HomeMy WebLinkAboutSUB201300057 Easements 2013-10-29This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Numbers:
08900 -00 -00 -09500
09000 -00 -00 -00300
09000 -00 -00 -04500
09000 -00 -00 -04600
09000 -00 -00 -04700
09000 -00 -00 -04800
This deed is exempt from taxation under Virginia Code § 58.1- 811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this day of
2013 by and between TRIUMPH WHITTINGTON, 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 located in Albemarle
County, Virginia, more particularly described as, follows:
That certain real property shown and designated on the plat of Dominion Engineering,
dated April 23, 2013, and last revised on July 10, 2013, entitled Whittington Subdivision,
Phase A, recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia in Deed Book ,page , also being the same property conveyed to the
Grantor by deed of , recorded in said
Clerk's Office in Deed Book , page (hereinafter, the "Plat "): Reference is
made to the Plat for a more particular description of the easement conveyed herein.
WHEREAS, the property which is the subject of this Deed of Dedication and Easement (the
"Property" or the "Easement ") is described further as those portions of certain lots or parcels of
land situated in the Samuel Miller Magisterial District of the County of Albemarle, Virginia,
designated as "Public Drainage Esmt.," "20' Public Drainage Esmt.," and "20' Drainage Esmt."
on the Plat; 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
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
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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
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. 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
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
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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
persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall
or other structure within the Easement.
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9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may. require.
10. Binding ms. 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.
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WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA,
COUNTY OF ��cc_ , to wit:
TRIUMPH WHITTINGTON, LLC,
a Virginia limited liability company
By: NV Commercial Real Estate Fund I GP
LLC, its Manager
By:
Name: Matthew E. Weber
Title: Managing Member
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Matthew E. Weber, as Managing Member of NV Commercial Real Estate Fund I GP LLC, as
Manager of Triumph Whittington, LLC, whose name is signed to the foregoing instrument,
appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this IS day of , 2013.
My Commission expires:
�a . 31, 2014-
Registration number: v3 V V4-'?
Notary P c
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
COUNTY OF ALBEMARLE, VIRGINIA
�S-JA- e1-
Thomas C. Foley
County.Executive
The foregoing instrument was acknowledged before me this drday of
r pb,e✓ by Thomas C. Foley, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
Notary Public
My Commission Expire o c2617
Registration number: c�-5i}q 5
Approved as to form:
C j! ty A y ney
Me
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