HomeMy WebLinkAboutSUB201400113 Easements 2016-02-22 < r
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This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Tax Map and Parcel Number 09100-00-00-01400 and 09000-00-00-03510
This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this 3-,2_ day of reVivari , 2016 by and between
AVON PROPERTIES,LLC, a Virginia limited liability company, Grantor, and the COUNTY
OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia,
Grantee.
WITNESS:
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 "NEW 20' DRAINAGE
EASEMENT,"to be dedicated to public use, shown on the plat dated June 3, 2015,
prepared by Roudabush, Gale&Associates, Inc. entitled"SUBDIVISION PLAT
AVINITY, PHASE II& III, LOTS 1-26 &94-100.", a copy of which is attached hereto to
be recorded with this deed(hereinafter, collectively,the"Easement"and the"Plat").
Reference is made to the Plat for a more particular description of the easement conveyed
herein.
WHEREAS, the Easement is described further as a portion of that certain lot or parcel of
land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia,
designated on the Plat recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia in Deed Book , Page ; 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; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights,
title and interest in all ditches,pipes and other improvements and appurtenances within the
Easement established for the purpose of conveying 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, in consideration of the premises and TEN DOLLARS ($10.00), 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, 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 purposes of collecting storm water and
transmitting it through and across the Property,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 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
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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 shall 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 section 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 Section 6 except as expressly provided in this
section.
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 construct, install, maintain,
repair, change, alter, or replace an Improvement. This temporary construction easement shall
expire upon completion of the work.
8. Exclusivity; 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
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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.
[Signature Pages to Follow]
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WITNESS the following signatures.
GRANTOR: AVON PROPERTIES,L
By:
Andrew J. Dondero, Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF DADA() Ak-e5,viAkt
The foregoing instrument was acknowledged before me this eday of Fein .� ,
2016 by Andrew J. Dondero, as Vice President of Avon Properties, LLC, a Virginia limited
liability company, Grantor.
Notary Public
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GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA
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Thomas C. Foley
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this /0Mday of /no'car
2016 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia,
Grantee.
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Prepared by:
Williams Mullen,PC
200 South 10th Street,Suite 1600
Richmond,VA 23219
Albemarle County Tax Map No.:091000-00-00-01400 and 09000-00-00-035I0
DECLARATION
This PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement") is made as of this day of 2016, by AVON
PROPERTIES, LLC, a Virginia limited liability company (hereinafter, the
"Declarant"),whose address is P.O. Box 520, Crozet,VA 22932.
WHEREAS, the Declarant is the owner of certain real property more particularly
shown and described on that certain subdivision plat dated June 3, 2015, prepared by
Roudabush, Gale & Associates, Inc. entitled "SUBDIVISION PLAT AVINITY, PHASE
II & III, LOTS 1-26 & 94-100." (hereinafter, the "Subdivision Plat"), which plat is of
record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia
immediately prior hereto; and
WHEREAS, the lots on the Subdivision Plat will be served by Avinity Drive,
Avinity Place, Avinity Loop and Avinity Court which consist of variable width non-
exclusive private access easements (collectively,the"Streets").
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon all the lots shown on
the Subdivision Plat the following maintenance obligations and standards for the Streets:
MINIMUM STANDARD: The Streets shall be maintained with a minimum twenty feet
(20') of asphalt pavement with curb and gutter, and maintained in perpetuity to
substantially the same condition it was in when approved by the County. The Streets
shall at all times be maintained so that it is safe and convenient for passenger automobiles
and emergency vehicles at all times except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument, `maintenance', includes the
maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage
facilities, utilities, dams, bridges and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the private street or
alley reasonably open for usage by all vehicles, including emergency services vehicles.
The term "to maintain," or any derivation of that verb, includes the maintenance,
replacement,reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owners of all lots shall be equally responsible for the
cost of the maintenance of, and or repair to the Streets. Any further division of
Albemarle County TMP No. 091000-00-00-01400 and TMP No. 09000-00-00-035I0
shall require the reassessment of cost to be equally shared by all owners using of the
Streets. No public agency,including the Virginia Department of Transportation and
the County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Streets, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of
all owners, provided that in the event that one of the owners determines that the Streets
are not safe and convenient for passenger automobiles and emergency vehicles at all
times except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Streets, such owner may commence or
contract for maintenance or repair to bring the Streets to the minimum standard and the
charges therefore shall be the responsibility of all owners using the Streets.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate
share of the costs of maintenance or repair for which he/she is responsible, as provided
hereinabove, any other owner not in default, or the person or corporation performing such
maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance; and the
delinquent Owner shall be liable to pay all costs of collection, including reasonable
attorney's fees.
[Signature Page to Follow]
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
AVON PROPERTIES,LLC, a Virginia limited
liability company
BY:
An rew J. Don o, Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF atl'Csnn1\t , to-wit:
The foregoing Declaration was acknowledged before me this 22, day of 16
2016, by Andrew J. Dondero, as Vice President of Avon Properties, LLC, on behal of
the company.
Notary Public 6)7b -----1
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Prepared by:
Williams Mullen, PC
200 South 10th Street, Suite 1600
Richmond,VA 23219
Albemarle County Tax Map No.:091000-00-00-01400 and 09000-00-00-035I0
LANDSCAPE AND SIDEWALK EASEMENT AGREEMENT
This LANDSCAPE AND SIDEWALK EASEMENT AGREEMENT (this
"Agreement") is made as of this day of 2016,by AVON PROPERTIES,
LLC, a Virginia limited liability company(the "Declarant"),to be indexed as a grantor, and
AVINITY HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation(the
"Association"), to be indexed as a grantor.
WHEREAS, the Declarant is the owner of a parcel of real property more particularly
shown and described on that certain subdivision plat dated June 3, 2015,prepared by Roudabush,
Gale & Associates, Inc. entitled "SUBDIVISION PLAT AVINITY, PHASE II & III, LOTS 1-26
& 94-100." (the "Subdivision Plat"), which plat is of record in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia in Deed Book ,Page
WHEREAS, the Declarant desires to grant to the Association (i) a landscape easement
and (ii) a permanent, non-exclusive easement over and across the sidewalks located in Avinity,
Phase II and III(the "Community"), as more particularly shown on the Subdivision Plat.
NOW,THEREFORE, in consideration of the foregoing recitals, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. Landscape Easement.
1.1 Declarant hereby declares, grants and conveys to the Association a non-
exclusive landscape easement on, through, over, under and across the Community in the area
shown and identified on the Subdivision Plat as "Landscape Easement" (the "Landscape
Easement").
1.2 The Landscape Easement shall be used by the Association for the
installation, maintenance, repair and replacement of plantings, vegetation, groundcover,
underbrush and other customary landscape features necessary for the orderly development and
operation of the Community and the building and improvements from time to time located
thereon.
1.3 The Association shall be responsible for maintaining, at their expense, the
Landscape Easement in a good state of repair and in a safe and orderly condition in accordance
with the requirements of Albemarle County, Virginia. To the extent that areas adjoining the
Landscape Easement are disturbed during the installation and/or replacement of permitted plants,
vegetation, underbrush and other landscaping features and improvements, such disturbed areas
shall be promptly restored at the sole expense of the Association upon completion of such work.
2. Sidewalk Easement. The Declarant hereby declares, grants and conveys unto the
Association, its successors and assigns a perpetual,non-exclusive easement for pedestrian ingress
and egress over, upon and across the Community in the location shown and identified on the
Subdivision Plat as "2' Sidewalk Easement". The Association, its successors and assigns shall
maintain all sidewalks and other improvements located in the easement area at its sole expense.
3. Severability. The terms and provisions of this Agreement are severable and in the
event that any term or provision of this Agreement is invalid or unenforceable for any reason, the
remaining terms and provisions hereof shall remain in full force and effect.
4. Waiver. No restriction, condition, obligation or provision of this Agreement shall
be deemed to have been abrogated or waived by reason of any failure or failures to enforce the
same.
5. Modification. This Agreement shall not be modified or amended except by an
instrument duly executed by Declarant and the Owner and Occupants, which instrument shall be
recorded in the land records of the County.
6. No Dedication. The provisions of this Agreement are not intended to and do not
constitute a dedication for public use and the easements and related rights and benefits created
under this Agreement are private and solely for the benefit of the parties hereto.
7. Controlling Law. This Agreement shall be construed, performed and enforced in
accordance with the laws of the Commonwealth of Virginia.
8. Successors. This Agreement shall be binding upon the Declarant and its
successors and assigns.
[Signature Pages to Follow]
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WITNESS the following signatures.
DECLARANT:
AVON PROPERTIES, L , a Virginia limited
liability co
BY:
Andrew J. Donde , Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF C'Ap✓\o- -ey t\\Q, , to-wit:
The foregoing Agreement was acknowledged before me this 2Aca day of , 2016,by
Andrew J. Dondero, as Vice President of Avon Properties, LLC, on behalf of the co any.
�ailowe 410 ,,, Notary Public
NOTARY °o ID # 1(0 33(.09)--C
PUBL' 3624 ' My commission expires: 8(3k 1206
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ASSOCIATION:
AVINITY HOMEOWNERS ASSOCIATION,
INC., a Virginia nonstock corporation
BY:
Name: r.,h rt"
Title: P rtis.
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ekol do t v1\\Q. ,to-wit:
ms
The foregoing Agreement was acknowledged before me this c-7- day ofFC'XOru , 2016,by
itkt o C , as P(•.e. ,: ..\-t, of Avinity Homeowners Association, Inc. oii behalf of
the company.
Notary Public
ID # -](o33(02�-}
My commission expires: SW 120 tcl
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GRANTEE'S ADDRESS: ��y° NOTARY c�o�'
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