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HomeMy WebLinkAboutSUB201700165 Easements Easement Plat 2018-06-22 Irv. Document prepared by and return upon recordation to: LeClairRyan,A Professional Corporation 123 East Main Street,8th Floor Charlottesville,Virginia 22902 Tax Map Parcels 061A0-03{-00-000A0,and 061 A0-04-00-000A0 Consideration:$0 DEED OF EASEMENT FOR RECIPROCAL GREENWAY ACCESS AND TEMPORARY CONSTRUCTION THIS DEED OF EASEMENT is made and entered into this day of , 2017, by and between PHASE ONE VILLAGE SQUARE PROPERTY OWNERS ASSOCIATION, INC., a Virginia non-stock corporation, Grantor and Grantee ("Village Square One"); PHASE TWO VILLAGE SQUARE OWNERS ASSOCIATION, a Virginia non-stock corporation, Grantor and Grantee ("Village Square Two"); and RIO ROAD HOLDINGS,LLC, a Virginia limited liability company "(Rio"), Grantee. WITNESSETH: R-1. Village Square One owns that certain parcel of land (the "Village Square One Parcel") located in Albemarle County, Virginia, identified as "TMP 61A-3-A, OPEN SPACE" on the plat attached hereto and incorporated herein, entitled, "NEW 10' GREENWAY ACCESS TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THROUGH LANDS OF VILLAGE SQUARE SUBDIVISION AS SHOWN HEREON, RIO MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VA," dated October 5, 2017, prepared by Kirk Hughes & Associates, Land Surveyors & Planners (the "Easement Plat"), which parcel is designated as common area for the benefit of Phase One of The Village Square residential development west of Rio Road and north of Phase Two of The Village Square residential development. R-2. Village', Square Two owns that certain parcel of land ("Village Square Two Parcel") located in Albemarle County, Virginia, designated as "IMP 61A-4-A, OPEN SPACE" on the Easement Plat, which parcel is designated as common area for the benefit of the Phase Two Village Square residential development west of Rio Road, south of Phase One of The Village Square residential development and north of the Treesdale residential development. R-3. Rio Road Holdings, LLC ("Rio") is the developer of the Stonewater residential development south of Treesdale. For the benefit of Village Square One and Village Square Two, Rio intends to engineer, construct, and install, at its expense, a five foot (5') wide paved walking trail from Towne Lane through Village Square Two Parcel and Village Square One Parcel (the "Walking Trail") to serve both phases of The Village Square and connect with the existing 30' Greenway Trail on the property of Treesdale, LP (current TMP 61-182), which was dedicated to the County of Albemarle by Deed of Dedication, dated April 11, 2014, recorded in the Clerk's Office of the Circuit Court of Albemarle County (the "Clerk's Office") in Deed Book 4481, page 239. The 30' Greenway Trail on the Treesdale property `rr connects with the 50' Greenway Easement on the Stonewater property, which Rio dedicated to Albemarle County by Deed of Dedication and Easement, dated March 28, 2013, recorded in the Clerk's Office'in Deed Book 4343, page 685. R-4. Village Square One and Village Square Two desire to convey to Rio a temporary construction easement for constructing the Walking Trail on their respective parcels and desire to convey to each other non-exclusive easements of right-of-way for pedestrian travel over the Walking Trail on their respective parcels. NOW, THEREFORE, in consideration of the parties' agreements and covenants hereinafter set forth, and ONE DOLLAR($1.00), cash in hand paid, and other good and valuable consideration, the redeipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Village Square One and Village Square Two hereby GRANT AND CONVEY to Rio for the purpose of constructing the Walking Trail a temporary right-of-way and easement on, over, and across their respective parcels in the area shown and identified as TEMPORARY CONSTRUCTION EASEMENT, which is shown as 5' on either side of the Greenway Access Trail Easement, as detailed on Sheet 1 of the Easement Plat, for the purpose of constructing the Walking Trail. The term of the construction easement shall commence upon the date Rio commences construction of the Walking Trail and will terminate on the last day of the month in which construction of the Walking Trail has been completed by Rio. Rio may authorize its contractors or subcontractors to use this easement during construction.. 2. Village Square One hereby GRANTS AND CONVEYS to Village Square Two a permanent non-exclusive ten foot (10') wide easement of right-of-way for pedestrian traffic over and across the "NEW 10' GREENWAY ACCESS TRAIL EASEMENT" on the Village Square One Parcel between its northwest boundary with the Village Square Two Property and the southern boundaity of the Village Square One Parcel. 3. Village Square Two hereby GRANTS AND CONVEYS to Village Square One a permanent non-exclusive ten foot (10') wide easement of right-of-way for pedestrian traffic over and across the "NEW 10' GREENWAY ACCESS TRAIL EASEMENT" on the Village Square Two Parcel between Towne Lane and the southern boundary of the Village Square Two Parcel. 4. Village Square One and Village Square Two shall be responsible for the maintenance, repair, and replacement of the paved walking trails on their respective properties once constructed by Rio. 5. The covenants granted herein and the conveyances contemplated herein shall 2 be expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective. 6. The agreements herein shall be binding on and inure to the benefit of Village Square One and Village Square Two and their successors in interest and assigns and shall run with the Village Squire One Parcel and the Village Square Two parcel. 7. Each of the parties hereto agrees to assist the other and join as necessary any applications for approvals contemplated by this dee of easement, as may be required by any governmental authority. 8. Each of Village Square One and Village Square Two represents and warrants that it solely owns its property as a legal lot in fee simple and covenants that it will warrant and defend title to its parcel against all claims; its parcel is not encumbered by any liens, restrictions, mortgages, covenant$, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect the use and enjoyment of the easements granted under this Agreement; and its execution and performance of the easements granted herein will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Grantor. 9. This instrument may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. 10. Each party warrants that the person or persons signing this instrument on its behalf act(s)pursuant to authority duly granted by such party. 11. The Recitals in this Agreement are incorporated into and made a part of the agreements herein. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW.] 3 solve WITNESS the following signatures: PHASE ONE VILLAGE SQUARE PROPERTY OWNERS ASSOCIATION, INC., a Virginia nonstock corporation By: Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF, : The foregoing instrument was acknowledged before me this day of 2017 by , President of Phase One Village Square Property Owners Association, Inc., a Virginia nonstock corporation, on behalf of the corporation. Notary Public My Commission expires: My registration number is 4 stool PHASE TWO VILLAGE SQUARE OWNERS ASSOCIATION, INC., a Virginia nonstock corporation By: Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF', : The foregoing instrument was acknowledged before me this day of 2017 by , President of Phase Two Village Square Owners Association, Inc., a Virginia nonstock corporation, on behalf of the corporation. Notary Public My Commission expires: My registration number is 5 EXHIBIT A Easement Plat 6