The URL can be used to link to this page

Home My WebLink AboutSUB201400029 Easements 2014-06-26 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 11400-00-00-072E0 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 9th day of June,2014 by and between TURKEY RUN PROPERTIES, LLC, a Virginia limited liability company, whose address is 600 Loring Avenue, Suite 3, Salem MA 01970,hereinafter referred to as the Second 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(hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as"New 20.0' Drainage Easement"to be dedicated to public use, shown on the plat of Gloeckner Engineering\Surveying Inc., dated March 19,2014, entitled 20.0 Foot Stormwater Drainage Easement Plat For Lot 5 "The Farms At Turkey Run"Tax Map 114,Parcel 72E Scottsville Magisterial District Albemarle County, Virginia, a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement"and the"Plat"). 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 Scottsville Magisterial District of the County of Albemarle, Virginia, designated as Lot 5, Phase 2 of The Farms at Turkey Run Subdivision on a plat by Gloeckner Engineering\Surveying Inc., dated June 8, 2007, last revised June 26, 2007, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3463,page 447- 456, also being a portion of the property conveyed to the Grantor by deed of Murcielago, LLC, a Virginia limited liability company, dated July 25, 2007, recorded in said Clerk's Office in Deed Book 3463, page 475, corrected by deed of correction dated February 20, 2008, recorded in said Clerk's Office in Deed Book 3556, page 257; and 1 Version:5/10/13 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 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 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. 2 Version:5/10/13 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 that were damaged or destroyed by the Grantee. 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, but subject to the rights of third parties under prior recorded instruments, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the terms of this Easement and 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 adjacent to the 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. Restrictions. The Easement granted hereby is expressly made subject to any and all easements, conditions, restrictions and reservations contained in duly recorded deeds,plats and other instruments constituting constructive notice in the chain of title to the Property which have 3 Version:5/10/13 not expired by a time limitation contained therein or otherwise become ineffective. Grantor will have the right to use and enjoy the area within the Easement so long as Grantor's use does not materially interfere with the purposes of the Easement,and provided that Grantor shall not construct or maintain any roadway, or erect any building,telephone pedestal,power transformer, or retaining wall,within the Easement. Without limitation, Grantor may locate underground pipes, wires, conduits, fencing,trees, landscaping, and hiking and riding paths within the Easement so long as these utilities and amenities do not materially interfere with the purposes of the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement to another public body or agency 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. WITNESS the following signatures. SIGNATURE PAGES FOLLOW. 4 Version:5/10/13 GRANTOR: TURKEY RUN PROPERTIES, LLC By: Arrowhead Consulting, LLC, Manager By: • % 1 / /4 4 t�� Kimberly • ns Piver, Manager 6I NSSACHOSETVS COMMONWEALTH OF VI4IA CITY/COUNTY OF E,SSL.x : The foregoing instrument was acknowledged before me this,-)?6' day of,,=7"0/17E , 2014 by Kimberly Atkins Piver, Manager of Arrowhead Consulting, LLC, Manager of Turkey Run Properties, LLC, on behalf of Turkey Run Properties, LLC, Grantor. h Notary Public My Commission Expires. - g �ni5/ Registration number: / 9 ?3 BARBARA S. SHEAN U Notary Public Commonwealth of Massachusetts My Commission Expires August 8, 2014 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 5 Version:5/10/13 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Nliev114.4 Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this 3/day of , 2014 by Thomas C. Foley, County Executive, on behalf of the County of Albem rle, Virginia, Grantee. ��•�`��p.. cAS7 `i,, Notary Public :0 y: My Commission Expires: 1C%/3///r = OF Notary Registration # 7023282 /R GO::•�V Registration number: �,�'O• ......• 0.\;‘,..,.. TgRY pv "'''I,'''''`` Approved as to form: /Iv /vs L- C n tit tt,rney/ 6 Version:5/10/13