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Home My WebLink AboutWPO201800039 Agreements 2018-09-06Instrument Type Instrument # Book/Page 1 st Grantor 1st Grantee Description: Consideration: Customer Copy Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: ALBEMARLE COUNTY ATTORNEY Cashier: MEB AG 201800010006 05091 / 0730-00736 Pages : 7 COUNTY OF ALBEMARLE VIRGINIA ALBEMARLE COUNTY SERVICE AUTHORITY ENCROACHMENT AGREEMENT, TMP 4663-A3 0.00 Assumed Value: 0.00 Receipt # : 2018-029966 Date : 09/06/2018 08:45am Document 3 of 3 Ex. Y Ex: Y Pct: 100.00% 1 st City: Y Item # Description Qty Unit Cost Extended 035 VOF 1 0-00 0.00 301 Clerk 1-10 Pages 1 0.00 0.00 145 VSLA 1 0.00 0.00 106 TTF 1 0.00 0.00 Document 3 0.00 Grand Total 0.00 Balance 0.00 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C ! Date of Instrument: [4/26/2018 ] D Instrument Type: [AG ] X IR E IP Number of Parcels [ 1 ] X Number of Pages [ 5] E M City [_] County x❑ [Albemarle County ] (Box for Deed Stamp Only) P First and Second Grantors T ❑ Last Name First Name Middle Name or Initial Suffix [County of Albemarle, Vir ] [ ] [ ] [ ] First and Second Grantees Last Name _ First Name _ Middle Name or Initial Suffix ®❑ [Albemarle County Servi ] [ ] [ ] [ ] Grantee Address (Name) [Albemarle County Service Authority ] (Address 1) [168 Spotnap Road ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22911 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ Countyx❑ [Albemarle County ] Percent. in this Juris. [ 100] Book [1037 ] Page [130 ] Instr. No [198900001571 ] Parcel Identification No (PIN) [04683-00-00-OOOA3 ] Tax Map Num. (if different than PIN) [ 46B3 -A3 ] Short Property Description [Encroachment agreement, TMP 4683-A3 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County Attorney [Albemarle County Attorney [Albemarle County Attorney [401 McIntire Road [Rm. 325 [Charlottesville [ I ] [VA ] [22902 ][ This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road, Suite 325 Charlottesville, Virginia 22902 Parcel ID No. 046133-00-00-000A3 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from the Circuit Court Clerk's fees under Virginia Code § 17.1-266. ENCROACHMENT AGREEMENT n his Encroachment Agreement (this "Agreement"), dated this �� day of A Py, iT , 2018, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, as grantor (the "Grantor"), and the ALBEMARLE COUNTY SERVICE AUTHORITY, as grantee (the "ACSA"), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WHEREAS, Grantor owns that certain real property (hereinafter, the "Property") located in the Rivanna Magisterial District of Albemarle County, Virginia, identified on the current Albemarle County tax maps as parcel 046133-00-00-000A3, as more particularly shown on that certain plat of Roudabush, Gale & Assoc., Inc., dated February 11, 1993, last revised December 13, 2001, titled "Plat Showing Tax Map 46133 Parcel A3, a 3.466 Acre Parcel to Be Dedicated to Public Use for Public Road Right of Way, Rivanna District, Albemarle County, Virginia," and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2143, page 615; and WHEREAS, by Deed of Easement dated December 22, 1988, and recorded in said Clerk's Office at Deed Book 1037, page 130, the ACSA acquired a sanitary sewer line easement (the "Existing Easement") over, under, and across the Property; and WHEREAS, the Existing Easement provides that "trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be placed" within the applicable easement area conveyed therein and the ACSA shall have the right to "cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer installation, operation and maintenance." Further, if such obstructions are removed, the ACSA "shall have no responsibility ...to replace or reimburse the cost of such trees, brush and shrubbery or obstructions if cut or removed or otherwise damaged;" and WHEREAS, Grantor wishes to construct certain dam or embankment structures and other improvements and appurtenances (the "Additional Improvements") within the Easement area, as shown on Exhibit A attached hereto and incorporated herein; and WHEREAS, Grantor and the ACSA have agreed to allow the Additional Improvements in the Easement Area notwithstanding the restrictions contained in the Existing Easement provided certain terms and conditions are met, as stated herein. NOW, THEREFORE, BE IT RESOLVED that the ACSA does hereby grant permission to the Grantor, allowing for the Additional Improvements in the Easement Area, notwithstanding the restrictions contained in the Existing Easement; provided that the Grantor shall relieve the ACSA from any responsibility for repairing or replacing the Additional Improvements should they be damaged by the ACSA during maintenance of the related public utilities; and be it further RESOLVED, that the Existing Easement's prohibition on the placement of any "trees, shrubs, buildings, overhangs, or other improvements or obstructions" within the Easement Area, except as set out herein, shall remain in full force and effect; and be it further RESOLVED, that the Grantor, subject to annual appropriation, shall reimburse the ACSA for any cost incurred if the ACSA finds it reasonably and professionally necessary to remove the Additional Improvements and/or incur additional cost to avoid the Additional Improvements in the maintenance, repair or replacement of the sanitary sewer line within the Existing Easement; and be it further RESOLVED, that this Memorandum contains the final and entire agreement between the parties hereto. The use and responsibilities defined in this Memorandum shall endure with the parties' successors and assigns. Failure of the Grantor to notify successive owners of the obligations agreed to in this Memorandum shall not relieve such successive owner from holding harmless the ACSA for the conditions contained herein. Should successive owners object to these conditions, they shall promptly remove any and all structures placed within said Easement Area. Failure to remove said obstruction shall constitute agreement with the terms herein. [SIGNATURES ON THE FOLLOWING PAGES] 2 WITNESS the following signatures and seals: GRANTOR: COYNTV) OF ALBFIARLF, VIRGINIA B. Richardson, County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 4 The foregoing instrument was acknowledged before me this &� day of a I by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public ■.*`kr��4.:•..{i�` My Commission ExpirQG"Z,.Le Registration number: f'LIUL�G ;� T Approved as to form. [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] ALBEMARLE COUNTY SERVICE AUTHORITY, Grantee COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: The foregoing instrument was acknowledged before me this day of , 2Q�, by Gary O. Connell, Executive Director, on behalf of the Albemarle County Service A thority. My commission expires: l 0 �D Notary Public 4 Exhibit A (Sheet C-10; Schnabel Engineering, Hollymead Dam Spillway Improvements, April 6, 2018) rxVAMfffI IETAIRBrl10 @ a wBv ABRVLLT wn,LwAvflVP.f area aaAOE — NARIEB BY LAGTNINf NAREr BvlarwTlvll . J 1 iV11tITART I[1,EI11MfA 1 Alfllmf.MMAI W � / {{ am"OIGVA,gN FROMM WARM . 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