HomeMy WebLinkAboutSUB201300131 Easements 2013-09-10This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number: 05600 -00 -00 -05300
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 July, 2014 by
and between LICKINGHOLE CREEK, 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 developing that certain real property (the "Property ") situated in
the Whitehall Magisterial District of the County of Albemarle, Virginia, consisting of 46.08
acres and and known as Phase I of Westlake Hills Subdivision, all as shown on a plat prepared
by by Roudabush, Gale & Associates, entitled "Subdivision Plat, Westlake Hills, Phase 1, Lots 1
Thru 47 and Plat Combining Tax Map 56 Parcels 53 95A and 95B Whitehall Magisterial District
Albemarle County, Virginia," dated September 3, 2013, last revised January 30, 2014 and
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's
Office ") in Deed Book , page (the "Subdivision Plat"); and
WHEREAS, as a condition of subdividing the Property as shown on the Subdivision Plat,
VDOT is requiring the establishment of a sight distance easement along Jonna Street and
Westhall Drive as each fronts the Property, whose locations are depicted on the Subdivision Plat
as "280' SIGHT ESMT. CLEAR ZONE" and "390' SIGHT ESMT. CLEAR ZONE"
(collectively, 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 Grantee the Easement depicted on the Subdivision Plat, to be located as shown
on the Subdivision Plat for the purpose of establishing and maintaining an unobstructed line of
Version: 5/10113
sight along Jonna Street and Westhall Drive at an elevation of no less than thirty inches above
ground level in conformance with the applicable standards of the Virginia Department of
Transportation ( "VDOT ").
The Easement shall be subject to the following:
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 Grantee to maintain. Grantee 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.
SIGNATURES ON FOLLOWING PAGE
Version: 5/10/13
WITNESS the following signatures:
GRANTOR: LICKINGHOLE CREEK, LLC
By: River Bend Manage nt, Inc., Manager
By: / \
Andrew J. Don ero, Vice President
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF
The foregoing instrument was acknowledged before me this day of
2014 by Andrew J. Dondero, as Vice President of River Bend Management,
Inc., as anager of Lickinghole Creek, LLC, a Virginia limited liability company, GrgaM o%' •.
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Registration number: " r' 0118nd
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 5/10/13
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
COUNTY OF ALBEMARLE, VIRGINIA
Thomas C. Foley
County Executive
The foregoing instrument was acknowledged before me this 46 day of
�,�'G % 2014 by Thomas C. Foley, County Executive, on behalf of the County of
Albemal4e, Virginia, Grantee.
P4,/- �i " Z&.J "
Notary Public
My Commission Expir6 vrt 2 .�o a7o /7
Registration number: o?6- -d 9 9
Approved as to form:
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Version: 5/10/13