HomeMy WebLinkAboutSUB201700065 Other Easement Plat 2018-03-06 TMP
PREPARED BY:
This Deed is exempt from recordation taxes and fees pursuant to §§58.1-811 (A) (3) and
17.1-266, respectively, of the Code of Virginia (1950) as amended and the Constitution
of Virginia, Article X, Section 6 (a) (1).
This DEED OF EASEMENT, made this day of
by and between the
("Grantor"), and the ALBEMARLE COUNTY SERVICE AUTHORITY (the
"ACSA"), ("Grantee"), whose address is 168 Spotnap Road, Charlottesville, Virginia
22911.
WITNESSETH:
That for and in consideration of the sum of ONE DOLLAR ($1.00) and other good
and valuable consideration, receipt of all of which is hereby acknowledged, the Grantor
does hereby GRANT and CONVEY with GENERAL WARRANTY of TITLE unto the
Albemarle County Service Authority a perpetual right of way and easement to construct,
install, maintain, repair, replace and extend a water line consisting of pipes and
appurtenances thereto, over, under and across the real property of the Grantor located in
Albemarle County, Virginia, the location of the easement granted and the boundaries of
the property being more particularly described on the following plat:
A new permanent water line easement shown and described on plat of the
Albemarle County Service Authority, dated , , , (the "Plat"), as it
crosses property of the Grantor described on the Plat as and being a
portion of the property acquired by the Grantor in Deed Book , Page
Lid
Reference is made to the Plat, a copy of which is attached hereto to be recorded
herewith, for the exact location and dimension of the permanent easement hereby granted
and the property over which the same crosses.
As part of the easement the ACSA shall have the right to enter upon the above
described property within the easement for the purpose of installing, constructing,
maintaining, repairing, replacing and extending a sewer line and appurtenances thereto,
within such easement and the right of ingress and egress thereto as reasonably necessary
to construct, install, maintain, repair, replace and extend such water line. If the ACSA is
unable to reasonably exercise the right of ingress and egress over the right-of-way, the
ACSA shall have the right of ingress and egress over the property of Grantor adjacent to
the right-of-way.
Whenever it is necessary to excavate earth within such easement, the ACSA
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.
Grantor, its respective successors or assigns, agree that no trees, shrubs, fences,
buildings, overhangs or other improvements or obstructions shall be placed within the
easement conveyed herein.
The easement provided for herein shall include the right of the ACSA, 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 ACSA shall have no responsibility to the Grantor, their successors or
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assigns, to replace or reimburse the cost of said trees, brush, shrubbery and obstructions
that are removed or otherwise damaged.
The facilities constructed by ACSA within the permanent easement shall be the
property of the ACSA which shall have the right to inspect, rebuild, remove, repair,
improve and make such changes, alterations and connections to or extensions of its
facilities within the boundaries of the permanent easement as are consistent with the
purposes expressed herein.
The Grantor further grants and conveys to the ACSA a temporary
construction easement on one side of the permanent water line easement, as shown on the
Plat, for use by the ACSA's contractor during construction of the water line. This
temporary construction easement will expire upon completion of construction and
acceptance of the water line into the ACSA's system.
WITNESS the following signature and seal:
(SEAL)
STATE OF VIRGINIA
COUNTY/CITY OF , to wit:
The foregoing instrument was acknowledged before me this day of
, 20 , by
Notary Public
My Commission Expires:
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