HomeMy WebLinkAboutARB200800169 Landscape and Grading Easement 2009-09-30r
LANDSCAPE & GRADING EASEMENT
This Landscape & Grading Easement (the "Agreement ") dated this 8th day of September,
2009, by and between 3 -D Pantops LLC (the "Grantor "); and Altus Pantops 250 LLC, (the
"Grantee ");
Witnessed:
WHEREAS, Grantee or its assigns will develop certain property in Albemarle County,
Virginia, more particularly described as Albemarle County Tax Map 78 -- 55AA; and
WHEREAS, as part of this development, Grantee will be re- grading and installing certain
landscaping along the southeastern property line of the adjacent parcel owned by the Grantor
described as Tax Map 78, Parcel 12B (the "Rite Aid parcel "); and
WHEREAS, Grantor has agreed to allow Grantee or its agents a landscape & grading
easement upon that certain property of Grantor more particularly described on Exhibit A attached
hereto and made a part hereof.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) cash in hand paid, and other
valuable consideration, the receipt of which is acknowledged, Grantor does hereby grant and covey
unto Grantee, its successors and assigns, the following described easement, to -wit:
This non- exclusive landscape & grading easement area is hereby described in Exhibit A, as
indicated within the hatched line area, as approximately 18 feet in width along the southern portion
of the eastern boundary 1 ine of Grantor's property.
This easement shall be consistent with the Architectural Review Board and the Site Plan
Approvals by Albemarle County of the Grantee's property to develop a Wachovia Bank branch.
Grantee agrees to install, maintain and/or restore any improvements located within or
adjacent to this easement area and to repair or replace any actual damages which may occur because
of their landscaping or grading activities to any improvements, piping, paving or other structures
directly or indirectly caused by Grantee, it's Assigns, Tenant or its agents in the exercise of any
rights granted herein.
WITNESS the following signatures and seals.
Grantor: 3 -D Pantops LLC
By: East Side Acres LLC, its Sole
Membe
Grantee: Altus Pantops 250 LLC
By: Dudrow & Scott LLC, its Sole
Memb
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Exhibit A