HomeMy WebLinkAboutSDP201300033 Easements 2013-06-03 ~~~~~~~-_ - '~_
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Prepared By:
Kurt J. Krueger,Esq.
McGuireWoods LLP
310 Fourth Street N.E.,Suite 300
Charlottesville,Virginia 22902
Virginia State Bar No.24136
Albemarle County TMP 78-21 B
The existence of title insurance is unknown
EXEMPT FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3),
58.1-811(C)(5)and 58.1-811(H)OF THE CODE OF VIRGINIA(1950)
This DEED OF DEDICATION, EASEMENT, AND RELEASE, made this 12th
day of December, 2013 by and between JOHN R. THACH, SUCCESSOR TRUSTEE OF
THE COLLETT M. THACH TRUST, UNDER TRUST AGREEMENT DATED AUGUST
24, 2009, AND JOHN R. THACH, SUCCESOR TRUSTEE OF THE EDITH C. THACH
TRUST, UNDER TRUST AGREEMENT DATED AUGUST 24, 2009 (collectively, the
"Property Owner") and RIVANNA WATER AND SEWER AUTHORITY, a body politic and
corporate created pursuant to the Virginia Water and Waste Authorities Act, whose address is
695 Moores Creek Lane, Charlottesville,Virginia 22902 (the"Authority").
WITNESSETH:
WHEREAS, the Authority has requested and Property Owner has agreed to Dedicate
unto the grantee that certain portion of property described as "Lot "X" and shown on the plat
attached hereto and recorded herewith entitled "BOUNDARY LINE ADJUSTMENT
PROPERTIES OF COLLETT M. THACH TRUST & EDITH C. THACH TRUST AND
RIVANNA WATER AND SEWER AUTHORITY",prepared by Draper Aden Associates, dated
September 5th,2013 (the"Plat"),and;
WHEREAS, this conveyance is made subject to all easements, restrictions, reservations
and other matters contained in duly recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the property hereby conveyed, which have not expired
by limitation of time contained therein or have not otherwise become ineffective and any lien,
inchoate or otherwise, for real estate tax or assessments not yet due and payable, and;
WHEREAS, the Authority has requested and Property Owner has agreed to record new
subterranean and access easements in conjunction with the New Rivanna Pump Station and
Rivanna Interceptor Tunnel project as shown on the plat attached hereto and recorded herewith,
the Plat,and;
WHEREAS, by deed dated the 3 day of March, 1977, and recorded in the Clerk's
Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 617, page 96,
Security Storage and Van Lines, Inc. conveyed to the Authority an easement to install, maintain
and access certain sewer improvements as more particularly described on the Plat as "Existing
Permanent 40' RWSA Sewer Easement"(the"Existing Easement"), and;
WHEREAS, as shown on the Plat, the dedication, subterranean and access easements,
and Existing Easement cross portions of the property conveyed to Property Owner by deed dated
August 27, 2009, and recorded in the Clerk's Office of the Circuit Court of the Albemarle
County in Deed Book 3790, page 451, and Property Owner is the fee simple owner of the said
property as of the date hereof.
AGREEMENT:
NOW,THEREFORE, for and in consideration of the sum of ONE DOLLAR($1.00)and
other good and valuable consideration, the receipt of which is hereby acknowledged, Property
Owner and the Authority hereby covenant and agree as follows:
1. Recitals. The recitals set forth above are true and accurate and are incorporated
herein by this reference.
2
2. Dedication of Property. Property Owner does hereby GRANT, BARGAIN,
SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto the Authority a piece of real
property, the location and size of the dedication hereby granted being more particularly described
and shown on the Plat as "Lot "X"to be dedicated to Rivanna Water and Sewer Authority, 2985
Sq. Ft., 0.069 Ac.", which Lot X shall be added to and become a portion of the Authority's other
property designated as County of Albemarle Tax Map 77, Parcel 40A (the "Dedication").
Reference is made to the Plat for the exact location and dimension of the Dedication hereby
granted.
3. Grant of Subterranean Easement. Property Owner does hereby GRANT and
CONVEY with SPECIALWARRANTY OF TITLE unto the Authority a perpetual right of way
and subterranean easement to construct, install, operate, maintain, repair, replace, relocate and
extend a tunnel and a sewer line consisting of pipes, equipment, and appurtenances to such pipes
and equipment, under and through the real property of Property Owner located in the County of
Albemarle, Virginia, the location and width and top elevation of the subterranean easement
hereby granted and the boundaries of the property being more particularly described and shown
on the Plat as"Proposed Subterranean Easement, 16,076 SQ. FT.,Top of Subterranean Easement
Elevation is 326.0 FEET" (the "Subterranean Easement"), the depth of which is shown on the
attached "Rivanna Pump Station Civil Plan and Profile" dated August, 2013 prepared by Hazen
and Sawyer(the"Plan"). Reference is made to the Plat and the Plan for the exact location, depth
and dimension of the Subterranean Easement hereby granted and the property under which the
same crosses.
4. Grant of Access Easement. Property Owner does hereby GRANT and CONVEY
with SPECIAL WARRANTY OF TITLE unto the Authority a non-exclusive, perpetual right of
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way and easement for access to any other adjacent easement or piece of real property held by the
Authority,the location and size of the access easement hereby granted and the boundaries of the
property being more particularly described and shown on the Plat as "Proposed 20' Permanent
Access Easement, 11,824 SQ. FT." (the "Access Easement"). Reference is made to the Plat for
the exact location and dimension of the Access Easement hereby granted and the property over
which the same crosses.
5. Subterranean Easement Obstructions. Property Owner, its successors or assigns,
may use the property as it is now being used and for any other purposes not requiring subsurface
rights that would interfere with the Authority's use of the Subterranean Easement. Property
Owner, its successor or assigns further agree that no boring, excavation, structure or any other
disturbance shall extend below elevation 326.0 feet, North American Vertical Datum of 1988
(NAVD88) (directly above the full length and width of the Subterranean Easement) and the
maximum allowable surcharge load (excluding existing soil and water pressures) within the
Subterranean Easement shall not exceed 3,000 pounds per square foot, at elevation 326.0 feet,
North American Vertical Datum of 1988 (NAVD88) (directly above the full length and width of
the Subterranean Easement) and shall at all times conduct activities on the property so as not to
interfere with, obstruct or endanger any improvements or other facilities now or hereafter
maintained by the Authority in the Subterranean Easement, or in any way interfere with, obstruct
or endanger the Authority's use of the Subterranean Easement.
6. Subterranean Easement Access and Maintenance. As part of the Subterranean
Easement, the Authority shall have the right to enter under the surface of the above-described
property within the Subterranean Easement for the purpose of installing, constructing, operating,
4
maintaining, repairing, replacing, relocating and extending the sewer line and appurtenances
thereto,within the Subterranean Easement.
7. Ownership of Facilities. The facilities constructed within the Subterranean
Easement shall be the property of the Authority, its successors and assigns, which shall have the
right to inspect, rebuild, remove, repair, improve and make such changes, alterations and
connections to or extensions of its facilities within the boundaries of the Subterranean Easement
as are consistent with the purposes expressed herein. The Authority's use of the Subterranean
Easement is not anticipated to cause noise or vibration noticeable upon the property. Should
noise or vibration caused by the Authority's use of the Subterranean Easement exist upon the
property of the Property Owner, the Authority shall take prompt action to correct the condition
so that noise or vibration is not noticeable on the property of the Property Owner, The Authority
agrees to repair any surface damage to the property caused by the exercise of the Authority's
easement rights or construction or operation of the Authority's facilities within the Subterranean
Easement at any time, except to the extent caused by the failure of Property Owner or its
successors and assigns to comply with the requirements of paragraph 4 above.
8. Mineral Reservation. Property Owner, for itself and its successors and assigns,
expressly reserves all oil, gas and other minerals owned by Property Owner in, under and on the
property outside of the Subterranean Easement,provided that Property Owner, its successors and
assigns shall not drill or excavate for minerals in any manner that would adversely affect,
interfere with or disturb the Authority's use of the Subterranean Easement.
9. Use of Access Easement. The Access Easement shall not be the primary means
of access to property of the Authority. The Property Owner, its successors, assigns and invitees
5
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may use the Access Easement for ingress and egress to the property of the Property Owner,
provided that they neither obstruct nor damage any road within the Access Easement.
10. Access Easement Obstructions. Property Owner, its successors or assigns, agree
that trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not
be located within the Access Easement. The Access Easement shall include the right of the
Authority to cut any trees, brush and shrubbery, remove obstructions and take other similar
action reasonably necessary to provide economical and safe access. Except as provided for in
that certain Compensation Agreement entered into by and between Property Owner and the
Authority prior to the recordation of this Easement Agreement, the Authority shall have no
responsibility to Property Owner, its successors or assigns, to replace or reimburse the cost of
trees,brush, shrubbery, or other obstructions located in the Access Easement if cut or removed or
otherwise damaged.
11. Access Easement Access and Maintenance. As part of the Access Easement, the
Authority shall have the right to enter upon the above-described property within the Access
Easement for the purposes of permanent access to the Authority's property and for installing,
constructing, operating, maintaining, repairing and replacing the road within the Access
Easement. If the Authority is unable, for reasons beyond its control, to reasonably exercise the
right of ingress and egress over the Access Easement, the Authority shall have the right of
ingress and egress over the property of Property Owner adjacent to the Access Easement, on a
temporary basis until such time as the right of ingress and egress over the Access Easement is
restored, provided that the restoration, to the extent such restoration is within the control of the
Authority, is accomplished by the Authority with reasonable promptness, and the Authority shall
6
restore surface conditions of such property adjacent to the right of way as nearly as practicable to
the same condition as prior to the Authority's exercise of such right with reasonable promptness.
12. Relocation of Access Easement. The Property Owner may, at its cost and
expense, relocate the Access Easement and the road within it to other property of the Property
Owner; provided that (i) Property Owner gives the Authority 90 days' prior written notice of its
intent to relocate the Access Easement which notice shall include a plat showing the proposed
location of the relocated Access Easement; (ii) the Authority's access afforded by the relocated
Access Easement shall be reasonable access, at least equivalent to the original Access Easement
and any road constructed thereon by the Authority in terms of width, turning radii, drainage,
slope, load bearing capability and surface treatment; (iii) the relocated Access Easement shall
connect with the Authority's property in the exact same location as the original Access Easement
and (iv) the relocated Access Easement is accessible from a public road or street permitting
commercial and truck traffic. The Property Owner will, at its cost and expense, prepare and
record an easement for the benefit of the Authority with a plat showing the relocated the Access
Easement, in form and substance reasonably satisfactory to the Authority and with the same
rights and privileges granted to the Authority hereunder, and upon recordation of the same and
construction of the road by the Property Owner on the relocated Access Easement in accordance
with the terms hereof, the Authority agrees to execute a quitclaim deed to the Property Owner to
vacate the original Access Easement.
13, Release of Existing Easement. Effective at such time as the Project is finally
complete and fully operational, the Authority hereby SURRENDERS, QUITCLAIMS,
RELEASES and CONVEYS unto Property Owner all of its rights, title and interest in and to the
Existing Easement. The existing sewer line and appurtenances thereto within such abandoned
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portion of the Existing Easement shall be abandoned in place. In conjunction with the
abandonment, the Authority shall fill the sewer line with flowable fill. If requested by the
Property Owner, its successors or assigns, at or after the abandonment of the Existing Easement,
the Authority shall execute such other recordable documents as may be reasonably required to
evidence such abandonment.
[SIGNATURES ON FOLLOWING PAGES]
8
Near' „fir
WITNESS the following signatures and seals:
PROPERTY OWNER:
, '" (SEAL)
JO ),-/'.THACH,S SOR TRUSTEE
0- I COLLETT . THACH TRUST,
DER TRUST AGREEMENT DATED AUGUST 24,2009
COMMONWEALTH OF fi �c
COUNTY OF M REE,to wit:
The foregoing instrument was acknowledged before me this /- day of
,„)4eA- ,20 /3 ,by John R. Thach, Successor Trustee of the Collette M. Thach
Trust under Trust Agreement dated August 24,2009.
COMMONWEALTH OF PENNSYLVANIA
li X� 1/lCI. _ Notarial Seal
-
r�i{y 1 Sharon L Danbach,Notary Public
East Whiteland'Nip.,Chester county
Notary Public My Commission Expires?an.12,2014
Membel Pennsylvania AssodatWn of Notaries
My commission Expires. ' /..7 �0/V Commission No.:
PROPERTY OWNER:
, -,a/...'r (SEAL)
J C • R.THACH,SUCCESSOR TRUSTEE
/OF THE EDITH C.THACH TRUST,
NDER TRUST AGREEMENT DATED AUGUST 24,2009
COMMONWEALTH OF
COUNTY OF REM E,to wit:
/e,-- (. i4/)
The foregoing instrument was acknowledged before me this /,P day of
0 ,20 /3 ,by John R. Thach,Successor Trustee of the Edith C.Thach
Trust under Trust Agreement dated August 24,2009.
/ COMMONWEALTH OF PENNSYLVANIA
57.416(A/V- �fiL East Sharon L Danbach,Notary Public
Notary Public ast Whiteland Twp.,Chester County
' My Commission Expires Jan.12,2014
Member,Pennsylvania ksor'lation of Notaries
My commission Expires: C___. /d7 ao/ Commission No.:
9
AUTHORITY:
RIVANNA WATER AND SEWER AUTHORITY
By: (SEAL)
THOMAS L. FREDERICK,JR.
EXECUTIVE DIRECTOR
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE,to wit:
The foregoing instrument was acknowledged before me this day of December,
2013, by Thomas L.Frederick,Jr, as Executive Director of Rivanna Water and Sewer Authority.
Notary Public
My commission Expires: Commission No.:
52381881_7
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Iftre Nome
This document was prepared by:
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville,Virginia 22902
Tax Map and Parcel Number 78-2IA
This instrument is exempt from taxation under Virginia Code§58.1-811(A)(3)
This DEED OF EASEMENT and DEED OF RELEASE, made this 1244 day of
, 2013 by and between LUCY SYDNER COCKE ("Property Owner") and
RIVANNA WATER AND SEWER AUTHORITY, a body politic and corporate created
pursuant to the Virginia Water and Waste Authorities Act,whose address is 695 Moores Creek
Lane,Charlottesville,Virginia 22902(the"Authority").
WITNESSETH:
WHEREAS,by deed dated the 22°d day of February, 1977, and recorded in the Clerk's
Office of the Circuit Court of the County of Albemarle,Virginia in Deed Book 618,page 161,
Glenice D. Leathers conveyed to the Authority an easement to install, maintain and access
certain sewer improvements as more particularly described therein(the"Existing RWSA Sewer
Easement"),]
WHEREAS,in connection with the New Rivanna Pump Station and Rivanna Interceptor
Tunnel (the"Project"), the Authority has requested and Property Owner has agreed to grant a
new easement and upon completion of the Project, the Authority has agreed to abandon the
Existing Easement,as provided for herein.
NOW,THEREFORE,for and in consideration of the sum of ONE DOLLAR($1.00)and
other good and valuable consideration, the receipt of which is hereby acknowledged, Property
Owner and the Authority hereby covenant and agree as follows:
'vow, 441001
1. Grant of Easement. Property Owner does hereby GRANT and CONVEY with
GENERAL WARRANTY of TITLE unto the Authority a perpetual right of way and
subterranean easement to construct,install,operate,maintain,repair,replace,relocate and extend
a tunnel and a sewer line consisting of pipes, equipment, and appurtenances to such pipes and
equipment, under and through the real property of Property Owner located in the County of
Albemarle, Virginia, the location and width and top elevation of the subterranean easement
hereby granted and the boundaries of the property being more particularly described and shown
on the "COMPILED PLAT OF: A PROPOSED SUBTERRANEAN EASEMENT ACROSS
TAX PARCEL 78-21A IN ALBEMARLE COUNTY,VIRGINIA",dated May 3`1,2013,revised
August 20th, 2013 and prepared by Draper Aden Associates (the "Subterranean Easement"), a
copy of which plat(the "Plat") is attached hereto. Reference is made to the Plat for the exact
location and dimension of the Subterranean Easement hereby granted and the property over
which the same crosses.
2. Easement Obstructions. Property Owner, its successors or assigns, may use the
property as it is now being used and for other purposes not requiring subsurface rights that would
interfere with the Authority's use of the Subterranean Easement area. Property Owner, its
successor or assigns further agree that no boring,excavation, structure or any other disturbance
shall extend below elevation 326.0 feet, North American Vertical Datum of 1988 (NAVD88)
(directly above the full length and width of the Subterranean Easement) and the maximum
allowable surcharge load within the easement area shall not exceed 3,000 pounds per square foot,
at elevation 326.0 feet,North American Vertical Datum of 1988(NAVD88)(directly above the
full length and width of the Subterranean Easement)and shall at all times conduct activities on
the property so as not to interfere with,obstruct or endanger any improvements or other facilities
Now-
now or hereafter maintained by the Authority in the Subterranean Easement area,or in any way
interfere with,obstruct or endanger the Authority's use of the Subterranean Easement.
3. Easement Access and Maintenance. As part of the Subterranean Easement, the
Authority shall have the right to enter upon the above-described property within the
Subterranean Easement for the purpose of installing, constructing, operating, maintaining,
repairing, replacing, relocating and extending the sewer line and appurtenances thereto, within
the Subterranean Easement.
4. Ownership of Facilities. The facilities constructed within the Subterranean
Easement shall be the property of the Authority,its successors and assigns,which shall have the
right to inspect, rebuild, remove, repair, improve and make such changes, alterations and
connections to or extensions of its facilities within the boundaries of the Subterranean Easement
as are consistent with the purposes expressed herein. The Authority's use of the Subterranean
Easement is not anticipated to cause noise or vibration noticeable upon the property. The
Authority agrees to repair any surface damage to the property caused by the exercise of the
Authority's easement rights at any time.
5. Mineral Reservation. Property Owner, its successors and assigns, expressly
reserve all oil, gas and other minerals owned by Property Owner in, under and on the property
outside of the Subterranean Easement,provided that Property Owner,its successors and assigns
shall not drill or excavate for minerals in any manner that would adversely affect,interfere with
or disturb the Authority's use of the Subterranean Easement.
6. Partial Release of Existing Easement. Effective at such time as the Project is
finally complete and fully operational, the Authority hereby SURRENDERS, QUITCLAIMS,
RELEASES and CONVEYS unto Property Owner all of its right,title and interest in and to that
portion of the Existing Easement. The existing sewer line and appurtenances thereto within such
abandoned portion of the Existing Easement shall be abandoned in place.
SIGNATURES ON FOLLOWING PAGE
Name w
WITNESS the following signatures and seals:
PROPERTY OWNER:
LUCY S I R 1OCKE
COMMONWEALTH OF VIRGINIA
CITY/G(31:14-Y OF/-} ,.IN. ,to wit:
The foregoing instrument was acknowledged before me this 16A day of
Qc..c.oLj ,20 !3 ,by Gv�1 ..-fQn r C-=�-i'4Cr .
Notary blic
My commission Expires: 8/31/d-01 6 Commission No.: 75 a 4W
oilWilliam Irving Sydnor Jr.
Commonwealth of Wglnia
' Notary 75
Commission No.o.7524480
' "" My Commission Expires 631t2018
AUTHORITY:
RIVANNA I ' •(►�'+1 S: ' AUTHORITY
By: Ilri L�41 (SEAL)
[N. e,title]f 4 pk
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE,to wit:
The foregoing instrument was acknowledged befo me this /c� y of
e.9�(m2�uJ,20 /3 ,by �d( C 2dbt c s) F/"" ,Cth of
Rivanna Water and Sewer Authority.
A/L_�. �_ ., f d lL V
Notary Public i
My commission Expires: /a[3 ib3 Commission No.: o?552-7 a
,:' NOTARY.•••$
Car PUBLIC '•N
REG.#255872 •*
*' MY COMMISSION
/1. 8�T—O�WAY FOR RAILROAD ��� RWSA EASEMENT /
IS SHOWN PER Co. D8 274 Pg. 70. /
THIS CONFLICTS W17f/F/£LD EXISI7N0
MONUMENTAAON AND PLATS OF RWSA EASEMENT 2
RECORD FOR ADJACENT PROPERA£S.
2 50'RIGHT—OF—WAY FOR MARCHANT O Z J�
STREET IS SHOW PER 08 542 Pg. 568
AND 08 261 Pg. 29(POSTED PRIVATE) \ 7�55A-146 //
e
3 C/TY OF CHARLOTTESNLLE/ TAX (C/TY OF
_\ /
ALBEMARLE COUNTY BOBOUNDARY' I o cr CHARLOTTESWLLE) 44 47t. . 1
SCALED PER Co. DB 1007 Pg.506. 1 >, �—c y0
SUBJECT PARCEZ (TM 78-2141 �p 7
IS RECORDED IN ALBE�/ARLE Co. -10.. 121 \ /
4 TOP OF SUBTERRANEAN EASEMENT , �` \ / R(F)
ELEVAAON IS 326.0 FEET. ` y 1 �� .: /
1 A \\// /
RNSANSEW£R ~ / A s
EASEMENT L `k ��v
DB 618 Pg. 161 t / ° R(F) � +
.30
PRaDOSTD SUBTERRANEAN 1\ / P(FL3 `���o
EASEMENT EX/SANG 28'
2,614 SOFT. CHARLOT7ESWILE � L4 \
\P&4%14NE7VT ' ( \
UAL/TY .
EASEMENT �/�
OB 342 Pg. 197 co t/ \#
N. r•' S N' ,(� T\ \
Z trt/ (C01)-TC \
LINE TABLE \ or\ '(5 EE _
L/NE BEARING 0/ST. \k5' 0
11 N2826 41 E 67.84' \ \ 00 c 9 —a \w
12 5345439E 24.71' \�l7 `mss ��‘
13 5254144( 4.95' \� C n � c
6' . J
L4 5254144E 503' VWO \■
�9 R(F)
N.L5 52876 41"W 62.78' \ 7 ��
L6 N124453"W 10.71' / \ '
L7 N72 F4 5�3"W 36 26' \
L8 N124453`W 22.97' ,` R(F) \� R(F)
z L9 N294353 E 66.99' LL,` \ 7M 78-2181
R 110 £3454'39 E 1505' // ��' 1 R(F) (ALBEMARLE Co.)
3 L11 5294353 W 90.83' (,� p % \ \
7
x
CURLE DATA \` • \
H CURVE DELTA RADIUS LENG711 CHORD CHO. EfRG. GRAPHIC SCALE
.. _.... .. 50 0 zs
• Cl 0374'52* 58500' 33.16' 33.16' 52649 75-W 5°
S C2 0256'26" 188.26' 9.66' 9.66' N2725'02.-E
w NOTES: 1"= 50
—This plat hos been prepared without the benefit of a Title Report and T11 O,F
$does not necessarily show all encumbrances on the Title. Vr
L —This plot was compiled from Information token from the Albemarle County,
Virginia and the City of Charlottesville, Virginia Land and Tax records.
COMPILED PLAT AF ! CHERYL A. STOCKTON y
A PROPOSED 30' WDE SUBTERRANEAN Lic, No. 2425
ii EASEMENT ACROSS TAX PARCEL 78-21A IN e .0•-. --(S
ALBEMARLE COUNTY, NRQIN/A lA. A0 FOR:
y R/MANNA WATERPAND SEWER AU7NOR/TY S U gv
8
S ,4=%k Draper Aden Associates DRAWN: HLJ SCALE: 1"=50'
' 01•11%
Engineering• Surveying• Environmental Services CHECKED: CAS DATE: 5/2
700 Harris Street,Suite E Blackabu�g,VA REV. 8/20/2013
5/3/13
0
Charlottesville,VA Richmond,VA PLAN NO. C10138C-11
g 434-295-0700 Fax:434-295-2105 Hampton Roads,VA
Prepared By:
Kurt J. Krueger,Esq.
McGuireWoods LLP
310 Fourth Street NE.,Suite 300
Charlottesville,Virginia 22902
Virginia State Bar No.24136
Albemarle County TMP 78-21B
The existence of title insurance is unknown
EXEMPT FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3),
58.1-811(C)(5)and 58.1-811(H)OF THE CODE OF VIRGINIA(1950)
This DEED OF DEDICATION, EASEMENT, AND RELEASE, made this 12th
day of December, 2013 by and between JOHN R. THACH, SUCCESSOR TRUSTEE OF
THE COLLETT M. THACH TRUST, UNDER TRUST AGREEMENT DATED AUGUST
24, 2009, AND JOHN R. THACH, SUCCESOR TRUSTEE OF THE EDITH C. THACH
TRUST, UNDER TRUST AGREEMENT DATED AUGUST 24, 2009 (collectively, the
"Property Owner") and RIVANNA WATER AND SEWER AUTHORITY, a body politic and
corporate created pursuant to the Virginia Water and Waste Authorities Act, whose address is
695 Moores Creek Lane, Charlottesville,Virginia 22902 (the"Authority").
WITNESSETH:
WHEREAS, the Authority has requested and Property Owner has agreed to Dedicate
unto the grantee that certain portion of property described as "Lot "X" and shown on the plat
attached hereto and recorded herewith entitled "BOUNDARY LINE ADJUSTMENT
PROPERTIES OF COLLETT M. THACH TRUST & EDITH C. THACH TRUST AND
RIVANNA WATER AND SEWER AUTHORITY",prepared by Draper Aden Associates, dated
September 51h, 2013 (the"Plat"),and;
WHEREAS, this conveyance is made subject to all easements, restrictions, reservations
and other matters contained in duly recorded deeds, plats and other instruments constituting
New Now
constructive notice in the chain of title to the property hereby conveyed, which have not expired
by limitation of time contained therein or have not otherwise become ineffective and any lien,
inchoate or otherwise, for real estate tax or assessments not yet due and payable, and;
WHEREAS, the Authority has requested and Property Owner has agreed to record new
subterranean and access easements in conjunction with the New Rivanna Pump Station and
Rivanna Interceptor Tunnel project as shown on the plat attached hereto and recorded herewith,
the Plat, and;
WHEREAS, by deed dated the 3 day of March, 1977, and recorded in the Clerk's
Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 617, page 96,
Security Storage and Van Lines, Inc. conveyed to the Authority an easement to install, maintain
and access certain sewer improvements as more particularly described on the Plat as "Existing
Permanent 40' RWSA Sewer Easement"(the"Existing Easement"), and;
WHEREAS, as shown on the Plat, the dedication, subterranean and access easements,
and Existing Easement cross portions of the property conveyed to Property Owner by deed dated
August 27, 2009, and recorded in the Clerk's Office of the Circuit Court of the Albemarle
County in Deed Book 3790, page 451, and Property Owner is the fee simple owner of the said
property as of the date hereof.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR($1.00)and
other good and valuable consideration, the receipt of which is hereby acknowledged, Property
Owner and the Authority hereby covenant and agree as follows:
1. Recitals. The recitals set forth above are true and accurate and are incorporated
herein by this reference.
2
saw .✓
2. Dedication of Property. Property Owner does hereby GRANT, BARGAIN,
SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto the Authority a piece of real
property, the location and size of the dedication hereby granted being more particularly described
and shown on the Plat as "Lot"X"to be dedicated to Rivanna Water and Sewer Authority, 2985
Sq. Ft., 0.069 Ac.", which Lot X shall be added to and become a portion of the Authority's other
property designated as County of Albemarle Tax Map 77, Parcel 40A (the "Dedication").
Reference is made to the Plat for the exact location and dimension of the Dedication hereby
granted.
3. Grant of Subterranean Easement. Property Owner does hereby GRANT and
CONVEY with SPECIALWARRANTY OF TITLE unto the Authority a perpetual right of way
and subterranean easement to construct, install, operate, maintain, repair, replace, relocate and
extend a tunnel and a sewer line consisting of pipes,equipment, and appurtenances to such pipes
and equipment, under and through the real property of Property Owner located in the County of
Albemarle, Virginia, the location and width and top elevation of the subterranean easement
hereby granted and the boundaries of the property being more particularly described and shown
on the Plat as"Proposed Subterranean Easement, 16,076 SQ. FT.,Top of Subterranean Easement
Elevation is 326.0 FEET" (the "Subterranean Easement"), the depth of which is shown on the
attached "Rivanna Pump Station Civil Plan and Profile" dated August, 2013 prepared by Hazen
and Sawyer(the"Plan"). Reference is made to the Plat and the Plan for the exact location, depth
and dimension of the Subterranean Easement hereby granted and the property under which the
same crosses.
4. Grant of Access Easement. Property Owner does hereby GRANT and CONVEY
with SPECIAL WARRANTY OF TITLE unto the Authority a non-exclusive, perpetual right of
3
way and easement for access to any other adjacent easement or piece of real property held by the
Authority,the location and size of the access easement hereby granted and the boundaries of the
property being more particularly described and shown on the Plat as "Proposed 20' Permanent
Access Easement, 11,824 SQ. FT." (the "Access Easement"). Reference is made to the Plat for
the exact location and dimension of the Access Easement hereby granted and the property over
which the same crosses.
5. Subterranean Easement Obstructions. Property Owner, its successors or assigns,
may use the property as it is now being used and for any other purposes not requiring subsurface
rights that would interfere with the Authority's use of the Subterranean Easement. Property
Owner, its successor or assigns further agree that no boring, excavation, structure or any other
disturbance shall extend below elevation 326.0 feet, North American Vertical Datum of 1988
(NAVD88) (directly above the full length and width of the Subterranean Easement) and the
maximum allowable surcharge load (excluding existing soil and water pressures) within the
Subterranean Easement shall not exceed 3,000 pounds per square foot, at elevation 326.0 feet,
North American Vertical Datum of 1988 (NAVD88) (directly above the full length and width of
the Subterranean Easement) and shall at all times conduct activities on the property so as not to
interfere with, obstruct or endanger any improvements or other facilities now or hereafter
maintained by the Authority in the Subterranean Easement, or in any way interfere with, obstruct
or endanger the Authority's use of the Subterranean Easement.
6. Subterranean Easement Access and Maintenance. As part of the Subterranean
Easement, the Authority shall have the right to enter under the surface of the above-described
property within the Subterranean Easement for the purpose of installing, constructing, operating,
4
maintaining, repairing, replacing, relocating and extending the sewer line and appurtenances
thereto,within the Subterranean Easement.
7. Ownership of Facilities. The facilities constructed within the Subterranean
Easement shall be the property of the Authority, its successors and assigns, which shall have the
right to inspect, rebuild, remove, repair, improve and make such changes, alterations and
connections to or extensions of its facilities within the boundaries of the Subterranean Easement
as are consistent with the purposes expressed herein. The Authority's use of the Subterranean
Easement is not anticipated to cause noise or vibration noticeable upon the property. Should
noise or vibration caused by the Authority's use of the Subterranean Easement exist upon the
property of the Property Owner, the Authority shall take prompt action to correct the condition
so that noise or vibration is not noticeable on the property of the Property Owner. The Authority
agrees to repair any surface damage to the property caused by the exercise of the Authority's
easement rights or construction or operation of the Authority's facilities within the Subterranean
Easement at any time, except to the extent caused by the failure of Property Owner or its
successors and assigns to comply with the requirements of paragraph 4 above.
8. Mineral Reservation. Property Owner, for itself and its successors and assigns,
expressly reserves all oil, gas and other minerals owned by Property Owner in, under and on the
property outside of the Subterranean Easement,provided that Property Owner, its successors and
assigns shall not drill or excavate for minerals in any manner that would adversely affect,
interfere with or disturb the Authority's use of the Subterranean Easement.
9. Use of Access Easement. The Access Easement shall not be the primary means
of access to property of the Authority. The Property Owner, its successors, assigns and invitees
5
may use the Access Easement for ingress and egress to the property of the Property Owner,
provided that they neither obstruct nor damage any road within the Access Easement.
10. Access Easement Obstructions. Property Owner, its successors or assigns, agree
that trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not
be located within the Access Easement. The Access Easement shall include the right of the
Authority to cut any trees, brush and shrubbery, remove obstructions and take other similar
action reasonably necessary to provide economical and safe access. Except as provided for in
that certain Compensation Agreement entered into by and between Property Owner and the
Authority prior to the recordation of this Easement Agreement, the Authority shall have no
responsibility to Property Owner, its successors or assigns, to replace or reimburse the cost of
trees,brush,shrubbery, or other obstructions located in the Access Easement if cut or removed or
otherwise damaged.
11. Access Easement Access and Maintenance. As part of the Access Easement, the
Authority shall have the right to enter upon the above-described property within the Access
Easement for the purposes of permanent access to the Authority's property and for installing,
constructing, operating, maintaining, repairing and replacing the road within the Access
Easement. If the Authority is unable, for reasons beyond its control, to reasonably exercise the
right of ingress and egress over the Access Easement, the Authority shall have the right of
ingress and egress over the property of Property Owner adjacent to the Access Easement, on a
temporary basis until such time as the right of ingress and egress over the Access Easement is
restored, provided that the restoration, to the extent such restoration is within the control of the
Authority, is accomplished by the Authority with reasonable promptness, and the Authority shall
6
restore surface conditions of such property adjacent to the right of way as nearly as practicable to
the same condition as prior to the Authority's exercise of such right with reasonable promptness.
12. Relocation of Access Easement. The Property Owner may, at its cost and
expense, relocate the Access Easement and the road within it to other property of the Property
Owner; provided that (i) Property Owner gives the Authority 90 days' prior written notice of its
intent to relocate the Access Easement which notice shall include a plat showing the proposed
location of the relocated Access Easement; (ii) the Authority's access afforded by the relocated
Access Easement shall be reasonable access, at least equivalent to the original Access Easement
and any road constructed thereon by the Authority in terms of width, turning radii, drainage,
slope, load bearing capability and surface treatment; (iii) the relocated Access Easement shall
connect with the Authority's property in the exact same location as the original Access Easement
and (iv) the relocated Access Easement is accessible from a public road or street permitting
commercial and truck traffic. The Property Owner will, at its cost and expense, prepare and
record an easement for the benefit of the Authority with a plat showing the relocated the Access
Easement, in form and substance reasonably satisfactory to the Authority and with the same
rights and privileges granted to the Authority hereunder, and upon recordation of the same and
construction of the road by the Property Owner on the relocated Access Easement in accordance
with the terms hereof, the Authority agrees to execute a quitclaim deed to the Property Owner to
vacate the original Access Easement.
13. Release of Existing Easement. Effective at such time as the Project is finally
complete and fully operational, the Authority hereby SURRENDERS, QUITCLAIMS,
RELEASES and CONVEYS unto Property Owner all of its rights, title and interest in and to the
Existing Easement. The existing sewer line and appurtenances thereto within such abandoned
7
portion of the Existing Easement shall be abandoned in place. In conjunction with the
abandonment, the Authority shall fill the sewer line with flowable fill. If requested by the
Property Owner, its successors or assigns, at or after the abandonment of the Existing Easement,
the Authority shall execute such other recordable documents as may be reasonably required to
evidence such abandonment.
[SIGNATURES ON FOLLOWING PAGES]
'Nero Now'
WITNESS the following signatures and seals:
PROPERTY OWNER:
s%z — "�-- (SEAL)
JO /#,. THACH,S SOR TRUSTEE
0- HE COLLETT . THACH TRUST,
DER TRUST AGREEMENT DATED AUGUST 24,2009
vutt. C S o/)
COMMONWEALTH OF COUNTY OF AI BEM:24tRE-E,to wit:
C Xe,sk/ (s/r/)
The foregoing instrument was acknowledged before me this !..-2 day of
20 /3 ,by John R. Thach, Successor Trustee of the Collette M. Thach
Trust under Trust Agreement dated August 24,2009.
'��i��G%� �� COMMONWEALTH OF PENNSYLVANIA
�/l/ Notarial Seal
Sharon L Danbach,Notary Public
East Whiteland Twp.,Chester County
Notary Public My Commission Expires Jan.12,2014
Member,Pennsylvania Association of Notaries
My commission Expires. • /d? 070/5/ Commission No.:
PROPERTY OWNER:
_ ,4■0101...°r (SEAL)
J C ' R.THACH, SUCCESSOR TRUSTEE
THE EDITH C.THACH TRUST,
/OF
NDER TRUST AGREEMENT DATED AUGUST 24,2009
COMMONWEALTH OF
COUNTY OF ., 'Ark-BENI- '24-140L-,E,to wit:
%nits– (s,J)
aThe foregoing instrument was acknowledged before me this /P day of
c_. ,,,Ite,t_ ,20 /3 ,by John R. Thach,Successor Trustee of the Edith C.Thach
Trust under Trust Agreement dated August 24,2009.
/// / COMMONWEALTH OF PENNSYLVANIA
��C Notarial Seal
��jti�/� Sharon L Danbach,Notary Public
Notary Public East Whiteland Twp.,Chester County
My Commission Expires Ian.12,2014
Member,Pennsylvannia Arlarlation of Notaries
My commission Expires: 4112."_,, /.2 010/41 Commission No.:
9
wi.r war`
• AUTHORITY:
RIVANNA WATER AND SEWER AUTHORITY
By: (SEAL)
THOMAS L. FREDERICK,JR.
EXECUTIVE DIRECTOR
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE,to wit:
The foregoing instrument was acknowledged before me this day of December,
2013, by Thomas L. Frederick,Jr. as Executive Director of Rivanna Water and Sewer Authority.
Notary Public
My commission Expires: Commission No.:
523818817
10
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LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease"), is made this 1 day of January,
2014, by and between RIVANNA ASSOCIATES, INC. ("LESSOR"), and RIVANNA
WATER AND SEWER AUTHORITY (the "Authority"), a Virginia public body politic and
corporate ("LESSEE") and provides as follows:
1. LESSOR does hereby lease the Leased Premises (as hereafter defined) unto the
LESSEE for a term of forty(40) months (the "Term") beginning approximately March
1, 2014 (the "Lease Commencement Date")with an option for LESSEE to extend the
Term for up to one (1) year upon written notice to LESSOR at least sixty (60) days
prior to the end of the Term. The Term shall consist of forty (40) full months, plus
any partial month during which the Lease Commencement Date falls.
2. The Leased Premises shall consist of:
Approximately one (1.0) acre of land located at Overhead Door Company of
Charlottesville, 1800 Broadway Street, Charlottesville, Virginia 22902
consisting of open land area and paved access off Broadway Street as shown
on Exhibit "A", dated October 2013, attached hereto and by this reference
incorporated herein.
3. The monthly rental rate for the Term, including any renewal thereof, shall be One
Thousand Two Hundred Fifty and no/100 Dollars per month (the "Fixed Rent").
LESSEE covenants and agrees to pay to LESSOR within fifteen business days after
the Lease Commencement Date the rent for the first month, which shall be a
proportionate amount of the Fixed Rent based upon the number of days in the first
month. After the first month, LESSEE covenants and agrees to pay to LESSOR,
without demand, in advance on the first (1st) day of each month thereafter, the
monthly Fixed Rent. LESSEE shall have no responsibility to pay any real estate
taxes on the Leased Premises.
4. LESSEE shall use the Leased Premises only for construction lay down yard by the
Authority's contractors associated with the New Rivanna Pump Station and Rivanna
Interceptor Tunnel Project.
5. LESSEE and LESSOR agree that, as of the date of execution of this Lease, the
Lease Commencement Date stated herein is estimated and that the actual Lease
Commencement Date will be established based on the Authority's contractor's
actual schedule for the New Rivanna Pump Station and Rivanna Interceptor Tunnel
Project. The LESSEE shall provide the LESSOR ten (10) days advance notice of
the actual Lease Commencement Date based on the contractor's accepted
schedule, and the Term shall be measured from the actual Lease Commencement
Date.
6. LESSEE shall be permitted to provide a fenced, gated and locked lay down area
around the open land area portion of the Premises located at the rear or LESSOR's
property (the "Lay Down Area"). LESSEE shall be permitted to use any existing
fence around the lay down perimeter as part of the fenced Lay Down Area. LESSEE
agrees to restore and repair any damage to any existing fence that occurs during the
Term of this Lease and is due to the fault, act or omission of LESSEE or its
contractor(s). At the end of the Term or termination of the Lease, LESSOR shall be
entitled to request of the LESSEE that the LESSEE's installed fence be left in place
and become the property of the LESSOR or be removed, which request LESSEE
2
will evaluate and make a determination on in LESSEE's sole discretion.
7. As a part of this Lease, LESSOR grants LESSEE a right of access to and over the
existing gates and existing roadbeds necessary and convenient for LESSEE to use
to access the Leased Premises. LESSEE shall use the existing gates and roadbeds
in such a manner as not to damage, block the existing gates or roads or endanger
the facilities of LESSOR, and shall keep the LESSOR's gates locked when
requested by LESSOR.
8. LESSEE shall be permitted to trim and/or cut any and all trees and vegetation within
the Lay Down Area. LESSEE will not be responsible to the LESSOR to replace any
trees or vegetation cut or removed in the Lay Down Area.
9. LESSEE shall perform all work in accordance with state and local erosion and
sediment control requirements. The Lay Down Area in the Leased Premises will be
fine graded (top 12" of soil with Harley rake) and hydro seeded by LESSEE at the
end of the Term.
10.LESSOR shall have no responsibility for any vehicles, equipment, or other items
placed by LESSEE on Leased Premises. LESSEE or its contractor(s) shall be
responsible for security of all items placed by LESSEE or its contractor(s) on the
Leased Premises.
11.LESSEE shall comply with all federal, state, and local government laws and
regulations applicable to the use of the Leased Premises.
12.LESSEE shall repair or replace all property of LESSOR which is damaged by
LESSEE, its contractors, invitees and guests during the Term of this Lease.
LESSOR shall not disturb or in any way interfere with or impede LESSEE's access
3
to and use of the Leased Premises during the Term of this Lease, and agrees to
repair or replace any property of LESSEE, its contractors, invitees and guests
located on the Leased Premises which LESSOR, its officers, directors, employees,
invitees or guests damages in any way.
13.LESSEE shall not assign this Lease nor sublet the Leased Premises without the
prior written approval of LESSOR, which shall not be unreasonably withheld,
delayed or denied.
14.In the event of any failure by LESSEE to comply with any of the provisions or
conditions hereof, including but not limited to the failure to pay Fixed Rent when due,
LESSOR shall give LESSEE written notice of such failure, and LESSEE shall have
five (5) working days after receipt of such written notice to cure such failure. In the
event LESSEE does not cure such failure within such five (5) working days, then
LESSOR may correct such failure and LESSEE shall promptly reimburse LESSOR
for the cost thereof.
15.All notices, requests, demands and other communications required or permitted to
be given hereunder shall be deemed to have been duly given if in writing and
delivered personally, or mailed first class, postage prepaid, registered or certified
mail, as follows:
If to LESSOR: Rivanna Associates, Inc.
1800 Broadway Street
Charlottesville, VA 22902
Attention: Wayne Shaner
If to LESSEE: Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, VA 22902
Attention: Thomas L. Frederick
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In the case of any change of such mailing address, the party so changing a mailing
address shall give notice thereof to the other party in the manner provided in the
foregoing section. In the absence of any such notice, notice mailed in accordance
with the foregoing section shall be deemed sufficiently given and served for all
purposes.
16. Should any one or more of the terms, provisions, covenants, or conditions of this
Lease be held to be void, invalid, illegal or unenforceable in any respect, the same
shall not affect any other term, provisions, covenant, or condition of this Lease, but
the remainder hereof shall be effective as though such term, provision, covenant, or
condition had never been contained herein.
17. In exercising the rights granted by and undertaking activity pursuant to this Lease,
LESSEE shall act in accordance with the laws of Virginia and any other
governmental body, state or federal having jurisdiction over such matters.
18. Upon the termination of this Lease, LESSEE shall, at its own expense, leave the
Leased Premises in the condition in which it was at the start of the Term, normal
wear and tear excepted..
19. Upon the termination of this Lease, LESSEE agrees to provide repaving of the
entrance/driveway portion of the Leased Premises at the width shown on Exhibit 'A'
as needed to restore it to the condition in which it was at the start of the Term.
20. LESSEE shall be permitted to terminate the Lease upon sixty (60) days prior written
notice for its convenience; provided, however, that the date of termination in such
event shall be no earlier than the date upon which all of LESSEE's and its
contractors, materials and equipment have been removed from the Leased
5
Premises and LESSEE has made all repairs and restorations required by Lease to
the Leased Premises. In the event of such termination by LESSEE, it shall pay the
LESSOR the Fixed Rent applicable until the effective date of the termination, make
any repairs and/or restorations required by this Lease, and vacate the Leased
Premises, and thereafter shall have no further obligations under this Lease.
21. All terms used herein shall be of such number and gender as the context may
require. This Lease shall be construed in accordance with the laws of the
Commonwealth of Virginia. This Lease contains the entire agreement of the parties
with respect to the subject matter hereof and all oral agreements are hereby merged
herein. This Lease shall be binding upon and inure to the benefit of the parties
hereto and (except as otherwise provided herein) their respective heirs, legal
representatives, successors and assigns.
[signatures appear on following page]
6
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on
their behalf by their duly authorized representatives as of the date first above written.
LESSOR
Rivanna Ass i 1
By: 8.,•,,L
Name: AtA4 VV V40914/
Title:
LESSEE
Rivann and-Sewer Authority
„e-
By ��
Name. ru►• ► 1.-
Title: �sth\n- Dwcd4e
7
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EXHIBIT A
Drawing of Leased Premises
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