HomeMy WebLinkAboutSUB201400189 Easements TM 07900-00-00-025A0
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 (9,257 sq. ft.)20' ACSA 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 of the Land of Rivanna Village LLC,"dated
October 8,2014,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.
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 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 installing,constructing,
maintaining,repairing,replacing and extending a water lines and appurtenances thereto,
within such easement 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 easement,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.
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 easement conveyed herein.
The easement 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
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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 easement 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 easement as are consistent with the
purposes expressed herein.
The Grantor further GRANTS and CONVEYS to the ACSA:
A(5,745 sq. ft.) 10' ACSA temporary easement, shown and described on the Plat as it
crosses property of the Grantor.
The temporary 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.
[Signature on Following Pagel
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WITNESS the following signatures and seals:
RIVANNA VILLAGE, LLC
By: 171,'
�/ ✓ (SEAL)
f�r Est F /3u,- i [Name]
h'13r--f9- [Title]
COMMO TH OF VIRGINIA
COUN. ADP FO Y14><loNk€54,k1e ,to wit:
The foregoing instrument was acknowledged before me this Crday of
2015,by cQ N►c '1
- YN e r of Rivanna Village,LLC.
013.KNISLANw,,ks-6
Notary Public
My Commission Expires:iY o r r' 3 ►
I.D.No. Son-1 1p 3 SUSAN GAY CANTERBURY
NOTARY PUBLIC
REGISTRATION 07567763
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
MARCH 31. 2017
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