Attachment A

DRAFT

Deed prepared by                                                          Albemarle County:  TMP 91-8B

James N. Deinlein

528 East Main Street, Suite 2

Post Office Box 1287

Charlottesville, Virginia  22902-1287

 

DEED OF EASEMENT

 

            THIS DEED OF EASEMENT, made this _____________ day of ___________, 2004, by and between COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the Grantor; and ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO., LLC, a Delaware limited liability company, as Trustee of the ALBEMARLE CARTER MOUNTAINS TRUST, a Delaware statutory trust, hereinafter referred to as First Grantee; and the ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision of the Commonwealth of Virginia, whose address is 168 Spotnap Road, Charlottesville, Virginia  22911, hereinafter referred to as Second Grantee,

 

W I T N E S S E T H:

 

            WHEREAS, the Grantor holds title to real property identified as Albemarle County, Virginia Tax Map 91 Parcel 8B, and First Grantee holds title to real property identified as Albemarle County Tax Map 91, Parcel 16; and

 

            WHEREAS, the Grantor acquired its title by deed from KIMCO, LLC, a Virginia limited liability company, dated November 10th, 2000, and recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1979, page 44; and

 

            WHEREAS, the First Grantee wishes to construct at its own expense a certain public sanitary sewer line across Grantor’s aforesaid real property in order to provide sewer service to the First Grantee’s aforesaid real property; and

 

            WHEREAS, the public sanitary sewer line will benefit the Grantor as well as the First Grantee; and

           

            WHEREAS, the Second Grantee is willing to accept such line at such time as the same shall have been constructed in a lawful manner to its specifications, but not before; and

 

            WHEREAS, the Grantor is willing to convey a temporary easement to the First Grantee to permit it to construct and install such a sanitary sewer line for the use of the public; and the Grantor is further willing to convey to the Second Grantee a perpetual easement across their land for the maintenance and operation of such public sanitary sewer line, which easement is to be deemed accepted by the Second Grantee only at such time as the said public sewer line shall be formally accepted by it for maintenance as being constructed in accordance with its specifications;

 

            NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with General Warranty and English Covenants of Title unto the First Grantee, its successor and assigns, a temporary right-of-way and easement across the aforesaid property of the Grantor (as identified approximately on the annexed aerial photograph in orange ink) centered seventy (70) feet in width and running generally along the northern side of the creek, which crosses the Grantor’s aforesaid property in an east-west direction, to construct, install, maintain, repair, replace and extend a public sanitary sewer line, consisting of pipes and appurtenances thereto; which said right-of-way and easement shall remain in effect only until the said sewer line shall have been formally accepted for maintenance by the Second Grantee, whereupon all rights of the First Grantee to such right-of-way and easement, except such rights as it may have in common with the public, shall automatically terminate and be of no further effect.

 

FURTHERMORE, and for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL AND CONVEY with General Warranty and English Covenants of Title unto the Second Grantee, its successors and assigns, a perpetual right-of-way and easement across the aforesaid property of the Grantor (as identified approximately on the annexed aerial photograph in orange ink) centered twenty (20) feet in width and running generally along the northern side of the creek which crosses the Grantor’s aforesaid property in an east-west direction, to construct, install, maintain, repair, replace and extend a public sanitary sewer line, respectively, consisting of pipes and appurtenances thereto; PROVIDED, HOWEVER, that it is expressly understood and agreed that the Second Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until such time as the same shall have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Second Grantee.

 

            The Grantor, for itself and for its respective successors and assigns, agrees (1) that new trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the easements conveyed herein, unless otherwise approved by the Second Grantee; (2)  that the First Grantee and/or the Second Grantee shall have the right to enter upon the Grantor’s aforesaid property within these easement locations for the purposes of installing, constructing, maintaining, repairing, replacing and extending such sewer lines (and the appurtenances thereto) within such easements and the right of ingress and egress thereto as is reasonably necessary to construct, install, maintain, repair, replace or extend such sewer lines;  (3)  that the First Grantee and/or the Second Grantee shall have the right of ingress and egress over the aforesaid property of the Grantor adjacent to the locations of these rights of way and easements in the event of the First Grantee’s and/or Second Grantee’s inability to reasonably exercise such rights of ingress and egress;  (4)  that the First Grantee and/or the Second Grantee shall have the right to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide an economical and safe sewer line installation, operation and maintenance without any responsibility to Grantor, its successors or assigns, subject to an obligation to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged; and (5)  that the facilities constructed within the Second Grantee’s permanent right of way and easement shall be the property of the Albemarle County Service Authority, 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 First Grantee’s and/or Second Grantee’s right of way and easement conveyed herein by the Grantor are subject to the express condition that, whenever it is necessary to excavate earth within the easement, such excavation shall be backfilled  in a proper and workmanlike manner so as to restore the ground surface as nearly as practicable to the same condition as existed prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation.

 

            This Deed of Easement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

 

            WITNESS the following signatures and seals:
 

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