This document was prepared by:

Albemarle County Attorney

County of Albemarle

401 McIntire Road

Charlottesville, Virginia 22902

 

Tax Map 45B1 (Clarke Lane right-of-way)

 

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

DEED OF EASEMENT

            THIS DEED OF EASEMENT, is made and entered into on this _______ day of _________________________, 2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, hereinafter referred to as the “County,” and the ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision of the Commonwealth of Virginia, Grantee, whose address is 168 Spotnap Road, Charlottesville, Virginia, 22911, hereinafter referred to as the “ACSA”.

WITNESSETH:

            That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the County does hereby GRANT and CONVEY with SPECIAL WARRANTY to the ACSA, subject to the terms and conditions set forth herein, a permanent easement and right-of-way (hereinafter, the “Easement”) to construct, install, maintain, repair, replace and extend a water line consisting of pipes and appurtenances thereto, over, under an across the real property of the County known as Clarke Lane in the Carrsbrook Subdivision in Albemarle County, Virginia, and more particularly described as follows:

 

A permanent water line easement in the public right-of-way known as Clarke Lane, located off of Highview Lane in Albemarle County, Virginia, as shown on the plat of the Albemarle County Service Authority, dated June 21, 2007 (the “Plat”), identified as “20’ Waterline Esmt. (Hereby Granted)”; the said roadway shown as Clarke Lane is on a plat of record in the Albemarle County Circuit Court Clerk’s Office in Deed Book 361, page 127.

 

Reference is made to the Plat, a copy of which is attached hereto to be recorded herewith, for the exact location and dimensions of the permanent easement hereby granted and the property over which the Easement crosses.

This Easement shall be subject to the following:

1.                  Location of Improvements.  The ACSA shall construct, install, maintain, repair, replace and extend the water line pipes and appurtenances thereto (hereinafter, the “Improvements”) only within the Easement.  The Improvements shall be underground.

2.                  Right to Enter; Ingress and Egress.  The ACSA shall have the right to enter upon the Easement for the purpose of installing, constructing, maintaining, repairing, replacing and extending the Improvements within the Easement.  The ACSA also shall have the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend the Improvements.  If the ACSA is unable to reasonably exercise the right of ingress and egress over the Clarke Lane right-of-way, the ACSA shall have the right of ingress ad egress over the property of the County, if any, adjacent to the right-of-way.

3.                  Excavation and Restoration.  Whenever it is necessary to excavate earth within the Easement, the ACSA shall backfill the excavation in a timely, proper and workmanlike manner so as to restore the surface conditions to the same condition as they were prior to excavation, including restoration of all paved surfaces that were damaged or disturbed as part of the excavation.

4.                  Vegetation and Obstructions.  The ACSA may cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide economical and safe installation, operation and maintenance of the Improvements.  The ACSA shall not be responsible to the County or its successors and assigns, to replace or reimburse the cost of replacing or repairing any County-owned trees, brush, shrubbery or obstructions that are removed or otherwise damaged that would be inconsistent with the proper maintenance, operation or use of the Improvements.

5.                  Ownership of Improvements.  The Improvements shall be the property of the ACSA.

6.         Obligations of the Grantee if and when Clarke Lane is Proposed for Acceptance or is Accepted into the State-Maintained System.  If and when the segment of Clarke Lane in which the Easement lies is proposed for acceptance or is accepted into the state-maintained or other publicly-maintained system of highways, the Grantee shall comply with the following:

            a.         Permits.  The Grantee shall obtain all permits required by the Virginia Department of Transportation (hereinafter, “VDOT”) or such other public entity that becomes responsible for the maintenance of Clarke Lane (hereinafter, “such other public entity”) to authorize the Improvements to exist or remain within the Clarke Lane right-of-way (hereinafter, the “Permits”) and shall comply with all applicable requirements of VDOT or such other public entity. 

b.         Acts Required of Grantee to Assure Acceptance of Clarke Lane into State-Maintained System.  Until the Grantee quitclaims its interest in the Easement to VDOT, such other public entity, or the Grantor as required in conjunction with the acceptance of Clarke Lane into the state-maintained or other publicly-maintained system, the Grantee, at its sole expense, shall, promptly alter, change, adjust, relocate or remove the Improvements from the Clarke Lane right-of-way if VDOT or such other public entity determines that such alteration, change, adjustment, relocation or removal is required in order for VDOT or such other public entity to accept Clarke Lane into the system.  Neither the Grantor, VDOT, nor such other public entity shall be responsible or liable to the Grantee or its successors or assigns for any costs associated with such alteration, change, adjustment, relocation or removal of the then-existing Improvements.  In addition, neither the Grantor, VDOT, nor such other public entity shall be obligated to compensate or reimburse the Grantee or its successors or assigns for any increased or decreased cost or value associated with either the Improvements or Clarke Lane resulting from such alteration, change, adjustment, relocation or removal.

c.         Continuing Obligations of Grantee to the County.  After VDOT or such other public entity has issued the required Permits, the Grantee shall be subject to the following conditions, notwithstanding any quitclaim of its interests to VDOT or such other public entity, and these conditions shall be continuing obligations of the Grantee:

1.         The Grantee, to the extent authorized by law, shall at all times indemnify and save harmless the Grantor, its employees, agents, officers, assigns, and successors in interest from any claim whatsoever arising from the Grantee’s exercise of rights or privileges stated herein.

                        2.         In the event that the Grantor or such other public entity becomes responsible for the maintenance of Clarke Lane and the Grantor or such other public entity requires, for its purposes, that the Grantee alter, change, adjust, or relocate the Improvements, across or under Clarke Lane, the cost to alter, change, adjust, or relocate the Improvements shall be the sole responsibility of the Grantee.  Neither the Grantor nor such other public entity shall be responsible or liable to the Grantee or its successors or assigns for any costs associated with altering, changing, adjusting or relocating the then-existing Improvements as may be required herein.  In addition, neither the Grantor nor such other public entity shall be obligated to compensate or reimburse the Grantee or its successors or assigns for any increased or decreased cost or value associated with either the Improvements resulting from such alteration, change, adjustment or relocation.  The requirements of this paragraph 6(c)(2) shall not apply if the Grantor, VDOT, or such other public entity is either required by law to pay for such costs or is authorized and elects to pay for such costs.

The County, acting by and through its County Executive, duly authorized by action of the Albemarle County Board of Supervisors on November 14, 2007, does hereby convey the interest in real estate made by this deed.

By its acceptance and recordation of this Deed of Easement, the ACSA acknowledges that it, its successors and assigns, shall be bound by the terms herein.

                        WITNESS the following signatures.
 

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