HomeMy WebLinkAboutSUB201600051 Easements Nevi
Tax Map Parcels: 56-57,56K-Al,56A2-1-61 and 56A2-1-62
Prepared by and return to:
Williams Mullen
P.O.Box 1320
Richmond,Virginia 23218-1320
DEED OF EASEMENT AND AGREEMENT
THIS DEED OF EASEMENT AND AGREEMENT (this "Agreement") made as of
this day of , 2016, between ROUTE 240, LLC, a Virginia limited liability
company ("Route 240"), ROUTE 240 HOLDINGS, LLC, a Virginia limited liability company
("Route 240 Holdings"), FOOTHILLS CROSSING, INC., a Virginia corporation ("Foothills
Crossing"), each to be indexed as grantor and grantee, recites and provides as follows:
RECITALS
A. Route 240 is the owner of a certain parcel of property identified as Albemarle
County Tax Map Parcel 56A2-1-61 in the County of Albemarle (the "County"), Virginia (the
"Route 240 Parcel"), as more particularly shown on the plat prepared by Roudabush, Gale &
Associates, Inc., entitled "SUBDIVISION PLAT SHOWING PARCELS 'A', `B', 'C', AND 'D'
PORTIONS OF TAX MAP 56, PARCELS 57 AND 57B TAX MAP 56K, PARCEL Al, AND
TAX MAP 56A2-1, PARCEL 62 LOCATED NEAR CROZET WHITE HALL MAGISTERIAL
DISTRICT ALBEMARLE COUNTY, VIRGINIA," dated March 28, 2016, last revised May 23,
2016, attached hereto as Exhibit A(the "Plat").
B. Route 240 Holdings is the owner of those certain parcels of property identified as
Albemarle Tax Map Parcel 56A2-1-62 located in the County, and the parcels identified as "NEW
TMP 56-57" and "PARCEL `A"' each of which is more particularly shown on the Plat
(collectively,the "Route 240 Holdings Parcels").
C. Foothills Crossing is the owner of a certain parcel of property identified as
Albemarle Tax Map Parcel 56K-Al located in the County, a portion of which is identified as
"PARCEL `D"' on the Plat (the "Foothills Crossing Parcel" and together with the Route 240
Parcel and the Route 240 Holdings Parcels shall be collectively referred to as the"Parcels").
D. Route 240, Route 240 Holdings, and Foothills Crossing (individually, each a
"Party" and collectively, the "Parties") desire to enter into this Agreement to provide for a
temporary grading and access easement for the purpose of grading and access during the future
development of the Parcels, all as more particularly described herein. The easement granted
herein is for the benefit of each of the Parties and their respective successors in title to the Parcels
or portions thereof.
Parcel, as the case may be, and(ii)not for the benefit of the general public. The Parties expressly
reserve the right to make any use of their respective Parcels over which the Temporary Grading
& Access Easement lies which does not interfere with the purpose for which the Temporary
Grading & Access Easement has been established and which is not inconsistent with the rights
granted hereby.
4. Captions and Headings. The captions and headings contained in this Agreement
are included herein for the convenience of reference only and shall not be construed to limit or
enlarge the terms hereof or otherwise affect the meaning or interpretation of this Agreement.
5. Relationship of Parties. Nothing contained in this Agreement shall be construed
in any manner to create a partnership or co-venture relationship between any of the parties hereto,
and none of the parties hereto shall be considered partners or co-venturers for any purpose
whatsoever.
6. Governing Law. The parties hereto agree that all matters of construction and
interpretation with regard to this Agreement shall be governed by the laws of the Commonwealth
of Virginia.
7. Entire Agreement; Amendment. This Agreement contains all the promises,
agreements, conditions, inducements and understandings between the Parties relative to the grant
of the respective easements and other rights by each Party hereto to the other with respect to the
Parcels and there are no promises, agreements, conditions, understandings, inducements,
warranties or representations, oral or written, expressed or implied, relating thereto between them
other than as herein set forth or expressly referred to herein. This Agreement may be amended,
in whole or in part, at any time or from time to time, only by an instrument (i) executed and
acknowledged by the Parties and (ii) recorded in the Clerk's Office, Circuit Court, County of
Albemarle, Virginia.
8. Authority; Further Assurances. Each Party warrants and represents to the other
Party that they have the full power and authority to make, deliver, enter into and perform the
terms and conditions of this Agreement. The Parties hereto agree to take all such further action
as may be reasonably required by any party to fully effectuate the terms and provisions of this
Agreement and the transactions contemplated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered will be deemed to be an original and all of which
counterparts taken together shall constitute but one and the same instrument.
[Signatures on following pages]
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ROUTE 240 HOLDINGS, LLC
By: River Bend Management, Inc., Manager
By:
Name:
Title:
COMMONWEALTH/STATE OF )
)TO-WIT
CITY/COUNTY OF )
The foregoing instrument was acknowledged before me,
Notary Public, this day of , 2016, by , who is
personally known to me. voluntarily acknowledged this instrument as
of River Bend Management, Inc. in its capacity as manager of
Route 240 Holdings, LLC, a Virginia limited liability company, on behalf of the company.
Notary Public
Registration Number:
My commission expires:
Notary Seal
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EXHIBIT A
PLAT
[To be attached]
31378139_3.doc
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