HomeMy WebLinkAboutSUB201600044 Deed of Easment 2016-05-24 Nape
This document was prepared by:
Brian S.Johnson,VSB#74484
Law Offices of Brian S.Johnson,PLLC
820 East High Street,Suite A,
Charlottesville,Virginia 22902
Tax Map and Parcel No.05600-00-00-03600 and
Tax Map and Parcel No.05600-00-00-036A0
This deed is exempt from taxation under Virginia Code§58.1-811(A)(3).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this 44 day of MAI , 2016 by and
between SM CHARLOTTESVILLE,LLC, a Virginia limited liability company, Grantor, and
the ALBEMARLE COUNTY SERVICE AUTHORITY, 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"20'ACSA water easement"to be
dedicated to public use, shown on plat of Roudabush, Gale &Associates, Inc., dated
January 21,2015, revised April 15, 2016 recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia in Deed Book ,page (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 that certain lot or parcel of land situated in
the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Parcels
36 and 36A on Tax Map 56 on a plat by Roudabush, Gale&Associates,Inc., dated January 21,
2015, revised April 15, 2016 and recorded in the Clerk's Office of the Circuit Court of
Albemarle County,Virginia in Deed Book ,page , also being the same property
conveyed to the Grantor by deed of Crozet Ave Partnership,LLC, a Virginia limited liability
company, recorded in said Clerk's Office in Deed Book 4670, Page 346; and
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New .4.6se
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 water lines,
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 ($10.00), 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:
As a part of the Easement the Grantee shall have the right to enter upon the Property for the
purpose of installing, constructing, reconstructing, maintaining, changing, altering, repairing,
replacing and extending a water line and appurtenances thereto(the"Improvements"),within the
Easement and the right of ingress and egress thereto as reasonably necessary to construct, install,
maintain, repair, replace and extend the Improvements. If the Grantee is unable to reasonably
exercise the right of ingress and egress over the right-of-way, the Grantee shall have the right of
2
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ingress and egress over the property of the Grantor adjacent to the right-of-way.
Whenever it is necessary to excavate earth within the Easement,the Grantee agrees to backfill
such excavation in a proper and workmanlike manner so as to restore surface conditions to the same
condition as prior to excavation,including restoration of such paved surfaces as may be damaged or
disturbed as part of such excavation.
The Easement provided for herein shall include the right of the Grantee to cut any trees,brush
and shrubbery, remove obstructions and take other similar action reasonably necessary to provide
economical and safe water line installation, operation and maintenance. The Grantee shall have no
responsibility to the Grantor or its successors or assigns, to replace or reimburse the cost of said
trees, brush, shrubbery and obstructions that are cut, removed or otherwise damaged.
Grantor, its successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or
other improvements or construction shall not be placed within the easements conveyed herein.
The Improvements constructed by the Grantee within the Easement shall be the property of the
Grantee,which shall have the right to inspect,maintain,rebuild,remove,repair,improve and make
such changes, alterations and connections to or extensions of the Improvements within the
boundaries of the Easement as are consistent with the purposes expressed herein, and the right to
ingress and egress to the Easement as is reasonably necessary to perform such actions.
It is expressly understood and agreed that the Grantee shall not be deemed to have accepted the
conveyance of the Easement until such time as the same has been evidenced by the affirmative
acceptance thereof in accordance with the usual and customary practices of the Service Authority.
The Easement and the rights and obligations established herein shall run with the land in
perpetuity, and shall be binding upon the Grantor and the Grantee, and their respective successors
and assigns. All references herein to the "Grantor" and the "Grantee" include their respective
3
successors and assigns. All references to the "Grantee", when exercising any right or obligation
herein, include the Grantee's employees and agents.
[Signatures on following pages]
4
' WITNESS the following signatures and seals.
GRANTOR: SM CHARLOTTESVILLE, LLC
By
Name: a c. N ,.d,,l
Title: (7rsul „ ' . c ,.,,, �'a' .
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Allot mart v •
The foregoing instrument was acknowledged before me this Up day of May ,
2016 by Ate« r,,t\i,, , Fet,,lai,z— of SM CHARLOTTESVILLE, LLC,
Grantor.
•i
Notary Public
My Commission Expires: Na,-ch-, 31 � � HAYDEN ANNE BRRE`Ep OVE"
J ,� 9PUBLIC
Registration number:?cos$391 REGISTRATION# 7658391COMMONWEALTH Of VIRGINIA
MY COMMISSION EXPIRES
MARCH 31, 2019
GRANTEE: ALBEMARLE COUNTY SERVICE
AUTHORITY
/ , c
By ! F r.1
0
Name fdp r1 r i
Title: 6 C� �W
�c� � � Gam^
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF/9-// pr—/e, :
The foregoing instrument was acknowledged before me this 8 day of
_y,f(tom. , 2016 by 6' 0 acne-I I , ,3Y in , on behalf of
the Albemarle County Service Authority;—Gran --.
Notary Pub is
My Commission Expires: 1 ,L3/)1(0
Registration number: ,p)/,07 333(
Approved as to form:
County Attorney
5
This document was prepared by:
Brian S.Johnson,VSB#74484
Law Offices of Brian S.Johnson,PLLC
820 East High Street,Suite A,
Charlottesville,Virginia 22902
Tax Map and Parcel No.05600-00-00-03600 and
Tax Map and Parcel No. 05600-00-00-036A0
This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this day of , 2016 by and
between SM CHARLOTTESVILLE, LLC, a Virginia limited liability company("Grantor"),
and the COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the
Commonwealth of Virginia, or its assigns ("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 "15' (Each Side) Construction
Easement for Future Extension of Road" shown on plat of Roudabush, Gale&
Associates, Inc., dated January 21, 2015, last revised June 17, 2016,recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
page (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 that certain lot or parcel of land situated in
the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Parcels
36 and 36A on Tax Map 56 on a plat by Roudabush, Gale&Associates, Inc., dated January 21,
2015, last revised June 17, 2016, and recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book , page , also being the same property
1
conveyed to the Grantor by deed of Crozet Ave Partners, LLC, a Virginia limited liability
company, recorded in said Clerk's Office in Deed Book 4670, Page 346; 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 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.
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,perpetual exclusive Easement as shown on the Plat.
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:
As a part of the Easement the Grantee shall have the right to enter upon the Property for the
purpose of installing, constructing, reconstructing, maintaining, changing, altering, repairing,
replacing and extending a roadway and appurtenances thereto (the "Improvements"), within the
Easement and the right of ingress and egress thereto as reasonably necessary to construct, install,
maintain, repair, replace and extend the Improvements. If the Grantee is unable to reasonably
exercise the right of ingress and egress over the right-of-way, the Grantee shall have the right of
ingress and egress over the property of the Grantor adjacent to the right-of-way.
2
Whenever it is necessary to excavate earth within the Easement,the Grantee agrees to backfill
such excavation in a proper and workmanlike manner so as to restore surface conditions to the same
condition as prior to excavation,including restoration of such paved surfaces as maybe damaged or
disturbed as part of such excavation.
The Easement provided for herein shall include the right of the Grantee to cut any trees,brush
and shrubbery, remove obstructions and take other similar action reasonably necessary to provide
economical and safe installation,operation and maintenance of any Improvements.The Grantee shall
have no responsibility to the Grantor or its successors or assigns,to replace or reimburse the cost of
said trees,brush, shrubbery and obstructions that are cut,removed or otherwise damaged.
Grantor,its successors or assigns,agree that new trees,shrubs,fences,buildings,overhangs
or other improvements or construction shall not be placed within the Easement conveyed herein.
Any Improvements constructed within the Easement shall be the property of the Grantor,which
shall have the right to inspect, maintain,rebuild,remove,repair, improve and make such changes,
alterations and connections to or extensions of the Improvements within the boundaries of the
Easement as are consistent with the purposes expressed herein,and the right to ingress and egress to
the Easement as is reasonably necessary to perform such actions.
It is expressly understood and agreed that the Grantee shall not be deemed to have accepted the
conveyance of the Easement until such time as the same has been evidenced by the affirmative
acceptance thereof in accordance with the usual and customary practices of the Grantee.
The Easement and the rights and obligations established herein shall run with the land in
perpetuity, and shall be binding upon the Grantor and,the Grantee, and their respective successors
and assigns. All references herein to the "Grantor" and the "Grantee" include their respective
successors and assigns; and the Grantee is expressly authorized to assign its rights and obligations
3
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herein to the owner of Tax Map and Parcel No. 05600-00-00-03700 in conjunction with the
extension of the road onto that parcel. All references to the Grantee, when exercising any right or
obligation herein, includes the Grantee's 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]
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Now
WITNESS the following signatures and seals.
GRANTOR: SM CHARLOTTESVILLE, LLC
By
Its:
COMMONWEALTH OF VIRGINIA
(IJCOUNTY OF Go a.1/10-t-eSV t L
The foregoing instrument was acknowledged before me this I day of 3U L
2016 byf 1(l(e( ('. -0011war� 9"f 1 d-eVlc of SM CHARLOTTESVILLE,"LLC,
Grantor.
//1
✓ ' N
My Commission Expires:AV(11 30 ASHLEY NICOLE SfPE
I
Registration number: 7 Law 044.0 Notary PpeiiC
Commonwealth of Virginia
7650540
My Commission Expires Apr 30,2019 1
GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA
\J-)Lim715-eej,
Name: Thom cs £' . )t.(/
Title: (i_ou r)r L u e—Cu T1✓e
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this /4 iay of
_ < y , 2016 by jotna3 e //ey , on behalf of the County of
Albemarle, Virginia, Grantee. AiLtid44-4
•
Notary Public �.���E .•. �� %,��
My Commission Expires 3o, 40/ 7 .• `o
Registration number: c7. 5.---3 7? ' ®' NOTA,gy ;N
s% ' %BUC
Approved as to form: 0 9F a :•�'`�.�'
0 #25.?.. • `��
Int/� •///illi:;u��c�'�
Co n ' t •rnf
5
This document was prepared by:
Brian S.Johnson,VSB#74484
Law Offices of Brian S.Johnson,PLLC
820 East High Street, Suite A,
Charlottesville,Virginia 22902
Tax Map and Parcel No.05600-00-00-03600 and
Tax Map and Parcel No.05600-00-00-036A0
This deed is exempt from taxation under Virginia Code§58.1-811(A)(3).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this 24 day of Mil , 2016 by and
between SM CHARLOTTESVILLE,LLC, a Virginia limited liability company, Grantor, and
the ALBEMARLE COUNTY SERVICE AUTHORITY, 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"20'sanitary sewer easement"to be
dedicated to public use, shown on plat of Roudabush, Gale&Associates, Inc., dated
January 21, 2015,revised April 15, 2016,recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia in Deed Book , page (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 that certain lot or parcel of land situated in
the White Hall Magisterial District of the County of Albemarle,Virginia, designated as Parcels
36 and 36A on Tax Map 56 on a plat by Roudabush, Gale &Associates, Inc., dated January 21,
2015, revised April 16, 2016 and recorded in the Clerk's Office of the Circuit Court of
Albemarle County,Virginia in Deed Book , page , also being the same property
conveyed to the Grantor by deed of Crozet Ave Partnership,LLC, a Virginia limited liability
company,recorded in said Clerk's Office in Deed Book 4670, Page 346; 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, including all sanitary sewer
lines,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 ($10.00), 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:
As a part of the Easement the Grantee shall have the right to enter upon the Property for the
purpose of installing, constructing, reconstructing, maintaining, changing, altering, repairing,
replacing and extending a sewer line and appurtenances thereto(the"Improvements"),within the
Easement and the right of ingress and egress thereto as reasonably necessary to construct, install,
maintain, repair, replace and extend the Improvements. If the Grantee is unable to reasonably
exercise the right of ingress and egress over the right-of-way, the Grantee shall have the right of
2
•
ingress and egress over the property of the Grantor adjacent to the right-of-way.
Whenever it is necessary to excavate earth within the Easement,the Grantee agrees to backfill
such excavation in a proper and workmanlike manner so as to restore surface conditions to the same
condition as prior to excavation,including restoration of such paved surfaces as may be damaged or
disturbed as part of such excavation.
The Easement provided for herein shall include the right of the Grantee to cut any trees,brush
and shrubbery, remove obstructions and take other similar action reasonably necessary to provide
economical and safe sewer line installation,operation and maintenance. The Grantee shall have no
responsibility to the Grantor or its successors or assigns, to replace or reimburse the cost of said
trees, brush, shrubbery and obstructions that are cut,removed or otherwise damaged.
Grantor, its successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or
other improvements or construction shall not be placed within the easements conveyed herein.
The Improvements constructed by the Grantee within the Easement shall be the property of the
Grantee,which shall have the right to inspect,maintain,rebuild,remove,repair,improve and make
such changes, alterations and connections to or extensions of the Improvements within the
boundaries of the Easement as are consistent with the purposes expressed herein, and the right to
ingress and egress to the Easement as is reasonably necessary to perform such actions.
It is expressly understood and agreed that the Grantee shall not be deemed to have accepted the
conveyance of the Easement until such time as the same has been evidenced by the affirmative
acceptance thereof in accordance with the usual and customary practices of the Grantee.
The Easement and the rights and obligations established herein shall run with the land in
perpetuity, and shall be binding upon the Grantor and the Grantee, and their respective successors
and assigns. All references herein to the "Grantor" and the "Grantee" include their respective
3
144111111V '4114
successors and assigns. All references to the "Grantee", when exercising any right or obligation
herein, include the Grantee's employees and agents.
[Signatures on following pages]
4
WITNESS the following signatures and seals.
GRANTOR: SM CHARLOTTESVILLE,LLC
By
Name: L. o� t„r i'�►,
Title: Qt-biclk►S -.SO4)-ktu-n R.tJtct-.
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF A keitylayl •
The foregoing instrument was acknowledged before me this go, day of iA
2016 bya,,, ,�,�,� , Pcca�cl of SM CHARLOTTESVILLE, LLC,
Grantor.
►�+�illtel#MBELEIDLOVE
My Commission Expires: March Ni abl q REGIST RATION# 7658391
OF
Registration number:145$3q ONWEALTH
1 C MMY COMMISSION EXPIRESIA
MARCH 31, 2019
e
GRANTEE: ALBEMARLE COUNTY SERVICE
AUTHORITY
Tame: AI^ .ecu P Dil1`PC r
Iitle: firy 0'00/144t°
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF iWteryprk-
The foregoing instrument was cknowled ed before me this" day of
o e- , 20l 6 by �( , �ice#n!on behalf of the
Albemarle County Service Authority, Gran`fee-
Notary ublic
My Commission Expires: 9/3/i/(o
Registration number: 1/13 3334,
Approved as to form:
County Attorney
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