HomeMy WebLinkAboutSDP201800004 Easements 2018-05-09THIS INSTRUMENT PREPARED BY & TO BF RETURNED TO:
NAME Shenandoah Mobile, LLC
ADDRESS It 50 Shenandoah Village Drive
Waynesboro, Virginia 22980
Albemarle County Tax Parcels: 06200-00-00-06300 and 06200-00-00-06500
COMMONWEALTH OF VIRGINIA } EASEMENT FOR
COUNTY OF ALBEMARLE } FALL ZONE
This inshwnnent is made and executed between EARLENE COLES, having a mailing
address of 2108 Stony Point Road, Charlottesville, VA 22911, hereafter designated GRANTOR
and SHENANDOAH MOBILE, LLC, a Virginia limited liability company with its corporate
office located at 500 Shentel Way (PO Box 459), Fdinburg, Virginia 22824, hereinafter designated
GRANTEE.
WHEREAS, GRANTEE has entered into a Site Agreement (the "Site Agreement") with
Matthew S. Farrell for the lease of that certain parcel of property located near the City of
Charlottesville, Albemarle County, Virginia (the "Lease Site");
WHEREAS, GRANTOR owns property adjacent to the property owned by Matthew S.
Farrell. GRANTOR's property is shown on the'fax Map for the County of Albemarle as Tax Parcel
Number 06200-00-00-06500, and being further described in Deed Rook 1165 at Page 369 as
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia.
WHEREAS, GRANTEE intends to construct a one hundred thirty-three (133) foot
communications tower on the Lease Site, and Chapter 18 Section 5.1 .40 of the County of
Albemarle Zoning Ordinance requires that no habitable structures shall be within the required
setback area.
WITNESSETH:
NOW, THEREFORE, KNOW AU, MEN BY THF,SF PRFSENTS, that GRANTOR for
67014 Stony Point
and in consideration of the sum of Five Thousand and 00/100 Dollars ($5,000.00), to it in hand
paid at and before the sealing of these presents by GRANTFR, in the Commonwealth aforesaid,
the receipt of which sum is hereby acknowledged, has granted bargained, sold and released, and
by these Presents does grant, bargain, sell and release, unto GRANTEE, its successor and
assigns, .t nonexclusive easement (the "Fall Zone Easement Area"), for the purpose of a fall
zone, over that area being in a circular slhapc, with a radius of one hundred thirty three (133) feet,
excluding that portion of the circle which is the Lease Site, and covering that real property being
substantially as described as follows, to wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN
PROVISIONS
I. It is (lie intent of this Deed of Easement lur Fall Zone to convey to GRANTEE a non,
exchisive easement for the purposes as set forth herein over (lie entire Fall Zone Easement
Area. However, to the extent the grant made hereby shall fail in any respect, or is held to
be invalid, in whole or in part, including but not limited to the effectiveness of the grant
made hereby, this Deed of Easement for Fall 'Zone shall continue in full force and effect to
the Rill extent of GRANTOR's interest in and to any pati of the Fall Zone Easement Area.
2. GRANTEE, its agents, independent contractors, subtenants, licensees, tenants and invitees
shall have the use of the Fall Zone Easement Area as described herein for the purpose of
satisfying; Chapter 18 ,Section 5. 1 .40 of the County of Albemarle Zoning; Ordinance.
3. GRANTEE and GRANTOR shall not make any improvcmcnls within the Fall Zone
Easement Area,
4. The ta•m of this Deed of Easement for Fall Zone shall be equal to and shall correspond
with the term of the Site Agreement, as it may be amended from time to time, entered into
by GRANTEE and Matthew S. Farrell contemporaneously with this Deed of Easement for
Fall Zone. Upon the termination of Clic Lease Agreement, this Deed of Easement for Fall
Zone shall terminate ninety (90) days thercaller.
5, GRANTOR covenants that GRANTOR is seized of good and sufficient title and interest to
the Fall Zone Easement Area and has full authority to enter into and execute this Deed of
Easement for Fall Zone. GRANTOR further covenants that there are no other liens,
judgments or impediments of title on the Fall Zone Easement Area or affecting
C7RANTOR's title to the same and that there are no covenants, easements or restrictions
which prevent the use of the Fall Zone Easement Area by the GRANTEE as set forth above.
67014 Stony Point
N`r/
THIS INSTRUMENT PREPARED BY&TO BE RETURNED TO:
NAME Shenandoah Mobile,LLC
ADDRESS I 150 Shenandoah Village Drive
Waynesboro,Virginia 22980
Albemarle County Tax Parcels: 06200-00-00-06300 and 06200-00-00-06500
COMMONWEALTH OF VIRGINIA ) EASEMENT FOR
COUNTY OF ALBEMARLE } FALL ZONE
This Instrument is made and executed between EARLENE COLES, having a mailing
address of 2108 Stony Point Road, Charlottesville, VA 22911,hereafter designated GRANTOR
and SHENANDOAH MOBILE, LLC, a Virginia limited liability company with its corporate
office located at 500 Shentel Way(P0 Box 459),Edinburg,Virginia 22824,hereinafter designated
GRANTEE.
WHEREAS,GRANTEE has entered into a Site Agreement(the"Site Agreement")with
Matthew S. Farrell for the lease of that certain parcel of property located near the City of
Charlottesville,Albemarle County,Virginia(the"Lease Site"); j
WHEREAS, GRANTOR owns property adjacent to the property owned by Matthew S.
Farrell.GRANTOR's property is shown on the Tax Map for the County of Albemarle as Tax Parcel
Number 06200-00-00-06500, and being further described in Deed Book 11 .5 at Page 369 as
recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia.
WHEREAS, GRANTEE intends to construct a one hundred thirty-three (133) foot
communications tower on the Lease Site, and Chapter 18 Section 5.1 .40 of the County of
Albemarle Zoning Ordinance requires that no habitable structures shall be within the required
setback area.
WITNESSETH;
NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS,that GRANTOR for
67014 Stony Point
and in consideration of the sum of Five Thousand and 00/100 Dollars(S5,000.00),to it in hand
paid at and before the sealing of these presents by GRANTEE,in the Commonwealth aforesaid,
the receipt of which sum is hereby acknowledged,has granted bargained,sold and released,and
by these Presents does grant,bargain,sell and release,unto GRANTEE,its successor and
assigns,a nonexclusive easement(the"Fall Zone Easement Area"),for the purpose of a fall
zone,over that area being in a circular shape,with a radius of one hundred thirty three(133)feet,
excluding that portion of the circle which is the Lease Site,and covering that real property being
substantially as described as follows,to wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN
PROVISIONS
I. It is the intent of this Deed of Easement Ibr Fall Zone to convey to GRANTEE a non-
exclusive easement for the purposes as set forth herein over the entire Fall Zone Easement
Area. However,to the extent the grant made hereby shall fail in any respect,or is held to
be invalid, in whole or in part, including but not limited to the effectiveness of the grant
made hereby,this Deed of Easement for Fall Zone shall continue in full force and effect to
the full extent of ORANTOR's interest in and to any part of the Fall Zone Easement Area.
2. GRANTEE,its agents,independent contractors,subtenants,licensees,tenants and invitees
shall have the use of the Fall Zone Easement Arca as described herein for the purpose of
satisfying Chapter 18 Section 5. I .40 of the County of Albemarle Zoning Ordinance.
3. GRANTEE and GRANTOR shall not make any improvements within the Fall Zone
Easement Area.
4. The term of this Deed of Easement for Fall Zone shall be equal to and shall correspond
with the term of the Site Agreement,as it may be amended from time to time,entered into
by GRANTEE and Matthew S.Farrell contemporaneously with this Deed of Easement far
Fall Zone. Upon the termination of the Lease Agreement, this Deed of Easement for Fall
Zone shall terminate ninety(90)days thereafter.
•
5. GRANTOR covenants that GRANTOR is seized of good and sufficient title and interest to
the Fall Zone Easement Area and has full authority to enter into and execute this Deed of
Easement for Fall Zone. GRANTOR further covenants that there are no other liens,
judgments or impediments of title on the Fall Zone Easement Area or affecting
(GRANTOR's title to the same and that there are no covenants, easements or restrictions
which prevent the use of the Fall Zone Easement Area by the GRANTEE as set forth above.
67014 Stony Point
•
THIS INSTRUMENT PREPARED BY&TO BE RETURNED TO:
NAME Shenandoah Mobile,LLC
ADDRESS 1150 Shenandoah Village Drive
Waynesboro, Virginia 22980
Albemarle County Tax Parcels: 06200-00-00-06300 and 06200-00-00-06500
COMMONWEALTH OF VIRGINIA ) EASEMENT FOR
COUNTY OF ALBEMARLE } FALL ZONE
This Instrument is made and executed between EARLENE COLES, having a mailing
address of 2108 Stony Point Road, Charlottesville, VA 22911, hereafter designated GRANTOR
and SHENANDOAH MOBILE, LLC, a Virginia limited liability company with its corporate
office located at 500 Shentel Way(PO Box 459),Edinburg,Virginia 22824,hereinafter designated
GRANTEE.
WHEREAS, GRANTEE has entered into a Site Agreement(the "Site Agreement") with
Matthew S. Farrell for the lease of that certain parcel of property loed near the City of i`�1A)
Charlottesville,Albemarle County, Virginia(the"Lease Site"); AL
cJ� ��hcme�lC 3�
WHEREAS, GRANTOR owns property adjacent to the property} wned by Matthew S. YAC``\
Ferrell. GRANTOR's property is shown on the Tax Map for the City-of-el es ' as Tax AL3
C - 00, and being further described in Deed Book 3129 at Page 416
as recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia. ICO , 3Cc1
WHEREAS, GRANTEE intends to construct a one hundred thirty-three (133) foot
communications tower on the Lease Site, and Chapter 18 Section 5.1 .40 of the County of
Albemarle Zoning Ordinance requires that no habitable structures shall be within the required
setback area.
WITNESSETH:
NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS,that GRANTOR for
4100 11801)
and in consideration of the sum of Five Thousand and 00/100 Dollars($5,000.00),to it in hand
paid at and before the sealing of these presents by GRANTEE,in the Commonwealth aforesaid,
the receipt of which sum is hereby acknowledged, has granted bargained,sold and released, and
by these Presents does grant,bargain, sell and release,unto GRANTEE, its successor and
assi s a nonexclusive easement(the"Fall Zone Easement Area"),for the purpose of a fall
zone,over that are ing in a circular shape, with a radius of one hundred thirty three(133)feet,
excluding that portion of the circle which is the Lease Site, and covering that real property being
substantially as described as follows,to wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN
PROVISIONS
1. It is the intent of this Deed of Easement for Fall Zone to convey to GRANTEE a non-
exclusive easement for the purposes as set forth herein over the entire Fall Zone Easement
Area. However, to the extent the grant made hereby shall fail in any respect,or is held to
be invalid, in whole or in part, including but not limited to the effectiveness of the grant
made hereby,this Deed of Easement for Fall Zone shall continue in full force and effect to
the full extent of GRANTOR's interest in and to any part of the Fall Zone Easement Area.
2. GRANTEE,its agents,independent contractors,subtenants,licensees,tenants and invitees
shall have the use of the Fall Zone Easement Area as described herein for the purpose of
satisfying Chapter 18 Section 5� of the County of Albemarle Zoning Ordinance.
Q�d
3. GRANTEE.ae;GRANTOR shalllinake any improvements within the Fall Zone Easement
Area.
4. The term of this Deed of Easement for Fall Zone shall be equal to and shall correspond
with the term of the Site Agreement,as it may be amended from time to time, entered into
by GRANTEE and Matthew S.Farrell contemporaneously with this Deed of Easement for
Fall Zone. Upon the termination of the Lease Agreement, this Deed of Easement for Fall
Zone shall terminate ninety(90)days thereafter.
5. GRANTOR covenants that GRANTOR is seized of good and sufficient title and interest to
the Fall Zone Easement Area and has full authority to enter into and execute this Deed of
Easement for Fall Zone. GRANTOR further covenants that there are no other liens,
judgments or impediments of title on the Fall Zone Easement Area or affecting
GRANTOR's title to the same and that there are no covenants, easements or restrictions
which prevent the use of the Fall Zone Easement Area by the GRANTEE as set forth above.
6. It is agreed and understood that the Deed of Easement for Fall Zone Easement Agreement
contain all agreements, promises and understandings between the GRANTOR and
GRANTEE and that no verbal or oral agreements, promises or understandings shall be
binding upon either the GRANTOR or GRANTEE in any dispute, controversy or
proceeding at law,and any addition,variation or modification to this Deed of Easement for
Fall Zone shall be void and ineffective unless made in writing and signed by the parties. In
the event of a conflict between the provisions contained in the Site Agreement and the
provisions contained in the Deed of Easement for Fall Zone, the provisions of the Site
Agreement shall prevail.
7. This Deed of Easement for Fall Zone and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the Commonwealth of Virginia in
which the Fall Zone Easement Area is located.
8. This Deed of Easement for Fall Zone shall extend to and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
TOGETHER with all and singular the Rights, Members, Hereditaments and Appurtenances to
the Fall Zone Easement Area belonging,or in anywise incident or appertaining.
TO HAVE AND TO HOLD, all the interests, rights, and privileges herein granted in and to the
Fall Zone Easement Area before described unto the GRANTEE, its Successors and Assigns, for
the term as stated herein, it being agreed that said Deed of Easement for Fall Zone shall run with
and be appurtenant to the Lease Site of GRANTEE.
THE GRANTOR does hereby bind the GRANTOR and the GRANTOR'S heirs, successors or
executors and administrators, to warrant and forever defend all and singular the said Fall Zone
Easement Area unto the GRANTEE and the GRANTEE's Successors and Assigns against the
GRANTOR and the GRANTOR's Heirs and against every person whomsoever lawfully claiming
or to claim the same, or any part thereof.
Any reference in this instrument to the plural shall include the singular, and vice versa. Any
reference to one gender shall include the others; including the neuter. Such words of inheritance
shall be applicable as are required by the gender of the GRANTEE or GRANTOR. The
designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
(SIGNATURES TO FOLLOW)
4E0'0 104
IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed, or caused to be
executed by their duly authorized representatives,this Fall Zone Easement.
GRANTOR: EARLENE COLES
eativvv., (AOQQX (SEAL)
Earlene Coles, OWNER
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF c t f(o 8'V,'t-1 e ,to-wit:
The foregoing Fall Zone Easement was acknowledged before me, this a.6 day of
L,,...,..
, 2018 by Earlene Coles as Owner, who is personally known to me or has
pro ed satisfactory identification. ,
f, t.,..,a114.
MALI OSTOWA
r .6'1 WARY PUBUC761871 Notary Public
:�.r WO:WSW SPIRESs 30,Xi Name: /41"1 IA 1i ati-cM C
Registration No: TC 8-7- 10
My Commission expires: ...1944:1_2_42,_‘2._..._
GE : '(L: ANDOAH MOBILE,LLC
fl
• (SEAL)
William . Pirtle, S nior Vice President-Wireless
COMMONWEALTH OF VIRGINIA
COUNTY OF SHENANDOAH,to-wit:
k .
The foregoin Fall Zone Easement was acknowledged before me, this day of
Febrvr_< , 2018 by William L. Pirtle, Senior Vice President-Wireless for Shenandoah
Mobile, C,who is personally known to me. u.„,y..tht
'� Judy D. OrndorffN tary ublic
NOTARY PUBLIC Name: �v4 .Oc nao 4
;,. , Commonwealth of VirginhRegistration No: n 310 9 5
Reg.# 17395
MA" Ir.. . . ! .: 1 -.! l° 30 20
•
I 101
EXHIBIT A
"Fall Zone Easement"
Written Metes and Bounds
A portion of a proposed Fall Zone Easement on Tax Map 62,Parcel 65 as recorded
in Deed Book 1665 at Page 369;Now or formerly Earlene Coles situate on the northerly
side of State Route 20,locally known as Stony Point Road in the Rivanna District of
Albemarle County,Virginia, being more particularly described as follows:
Beginning at an iron pin one line being 37.16' from the"corner" as shown on that
Plat recorded in D.B. 3043 at Page 586 and being the southeasterly corner of said Tax
Map 62 Parcel 63;thence N 32°41'31"W a distance of 153.12' to a point being the true
point and place of beginning of a portion of a fall zone easement on Tax Map 62,Parcel
63;thence along two even segments of a curve having a radius of 133.0' and an arc
length of 316.36';N 66°45'49"W a distance of 149.02' to the midpoint of said curve;
thence N 01°22'48"E a distance of 149.02' to a point being the end of said curve;thence
S 34°41'31"E a distance of 246.88' to a point which is the true point and place of
beginning having an area of 14,927 square feet or 0.343 acres.
SEE ATTACHED DRAWING
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