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Home My WebLink AboutSUB201300132 Easements 2013-10-28This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Va. 22902 Tax Map 32G Parcels 1B -2 -C and 2 =97 This deed is exempt from taxation under Virginia Code 58.1- 811(A)(3). DEED OF EASEMENT THIS DEED OF EASEMENT is made this day of �L. - , 2013 by and between WOODBRIAR ASSOCIATES, a New York limited partnership and Briarwood Homeowners Association, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH WHEREAS, the Grantor is the owner of that certain property (hereinafter the "Property" located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New Drainage Easement Hereby Dedicated to Public use" hereinafter the "Easement" on the plat entitled "New Drainage Easement Hereby Dedicated to Public Use across Tax Map 32G Parcel 1B -2 -C and across Tax Map 32G Parcel 2 -97 also Showing The Vacation of a Portion of an Existing Drainage Easement and a Portion of a 14' SWM Access Easement ", recorded in DB 3833, page 263, Briarwood Subdivision, Rivanna Magisterial District, Albemarle County, Virginia, to be dedicated to public use and shown on the plat of Lincoln Surveying dated August 29, 2013, revised September 26, 2013, which is attached hereto and recorded with this deed. Reference is made to the 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 Rio Magisterial District of the County of Albemarle, Virginia, designated as Drainage Easement on the attached Plat being a portion of the property conveyed to the Grantor by deed of Woodbriar Associates dated July 23, 1981, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 722, page 110; 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 Easement; and 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 drainage and 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), cash in hand paid, and other goods and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hoes hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantor, 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 purpose of collecting storm 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. Ri hg_ t 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. 2 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 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 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 paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvement. 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 paragraph 6 except as expressly provided in this paragraph. 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. 3 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 persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantor'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. 4 WITNESS the following signatures. GRANTOR: WOODBRIAR ASSOCIATES By: S -V ASSOCIATES, General Partner By: films Wendell W Wood, Managing er COMMONWEAL OF VIRGINIA City /County of j i C, e The foregoing instrument was acknowledged before me this _� ay of October, 2013 By WENDELL W WOOD. General Partner of S -V Associates, Managing Partner of Woodbriar Associates, Grantor. NENA L HARRELL My Commission Expires: NOTARY PUBLIC REGISTRATION # 1021 COMMONWEALTH OF VIR4 MY COMMISSION EXPII APRIL 30, 2017 ' Notary Public Registration: 1 4 GRANTOR: BRIARWOOD HOMEOWNERS ASSOCIATION BY: Kathy Mall6ry Charmers, President COMMONWEALT CF VIRGINIA City /County of o�u }' The foregoing instrument was acknowledged before me this i day of October, 2013 By KATHY MALLORY CHAVERS, President of Briar ood Homeowners Association, Grantor. tary Public My Commission Expires: 6t�( `� Registration: to at [ NENA L HARRELL NOTARY PUBLIC REGISTRATION # 102181 COMMONWEALTH OF VIRGINIA [SIGNATURES CONTINUE ON FOLLOWING PAGE] W- MY COMMISSION EXPIRES APRIL 30, 2017 5 a L i . GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA By: L Thomas C Foley County Executive The foregoing instrument was acknowledged before me this V 4A day of October ,2013 By Thomas C Foley, on behalf of the County of Albemarle, Virginia, Grantee. • , -Public �, ;519111111///// /x/ My Commission Expires:�,C� aC; I ti,,04"' B. '�'•, Registration Number: 6-5 q #20S ti Approved as to form: i II I f , I A/ �' Cf tt rn 0