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Home My WebLink AboutSUB201600121 Deed of Easement 2016-06-22 This document was prepared by: Peter J.Caramanis(VSB No.43447) Royer,Caramanis&McDonough,PLC 200-C Garrett St. Charlottesville,Virginia 22902 Tax Map and Parcel Number 56-53 EASEMENT AGREEMENT This Easement Agreement is made this-"4day of , 2016,by and between LICKINGHOLE CREEK,LLC,a Virginia limited liability company("Grantor"),and PIEDMONT NEIGHBORHOODS, L.P., a Virginia limited partnership, whose address is 200 Garrett St., Suite B, Charlottesville, VA 22902 ("Grantee"). WHEREAS, Grantor owns certain real property in Albemarle County, Virginia identified as Tax Map and Parcel 56-53 consisting of 93.825 acres, more or less (the "Property"), more particularly shown on that Plat prepared by Roudabush, Gale & Associates, Inc. entitled "Mitigation Easement Plat Benefitting Whittington Subdivision at Westlake Hills Subdivision," dated June 2,2016,attached hereto as Exhibit A and incorporated herein by reference(the"Plat"); WHEREAS, the Property is part of the Westlake Hills subdivision; WHEREAS,Grantee is the developer of the Whittington subdivision,located in the Samuel Miller District of Albemarle County, and pursuant to a mitigation plan prepared by Collins Engineering and approved by the County (the "Mitigation Plan"), is required to plant certain plantings within a stream buffer to satisfy its obligations for the Whittington development; WHEREAS, Grantee desires to conduct that mitigation within the Property and Grantor consents to such mitigation as set forth herein. NOW, THEREFORE, for and inconsideration of the premises and TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Grantor hereby grants to Grantee an irrevocable and perpetual easement over those areas indicated on the Plat as"Mitigation Easement Area for Whittington Subdivision"(collectively,the "Mitigation Easement"). Within the Mitigation Easement, Grantee shall plant hardwood or pine seedlings at a density of 600 seedlings per acre. Such seedlings shall be spaced 8' x 8' on center with tree tubes and mats in accordance with the Chesapeake Bay Local Assistance Department's Riparian Buffers Modification and Mitigation Guidance Manual. Eighty-five percent(85%)of all plantings shall be native plants as listed on the Albemarle County Plant Database. All mitigation work done shall be consistent with the Mitigation Plan. 2. Grantor further hereby grants to Grantee a temporary ingress and egress easement over the Property(the "Access Easement")for purposes of accessing the Mitigation Easement to carry out the Mitigation Plan consistent with the previous paragraph. The Grantee shall have the right and easement of ingress and egress over any portion of the Property adjacent to the Mitigation Easement between any public or private roads and the Mitigation Easement.The Access Easement shall remain in effect until such time as all mitigation efforts have been completed and accepted by Albemarle County(the"County") and Grantee's bond associated with the Mitigation Plan has been released by the County. The County shall also have the right to use the Access Easement and to access the Mitigation Easement for purposes of inspection of the plantings. Grantee shall make reasonable effort to use such portions of the Property for access as minimally required and as minimally invasive to Grantor, its successors and assigns. 3. Grantee's work in the Mitigation Easement shall inure to the benefit of the County, and to the extent the County needs to exercise its rights under bonds, or other agreements it may have with the Grantee for the completion of the Mitigation Plan,the County,its agents and assigns, shall have all rights granted herein to Grantee for the purpose of completing the work contemplated by the Mitigation Plan within the Mitigation Easement. 4. The Mitigation 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 Mitigation Easement. 5. The Mitigation 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, and may include the County if and only if the County chooses to avail itself of any rights it may have to complete the Mitigation Plan on behalf of the Grantee. 6. Although it is not a party to the Mitigation Easement,the County of Albemarle,Virginia, is an intended third party beneficiary of the terms, conditions and restrictions imposed herein and shall have all of the rights to enforce such terms, conditions, and restrictions, including the Grantee's bond or other obligations to the County. [Signature Pages to Follow] WITNESS the following signatures: GRANTOR: LICKINGHOLE CREEK,LLC ./ By: Name: A [km_ K-- I 1v-c Title: Av`h^w i d 2..-01' COMMONWEALTH OF VIRGINIA CITY/COUNTY OF CAArvip 1Q, : The foregoing instrument was acknowledged before me this 'l2.da of y kAdv44„_ ,2016 by (*AWN 1-611t,o1. ,as tivti40 1'14A.Dolce/ of Lickinghole Creek,LLC, Grantor. (-2/(./C____-,.... '"2"-------_-- '/2011 Notary Public My Commission Expires: e2 3 , e O Mar10we ��0,,,, Registration number: 7(p 3 3(0 24 `,a\�o� 2.NOTARY c ' m • PUBLIC E = REG.#7633624 .: ' n .MY COMMISSION r K � EXPIRES Z ••4, '-. 08/31/2019 .. CI. 'o,. £4 UT i pf ,,,,,, GRANTEE: PIEDMONT NEIGHBORHOODS,L.P. By: Name: Anckv4.3 C, 401ItaatiL Title: PCestL,ir- V—e.Sior•+- COMMONWEALTH,QF VIRGINIA CITY/COUNTY OF 1 E,4j • fo egoirkg instrument was ackno dgedb�fore me this day of � , 2016 by ,as tA11 of Piedmont Neighborhoods, D L P.,Grantee. AA tr_ No ,ry Public My Commission Expires: , i , ca CARRIE K GILLISPIE Jr { NOTARY PUBLI -jl C Registration number: �„ N ` el REGISTRATION# 7562867 )COMMONWEALTH OF VIRGINIA F� .1.1t„ MY COMMISSION EXPIRES JUNE 30, 201 7 4 ,4460, Noe Exhibit A (Plat) . Community Development Document Review County Attorney's Office TO: Jcwi i 1O5 tCityx p } „� �`,,, PROJECT NUMBER: A)� I k1(1 ,.( !t' '\i r STl'n e1`1. You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination 1 V7 Other: ( )i."LiTO-K. SC ili Vt.r The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below /is conditionally approved and ready to be circulated for signatures and acknowledgements Vis conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) :Legal description needs to be revised (see comment below) : Other (see comment below)r� Comment: ,,.....e ho ic5frot 1 E'.x 4 / 5C-1,5,5'e c 44, (C,zn)i.tt...T otk, oc.;,rc---i-- If the document is approved,was submitted with the applicants'signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures, a final version of the document with the required signatures may now be submitted. Date: 0 1 /t Greg I a er Depu ' o _ty At orn This document was prepared by: Peter J.Caramanis(VSB No.43447) Royer,Caramanis&McDonough,PLC 200-C Garrett St. Charlottesville,Virginia 22902 Tax Map and Parcel Number 56-53 EASEMENT AGREEMENT This Easement Agreement is made this day of , 2016, by and between LICKINGHOLE CREEK, LLC, a Virginia limited liability company ("Grantor"), v41 PIEDMONT NEIGHBORHOODS, L.P., a Virginia limited partnership, whose address is 200 Garrett St., Suite B, Charlottesville, VA 22902 ("Grantee") a ! _ ► I ALBS-MARLS-,,--VIRG-INIAT-a political sub isiori oFTit Fran—moriwealtft-of Virginia--(-t-1 . «County9. WHEREAS, Grantor owns certain real property in Albemarle County, Virginia identified as Tax Map and Parcel 56-53 consisting of 93.825 acres, more or less (the "Property"), more particularly shown on that Plat prepared by Roudabush, Gale & Associates, Inc. entitled "Mitigation Easement Plat Benefitting Whittington Subdivision at Westlake Hills Subdivision," dated June 2,2016, attached hereto as Exhibit A and incorporated herein by reference (the "Plat"); WHEREAS, the Property is part of the Westlake Hills subdivision; WHEREAS,Grantee is the developer of the Whittington subdivision,located in the Samuel Miller District of Albemarle County, and pursuant to a mitigation plan prepared by Collins Engineering and approved by the County (the "Mitigation Plan"), is required to plant certain plantings within a stream buffer to satisfy its obligations for the Whittington development; WHEREAS, Grantee desires to conduct that mitigation within the Property and Grantor consents to such mitigation as set forth herein. New 'Now' NOW, THEREFORE, for and inconsideration of the premises and TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor hereby grants to Grantee an irrevocable and perpetual easement over those areas indicated on the Plat as"Mitigation Easement Area for Whittington Subdivision"(collectively,the "Mitigation Easement"). Within the Mitigation Easement, Grantee shall plant hardwood or pine seedlings at a density of 600 seedlings per acre. Such seedlings shall be spaced 8' x 8' on center with tree tubes and mats in accordance with the Chesapeake Bay Local Assistance Department's Riparian Buffers Modification and Mitigation Guidance Manual. Eighty-five percent(85%) of all plantings shall be native plants as listed on the Albemarle County Plant Database. All mitigation work done shall be consistent with the Mitigation Plan. 2. Grantor further hereby grants to Grantee a temporary ingress and egress easement over the Property (the "Access Easement") for purposes of accessing the Mitigation Easement to carry out the Mitigation Plan consistent with the previous paragraph. The Grantee shall have the right and easement of ingress and egress over any portion of the Property adjacent to the Mitigation Easement between any public or private roads and the Mitigation Easement. The Access Easement shall remain in effect until such time as all mitigation efforts have been completed and accepted by the County and Grantee's bond associated with the Mitigation Plan has been released by the County. The County shall also have the right to use the Access Easement and to access the Mitigation Easement for purposes of inspection of the plantings. Grantee and/or County shall make reasonable effort to use such portions of the Property for access as minimally required and as minimally invasive to Grantor, its successors and assigns. 3. Grantee's work in the Mitigation Easement shall inure to the benefit of the County, and to the extent the County needs to exercise its rights under bonds, or other agreements it may have with the Grantee for the completion of the Mitigation Plan,the County,its agents and assigns, shall have all rights granted herein to Grantee for the purpose of completing the work contemplated by the Mitigation Plan within the Mitigation Easement. 4. The Mitigation 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 Mitigation Easement. 5. The Mitigation 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, and may include the County if and only if the County chooses to avail itself of any rights it may have to complete the Mitigation Plan on behalf of the Grantee. 6. The Coun sha have no obligations under this Agreement unless it chooses of its own accord to assume Gra, .-'s obligations hereunder in enforcement of Grantee's bond or other obligations to the aunty.. n� i v/ b�_ �u 5L)Car!{`t `5 Act C"` 6016/ g Y ��1 �'t'� /�� r � � 7 � � l�G j 1 Pay' /a)orthi neel 461-- sIyl 6 [1 del ha fe ft' ,no it) ' es k.,r-aiA focritezkot ) [Signature Pages to Follow] 6 ' A 1 n f.t h. i is 15 iict . p c ,.1;3' ' ` . t' f j l�1l� Ltre'n (_ .�..rJE'-'fJ1 c i1 t 1 / i P e,6 11-y 01 AI bernetr Virgto Cc i, is Cvi in leaded 'MO part9 hQ---rrefitiCz ell ef tile te-on5/ ecoiddi'm t, ic 1 r strOavls‘ inliY-Ze t) h . (1-1 4,11C1 6,1141 hotve. all of tile 1-129h t5 -en f rce 5uc d WITNESS the following signatures: GRANTOR: LICKINGHOLE CREEK, LLC By: Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF • The foregoing instrument was acknowledged before me this day of , 2016 by , as of Lickinghole Creek, LLC, Grantor. Notary Public My Commission Expires: Registration number: New GRANTEE: PIEDMONT NEIGHBORHOODS, L.P. By: Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF • The foregoing instrument was acknowledged before me this day of , 2016 by , as of Piedmont Neighborhoods, L.P., Grantee. Notary Public My Commission Expires: Registration number: COUNTY: COUNTY OF ALBEMARLE,VIRGINIA i Thomas C., 'oley County E(ecutive COMMONWEALTH OF VIRGINIA 1 CITY OF CHARLOTTESVILLE: tf The foregoing instrument was acknowledged before me this day of ,2016 by Thomas C. Foley, County Executive, onA1behalf of the County of Albemarle,Virginia, Grantee. Notary Public My Commission Expires: Registration number: rr Approved as to form: County Attorney Exhibit A (Plat)