This document was prepared by:

Albemarle County Attorney

County of Albemarle

401 McIntire Road

Charlottesville, Virginia 22902

 

Portion of Tax Map and Parcel Number ________________________

 

This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-811(C)(4).

 

DEED OF EASEMENT AND DEDICATION

 

THIS DEED OF EASEMENT AND DEDICATION is made this ___ day of  ________, 2006, by and between ________________________________, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.

                                                                 WITNESSETH:

 

WHEREAS, the Grantor is the owner of that certain real property (hereinafter the “Property”) located in Albemarle County, Virginia, more particularly described as follows:

[LEGAL DESCRIPTION]

 

WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the ____________ Magisterial District of the County of Albemarle, Virginia, designated as Lot ________ of ____________________ subdivision on the Plat, being a portion of the same property conveyed to Grantor by deed of ____________________, dated ____________, recorded in said Clerk’s Office in Deed Book ________, Page ____; and

WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Easement; and

NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement as shown on the Plat referred to as the Easement.

The foregoing shall be subject to the following:

1.         Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements.  The Grantee shall have the right to construct and install a groundwater monitoring well on the Property (the “Improvements”).  The Grantee also shall have the right to reconstruct, install, maintain, repair, change, alter, and replace the Improvements (hereinafter collectively referred to as “inspecting, maintaining and operating” or derivations thereof) for the purposes of monitoring and measuring groundwater levels, flows, and quality.

2.         Ownership of the Improvements.  All Improvements within the Easement, whether they were constructed or installed by the Grantor, the Grantee, or any predecessor in interest, shall be and remain the property of the Grantee.

     3.         Right of ingress and egress.  The Grantee shall have the right and easement of ingress and egress over ___________________, to inspect, maintain and operate the Improvements.

     4.         Right to inspect, maintain and operate the Improvements.  The Grantee may enter the Easement to inspect, maintain and operate the Improvements.

     5.         Right of Grantee to disturb and maintain the Easement premises.  The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition.  This restoration shall include the backfilling of trenches, the replacement of fences and shrub­bery, the reseed­ing or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee.  However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements.  In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible.  Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements.  In addition, neither the Grantee nor any other public agency, shall be responsible for conducting routine maintenance as described in paragraph 6 except as expressly provided in this paragraph.

6.         Right of Grantor to maintain the Easement premises.  The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement.  The right to maintain the Easement premises does not include the right to maintain the Improvements.

            7.         Temporary construction easement.  The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to inspect, maintain or operate an Improvement.  This temporary construction easement shall expire upon completion of the work.

     8.         Exclusivity; restrictions.  The Easement conveyed herein is an exclusive easement.  Neither the Grantor nor any person acting under the Grantor’s express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement.  

     9.         Grantee’s right to assign.  The Grantee shall have the right to assign this Easement as its interests may require.

     10.        Binding effect.  The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns.  All references herein to the “Grantor” and the “Grantee” include their respective successors and assigns.  All references to the “Grantee,” when exercising any right or obligation herein, includes the Grantee’s officers, employees and agents.

     The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive’s signature hereto and the recordation of this Deed.

 

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