HomeMy WebLinkAboutSUB201500215 Easements 2015-12-23Prepared By:
Benjamin C. Winn, Jr., Esq. VSB 21940
TMN: 032G0 -1A-02-047, 032GO-1A-02-046 &
032G0 -1A-02-045
3701 Pender Drive Suite 300 TAX EXEMPT CODE SECTION: 58.1-811(A)(3)
Fairfax, VA 22030
Grantee Address:
DEED OF EASEMENT and VACATION
This Deed of Easement and Vacation is made as of this 21 Sr day ofC$A&
2015, by and between WOODBRIAR ASSOCIATES, a New York limited
partnership, (hereinafter "Woodbriar"), and NVR, INC., a Virginia corporation, (hereinafter
"NVR") Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision
of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, Woodbriar is the owner of certain real property located in Albemarle
County, Virginia, more particularly described as follows:
Lots 45 & 46, Phase 5, BRIARWOOD, as the same is set forth on a plat attached to
Second Supplemental Declaration of Protective Covenants, Conditions, Restrictions And
Reserved Easements recorded in Deed Book 4487, pages 111-123, as corrected by
Amended And Restated Third Supplemental Declaration Of Covenants, Conditions,
Restrictions And Easements recorded in Deed Book 4513, pages 61-73, as revised by plat
attached to Certificate Of Plat recorded in Deed Book 4529, pages 501-503, among the
land records of Albemarle County, Virginia.
WHEREAS, NVR is the owner of certain real property located in Albemarle County,
Virginia, more particularly described as follows:
Lot 47, Phase 5, BRIARWOOD, as the same is set forth on a plat attached to Second
Supplemental Declaration of Protective Covenants, Conditions, Restrictions And
Reserved Easements recorded in Deed Book 4487, pages 111-123, as corrected by
Amended And Restated Third Supplemental Declaration Of Covenants, Conditions,
Restrictions And Easements recorded in Deed Book 4513, pages 61-73, among the land
records of Albemarle County, Virginia.
the aforesaid Lots 45, 46 and 47 hereinafter referred to as the "Property"; and
WHEREAS, The Property is subject to a variable width drainage easement as granted by
Deed of Easement from Woodbriar Associates to the County of Albemarle, Virginia, dated April
25, 2015 and recorded in Deed Book 4487 at pages 124-130, and as shown a plat attached to the
Briarwood Second Supplemental Declaration of Covenants, Conditions, Restriction and
Easements dated April 25, 2015 and recorded in Deed Book 4487 at page 111, plat at page 114,
among the land records of Albemarle County, Virginia, hereinafter referred to as the "Existing
Easement"; and
WHEREAS, Woodbriar and NVR, with the consent of the County of Albemarle,
Virginia, desire to modify the Existing Easement by vacating a portion thereof, in accordance
with the attached "Plat Showing the Vacation of a Portion of a Drainage Easement on Tax Map
032G0 -1A-02-047; and the Addition of a Variable Width Drainage Easement on TMP 032G0 -
IA -02-046 & 032GO-1A-02-045 Briarwood Subdivision" made by Collins Engineering dated
October 1, 2015 revised December 14, 2015 (hereinafter referred to as the "Plat"); and adding to
the Existing Easement a "New Variable Width Drainage Easement 0.001 Acres Hereby
Dedicated to Public Use" as the same is shows on the Plat (said addition hereinafter referred to
as both the "New Easement" and "Easement"); and
WHEREAS, it is the desire and intent of Woodbriar and NVR to dedicate, grant and
convey the New Easement for public use in accordance with this Deed of Easement and
Vacation; and
WHEREAS, it is the desire and intent of Woodbriar and NVR to dedicate, grant and
convey all rights, title and interest in all ditches, pipes and other improvements and
appurtenances within the New Easement established for the purpose of conveying drainage and
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.
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NOW THEREFORE, that in consideration of the premises and the sum of Ten Dollars
($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is
hereby acknowledged, Woodbriar and NVR do 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 exclusive easement as shown on the Plat and as
referred to herein as the New 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 purpose 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
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.
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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 tress, 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 located outside of the Easement that were damaged
or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any
structures, trees, or other facilities located within the Easement, but be required only to repair or
replace groundcover within the Easement that was disturbed, damaged, or removed as a result of
installing or maintaining any of the Improvements. 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, the Grantee shall not be required to repair
or replace anything identified in this paragraph if to do so would be inconsistent with the proper
maintenance or operation of the Improvements. In addition, neither the Grantee now any other
public agency, including the Virginia Department of Transportation, shall be responsible for
conducting routine maintenance as described in paragraph 6 except as expressly provided in this
paragraph.
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
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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. Tgmporary construction easement. The Grantee shall have a temporary
construction 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. ExclusivLty,• restrictions. The Easement conveyed herein is an exclusive
easement. Neither the Grantor nor any person acting under the Grantor's express or implied
consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way
the land within the Easement or any Improvement located within the Easement; and further
provided that such persons shall not construct or maintain any roadway, or erect any building,
fence, retaining wall or other structure within the Easement.
9. Grantee's right to assign. The Grantee shall have the right to assign this
Easement as its interest 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(s), 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.
AND THIS DEED FURTHER WITNESSETH, in consideration of the premises and
the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration,
the receipt of which is hereby acknowledged, that Woodbriar and NVR, do hereby VACATE,
that portion of the Original Easement shown on the attached Plat and noted as "0.001 Acre
Portion of Existing Variable Width Drainage Easement Hereby Vacated," and the County,
acting through its subdivision agent under Albemarle County Code § 14-212.2 consents to
vacating the portion of the Original Easement as requested.
NOW, THEREFORE, a portion of the Original Easement, which is part of the
subdivision plat recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia in Deed Book 4487, page 111, is hereby vacated as described herein and as depicted on
the Plat and the portion vacated shall have no further force or effect and all public rights in the
vacated portion of the Original Easement so vacated are hereby divested and title is reinvested in
the owner of TMP 032G0 -1A-02-047.
(Signature Pages Follow)
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WITNESS the following signatures:
COMMONWEALTH OF VIRGINIA
COUNTY OF
NVR, INC., a Virginia corporation
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Name: I.A 0-44--
Title:
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SS:
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On this ' 4 day of ," , 2015, before me, the undersigned officer, perso ally
appeared M C f ' t; gA , who acknowledged himself/herself to be the
of the NVR, IINC., a Virginia corporation, and that he/she, as such Officer being
authorized so to do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation by himself/herself as
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
Notary Registration No.: t'
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(CONTINUED ON THE NEXT PAGE)
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WITNESS the following signature(s) and seal(s)
WOODBRIAR ASSOCIATES, a New York Limited Partnership
By: S -V Associates, a Virginia general partnership, general
partner
By:�
Wendell W. Wood, managing partner
COMMONWEALTH OF VIRGINIA )
sr )
COUNTY OF �I } SS:
I, the undersigned Notary Public, in and for the City/County aforesaid and the
Commonwealth of Virginia, do hereby certify that Wendell W. Wood, managing partner of S -V
Associates, general partner of WOODBRIAR ASSOCIATES whose name is signed to the
foregoing and acknowledged the same before me in the jurisdiction aforesaid, on behalf of and as
the act of the said company, duly authorized by and acting for WOODBRIAR ASSOCIATES
Given under my hand and seal thisA I day of
My Commission Expires:
Notary Registration No.:
Notary Public
8
CAROLYN MOYER FLETCHER
NOTARY PUBLIC
REGISTRATION N 72703114
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
FEBRUARY 26, 2017
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
By: �.
Name: Thomas C. Foley
Title: Countv Executive
By: .8.
Subdivision Agent
COMMONWEALTH OF VIRGINIA )
CITY OF CHARLOTTESVILLE ) SS
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The foregoing Deed of Easement was acknowledged before me this rd day of
—&e -e A bG r' , 2015, by Thomas C. Foley, who acknowledged himseltherself to be the
County Executive on behalf of the County of Albemarle, Virginia, Grantee.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires a�
Notary Registration No.. -5 5 1
COMMONWEALTH OF VIRGINIA )
CITY OF CHARLOTTESVILLE ) SS
The foregoing Deed of Easement was acknow edged before me this 95 day of
/ � , 2015, by - ('jU.o who acknowledged himself/herself
to be the Subdivision Agent on behalf of the County of RNmarle, Virginia, Grantee.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires: mac.-robcr 31, 2-01 r��,.••`� %,E E
Notary Registration No.: '7 S5 6,9 Y w . ' . i .
APPROVED AS TO FORM
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(PLAT)
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