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Home My WebLink AboutSUB201400188 Easements TM 093A1-00-00-00400 PREPARED BY: James M.Bowling,IV VSB No. 14232 St. John,Bowling,Lawrence& Quagliana,LLP This deed of easement is exempt from taxation pursuant to Va. Code§58.1-811 (A) (3) and§17.1-266 This DEED OF EASEMENT, made this 26th day of February,2015 by and between RIVANNA VILLAGE,LLC,a Virginia limited liability company, ("Grantor"), and the ALBEMARLE COUNTY SERVICE AUTHORITY(the "ACSA"), ("Grantee"),whose address is 168 Spotnap Road, Charlottesville,Virginia 22911. WITNESSETH: That for and in consideration of the sum of ONE DOLLAR($1.00),receipt of all of which is hereby acknowledged,the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY of TITLE unto the Albemarle County Service Authority a perpetual right of way and easement for landscaping, over,and across the real property of the Grantor located in Albemarle County,Virginia,the location of the easements granted and the boundaries of the property being more particularly described on the following plat: A(3,570 sq. ft.)20' ACSA landscape easement,shown and described on plat of Rinker Design Associates,P.C.,entitled"Plat Showing Various Easements to be Acquired by the Albemarle County Service Authority on the Land of Rivanna Village LLC,"DATED October 7,2014,revised October 31, 2014,revised January 13,2015, a copy of which is attached hereto as Exhibit A(the"Plat"),as it crosses property of the Grantor shown and described on the Plat and acquired by the Grantor by the instrument recorded in the Office of the Clerk of the Circuit Court of Albemarle County,Virginia, in Deed Book 4375, Page 410. wr w All landscaping and screening shall be maintained in a healthy condition by the ACSA,and replaced when necessary. Replacement material shall comply with the approved landscape plan. Reference is made to the Plat,a copy of which is attached hereto to be recorded herewith,for the exact location and dimension of the permanent landscaping easement hereby granted and the property over which the same crosses. As part of the easement the ACSA shall have the right to enter upon the above described property within the easement for the purpose of landscaping. If the ACSA is unable to reasonably exercise the right of ingress and egress over the right-of-way, the ACSA shall have the right of ingress and egress over the property of the Grantor's adjacent to the right-of-way. The Grantee may assign this easement only to a successor entity providing public water service. [Signature on following page] 2 WITNESS the following signatures and seals: RNANNA VILLAGE,LLC • By (SEAL) )9-„,ogeL- _O, n�i [Name] 1- 9n-A 61 [Title] COMMO TH OF VIRGINIA CO /CI ■F Chae 01e1 wit: The foregoing instrument was acknowledged before me this giay of r(Nl,rCir\ ,20 \J ,by Mc oLpl,�,r of Rivanna Village, LLC. to (l W' Notary Public My Commission Expires: k, 'ail d 0 ti I.D.No.r1 JUT-V JUT-VI Lc.3 SUSAN GAY CANTERBURY NOTARY PUBLIC REGISTRATION It 7567763 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MARCH 31, 2017 3 Nine TM 093A1-00-00-00400 PREPARED BY: James M. Bowling,IV VSB No. 14232 St. John, Bowling,Lawrence&Quagliana,LLP This deed of easement is exempt from taxation pursuant to Va. Code§58.1-811 (A) (3) and§17.1-266 This DEED OF EASEMENT,made this 26th day of February 2015 by and between RIVANNA VILLAGE,LLC,a Virginia limited liability company, ("Grantor"), and the ALBEMARLE COUNTY SERVICE AUTHORITY(the "ACSA"), ("Grantee"), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESSETH: That for and in consideration of the sum of ONE DOLLAR($1.00),receipt of all of which is hereby acknowledged,the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY of TITLE unto the Albemarle County Service Authority a perpetual right of way and easement to construct, install, maintain,repair,replace and extend one or more water lines consisting of pipes and appurtenances thereto, over, under and across the real property of the Grantor located in Albemarle County,Virginia, the location of the easements granted and the boundaries of the property being more particularly described on the following plat: A(21,919 sq. ft.)20' ACSA easement, shown and described on plat of Rinker Design Associates,P.C.,entitled"Plat Showing Various Easements to be Aquired by the Alebamrle County Service Authority on the Land of Rivanna Village LLC,"DATED October 7, 2014,revised October 31,2014,revised January 13,2015, a copy of which is attached hereto as Exhibit A(the"Nat"),as it crosses property of the Grantor shown and described on the Plat and acquired by the Grantor by the instrument recorded in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia,in Deed Book 4375,Page 410; and A(267 sq.ft.)20' ACSA ingress-egress easement,shown and described on plat of Rinker Design Associates,P.C.,entitled"Plat Showing Various Easements to be Acquired by the Albemarle County Service Authority on the Land of Rivanna Village LLC,"dated October 7,2014,revised October 31,2014,revised January 13,2015,a copy of which is attached hereto as Exhibit A(the"Plat), as it crosses property of the Grantor shown and described on the Plat and acquired by the Grantor by the instrument recorded in the Office of the Clerk of the Circuit Court of Albemarle County,Virginia, in Deed Book 4375,Page 410; and Reference is made to the Plat,a copy of which is attached hereto to be recorded herewith,for the exact location and dimension of the permanent easements hereby granted and the property over which the same crosses. As part of the easements the ACSA shall have the right to enter upon the above described property within the easements for the purpose of installing,constructing, maintaining,repairing,replacing and extending a water lines and appurtenances thereto, within such easements and the right of ingress and egress thereto as reasonably necessary to construct, install,maintain,repair,replace and extend such water lines.If the ACSA is unable to reasonably exercise the right of ingress and egress over the right-of-way,the ACSA shall have the right of ingress and egress over the property of the Grantor's adjacent to the right-of-way. Whenever it is necessary to excavate earth within such easements,the ACSA agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation. 2 Grantor,its respective successors or assigns,agree that no new trees, shrubs, fences,buildings, overhangs or other improvements or obstructions shall be placed within the easements conveyed herein. The easements provided for herein shall include the right of the ACSA,to cut any trees,brush and shrubbery,remove obstructions and take other similar action reasonably necessary to provide economical and safe water line installation, operation and maintenance. The ACSA shall have no responsibility to the Grantor, its successors or assigns,to replace or reimburse the cost of said trees,brush, shrubbery and obstructions that are removed or otherwise damaged. The facilities constructed by ACSA within the permanent easements shall be the property of the ACSA which shall have the right to inspect,rebuild,remove,repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the permanent easements as are consistent with the purposes expressed herein. The Grantor further GRANTS and CONVEYS to the ACSA: A(18,488 sq. ft.) 10'ACSA temporary easement, shown and described on the Plat as it crosses property of the Grantor. The temporary construction easement is for use by the ACSA's contractor during construction,as shown on the Plat. The temporary easement shall expire upon completion of construction and acceptance of the lines into the ACSA's system. The Grantee may assign this easement only to a successor entity providing public water service. 3 Nue WITNESS the following signatures and seals: RIVANNA VILLAGE,LLC By: �� a (SEAL) fit-- 1$a IN [Name] �"�'`►3►�r9 n [Title] COMMO I . TH OF VIRGINIA COUN a'10gl�Akec\i i 11 e,to wit: The foregoing instrument was acknowledged before me this day of lc c m ,20 IS ,by G,tqdatex,. &O■ .r Nr�i ((1ca _of Rivanna Village, LLC. Notary Public 4 CQ} My Commission Expires: yli tnn 3 k I.D. No.(1$L4— iLp3 SUSAN GAY CANTERBURY NOTARY PUBLIC REGISTRATION U 7567763 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MARCH 37, 2077 4