is made as of this-4S day of k``? ti , 201 -, by WOODBRIAR ASSOCIATES,hereinafter referred to as the"Developer", RECITALS: Whereas, the declaration of Covenants, Conditions and Restrictions for Briarwood, Phase 1A-2, 1B-2 & 8 (hereinafter "Declaration") is recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 4111 page 477; Whereas, the First Supplemental Declaration of Covenants, Conditions, Restrictions and Easements (hereinafter "First Supplement") is recorded in the aforesaid Clerk's Office in Deed Book 4132,page 472; Whereas, the First Amendment to Declaration of Protective Covenants, Conditions and Restrictions and Reserved Easements is recorded in the aforesaid Clerk's Office in Deed Book 4316,page 157; Whereas, it is the desire of the Declarant to impose the said covenants, conditions and restrictions on additional lots which have been approved as follows: Lots 14 through 22 Phase lA-1, Lots 15 though 23A Phase 1A-2, Lots 48 through 53A Phase 1A-2, Lots 43 through 47 Phase 5, Briarwood Subdivision shown on plat of Lincoln Surveying, dated February 24, 2013, last revised April 12, 2013, entitled "Subdivision Plat Showing Lots 14 through 22 Phase lA-1, Lots 15 though 23A Phase iA-2, Lots 48 through 53A Phase 1A-2, Lots 43 through 47 Phase 5, Briarwood Subdivision",recorded herewith and made a part hereof. NOW THEREFORE,pursuant to Section 7.01 of the Declaration of Covenants, Conditions, Restrictions and Easements of record in the said Clerk's Office in Deed Book 4111, page 477, supplemented in Deed Book 4132, page 472, the Declarant hereby declares that all of the subject property described above is and shall be held, occupied, and conveyed subject to the covenants, conditions and restrictions set forth in said Declaration of record in the said Clerk's Office in Deed Book 4111,page 477, as amended and supplemented. IN WITNESS WHEREOF Woodbriar Associates has caused its name to be signed hereto as of the date first written above. WOODBRIAR ASSOCIATES By: S-V ASSOCIATES By t 777i� Wendell W. Wood, General Partner COMMON WEALT-H- F - -VIRG AT-LARGE' ~--- CITY/COUNTY OF A l`� ��' ,to-wit: The foregoing instrument was acknowledged before me by WENDELL WWOOD, General Partner of S-V Associates, General Partner of Woodbriar Associates this a5 day of t-� ,2011, My commission expires: I K■-C 3 G ` ao( ) � i NENA L HARRELL f tolr NOTARY PUBLIC d k A REGISTRATION# 102181 Notary Public w tilst /COMMONWEALTH OF VIRGINIA y MY COMMISSION EXPIRES APRIL 30. 2017 *sr �,,.• This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Portion of Tax Map and Parcel Number 032G0-00-00-00100 This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3). DEED OF EASEMENT THIS DEED OF EASEMENT is made this /NI) day of 1Q t ,201 Yby and between WOODBRIAR ASSOCIATES, a New York limited partnership, Grantor;and the COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of that certain real property (hereinafter the "Property") located in Albemarle County, Virginia,more particularly described as follows: That certain real property shown and designated as "Variable Width Permanment Drainage Easement" to be dedicated to public use, shown on the plat of Lincoln Surveying, dated February 24,2013, last revised April 12,2013, entitled"Subdivision Plat Showing Lots 14 through 22 Phase 1A-1,Lots 15 though 23A Phase 1A-2,Lots 48 through 53A Phase 1A-2, Lots 43 through 47 Phase 5,Briarwood Subdivision", recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book , pages (hereinafter, the"Easements"and the "Plat").Reference is made to the Plat for a more particular description of the easements conveyed herein. • WHEREAS,the Property is described further as a portion of that certain lot or parcel of land situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, conveyed to the Grantor by deed of S-V Associates,recorded in said Clerk's Office in Deed Book 690, Page 232; and WHEREAS,it is the desire and intent of the Grantor to dedicate, grant and convey the Easements for public use in accordance with this Deed of Easement; and Now WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights,title and interest in all ditches,pipes and other improvements and appurtenances within the Easements established for the purpose of conveying drainage and stormwater (hereinafter collectively referred to as the"Improvements,"whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. NOW THEREFORE,in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration,the receipt of which is hereby acknowledged,the Grantor does hereby GRANT, CONVEY,and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee,its successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER,pursuant to the consideration described herein,the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct,reconstruct, install, maintain,repair, change,alter and replace the Improvements. The Grantee shall have the right to construct,reconstruct, install,maintain, repair, change, alter,and replace present or future Improvements (hereinafter referred to as "inspecting,maintaining and operating"or derivations thereof)for the purposes of collecting storm water and transmitting it through and across the Subdivision,protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement,to inspect,maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery,remove fences, structures or other obstructions,and take other similar action reasonably necessary to provide adequate and fully functioning Improvements;provided,however,that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches,the replacement of fences and shrubbery,the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However,the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement,but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition,the Grantee shall remove from the Easement all trash and other debris resulting from the installation,maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing,the Grantee shall not be required to repair or replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition,neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for 2 conducting routine maintenance as described in paragraph 6 except as expressly provided in this paragraph. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris,mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed,and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install,maintain, repair,change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity;restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter,reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement;and further provided that such persons shall not construct or maintain any roadway, or erect any building,fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor,the Grantee, and their successors and assigns. All references herein to the "Grantor" and the"Grantee" include their • 4 respective successors and assigns. All references to the"Grantee," when exercising any right or obligation herein,includes the Grantee's officers, employees and agents. The Grantee,acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle,Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures: GRANTOR: WOODBRIAR ASSOCIATES BY: S-V ASSOCIATES, General Partner BY: ��i✓i�// �.//� Wendell W. Wood, General Partner COMMONWEALTH OFA VIRGINIA CITY/COUNTY OF A—I «Q.3%)&Cis•AAt The foregoing instrument was acknowledged before me this day of t\ , 2014;by WENDELL W. WOOD, General Partner of S-V Associates, General Partner of Woodbriar Associates, Grantor. otary Public My Commission Expires: l 3E a4.-7 Registration number: 1 U ax �_` "`= NENA L HARRELL ,t I t NOTARY PUBLIC k �1 ( REGISTRATION# 102181 1 COMMONWEALTH OF VIRGINIA ' ‘,"",„4,-- •./ MY COMMISSION EXPIRES APRIL 30, 2017 [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 5 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA vi.L144.2n, C‘i-b- -(2';t____ THOMAS C.FOLEY COUNTY EXECUTIVE COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: +h The foregoing instrument was acknowledged before me this day of Ma y ,2013 by Thomas C. Foley, County Executive, on behal )./&){t2 of the Coun of Albem rte, Virginia, Grantee. 4 . Notary Publi My Commission Expires:F.. 36 a6 '7 Registration number: 65 °17 8$4:"... '� ' /4 e,%; \AOTAR , •.'�N Approved as to form: Y 1'UBt_IC � •'1 •' �?r'' e • •#253' '• 'P?� ,,r,'� ur+ nA\‘\\ CO ty tor ie3 ' //Nr ;4 ti 6