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Home My WebLink AboutWPO201100076 Easements 2009-05-05 000406 Document prepared by: LeClairRyan 123 East Main Street,8°Floor Charlottesville,Virginia 22902 Tax map 45,parcels 109,11201 and 112D Exempt from recordation tax under§58.1-811(A)(3) DEED OF EASEMENT THIS DEED OF EASEMENT is made as of this a't day of /q� Y , 20 0 9, by and among the following entities: SCHEWEL.CHARLOTTESVIL LE, a Virginia general partnership (the "Grantor"); RIVANNA PLAZA, LW, a Virginia limited liability company whose address is 109 Robinson Woods,Charlottesville,Virginia 22903 (the"First Grantee");and the ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision of the Commonwealth of Virginia, whose address is 168 Spotnap Road, Charlottesville, Virginia 22911, (the"Second Grantee,"and,together with First Grantee,the"Grantees'). WITNESSETH: WHEREAS First Grantee wishes to construct certain water lines and sanitary sewer lines, including a line traversing Grantor's property,to provide First Grantee's properties located adjacent to U.S. Route 29 in the Rio Magisterial District of the County of Albemarle, Virginia, with public water and sanitary sewer service,and to maintain the same until such water and sanitary sewer lines are accepted by the Second Grantee for public maintenance;and WHEREAS Second Grantee is willing to accept such lines at such time as the same shall have been constructed in a lawful manner to its specifications,but not before;and WHEREAS Grantor is willing to convey to First Grantee a temporary easement for the construction of a water line and sanitary sewer line for the use of the public,and is further willing to convey to the Second Grantee a perpetual easement across its land for the maintenance and operation of such water and sanitary sewer lines, which easement is to be accepted by Second Grantee at such time as the said water and sanitary sewer lines shall be accepted by it for maintenance as being constructed in accordance with its specifications; NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00) cash in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY unto First Grantee a temporary right-of-way and easement to construct, install, maintain, repair, replace, and extend a water line and a sanitary sewer line, each consisting of pipes and appurtenances thereto, across Grantor's property identified as "TMP 45-112D" on Sheet 5 of a plat of Dominion Development Resources, LLC, dated October 14, 2008, entitled "Plat Showing Boundary Adjustment and Easements for Tax Map 45,Parcels 109 and 112C1 and Easements for Tax Map 45, 112D and 112C Rio District, Albemarle County, Virginia" which plat is recorded with a Certificate of Plat in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 34137 page300 (the "Plat"); which said rights-of-way and easements shall remain in effect only until the said water and sanitary sewer lines shall have been accepted for maintenance by the Second Grantee,whereupon all rights of the First Grantee to such rights-of-way and easements,except such rights as it may have in ,4000, common with the public,shall automatically terminate and be of no further effect. FURTHERMORE, and for and in consideration of TEN DOLLARS ($10.00) cash in hand paid, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with General Warranty of Title unto Second Grantee, its successors and assigns, certain perpetual rights-of-way and easements whose location and dimensions are shown on the Plat as "New 20' Sanitary Sewer Easement" and "New 20' Waterline Easement" respectively to construct, install, maintain, repair, replace and extend a water line and sanitary sewer line, each consisting of pipes and appurtenances thereto; PROVIDED,HOWEVER, that it is expressly understood and agreed that Second Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until such time as the same shall have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of Second Grantee. Reference is made to the Plat for the exact location and dimensions of said permanent easements as they cross the property of the Grantor. The easements conveyed herein(sometime collectively referred to herein as the"easement") cross a portion of the property conveyed to Grantor by deed of record in the Clerk's office of the Circuit Court of Albemarle County,Virginia,in Deed Book 1089,page 334. Grantor,its successors and assigns,agree that new trees,shrubs,fences,buildings,overhangs or other improvements or obstructions shall not be placed within the easement conveyed herein, unless otherwise approved by Second Grantee. As a part of these easements,respectively, Grantees 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 sanitary sewer lines and 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, or extend such water lines and sanitary sewer lines. If Grantees are unable reasonably to exercise the right of egress over the deeded right-of-way, Grantees shall have the right of ingress and ingressvand property of Grantor adjacent to the right-of-way. egress oveerr the Whenever it is necessary to excavate earth within the easement, Grantees agree to backfill such excavation in a proper and workmanlike manner to as to restore conditions as nearly as practicable to the same condition as prior to the excavation,including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. The easement provided for herein shall include the right of the Grantees to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sanitary sewer and water line installation, operation and maintenance. The Second Grantee shall have no responsibility to Grantor, its successors or assigns,to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. Upon dedication, the facilities constructed within the permanent easement shall be the property of the Albemarle County Service Authority, which shall have the right to inspect, rebuild, 2 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. WITNESS the following signatures and seals to this Deed of Easement, which may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute a fully-executed instrument. [COUNTERPART SIGNATURE PAGES FOLLOW] 3 Nor Noe [COUNTERPART SIGNA7'URE PAGE TO DEED OF EASEMENT] RIVANNA PLAZA, LLC, a Virginia limited liabili company Ail, , By: M..i '. Green,Manager COMMONWEALTH OF VIRGINIA - , CITY/COUNTY OF 1-tiii-ifto-R6- it.-11,W-- The foregoing instrument was acknowledged before me this tth day of 20 01,by Mark W. Green,Manager of Rivaima Plaza,LLC,on behalf of the company. .._..... [SEAL] ....--- I CATH,ERI,NE,E72I:7:1AN REG.4335017 _ Notary Public ......______ My Commission expires: 1 i >I1 2-0 I ( Registration No.: 335 a t i • 4 vigor [COUNTERPART SIGNATURE PAGE TO DEED OF EASEMENT] SCHEWEL-CHARLOTTESVILLE, a Virginia gen1artnership / ! / By: wik, A . S..e�.,, Its: w y,—, Y''"„-",,u--._ COMMONWEALTH F I' • CITY/COUNTY OF _� to-wit The foregoing instrum pt was lmowledged ore me this S of , 20 �� , (3.�.c �. S , as Orr O i .4 � , of +,,�ti ••� :�,�tle�ville,on behalf of the partnership. As NOTARY''•S� * �E 205670 LLWk l ��MISSIOAi ▪ '• • EXPIR 'Q ' NotaryZublic ;'$►'•.11/30/ � b. \\ ' � ��xxpires: Re i�sVaUoa'No.: o?056")U 5 [COUNTERPART SIGNATURE PAGE TO DEED OF EASEMENT] SCHEWEL-CHARLOTTESVLLLE, a Virginia general partnership A""f"" 1"//(7444: By: /vll G /J c/i'd Sa Al/L Its: "t4#IA-fd .A 9 A -4Y tie-1 COMMONWEALTH OF CITY/COUNTY OF 1•4 M.,�u vA / ,to-wit: The foregoing instment was acknowledged before me this day of / 2001, by gro..y,k. G F.' clA- 0%- II , as P1 of Schewel-Charlottesville,on behalf of the partnership. [SEAL] ' 0-)1"-t-ji--) otary Public My Commission expires: t i 3 d 2 0 I O - Registration No.: 2.69 ` 25' tiftellit RENE O.NICHOLS Notary Public Commonwealth of Virginia Reg.#289379 RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON January 13,2010 AT 11:49:01 AM $0.00 G NTOR TAX PD 5 AS REQUIRED Y VA CODE i58.1-802 STATE: .00 LOCAL:$0.00 EM LE COUNTY,VA M.SHIPP CL t�G