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Home My WebLink AboutSE202200068 Staff Report 2023-02-15 (9)Attachment H WILLIAM MASSIE SMITH G ECRGE IiARRBO'; GILLIAM W:LL:tiM MAS:."E 5;4;-Hr. n. W. STZ?HE.4 .-i=0 i T ....... E., _..._Ei! CHRIST `:D C.=HAPNAN ROa ERT J. KRONER LA:. FF:C.-_ A PFOFESSIO..AL CORPORATION POST OFFICE BOX 2737 C HAn LJTT ES`✓i LLEr Y7nvl Nir. L2�02 .'!Cti) c:,O-z::Z. .July. 2, l980- M. Clifton McClure, Esq. 415 Fourth Street, M.E. Charlottesville, Virginia 22901 =or-S- Land 1fL51- Dear Clif- 41a EAST WATER STREET C.ARMONDE ?AXSON (1905-1976) Dale_, Craig and T_ :ave spent a great Baal of time trving t c :..-�erlliiia Row be I_ tC IIal:dig the al _ ' age easement iron the COP` over the Trust's larc. Daie� wants very much tO i.2 a ra_ghbor and has examined (and discussed with Alan) a ni:.:ar Of ali:ernatives. Because of the difficulty in arranging sufficient loc_;tions for septic fields, to grant an easemnent along the Lot 138;'--; 9 line ;,could be impractical. Alan has staked what he belie. -es the easement route to be; t._e location of Alan's stakes is ap�,roximattely as shown the r.closad ;•., of or. a subdivision plat.As discussed, there is so.aa evidence of an old way at that loca�-_or, and this with �f'r•�.� .e a__,rcxi_ - ata conforms _o t sRowr. on =' f the County tax map. Daley E 3 -� wl�y ins Ll: mi -k -e_ .- :. _ a:,e an a.: _ JJ :3..L oz an easement, four taatua_; e_ wide o_ c - - :_,.._ n� ce,:._a_ _�„a c_ L:. route shown to the re:... uLty iVLtLC_2wOl _ IS per- �L,� :av ariJa in several e _ _.;ss --_- ::era-. -J : o evidence •+ •• .... -_ ci tbi "y .7aCa`.Sity, u'(' _.:. Ld .iv-,0 year old _ everyore 6 Attachment H M. Clifton McClure, Esq. _LL ._..b Vy`•�.J J_ �...0 .. vi: as g_caos�a. ` Best personal regards. Sincerely, PAXSON, SMITH, GILLIAM a SCOTT By---Ll George H. Gilliam -_it._vtJare cc: S. Daley Craig 7 TM 31 - 45 LUNSFORD L. AYRES O.B. 586 - 536 O.B. 96 - 425 PLAT LOT 142 1 1!91. 70 400.46 ' N33032 '01 f 576°58'19"A, 16 73 D f60 561.36 A ISO"- LOT 141 � LOT 140 MATCLINE TO SNfET IOF3 — SHEET 1223 AC ` 30' 1.338 AC. OAR ` R/.4 e roc 3 GE S55°16.w J12 BJ 171iO3"w�w OPEN SPACE , JQ 410.p0 633.z6 OR/V �.00 L+7734 b LOT 136 a 02 ry 4: 81,53 1.066 AC. ! W S O m LOT 137 a `° TM. 32 - B 't " 1. 316 AC. WILLIAM N. DINGY, JR. '+ N? D.B. 312 - 374 U W P a *,, e° LOT 138 1.534 AC. l0 d + 45-00' /! d • 270-00, R + 47.43 R + 55.00 L • 37.25 L + 259. IB Y T + 13.65 - T — — (1 1 LOT 139 2.921 AC. IRON FOUND TM. 32 - I ALLAN B ADA KINORICK O.B. 618 - 642 PHASE A, SECTION NINE EARLYSVILLE FOREST SCALE: I"-100' DATE: 4 31.86 -_ SHEET 3 OF 3 6101 Attachment H > r ks:• 3 , Attachment M7r 9 0 2 1AO 6 l 9 008891 AGREEMENT, made this 15th day of September, 1986, by and between GEORGE HARRISON GILLIAN, +RUSTEE FOR EARLYSVILLE FOREST LAND TRUST ('Land Trust•), party of the first part, whose sailing address is post office Box 2737, Charlottesville, Virginia 22902, �fK and )LAN KINDRICK and ADA KINDRICK ('Kindrick•), parties of the second part, whose sailing address is Jacob's Run Farm, State Route 743, Earlysville, Virginia 22936. Background. 1. Land Trust owns a certain tract or parcel of land situated near Earlysville in the Rivanna District of Albemarle County, Virginia, containing 119 acres, more or less, which Land Trust acquired by deed dated May 22, 1986, of record in the office of the Clerk of the Circuit Court of Albemarle County, Virginia in Dead Book 879, page 350. 2. Kindrick owns an adjoining tract or parcel of land, containing 254.41 acres, more or lass, which Kindrick acquired by deed dated April 12, 1977 , of record in such Clerk's office in Deed Book 618 , page 642 . 3. By deed dated November 1, 1886, of record in such Clerk's office in Deed Book 87, page 175, a right -of -ray was reserved over a 10 acre parcel of land, being a part of Land Trust's 119 acre parcel of land, for the use and benefit of Kindrick's land. 4. Land Trust and Kindrick disagree as to the exact location and extent of such right-of-way, and have agreed to resolve their differences by specifically defining Kindrick's r 8 Attachment H _... ... . . __. • . k.A1 3'.:i.mo . \..�_: _. ...v..... � ...... .. M 9.0 2 W. O 61 o right -of -ray across Land Trust's property, in exchange for which Kindrick has agreed to release any and all clams to any other rights -of -ray or easements across any property, wherever located, now or formerly owned by Land Trust. Agreement. NOW, TBBRBFORB, WITNBSSBTH, that for and in con- sideration of the premises and of the stint of Ten Dollars ($10.o0) cash in hand paid, the sufficiency and receipt of which is hereby acknowledged, Land Trust and Kindrick mutually covenant and agree as follows: 1. Land Trust and Kindrick agree that there is an easement of right-of-way over and across that certain tract or parcel of land containing 10 acres, more or less, situated in the Rivanna District of Albemarle County, and being the same 10 acre tract of land conveyed to Keith B. Wiley and Mary Sosmer Wiley by deed dated March 7, 1943, of record in such Clerk's office in Deed Book 256, page 46. Said easement is Situated at and along the southern boundary of such 10 acre parcel, being the common boundary between such 10 acre parcel and a parcel of land now owned by William B. Dancy, Jr., and being also the southern boundary of Lots 136, 137 and 138 of Phase A, Section Nine, Barlysville Forest Subdivision as the same is shown on the sub- division map thereof, of record in such Clerk's office in Deed Book 888 , page 489 The easement hereby granted and -2- 9 ern( 9 0 2 ►ACO 6 91 conveyed shall be fifteen (15) feet in width all along such boun- dary line with such line constituting the southern boundary of the easement. 2. Kindrick hereby releases and quitclaims any and all other easements or rights -of -way across any of the properties now or formerly owned by Land Trust. 3. Land Trust hereby grants and conveys to Kindrick, subject to the conditions set forth in items 4 and 5 of this agreement, a permanent, non-exclusive easement of right -of -ray over and across the fifty (50) foot easement reserved by Land Trust in that certain deed dated August 1, 198S, of record in such Clerk's office in Deed Book 849, page 295, together with non-exclusive cut and fill rights for future road construction as reserved in such deed. Such easement of right-of-way is shown on that certain subdivision plat of Section Seven of 8arlysville Forest which is of record in such Clerk's office in Deed Book 849, page 301. Land Trust or its successor in title, upon request by Kindrick or their successor in title, agree to sign any and all documents necessary to dedicate such easement to public use. 4. upon the first use by Kindrick of such fifty (50) foot easement described in item 3, the easement granted and con- veyed in item 1 shall terminate and Kindrick agroas to promptly execute and deliver to Land Trust a deed of abandonment whereby Kindrick will abandon, release and quitclaim all right, title and interest in and to such easement. -3- Attachment H 10 Attachment H w w.f .....Y v< ......•. ..%4w •v ✓w u..l..-V:•.. v.i:.Wi_i: ..l nuW.�Y ��• ..i )•�I fi')•T 5. upon use by Rindrick of such fifty (50) foot eaae- ment described in item 3 for any purpose other than as a personal driveway or farm road serving not more than one residence house and associated farm buildings, Rindrick agrees to undertake, at Rindrick's sole cost and expense, all work then required by the virginia Department of Highways and Transportation to upgrade the roads in the Barlyeville Forest Subdivision due to the additional traffic generated over such roads upon the use by Rindrick of the fifty (50) foot easement to gain access to such roads. 6. The easements conveyed and the covenants and con- ditions contained in this agreement are, and shall be deemed to be, covenants running with the land and shall bind and inure to the benefit of the respective &@signs of and successors in interest to Land Trust and Rindrick. 7. In the event Land Trust (or any entity owned more than 500 by S. Daley Craig) acquires the property now owned by Dancey identified on T. N. 31, Parcel 46, Rindrick shall be entitled to have a 50' easement across said land (upon the same terms and conditions set forth in item 3 above) at a location which will not interfere unreasonably with said Craig's use of said land. WITNESS the following signatures and seals as of ):he day and data first above written. '68ORGE HARRISONILLIAN, Trustee for Barlysville Forest Land Trust -4- Attachment H i• (SEALAbAM ) IINDRICI. aey! Anna no- e 44-L, (SRAL) I�[INDRI OF VIRGINIA CITY OF CHARLOITESVILLE, to -wits The foregoing instrument was acknowledged before se this day of .X , 1986 by George Harrison Gillian, Trustee for Earlysnille Forest Lend Trust. My commission expires: �y Notary Public COMMONWEALTH OF VIRGINIA eisgA 1 "64 f-i alit OF Cam, to -wits The for inq Instrument was acknowledged before so this Z day of 1986 by Alan xindrick and Ada Rindrick. My commission expirest tary PWbIijF- 151 -S- 12 Attachment H x s 9 0 2 rnc50 6 8 h c r vVGM: nv = am's wmE cr m cLR= man' or AtSPNA u muWn: WS DPI WAS PRE MM, AND WMH CERl'D9 ME ARIM, AMaT= iD RMM ice istgo., at Itmag a= M. sousR � I � �,� SM. 58.1-802 TESTS: SDA1E'M (o3S) 5HELBY J. EIARSFiAIL Lm � 0 P LOCAL TAX �- (273) BY: TML. MEN 3 ,.s�• r � a � rh �S � .i A�. •'s iS Z I. , s is S i t f �•. f ..1 `�aa� i wt r � � � N •' tlt"'•i' t,{�5� � 'A! Y44Y1 • Fr � •�� +P�+p�;: � �$ P J � z 1 r r / `, �`gJry,� 3Y '.. ��.�.�1/fti�a.�a�'`r�'r��u �.z , �`� � P► �� '.s'' E � •P �iixi Y 4. tax is Yr •�'3� x.^M91? ��' {ram+ 3• xi df i '.t 3T +� .rti�k�. ii'."} : �� 1•'t8�'' � ' r. :$7 ?yY2•'i $ `P a. Ys F�15 y. � �1" r I ji p�d.,)g. �.t%��, ,�,t�'��a/n •ir�p}�/Y't,P�ti��$` ;�. J ;x�l��d < S � �r v j � ii 5 yg� h y. S} t�1j kT, v f4