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Home My WebLink AboutSUB201600250 Easements Easement Plat 2017-01-27 Community Development Document Review County Attorney's Office TO: Christopher P. Perez, Senior Planner PROJECT NUMBER: SUB2016-250 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 X Other: The document: _X_ 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 is 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) Comment:: 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: J.4 C. Blair, II uty County Attorney This document prepared by and please return to: Collison F.Royer,Esq.(VSB#65893) Royer Caramanis&McDonough,PLC 200-C Garrett St. Charlottesville,VA 22902 Tax Map&Parcel No.: 061A0-06-1A-02000 NO TITLE SEARCH HAS BEEN CONDUCTED IN CONNECTION WITH THE CONVEYANCE MADE HEREIN. DEED OF EASEMENT THIS DEED OF EASEMENT is made as of the day of , 20_, by and among Lochlyn Hill Development Group, LLC, a Virginia limited liability company ("Grantor"), and Ian S. Thomas and Lauren M. Thomas, husband and wife, their successors and assigns (together, "Grantee"), whose address is 1132 Vegas Court, Charlottesville, Virginia 22901, and Lochlyn Hill Neighborhood Association, Inc., a Virginia non-stock corporation formed pursuant to the Virginia Property Owners Association Act, its successors and assigns, whose address is 126 Garrett Street, Suite D, Charlottesville, Virginia 22902 ("Second Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located in the County of Albemarle, Virginia, shown and described as "COMMON AREA OPEN SPACE 3" (the "Property") on that certain plat prepared by Kirk Hughes & Associates entitled "SUBDIVISION PLAT LOCHLYN HILL PHASES 1A AND 1B RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY VIRGINIA" dated September 4, 2013, and last revised March 26, 2014 (the "Original Plat") and recorded along with that certain Lochlyn Hill Declaration of Covenants and Restrictions, dated March 28, 2014, in the aforesaid Clerk's Office of the Circuit Court of the County of Albemarle, Virginia (the "County Clerk's Office"), in Deed Book 4476, page 197, as amended from time to time (the "Declaration"). WHERAS, Grantee is the owner of adjoining real property known as Lot 20, and more particularly described on that certain plat by Kirk Hughes and Associates entitled "BOUNDARY ADJUSTMENT BETWEEN LOTS 19 AND 20 PHASE 1A LOCHLYN HILL SUBDIVISION RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" dated July 24, 2015 and recorded in the County Clerk's Office in Deed Book 4664, page 612, being the same property conveyed to Grantee by deed from Dickerson Homes and Development, LLC, a Virginia limited liability company, dated November 7, 2016, and recorded in the County Clerk's Office in Deed Book 4840, page 435 ("Lot 20"); and WHEREAS, Grantor and Grantee desire to establish an easement over, under, through, upon and across a portion the Property for the benefit of Lot 20. WHERAS, Grantor and Additional Grantee desire to establish an easement over, under, through and across a portion of the Property for a variable width private alley. NOW, THEREFORE, for TENNO/100 DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor makes the following conveyances: Grantor hereby grants, bargains, sells and conveys, with general warranty and English covenants of title, unto Grantee, its successors and assigns, the perpetual, exclusive right, privilege and easement over, under, through, upon and across that certain easement area described as the "NEW 30' ALLEY EASEMENT" and shown on that certain plat prepared by Kirk Hughes and Associates entitled "SURVEY SHOWING NEW 30' ALLEY EASEMENT AND A NEW VARIABLE WIDTH PRIVATE ALLEY ACROSS COMMON AREA OPEN SPACE 3 LOCHLYN HILL, PHASE 1A RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" dated December 2, 2016 (attached hereto as Exhibit A, the "New Easement Plat"), for the purposes of Grantee's unencumbered driveway access such that Grantee shall have access to the driveway for ingress and egress to and from Lot 20 (the "Easement"). Additionally, in furtherance of the terms, provisions and purposes of the Declaration, including vehicular traffic, Grantor hereby grants, bargains, sells and conveys, with general warranty and English covenants of title, unto Additional Grantee, its successors and assigns, the perpetual, exclusive right, privilege and easement over, under, through, upon and across that certain easement area described as the "NEW VARIABLE WIDTH ALLEY" and shown on the New Easement Plat. By recording the easements granted herein, each of the Grantee and the Additional Grantee acknowledge that such easements are subject to the jurisdiction of the Declaration, and, specifically, that for maintenance purposes the same shall be Private Alleys, as the same are further defined in the Declaration. The easements granted herein shall be appurtenances to the dominant lands and, shall run with the land, and remain in force until otherwise terminated by a recorded instrument executed by the parties, their successors or assigns. [Signature Page to Follows.] WITNESS the following duly authorized signature as of the date first above written: LOCHLYN HILL DEVELOPMENT GROUP, LLC, a Virginia limited liability company By: Name: Title: STATE OF VIRGINIA ) ) To-wit: CITY/COUNTY OF ) The foregoing Deed of Easement was acknowledged before me this day of , 201 , by , as , of Lochlyn Hill Development Group, a Virginia limited liability company, on its behalf. Notary Public My Commission Expires: Notary ID No.: EXHIBIT A [Insert easement plat.] TMP: This document prepared by and to be returned to: Collison F. Royer(VSB 65893) Royer Caramanis&McDonough,PLC 200-C Garrett Street Charlottesville,Virginia 22902 SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR LOCHLYN HILL THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR LOCHLYN HILL (the "Second Amendment") is made this day of , 201 , by LOCHLYN HILL NEIGHBORHOOD ASSOCIATION, INC., a Virginia non-stock corporation (the "Association"). WITNESSETH : WHEREAS, on April 4, 2014, in accordance with the Property Owners' Association Act, Chapter 26 of Title 55 of the Code of Virginia (1950), as amended, Lochlyn Hill Development Group, LLC, a Virginia limited liability company ("Declarant"), and the Association recorded that certain Lochlyn Hill Declaration of Covenants and Restrictions, dated March 28, 2014, in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia(the "County Clerk's Office"), in Deed Book 4476, page 197, as amended from time to time (the "Declaration"). WHEREAS, in accordance with the terms and provisions of the Declaration, Declarant and Association recorded therewith that certain subdivision plat for Lochlyn Hill (the "Neighborhood") prepared by Kirk Hughes & Associates entitled "SUBDIVISION PLAT LOCHLYN HILL PHASES 1A AND 1B RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY VIRGINIA" dated September 4, 2013, and last revised March 26, 2014 (the "Plat"). WHEREAS, as evidenced by the Plat, certain of Declarant's property adjacent to Lot 20, as the same is shown on a different plat prepared by Kirk Hughes and Associates entitled "Boundary Adjustment Between Lots 19 and 20 Phase 1A Lochlyn Hill Subdivision Rio Magisterial District Albemarle County, Virginia" dated July 24, 2015 and recorded in the County Clerk's Office in Deed Book 4664, page 612, and adjacent to Lot 26, as the same is shown on the Plat, was designated as "COMMON AREA OPEN SPACE 3", which property consisted of, among other things, various easements serving the Neighborhood, all as more particularly shown on the Plat ("Open Space 3"). WHEREAS, in furtherance of the planned development of the Neighborhood and neighboring parcels, Declarant granted an easement for ingress and egress across a portion of Open Space 3 to the owners of Lot 20, their successors, heirs and assigns, all as more fully described and set forth in that certain Deed of Easement dated , 20_, recorded , 20 , in the County Clerk's Office in Deed Book , page , along with that certain easement plat prepared by Kirk Hughes and Associates entitled "SURVEY SHOWING NEW 30' ALLEY EASEMENT AND A NEW VARIABLE WIDTH PRIVATE ALLEY ACROSS COMMON AREA OPEN SPACE 3 LOCHLYN HILL, PHASE 1A RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" dated December 2, 2016 (all together, the "Lot 20 Easement", with the plat being referred to herein as the "Easement Plat"). WHEREAS, also in furtherance of the planned development of the Neighborhood and neighboring parcels, and also conveyed pursuant to the Lot 20 Easement and as shown on the Easement Plat, Declarant granted to the Association an easement entitled "New Variable Width Private Alley" (the "Alley Extension"). WHEREAS, pursuant to Article XI, Section 2 of the Declaration, a duly called meeting of the Association was held in connection with the granting of the Lot 20 Easement subject to the quorum requirements set forth in Article III, Section 6 of the Declaration, and the appropriate number of votes were cast approving this Second Amendment. WHEREAS, the Association intends that this Second Amendment shall be recorded in the County Clerk's Office and the City Clerk's Office as required by Article XI, Section 2 of the Declaration. NOW THEREFORE, pursuant to the provisions of Article XI, Section 2 of the Declaration, the Association declares that the Declaration shall hereby be amended as set forth below. 1. The Association hereby affirms the Lot 20 Easement and designates the Lot 20 Easement as one of the Private Alleys (other than as to the exclusive nature of its use, as hereinafter set forth) as the same are defined in Article I of the Declaration provided, however, that the owner of Lot 20, its successors, heirs and assigns, shall, as set forth in the Deed of Easement, have exclusive use of the Lot 20 Easement for ingress and egress to and from Vegas Court to Lot 20. As set forth in the Lot 20 Easement, such easement shall be appurtenant to, run with the land, and pass with the title to Lot 20. 2. The Association further hereby affirms the New Alley Easement and designates the Lot 20 Easement as one of the Private Alleys as the same are defined in Article I of the Declaration. 3. Pursuant to Article XI, Section 2 of the Declaration, notice of the meeting of the Association at which this Second Amendment was adopted was given on ; the total number of votes of Voting Members (as the same is defined in the Declaration) of the Association at the time of such meeting was ; the total number of votes required to constitute a quorum at a meeting of the Association was ; the total number of votes present at said meeting was ; the total number of votes necessary to adopt this Second Amendment at said meeting was ; the total number of votes cast in favor of this Second Amendment at said meeting was ; and the total number of votes cast against this Second Amendment was . Accordingly, this Second 4 m • Awe Amendment was approved by the Voting Members of the Association. The effective date of this Second Amendment shall be , 201 . 4. This Second Amendment shall be effective upon recording in the County Clerk's Office and the City Clerk's Office. [The remainder of this page intentionally left blank. Signature follows on the next page.] WITNESS the following signatures: LOCHLYN HILL NEIGHBORHOOD ASSOCIATION, INC., Virginia non-stock corporation By: Name: Its: President By: Name: Its: Secretary COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , as President, and , as Secretary, of Lochlyn Hill Neighborhood Association, Inc., a Virginia non-stock corporation, on its behalf. Notary Public My commission expires: Notary registration number: