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Home My WebLink AboutSUB201500168 Easements Easement Plat 2016-10-13ZUNKA, MILNOR & CARTER, LTD. Attorneys at Law 414 Park Street P O Box 1567 Charlottesville VA 22902 John W.Zunka Richard H. Milnor Richard E. Carter Jennifer Z. Langley Elizabeth C. Southall Ashleigh M. Pivonka Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, VA 22902 Telephone 434-977-0191 Facsimile 434-977-0198 October 13, 2016 Re: Lots 2 and 3, Houndstooth Sub., Albemarle, VA Dear Sir/Ma'am: COUNTY OF ALBEMARLE D M) IF,-- i If_�k ��1gII OCT 18 1016 -' �! J E ATTORNEY'S OFFICE Magruder Dent, Jr. 1919-1994 Robert E. Taylor 1906-1998 Enclosed please find the original deed of easement and plat for the above transaction. Please contact me should you have any questions. Thank you! Sincerely, ./ nD - rn � N\ �:,, -17 - Rose M. Martin Legal Assistant to Richard E. Carter Enclosure Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T I !C I Date of Instrument: A 10 Instrument Type: X IR E IP Number of Parcels X Number of Pages M City []County ❑x P T Last Name (A Joseph Homes LL ❑ F1 [7/20/2016 [DE -PL 1] 9] 014S49 II��II�ffI��IIIIPIf 1111I�flll�ll�llfl�lll��I��l�Ill�il�lr�l��i�f ��If �rllll�� Doc ID: 033415550011 Type: DEE Recorded: 09/20/2016 at 01:06:59 PM Fee Amt: $42.33 Pape i of 11 Albemarle County. VA Jan R. Zug Circuit Clerk File# 2016-00010549 BK4816PG283-293 [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors First Name Middle Name or Initial j Suffix First and Second Grantees Last Name L ___ First Name �_ Middle Name or Initial Suffix ❑ ® [County of Albemarle VirEl L1 I ] [ ] [ ] [ ] Grantee Address (Name) [Albemarle County Attorney ] (Address 1) [County of Albemarle ] (Address 2) [401 McIntire Road ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County I Percent. in this Juris. [ 1001 Book [ ] Page [ ] Instr. No [ Parcel Identification No (PIN) [04300-00-00-038B0 & 04300-00-00-038CO ] Tax Map Num. (if different than PIN) [04300-00-00-038B0 & 04300-00-00-038CO ] Short Property Description [Lots 2 and 3, Houndstooth Sub. ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County Attorney [Zunka, Milnor & Carter [Zunka, Milnor & Carter, Ltd [414 Park Street [Charlottesville [ ][ ] [VA ] [22902 ][ - -------------------------- New This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 04300-00-00-038B0&04300-00-00-038C0 This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3). DEED OF EASEMENT THIS DEED OF EASEMENT is made this 8th day of July 2016 by and between A. JOSEPH HOMES, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: 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 a"New Permanent Drainage Easement"to be dedicated to public use, shown on the plat of Roger W. Ray&Assoc., Inc., dated September 10, 2015, 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 Jack Jouett Magisterial District of the County of Albemarle, Virginia, designated as Lot 2 and Lot 3, of Houndstooth Subdivision on a plat by Roger W. Ray& Associates, Inc. dated December 3, 2013, revised February 5, 2014, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4578,page 411 and being the same property conveyed to the Grantor by deed of Roberta W. King, et al, dated January 24, 2014,recorded in said Clerk's Office in Deed Book 4458, Page 1; and 1 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 Easement; and 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 Easement, including all stormwater management facilities, ditches,pipes and other improvements and appurtenances within the Easement(hereinafter collectively referred to as the"Improvements,"whether referring to Improvements to be established by the Grantor or those to be established in the future by the Grantee)required to be established under Chapter 18, Subdivisions,of the Albemarle County Code. WHEREAS, the completion of the Improvements by the Grantor is secured by a surety as provided under Chapter 18, Subdivisions, of the Albemarle County Code. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), 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 exclusive 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 and install Improvements in the future it deems necessary and appropriate. The Grantee also shall have the right to reconstruct, 2 install, maintain, repair, change, alter, and replace existing and future Improvements (hereinafter collectively referred to as "inspecting, maintaining and operating"or derivations thereof) for the purposes of collecting stormwater and transmitting it through and across the Subdivision, protecting property from flooding,protecting water quality, and otherwise controlling stormwater runoff. Nothing herein shall excuse the Grantor from their obligation to establish the Improvements as required under Chapter 18, Subdivision, of the Albemarle County Code. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were constructed or installed by the Grantor, 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. 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 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 3 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 nor 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 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 on the lot on which the Easement is located in order to inspect,maintain or operate 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 4 other instruments constituting constructive notice in the chain of title to the Property which have not expired by a time limitation contained therein or otherwise become ineffective. 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 any Improvement located within the Easement by installing trees, constructing or maintaining any road, or erecting any building, fence,retaining wall or other structure within the Easement. These restrictions shall not prohibit the location of a driveway, or underground pipes, wires, conduits or other such facilities within the Easement with the prior written consent of the Grantee, which shall not be unreasonably withheld, and which consent is hereby granted by the Grantee for the driveway that will serve Lot 2 that crosses the Easement, provided that the driveway does not adversely affect the proper functioning of the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement 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. [Signatures on following pages] 5 WITNESS the following signatures. GRANTOR: A. Jos me LC J migoni, anM agr-� COMMONWEALTHF VI G I i , CITY/COUNTY OF C1(L4 (Jfit) ,t)I The foregoing instrument was acknowledged before me thiday of t, 2,0171- by by a. J. Amigoni, Manager of A. Joseph .omes, LLC. Grantoj/ II 4111 otary l'u.lic My Commission Expires: j, ('l°(l( 3 01 o Registration number: f OD 0 �\\%.„0., L. p�;'',,,� \ pLB`<„ MY `C� .ri) • COlhfi?t�±,icSIG 4 - 7 2t5: 6 , s GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA \11LC. 4 THOMAS C. FOLEY COUNTY EXECUTIVE COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: rl The foregoing instrument was acknowledged before me this /Say of ftu.�fr , 2001eby Thomas C. Foley, on behalf of the County of Albemarle, Virginia, Grantee. 411a,e), pi,a,......,L. �q+,b+�a'A�I,tD!'>>!$f��yr„��`fff i Notary Public _ `��,� A`� My Commission Expires C \G” c)90/7 t407 s Registration number: o?,64 q 9 = ��aL i c * 53. : o. +3.3 9 Q . - Approved as to form: �.•,/,,' .,,a.ii +v,P�,`\��. 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