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Home My WebLink AboutSP201300003 Easements 2013-02-05 *ur .nri Community Development Document Review County Attorney's Office TO: re ll.-1- iV e_.(c()v) PROJECT NUMBER:S P 2Q ( 3 )r3406 Vef C Z r 31 al-ec1 S l You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination :/ Other: a 1 ( )11-E eci,c)-e ell ern t jThe d ument: is approved is approved with minor edits as noted on the attached is not approved because: : Signatures or acknowledgement need to be redone(see comment below) : Legal description needs to be revised (see comment below) : Other(see comment below) Comment: If the document is approved,was submitted with the applicants' signatures. and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. 41111" Date: 3 Gr'e_ p e D• .u • Co my ttorney 4OF Ai�6 Art-tt lfiln �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development Planning Services 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax(434)972-4126 Date: April 15, 2013 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SP 201300003 Verizon-Simeon Site (Orrock property), PWSF Tier III, Final Site Plan Date Submitted: 4/15/2013 Dear Mr. Kamptner: Stephen Waller, consultant for the applicant, submitted the attached Fall Zone Easement for the above-noted proposed monopole (PWSF Tier III). I have also attached sheets G-1, C-1, C-2 and C-3 of the site plan as supporting information. Please review and let me know if the deed of easement and plat are adequate. Should you have any questions or comments please feel free to contact me. Si erely, r-17 .1�� Brent Nelson, Planner County of Albemarle Department of Community Development Planning Services 401 McIntire Road Charlottesville, VA 22902 bnelson@albemarle.org (434)296-5832, phone ex.3438 (434)972-4126 fax BOYLE, B.AIN, REBACK & SLAYTON Forbes R.Reback Attorneys and Counsellors at La�v Edward II.Bain,Jr. Marshall M.Slayton 420 Park Street (Of Counsel) Timothy I.Kelsey Charlottesville,Virginia 22902 Robert P.Boyle Jonathan S.Woodruff 1nne D.Jenkins Telephone(434)979-7900 (1930-1992) Facsimile(434)977-3298 Jack N.Kegley www,bbrs.net (1927-2012) writer's email:tim.kelsev@ bbrs.net April 9, 2013 Via UPS Ms.Halley Gibson Pennington Law Firm LLC 1501 Main Street, Suite 600 Columbia, SC 22902 RE: Simeon/ PC Law No: 1072-1834 Dear Ms. Gibson: Enclosed please find three (3) original and executed Fall Zone Easement documents. Please return a fu'ly-signed version and the recordation information to me once completed. Please also deliver a check for and payable to"Boyle, Bain, Reback & Slayton" to me at the address below, as I arranged with attorney Kara Cochran in your office. Many thanks in advance for your attention. Sincerely r T' - sey Enclosures cc: (both via email only, with scan of I easement) Jeannette May Cara Cochran, Esq. RECEIVED) APR 1 0 2013 Olv'tI1f LJNJT{ DEVELOPMENT Culpeper Office: Harrisonburg()Rice_ 139\V.Davis Street,#200 57 S.Main Street,#608 Culpeper,VA 22701 Harrisonburg,\'-1 22801 (540)827-4023 (540)437-9896 %110e NS" Simeon CGC/2,7.12 Prepared by and Upon Recording, return to: Pennington Law Firm, L.L.C. Post Office Box 2844 Columbia, SC 29202 STATE OF VIRGINIA EASEMENT FOR FALL COUNTY OFALBEMARLE ) ZONE TAX MAP PARCEL#:09200-00-00-00500 THIS EASEMENT is made and executed between JEANETTE MAY F/K/A JEANETTE ORROCK, having a mailing address of 5331 Louisa Road, Keswick, Virginia 22947, hereafter designated GRANTOR and CELLCO PARTNERSHIP D/BIA VERIZON WIRELESS, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated GRANTEE. WHEREAS, GRANTEE has entered into a Land Lease Agreement (the "Agreement") with GRANTOR for the lease of that certain parcel of property located at 1240 Thomas Jefferson Parkway, Charlottesville, Albemarle County, Virginia, as identified on the Tax Map of Albemarle County as Tax Parcel Number 09200-00-00- 005A(the "Lease Site"). WHEREAS, GRANTOR also owns property adjacent to the property where the Lease Site is located (the "Adjacent Property"). GRANTOR's Adjacent Property is shown on the Tax Map of Albemarle County as Tax Parcel Number 09200-00-00- 00500, and being further described in Will Book Number 79 at Page 310 as recorded in the Office of the Clerk of Court for Albemarle County. • WITNESSETH: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that GRANTOR for good and valuable consideration has granted, bargained, sold and released, and by these Presents does grant, bargain, sell and release, unto the GRANTEE, its successors and assigns, a nonexclusive easement (the "Fall Zone Easement Area"), for the purpose of a fall zone, which is required by Albemarle County Code (the "Zoning Ordinance"), over that area of its property being in a circular shape, with a radius of ninety-seven (97') feet, and covering that real property being substantially as described as follows, to wit: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN PROVISIONS 1. It is the intent of this Easement for Fall Zone to convey to GRANTEE a non- exclusive easement for the purposes as set forth herein over the entire Fall Zone Easement Area. However, to the extent the grant made hereby shall fail in any respect, or is held to be invalid, in whole or in part, including but not limited to the effectiveness of the grant made hereby, this Easement for Fall Zone shall continue in full force and effect to the full extent of GRANTOR's interest in and to any part of the Fall Zone Easement Area. 2. GRANTEE, its agents, independent contractors, subtenants, licensees, tenants and invitees shall have the use of the Fall Zone Easement Area as described herein for the purpose of satisfying the Zoning Ordinance. 3. GRANTEE nor GRANTOR shall make no improvements within the Fall Zone Easement Area. 4. The term of this Easement for Fall Zone shall be equal to and shall correspond with the term of the Lease Agreement, as it may be amended from time to time, entered into by GRANTEE and GRANTOR. Upon the termination of the Lease Agreement, this Easement for Fall Zone shall terminate ninety (90) days thereafter. In the event GRANTEE purchases the Lease Site, the easement and right of way hereby granted shall be perpetual. 5. GRANTOR covenants that GRANTOR is seized of good and sufficient title and interest to the Fall Zone Easement Area and has full authority to enter into and execute this Easement for Fall Zone. GRANTOR further covenants that there are no other liens, judgments or impediments of title on the Fall Zone Easement Area or affecting GRANTOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Fall Zone Easement Area by the GRANTEE as set forth above. 2 'Irrr► Iwo 6. It is agreed and understood that this Easement for Fall Zone contains all agreements, promises and understandings between the GRANTOR and GRANTEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the GRANTOR or GRANTEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Easement for Fall Zone shall be void and ineffective unless made in writing and signed by the parties. 7. This Easement for Fall Zone and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State in which the Fall Zone Easement Area is located. 8. This Easement for Fall Zone shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. TOGETHER with all and singular the Rights, Members, Hereditaments and Appurtenances to the Fall Zone Easement Area belonging, or in anywise incident or appertaining. TO HAVE AND TO HOLD, all the interests, rights, and privileges herein granted in and to the Fall Zone Easement Area before described unto the GRANTEE, its Successors and Assigns, for the term as stated herein, it being agreed that said Easement for Fall Zone shall run with and be appurtenant to the Lease Site and the Lease Agreement of GRANTEE. THE GRANTOR does hereby bind the GRANTOR and the GRANTOR'S heirs, successors or executors and administrators, to warrant and forever defend all and singular the said Fall Zone Easement Area unto the GRANTEE and the GRANTEE'S Successors and Assigns against the GRANTOR and the GRANTOR'S Heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof. Any reference in this instrument to the plural shall include the singular, and vice versa. Any reference to one gender shall include the others; including the neuter. Such words of inheritance shall be applicable as are required by the gender of the GRANTEE or GRANTOR. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. [SIGNATURES APPEAR ON FOLLOWING PAGE} 3 • ..r IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this instrument under seal effective as of the q day of CIor 201x. Signed, Sealed and Delivered in the Presence of the Following: GRANTOR: By: \J.,avOlie._ it, Jeanette May STATE OF \ )ig.61I'ilA ) C k1\1 ) ACKNOWLEDGMENT COUNTY OF C HAR.W SIl+Q,t ) I, i '1 , a Notary Public for said County and State, do hereby certify that Jeanette Mayk personally came before me this day and acknowledged that she executed the foregoing Instrument as her own act and deed. Witness my hand and official seal, this day of APL- ,��au,uur�,,,/ ``��```tNNt i v.44, '11/, P nt N* e: 'r i M i;4'CSf y `.;,��5;.0- "'�;F'• F Notary Public _ :RE STRATTON o < 6244 My Commission Expires: C� l' 7015 %°82EXPIRES.i [AFFIX NOTARIAL STAMP-SEAL] /Oil ' Pua\-\C``\\\\ 4 i• r .ter GRANTEE: CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS By: David R. Heverling Its: Area Vice President Network STATE OF MASSACHUSETTS ) ACKNOWLEDGMENT COUNTY OF WORCESTER ) I, , a Notary Public for said County and State, do hereby certify that DAVID R. HEVERLING personally came before me this day and acknowledged that he is the Area Vice President Network of CELLCO PARTNERSHIP, LLC D/B/A VERIZON WIRELESS, and that he, as Area Vice President Network, being authorized to do so, executed the foregoing Instrument on behalf of CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS. Witness my hand and official seal, this day of , 2011. Print Name: Notary Public My Commission Expires: [AFFIX NOTARIAL STAMP-SEAL] 5 'err r.rs EXHIBIT A [DESCRIPTION OF FALL ZONE EASEMENT AREA] 6 • *%11110e Noe • EXHIBIT A (10FH of.2,53m00- 4,004-■=,=0 —0 meiK -0e) :og ipErpwmr*r ° 119 2 _, F5 o 0 co,-- m0,0 1.,>ow6o0B2s2. 0 to ,om>9.m.p.so,izi2-t'i° gw ,m0 ul 0 _.. 2m0*- 00CEm M m l'' lr.Z r- FimMZ /.0..M ,E Y, A'7 - g Om ,mE0u,m06,m f", w c.),..Ain. 5•-110 cm c =rT,'" 0 =MMn,2(4X3.MM,9''.1. -. 1:0 0Co107.C, e, ,, ,'* C,E-,, HMErM9,-,=,10-'6.MVM 0 C'00_,M ... k---' 0 X)-4= ("'0'-'4EAC .5.,. 10 .-" o-Ez..2v-- .. Mpr0 ,4,kx■ ' mo=±com ,-,' mco z -c m,..., 0 IN . 0 0 z>L71m,o--1 g mm .... m=m8530°x0mmozA ri.,AmMGY1 F. 1.") 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