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Home My WebLink AboutSUB201300035 Easements 2013-03-12 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 03200-00-00-03300 and 03200-00-00-03400 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF SIGHT DISTANCE EASEMENT THIS DEED OF SIGHT DISTANCE EASEMENT is made this day of , 2013 by and between ESTES PARK, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia ("County"), Grantee. WITNESS: WHEREAS, the Grantor is developing the property shown on the Subdivision Plat Showing Lots 1 thorugh 17 and Lots 57 through 68, Phase I, Estes Park Subdivision, Rivanna Magisterial District Albemarle County, Virginia, dated February 17, 2013, last revised September 30, 2013, a copy of which is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page (the "Property" and the "Subdivision Plat"); and WHEREAS, as a condition of subdividing the Property as shown on the Plat, the Virginia Department of Transportation ("VDOT") is requiring the establishment of a sight distance easement along Regent Street as it fronts the Property, and along Burgundy Lane as it fronts the Property, the location of each being depicted on the Plat as the "NEW SIGHT DISTANCE EASEMENT" (the "Easement"). NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY unto the County the Easement depicted on the Plat, to be located as shown on the Plat for the purpose of establishing and maintaining an unobstructed line of sight along Regent Street and Burgundy Lane at an elevation of no less than thirty inches above ground level in conformance with the applicable VDOT standards. The Easement shall be subject to the following: 1 Version: 10/01/13 1. Structures or plantings more than 30 inches above ground level prohibited. Within the Easement, neither the Grantor nor any successor or assign shall establish structures, facilities or plantings that obstruct the line of sight at an elevation of thirty (30) inches above ground level. Any plantings within the easement area shall only be low growing ground cover or dwarf varieties of plants and shall not exceed twenty-four (24) inches in height. 2. Right of the County and VDOT to maintain. The County and VDOT, and their respective employees, agents, independent contractors, volunteers, successors and assignees, shall have the right to trim, cut and remove trees, shrubbery, fences, structures and other obstructions within the Easement, including any such obstructions existing within the Easement on the date of the grant and conveyance of this Easement, that exceed the height of thirty (30) inches above ground level. This conveyance is made subject to applicable easements, restrictions, covenants and conditions contained in duly recorded deeds,plats and other instruments constructive notice in the chain of title which have not expired by time limitation contained therein or otherwise have become ineffective. 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 Version: 10/01/13 WITNESS the following signatures: GRANTOR: ESTES PARK, LLC, a Virginia limited liability company I'j B : . 4 � By: Alan R. Taylor, ' anager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Charta Ji . The foregoing instrument was acknowledged before me this I day of O 'a , 2013 by Alan R. Taylor, as Manager of Estes Park, LLC, a Virginia limited liability company, Grantor, on behalf of the company. ,,►►►►•oee►,r°, `�pR.AH C Q Notary lic ;`� �i,�' 40< . •�NOTAR? '•.O My Commission Expires: P 13012.0110 p PuBLic ..c) : • REG#7534231 • g 753 yL$1 • :MY MMI; Registration Number: �• :+ ��iRCS SON;:, ?� •. 11/30/2015 •• . O ° SIGNATURES CONTINUE ON THE FOLLOWING PAGE °°,;; ;41-3,e ,,,,%"' 3 Version: 10/01/13 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this 0 day of Ce.116 be✓ ,,?o 0 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Aalik12) /6 / Notary Public i`�,s.,0111110/(fo,/'i My Commission Expire ?L Sc c@ 17 �� el tea`®\®®•• .t� A Registration number: c7?6-5 9 A NOT y :�a AUBLIC J • Ap oved a to form: *,„,4471-1 .L. 4? • i Att.rn: 4 Version: 10/01/13 lore' *faro This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 03200-00-00-03300 and 03200-00-00-03400 This deed is exempt from taxation under Virginia Code §58.1-81 l(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this day of , 2013 by and between ESTES PARK, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: 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 "NEW 20' DRAINAGE EASEMENT," "NEW VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT," "NEW VAR. WIDTH PERMANENT DRAINAGE EASEMENT," "NEW PERMANENT DRAINAGE EASEMENT," "NEW 28' PERMANENT DRAINAGE EASEMENT" and "NEW 20' PERMANENT DRAINAGE EASEMENT" each to be dedicated to public use, shown on the Subdivision Plat(as defined below), a copy of which is attached to a Certificate of Plat recorded immediately prior hereto (hereinafter, collectively,the "Easement"). Reference is made to the Subdivision Plat for a more particular description of the easement 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, designated as Lots 1 through 17 and Lots 57-68, Phase I, of Estes Park Subdivision on a plat by Lincoln Surveying, dated February 27, 2013, last revised September 30, 2013 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page (the "Subdivision Plat"), also being the same property conveyed to the Grantor by deed from (i) Benjamin Estes Johnson (a.k.a. Benjamin Estes Johnson, II) and Patricia Anne Paige (a.k.a. Patricia Anne Page), recorded in said Clerk's Office in Deed Book 4191, page 285 and (ii) Clifford H. Fox, Jr., recorded in said Clerk's Office in Deed Book 4191, page 290; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and Version:5/10/13 Noe 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 Easement established for the purpose of conveying 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 ($10.00), 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 stonu 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 2 Version:5/10/13 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 section 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 conducting routine maintenance as described in Section 6 except as expressly provided in this section. 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 3 Version:5/10/13 Now Nwof 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 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: ESTES PA 1 , LLC w By: Alan R. Taylor, Man.kter COMMONWEALTH O VI NIA CITY/COUNTY OF Chew� o(6v 41`t • The foregoing instrument was acknowledged before me this t day of OG'.7)6e 2A 1 3 by Alan R. Taylor, as Manager of Estes Park, LLC, a Virginia limited liability company, Grantor. l /Z-CWO Notary Public ,` �� ........... eG��= My Commission Expires: <</ 3 0 = , P°�/Ry.�Q% Registration number: _7 53 41 Z ! =o MyC�' 3 :c�• y •. r�3p2rSSO4 <or6 � �Q . SIGNATURES CONTINUE ON THE FOLLOWING PAGE %Nf:� ,�''�F v....G�.•` GRANTEE: COUNTY OF ALBEMARLE, VIRGfN4 80 ,;04e \ :--)-JL14-d^ ThTtil_._/ Thomas C. Foley County Executive 4 Version:5/10/13 *Ole *411101 COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this ,3(5) day of 49€ 1V/ , ,,C J.3 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public �'z'N� ;: 1e�'%, My Commission Expire. / ®� $ Registration number: c,?,d3 qg 'QUBLIG Approved as to form: '%��iiiiitt∎0 4,' I 1 t Co( t; At b•rye I 5 Version:5/10/13 r N,, Prepared by: Williams Mullen 321 East Main Street, Suite 400 Charlottesville, VA 22902 Attention: Mary Katherine McGetrick,Esq. Tax Map Parcels: 03200-00-00-03300 and 03200-00-00-03400 CERTIFICATE OF PLAT On this the of October, 2013, the attached subdivision survey plat prepared by Lincoln Surveying, entitled "Subdivision Plat Showing Lots 1 through 17 and Lots 57 through 68 Phase I Estes Park Subdivision Rivanna Magisterial District, Albemarle County, Virginia" dated February 27, 2013, last revised September 30, 2013, is hereby submitted for recordation to the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, all as duly signed and acknowledged by Estes Park, LLC, a Virginia limited liability company, as the record title holder to the real property thereon as well as the Agent of the Board of Supervisors of the County of Albemarle, Virginia. WITNESS the following signature and seal: ESTES PARK, LLC, a Virginia limited liability company By: (Seal) Alan R. Taylor, fi anager ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing instrument was acknowledged before me on Odokr I , 2013, by Alan R. Taylor, as Manager of Estes Park, LLC, a Virginia limited liability company, on behalf of the company. ill Notary Public My commission expires: /1/30/2-0/ • Qr A iR y, Notary Identifcation Number: Z 5 3 I/2.'/ PL0 G XUC � •53428 :��MpNotary Stamp: y N ;, Oj231 '�e 23481863_1