HomeMy WebLinkAboutSDP201200025 Legacy Document 2012-06-08 (10)Hardware River
Upon Recording, return to:
Pennington Law Firm, L.L.C.
Post Office Box 2844
Columbia, SC 29202
STATE OF VIRGINIA
EASEMENT FOR FALL
COUNTY OF ALBEMARLE ) ZONE
THIS INSTRUMENT is made and executed between CARL L. VEST, having a
mailing address of 452 Sand Trap Lane, Sugar Hill, Georgia 30518, hereafter
designated GRANTOR and ALLTEL COMMUNICATIONS, LLC D /B /A VERIZON
WIRELESS with its principle office located at One Verizon Way, Mail Stop
4AW100, Basking Ridge, New Jersey 07920, hereinafter designated GRANTEE.
WHEREAS, GRANTEE, or its predecessor -in- interest, has entered into a
Communications Site Option and Land Lease Agreement (the "Lease Agreement ")
with Linda M. Vest for the lease of that certain parcel of property located in or near
Covesville, Virginia, in Albemarle County (the "Lease Site ").
WHEREAS, GRANTOR owns property adjacent to the property owned by
Linda M. Vest. GRANTOR's property is shown on the Tax Map of Albemarle
County as Tax Parcel Number 10900- 00- 00- 043C1, and being further described in
Deed Book Number 1194 at Page 416 as recorded in the Office of the Clerk of
Court for Albemarle County. Grantor's property is identified on the attached Exhibit
A as "Parcel C -2 ".
WHEREAS, GRANTEE intends to replace its currently existing tower with a
ninety -four and one -half (94.5') foot communications tower on the Lease Site, and
the Albemarle County Code (the "Zoning Ordinance ") requires that no development
occur within the Fall Zone Easement Area (as defined below).
WITNESSETH:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that GRANTOR
for good and valuable consideration has granted, bargained, sold and released, and
by these Presents does grant, bargain, sell and release, unto the GRANTEE, its
successors and assigns, a nonexclusive easement (the "Fall Zone Easement Area "),
for the purpose of a fall zone, over that area of its property being in a circular
shape, with a radius of ninety -two and one -half (92.5') feet, and covering that real
property being substantially as described as follows, to wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN
PROVISIONS
1 . It is the intent of this Easement for Fall Zone to convey to GRANTEE a non-
exclusive easement for the purposes as set forth herein over the entire Fall
Zone Easement Area. However, to the extent the grant made hereby shall
fail in any respect, or is held to be invalid, in whole or in part, including but
not limited to the effectiveness of the grant made hereby, this Easement for
Fall Zone shall continue in full force and effect to the full extent of
GRANTOR's interest in and to any part of the Fall Zone Easement Area.
2. GRANTEE, its agents, independent contractors, subtenants, licensees,
tenants and invitees shall have the use of the Fall Zone Easement Area as
described herein for the purpose of satisfying the Zoning Ordinance.
3. As consideration for the Fall Zone Easement Area, GRANTEE shall pay to
GRANTOR a one -time payment of Six Thousand and No /100ths Dollars
($6,000.00) within forty -five (45) days following full execution of this
Easement for Fall Zone by the Parties.
4. GRANTEE nor GRANTOR shall make no improvements within the Fall Zone
Easement Area.
5. The term of this Easement for Fall Zone shall be equal to and shall
correspond with the term of the Lease Agreement, as it may be amended
from time to time, entered into by GRANTEE and Linda M. Vest. Upon the
termination of the Lease Agreement, this Easement for Fall Zone shall
terminate ninety (90) days thereafter. In the event GRANTEE purchases the
2
Lease Site, the easement and right of way hereby granted shall be perpetual.
6. GRANTOR covenants that GRANTOR is seized of good and sufficient title
and interest to the Fall Zone Easement Area and has full authority to enter
into and execute this Easement for Fall Zone. GRANTOR further covenants
that there are no other liens, judgments or impediments of title on the Fall
Zone Easement Area or affecting GRANTOR's title to the same and that
there are no covenants, easements or restrictions which prevent the use of
the Fall Zone Easement Area by the GRANTEE as set forth above.
7. It is agreed and understood that this Easement for Fall Zone contains all
agreements, promises and understandings between the GRANTOR and
GRANTEE and that no verbal or oral agreements, promises or understandings
shall be binding upon either the GRANTOR or GRANTEE in any dispute,
controversy or proceeding at law, and any addition, variation or modification
to this Easement for Fall Zone shall be void and ineffective unless made in
writing and signed by the parties.
8. This Easement for Fall Zone and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the State in which the
Fall Zone Easement Area is located.
9. This Easement for Fall Zone shall extend to and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
TOGETHER with all and singular the Rights, Members, Hereditaments and
Appurtenances to the Fall Zone Easement Area belonging, or in anywise
incident or appertaining.
TO HAVE AND TO HOLD, all the interests, rights, and privileges herein
granted in and to the Fall Zone Easement Area before described unto the
GRANTEE, its Successors and Assigns, for the term as stated herein, it being
agreed that said Easement for Fall Zone shall run with and be appurtenant to
the Lease Site and the Lease Agreement of GRANTEE.
THE GRANTOR does hereby bind the GRANTOR and the GRANTOR'S heirs,
successors or executors and administrators, to warrant and forever defend
all and singular the said Fall Zone Easement Area unto the GRANTEE and the
GRANTEE'S Successors and Assigns against the GRANTOR and the
GRANTOR'S Heirs and against every person whomsoever lawfully claiming
or to claim the same, or any part thereof.
e
Any reference in this instrument to the plural shall include the singular, and
vice versa. Any reference to one gender shall include the others; including
the neuter. Such words of inheritance shall be applicable as are required by
the gender of the GRANTEE or GRANTOR.
The designation Grantor and Grantee as used herein shall include said
parties, their heirs, successors, and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
[signatures appear on following page]
M
IN WITNESS WHEREOF, GRANT R and GRANTEE ' have ex uted this
instrument under seal effective as of the 1_S day of 2014.
Signed, Sealed and Delivered
in the Presence of the Following:
WITNESS
STATE OF GED[ C
COUNTY 0 rnw t WW:_t
GRANTOR:
1 Ue> B (SEAL)
Carl L. Vest
ACKNOWLEDGMENT
I, na.1c g JD �-Sa " Notary Public for � Q � County and State, do
hereby certify that Carl L. Vest personally came before me this day and
acknowledged that he executed the foregoing Instrument as his own act and deed.
Witness my hand and official seal, this LSfd-ay of , 20v. 2
4A. 4v"�
Print ame: K_4 0�
Notary Public
My Commission Expires: -Wffl*8i0n KFetwuvy 4 fa
[AFFIX NOTARIAL STAMP -SEAL]
5
GRANTEE:
ALLTEL COMMUNICATIONS, LLC
D /B /A VERIZON WIRELESS
WITNESS
M
(SEAL)
David R. Heverling
Its: Area Vice President Network
STATE OF MASSACHUSETTS
ACKNOWLEDGMENT
COUNTY OF WORCESTER
I, , a Notary Public for County and State,
do hereby certify that DAVID R. HEVERLING personally came before me
this day and acknowledged that he is the Area Vice President Network of
ALLTEL COMMUNICATIONS, LLC D /B /A VERIZON WIRELESS, and that he,
as Area Vice President Network, being authorized to do so, executed the
foregoing Instrument on behalf of ALLTEL COMMUNICATIONS, LLC D /B /A
VERIZON WIRELESS.
Witness my hand and official seal, this day of , 2011.
Print Name:
Notary Public
My Commission Expires:
[AFFIX NOTARIAL STAMP -SEAL]
C-1
EXHIBIT A
[DESCRIPTION OF FALL ZONE EASEMENT AREA]
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