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HomeMy WebLinkAboutSUB201500112 Easements Road Plan and Comps. 2016-04-20 Prepared by S. Craig Brown(VSB#19286) Charlottesville City Attorney's Office, P.O. Box 911, Charlottesville, VA 22902 Tax Map Parcel: 06100-00-00--16400 This deed is exempt from state recordation taxes imposed by Virginia Code Sec.58.1-801 pursuant to Virginia Code Sec.58.1-811(A)(3). THIS DEED OF EASEMENT made this gall'''.day of AIR/1, ,2016, by and between DUNLORA V,LLC,a Virginia limited liability company,hereinafter Grantor, and the CITY OF CHARLOTTESVILLE,VIRGINIA, a municipal corporation,hereinafter referred to as "City", P. O.Box 911,Charlottesville, Virginia 22902,Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar($1.00),receipt of which is hereby acknowledged,Grantor hereby GRANTS and CONVEYS with GENERAL WARRANTY unto the City and its successors and assigns forever the following property: Permanent natural gas line easement(the singular term "easement"when used hereinafter to include the plural if applicable)for the installation,maintenance, operation,repair,replacement,and extension of natural gas facilities and of utility lines,pipes,and facilities connected therewith,which easement is beneath,upon, and over strips of land which are shown and designated as a cross-hatched area on a certain plat,entitled "Plat Showing a Fifteen-Foot Wide Easement for a 2"P.E. Gas Line from Dunlora V,LLC"dated April 11,2016,and made by the Public Utilities Division of the Charlottesville Public Works Department,and to be recorded simultaneously herewith in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,to which plat reference is hereby made for a more particular description of the easement hereby conveyed. Said easement and right- of-way cross a portion of the property conveyed to Grantor by deed dated December 23,2015,of record in the aforesaid Clerk's Office in Deed Book 4717, Pages 703. Grantor further understands and agrees as follows: 1. All facilities,public works,and appurtenances which are installed within said easement now or in the future by or for the City shall be and remain the property of the City and Page 1 no charge shall at any time be made by the Grantor for the use of the property occupied by the City or for the privilege of constructing,maintaining and operating said facilities and the necessary or appropriate appurtenances. 2. The City and its agents and employees for the purpose of inspecting,maintaining or operating its facilities shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the described easement between public or private roads and the described easement in such manner as shall occasion the least practicable damage and inconvenience to Grantor. 3. The City shall have the right to inspect,rebuild,repair,change,alter and install such additional or substitute lines or facilities within the easement herein granted as the City may from time to time deem advisable or expedient,and shall have such rights and privileges as may be reasonably necessary for the full enjoyment or use for any of the aforesaid purposes of the easement and rights herein granted. 4. The City shall have the right to trim,cut,and remove all trees,limbs,undergrowth, shrubbery,landscape plantings of any kind, fences,buildings,structures,paving,or other obstructions or facilities within said easement which it deems in any way to interfere with the proper and efficient construction,operation,and maintenance of the facilities in or on said easement. 5. The City shall repair or replace only ground cover(pavement,gravel,or grass)existing on the said easement which may be disturbed,damaged,or removed as a result of the construction of any of the City's facilities,shall remove all trash and other debris of construction or repair from the easement,and shall restore the surface thereof to its original condition as nearly as reasonably possible,all subject,however,to this exception,to-wit: that the City shall Page 2 not be so obligated when it would be inconsistent with the proper operation,maintenance or use of its facilities. 6. Grantor reserves the right to make use of the land subject to the rights herein granted, which use shall not be inconsistent with the rights herein conveyed or interfere with the use of the said easement by the City for the purposes aforesaid;provided,however,that all such use shall be at Grantor's risk unless prior written approval of City is obtained. 7. No party shall be granted the right to use or shall use any part of the area within such easement for any purpose or in any manner until after a review and a finding by the City in writing that such use will not be in conflict with,or inconvenient to,the City's use thereof or the purpose for which such easement was granted. 8. Grantor has seen and carefully examined a copy of the hereinabove-described plat, is entirely familiar with the quantity of the land covered by this conveyance,and fully understands the effect that it will or might have on the value of the remaining property. 9. This instrument covers all the agreements between the parties and no representations or statements, verbal or written,have been made which are inconsistent with the terms of this deed. The City of Charlottesville,acting by and through its City Attorney,the City official designated by the City Manager pursuant to authority granted by resolution of the City Council of the City of Charlottesville,does hereby accept the conveyance of this easement,pursuant to Virginia Code Sec. 15.2-1803,as evidenced by the City Attorney's signature hereto and the City's recordation of this deed. Page 3 WITNESS the following signatures and seals. Grantor: DUNLORA V .0 Z4;t1 , By: (� Title: 047,1162r64.-- STATE 47,11 6/..- STATE OF VIRGINIA CITY/EOL W OF C,.sr1cA u;t\c. The foregoing instrument was acknowledged before me on this Z0'day of /p ,2016 by F+o>,a11c '�. Sltau�u- ,on behalf of Dunlora V,LLC. ,,,,,•,,,,,,,,,, 4 /20 :7 /2 <'n; NotaryPu n s• COMMISSION NUMBER Registration#: 7/Z401072 0040 :2 --%4641,_%%• 0 .••, Accepted by: CITY OF CHARLOTTESVILLE,VIRGINIA By: )J. aurz.S -1 S. Craig r own,City Attorney STATE OF VIRGINIA CITY OF CHARLOIIbSVILLE The foregoing instrument was acknowledged before me on this 2I Lday of 4104«.- ,2016 by S. Craig Brown,City Attorney,on behalf of the City of Charlottesville,Virginia. )0cvL A w 1(. � k-�G�./ BARBARA K.RONAN f L,� NOTARY PUBLIC Notary }}}J • +'1 REGISTRATION# 18815 i Registration�#: 8£�l5/ "' Jf'o_.""/COMMONWEALTH OF VIRGIN., MY COMMISSION EXPIRES APRIL J0.201 7 �.rolwu" Page 4 1 , z0.� r OPEN 6 Tr,62F-TE1.1111j4p E P rr ii S cc1� 0101111W--.. ID , 1 / N Q VA STATE '•UTE 170914, 7 SI PHERasROAa3 � 2003 ¼¼ * 1111417, apt !TT.-7,::::::; _514 T%.MP 62.E-515 oil" xm, OPEN OPEN l SPGfE SPACE -!1 LOT0� c i.. I 1!Ilir OT 14 OT IS OT 16 OT 17 OT 18 -11:1` s -1;\ LOT 02 �r����Y�w�e,_' 1 �I._I:Ali.,,-„-,.�:,�_II,•1�!1 1'1'�I-•�,�, -I;,i-11'_.1_,.--1.-1._I�,..,-r._...1:1- III 4-„=„-!%°a_Ii=1i-4- 'i- LOT 03 r ,� 1 HEPHERDS COURT 11 1 MI MIMI O '..., // ■ . • OPEN11�/ SPACE �11�// F , ,i, LOT 04 OT 13 OT 12 LOTII OT 10 _OT 09 1,1'!1, ,ii-�� 1; !la1 FIL _ .. 11 l /� 1ci�,,_r._li� LOT OS '. •c, U e LOT O8 , e G4S LOT 06 tMe. 111 A B�Fh FryT_.q 4@D ....44” •y A150 EASEMENT G �o0�c`,, GAS LINE 'S'>. �P,%''s,`"-- X90 'O -� 9JJ a CITY OF CHARLOTTESVILLE PUBLIC UTILITIES: GAS PLAT SHOWING A FIFTEEN-FOOT WIDE EASEMENT FOR A 2"P.E. GAS LINE FROM DUNLORA V,LLC ALBE. CO. TAX MAP 61 PARCEL 164 DEED BOOK 4717 PAGE 703 DATE: APRIL 11,2016 SCALE: 1"= 100' t R QUITCLAIM DEED OF EASEMENT f THIS QUITCLAIM DEED OF EASEMENT,made and entered into as of this I 11441 day of October,2016,between VIRGINIA ELECTRIC AND POWER COMPANY., a Virginia public service corporation doing business in Virginia as Dominion Virginia Power ("GRANTOR") and DUNLORA V,LLC,their successors and/or assigns ("GRANTEE"). WITNESSETH: That for and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the GRANTOR does hereby remise,release, and quitclaim unto the GRANTEE,it's successors and/or assigns,a portion of that certain easement of right of way located in Albemarle County, Virginia, and recorded in the land records of Albemarle County,Virginia, and more particularly described as: Conveyed By: Robert Houser Homes,Inc. Dated: December 1, 1999 Deed Book: 1881,Page 0422 The remainder of the easement granted by said Right of Way Agreement dated December 1, 1999,shall remain in full force and effect upon the same terms and conditions. Said quitclaim area lies within the boundaries as more particularly shown on "Plat to Accompany Quitclaim Deed of Easement", plat number 80-16-0038. A copy of said plat is attached hereto and made a part hereof. Tax Parcel ID Number:06100-00-00-16400 This Instrument Prepared By Dominion Virginia Power,P.0.Box 26666,Richmond,Virginia 23261-6666 1 , IN WITNESS WHEREOF,Virginia Electric and Power Company has caused its name to be signed hereto by its Authorized Representative,thereunto duly authorized,the day and year first above written. VIRGINIA ELECTRIC AND POWER COMPANY a Virginia public service corporation, doing business in Virginia as Dominion Virginia Power By „pi-4 .._. Antho y M. Barni Authorized Representative COMMONWEALTH OF VIRGINIA CITY OF RICHMOND, to-wit: f The foregoing instrument was acknowledged before me this /1/M day of October, 2016, by Anthony M. Barni, Authorized Representative of Virginia Electric and Power Company, a Virginia public service corporation, on half of the corporation. Notary Public ID# '71)52527 Mycommission expires: A+tl 4,115+ 3/ O P 1 2D2 0044t4 Lytv,,,, coMr y9tr. r• . L. �t: N /S, n: � = M '•, TH OF'J' . 2 A I S,y FA h'F •• s •• cVi F 0 iii, �o Lot 2 4,4 w ..., ..., z 0 ..., .„,44111, Q ilear J (1) U Present Owner is _ o Dunlora V, LLC > 0_ Quitclaim Only !— the Easement (l) CD Area that Falls LL O Within the Right Ct of Way of the 0 new Street J Valcrest Lane. QPlat to Accompany Quitclaim Deed of Easement VIRGINIA ELECTRIC AND POWER COMPANY doingbusiness as Dominion Virginia Power N District Underground CHARLOTTESVILLE DISTRICT Legend Ii- c — owns ip—:oroug oun — i State Rivanna T.D. Albemarle Va, Location of Boundary Lines of Right—of—Way Office Plot Number to be Retained. Regional Office 80160038 irmAr/ Location of Boundary Lines of Right—of—Way Estimate Number to be Quitclaimed. Grid Number 0027 Date :)9 r Page 3 of 3 / /1 41—Lel QitL. CILC.L1 \