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Home My WebLink AboutSUB201400120 Easements 2014-11-05Page 1 of 11 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.661 T] n Date of Instrument: [11/4/2014 A Instrument Type: [DEC -PL X R E P Number of Parcels [ 1 ] X Number of Pages [ 10] E M City ❑ [1 County u [Albemarle P T Last Name 010825 Doc ID: 033012770012 TVPe DEE Recorded: 11/04/2014 at 10:31:10 AM Fee Amt: $87.33 Page 1 of 12 Albemarle count C! VAt clerk DFile0 2014h00010825 BK4553PG32 -43 (Box for Deed Stamp Only) Middle Name or Initial I Suffix [WoodbriarAssociates ] [ ] [ ] ( ] r First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ® [WoodbriarAssociates ] [ ] [ ] [ ] ❑ ❑ [ ][ 1[ I[ 1 Grantee Address (Name) [WoodbriarAssociates ] (Address 1) [P O Box 5548 I (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22905 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No ( ] Parcel Identification No (PIN) [ ] Tax Map Num. (if different than PIN) [Tax Map 32G -A and Tax Map 32G -B ] Short Property Description [Lot 2 and Residue; Lots 1 and 3 and Residue ] [ 1 Current Property Address (Address 1) ( ] (Address 2) [ ] (City, State, Zip) [ I [ I [ I Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Brian S. Johnson [Law Offices of Brian S Johnson [Law Offices of Brian S Johnson (820 E High Street [Charlottesville I[VA ][22902 I[ Book: 4553 Page: 32 HeNumber:2014- 00010825 Seq: 1 Page 2 of 11 010825 PREPARED BY: Brian S. Johnson VSB #74484 LAW OFFICES OF BRIAN S. JOHNSON, PLLC Law Offices of Brian S. Johnson PLLC 820 East High Street, Suite A Charlottesville. VA 22902 Tax Map and Parcel Number: 032GO -00 -00 -00100 DECLARATION AND DEED OF EASEMENT THIS DECLARATION is made thisirday of October, 2014, by WOODBRIAR ASSOCIATES (the "Declarant "). WITNESS: WHEREAS, the Declarant is the owner of that certain real property (the "Property ") located in Albemarle County, Virginia, more particularly identified in the County of Albemarle, Virginia tax map 32G, Parcel A, to be subdivided into Lot 2 (1.676 acres) and the Residue (11.140 acres), and Tax Map 32G, Parcel B, to be subdivided into Lots 1 (1.944 acres) and 3 (2.448 acres) and the Residue (4.980 acres), as shown and described on a plat prepared by Lincoln Surveying, dated July 14, 2014, and last revised on October 9, 2014, which is attached hereto as Schedule A and made a part of this Agreement (the "Plat "); and WHEREAS, the Declarant desires to record the Plat to subdivide the Property, as more particularly shown on the Plat (the "Lots" and the "Subdivision "). WHEREAS, the Subdivision has been approved by the County of Albemarle, Virginia (the "County ") to have one or more private streets within the Subdivision as authorized by Albemarle County Code § 14- 233(b)(1), including the proposed private roadways labeled on the Plat as "Boulderview Road" and "Elm Tree Court' (collectively, the "Street" ), and WHEREAS, Albemarle County Code § 14 -317 requires that the Declarant assure the perpetual maintenance of the private streets within the Subdivision as a requirement for approval of the Subdivision, as well as to provide for certain sidewalk easements and to ensure the perpetual maintenance of certain landscaping within the Subdivision; and WHEREAS, the Declarant desires to assure the perpetual maintenance of the Street and to impose obligations on the owner of the Lots and their successors and assigns (the "Owners ") to assure its appropriate maintenance, as well as to grant certain sidewalk easements and to impose an Book: 4553 Page: 32 FileNumber:2014- 00010825 Seq:2 Page 3 of 11 obligation on the Owners to ensure the perpetual maintenance of certain landscaping within the Subdivision; and WHEREAS, the undersigned Declarant is the owner of that certain real estate depicted as a public sidewalk associated with Briarwood Drive which is depicted on the Plat and labeled as "New Variable Width Sidewalk Easement" on Lot 1 and Lot 2 (the "Sidewalk Easement "); and WHEREAS, it is the desire and intent of the Declarant to dedicate, grant and convey the Sidewalk Easement for public use in accordance with this Declaration; and WHEREAS, the undersigned Declarant is the owner of that certain real estate depicted as a "New Variable Width Landscape Easement' ' on Lot 1, a "New 10' Landscape Easement" on Lot 2, a "New 10' Landscape Easement" on Lot 3, and a "New 10' Landscape Easement" on the Residue of TMP 32G -13 (collectively, the "Landscape Easements "); and WHEREAS, it is the desire and intent of the Declarant to dedicate, grant and convey the Landscape Easements for public use in accordance with this Declaration. NOW, THEREFORE, the Declarant declares the following: 1. Minimum standards to which the Street will be maintained in perpetuity. The Street shall be maintained with adequate width and horizontal and vertical alignment as required by Albemarle County Code § 14- 412(b), together with a minimum two (2) inch asphalt surface, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The Street shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions; provided, however, that the Street shall not be required to meet the standards for acceptance into the secondary system of state highways for the State of Virginia to the extent that such standards may exceed the requirements established by § 14- 412(b) of the Albemarle County Code. 2. Maintenance defined. For purposes of this Declaration, "maintenance" includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, all street trees and landscaping located within the Landscape Easements as shown on the Plat, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage for all vehicles, including emergency service vehicles. The term to "maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. 2 Book: 4553 Page: 32 FileNumber:2014- 00010825 Seq:3 Page 4 of 11 3. Cost of maintenance. The Owners shall be responsible for the cost of the maintenance of the Street as shown on the Plat based upon the linear feet of roadway on a parcel owned by an individual Owner divided by the aggregate linear feet of the Street across the entirety of the Property. 4. When to maintain. After the initial construction of the Street, any maintenance of the Street shall be undertaken only by the Declarant for so long as Declarant owns any portion of the Lots, provided that: A. In the event that the Owner (or a majority of the Owners in the event that there is more than one Owner) determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and that Owner gives sixty (60) days prior written notice to the Declarant, that Owner may commence or contract for maintenance or repair to bring the Street to the minimum standard identified in Section 1 and the charges therefore shall be the responsibility of all Owners using the Street; B. In the event that any Owner or its agents, contractors or subcontractors operates heavy equipment over or otherwise causes damage to the Street or any related improvements, that Owner shall promptly repair the damage at its sole cost. C. The prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage for all vehicles, including emergency service vehicles, is an ongoing financial obligation of all of the Owners and for which mutual consent is hereby deemed to be given to Declarant. 5. Defaulting Owner(s). If any Owner fails to pay its proportionate share of the costs of maintenance for which it is responsible as provided herein, Declarant, or any other Owner not in default, may after thirty (30) days written notice to the defaulting Owner bring an action against each defaulting Owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the defaulting Owners to secure the payment of the assessment of an Owner failing to pay its proportionate share of the maintenance costs. A Notice of Lien may be bonded off as provided in Virginia Code § 43 -70 et seq. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance, and 3 Book: 4553 Page: 32 FileNumber:2014- 00010825 Seq:4 Page 5 of 11 the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorney's fees. 6. Public agencies not responsible for maintenance. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. 7. Conveyance of Sidewalk Easement. In consideration of good and valuable consideration, the receipt of which is hereby acknowledged, the Declarant does hereby GRANT and CONVEY unto the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia ( "Grantee "), and its successors and assigns, the Sidewalk Easement of variable width over, through and across that area designated and labeled on the Plat as "NEW VARIABLE WIDTH SIDEWALK EASEMENT." In connection therewith, Declarant, its successors in title and assigns, shall be responsible for the initial construction and thereafter, for the perpetual maintenance of the sidewalk to be located within the above - described pedestrian access easement area, which sidewalk shall be maintained in first class condition, with the same type of surface and construction as originally constructed and to be kept clear of waste, debris, ice, snow, and any obstruction to unrestricted use by the public, except as may reasonably be required in connection with performance of maintenance. The rights granted herein shall not be construed to interfere with or restrict the Declarant and its assigns from any use of the Sidewalk Easement not inconsistent with the terms hereof, nor any construction and/or maintenance of improvements on any property adjacent to the Sidewalk Easement so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of the sidewalk. This conveyance is made expressly subject to all unexpired restrictions, reservations, and easements of record, if any, constituting constructive notice. 8. Perpetual Maintenance of Landscaping. Declarant, and its successors and assigns, shall be responsible in perpetuity for the cost of maintaining the street trees and other landscaping that is installed within the Landscape Easements as shown on the Plat. 9. Perpetual covenants that run with the land. The obligations and benefits of this Declaration are covenants that shall run with the land in perpetuity and shall be binding upon the Owners and their heirs, successors and assigns. SIGNATURE IS ON THE FOLLOWING PAGE 4 Book: 4553 Page: 32 FileNumber:2014- 00010825 Seq:5 Page 6 of 11 WITNESS the following signature on the attached Declaration and Deed of Easement. DECLARANT: WOODBRIAR ASSOCIATES By: S -VV "ASSOCIATES, General Partner By Wendell W. Wood, General Partner COMMONWEALTHgt VIRGINIA AT LARGE CITY /COUNIT to -wit: The foregoing instrument was acknowledged before me by WENDELL W. WOOD, General Partner of S -V Associates, General Partner of Woodbriar Associates, this Z�� day of �ie��i�✓ ,2014. My commission expires: Notary Public NENA L HARRELL NOTARY PUBLIC REGISTRATION # 102181 COMMONWEALTH OF VIRGINIA I(& MY COMMISSION EXPIRES APRIL 30, 2017 Book: 4553 Page: 32 FileNumber:2014- 00010825 Seq:6 Page 7 of 11 The Grantee, acting by and through its County Executive, duly authorized by a resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of the Sidewalk Easement pursuant to Virginia Code § 15.2 -1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA \�7.1 C Thomas C. Foley County Executive The foregoing instrument was acknowledged before me this j 'd day of /Jo Jem& ✓ 2014 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. 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M� 4Q �mmA � � � 1 1-D fA2 I ;m wG m°g- ••�Aw y a Iwy� yy v< m�iD �3 � FF�II� II I m ti m9 0� �o wz�z 1 vm w 39 iOY .Z z�m.II 1 C° U "9'zozw \F9 mmza0 /w pM i [. .o I I II 1 nisi w b` 9�oF eve! Ell e � v I 3o ' II tm w�� M •�% P '� - ~pm ~tea !� m wzm 4� 1 xza_ aam f 1 a� ' o n�pz mod I I m ol voy 39r MIS r ____ _ >m3 ' iv��o am g. I � �vmA•a l'! I II 1 �o �— dWl � .x '' �I V "'"'Fc n• \�\ \ �� F II i0 3nOIS3tl ti �o wasv m ^S� � a, � \ Book: 4553 Page: 32 HeNumber:2014- 00010825 Seq: 10 Page 11 of 11 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON NOVEMBER 4, 2014 at 10:31:10 AM AS REQUIRED BY VA CODE §58.1 -802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE C UNTY, VA EBRAM. SHIPP LERK GC Book: 4553 Page: 32 FileNumber:2014- 00010825 Seq: 11