This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map 61 (Belvedere Boulevard 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 _________________________, 2009, 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”.
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 maintain, repair, replace and operate a sewer line consisting of pipes and appurtenances thereto, over, under an across the real property of the County known as Belvedere Boulevard in the Belvedere Subdivision in Albemarle County, Virginia, and more particularly described as follows:
A permanent sewer line easement in the public right-of-way known as Belvedere Boulevard, located approximately 0.25 miles north of East Rio Road in Albemarle County, Virginia, identified as the “20’ Permanent Sanitary Sewer Easement” within the Belvedere Boulevard right-of-way, as shown on the plat entitled “Plat Showing Sanitary Sewer Easement for ‘Covenant Church of God’ 0.25 Miles North of East Rio Road Rio Magisterial District, Albemarle County, Virginia,” dated August 25, 2008 (hereinafter, the “Plat”); the said roadway shown as Belvedere Boulevard is on a plat of record in the Albemarle County Circuit Court Clerk’s Office in Deed Book 3543, page 225.
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 sewer 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 Belvedere Boulevard 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, maintenance and operation 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 ACSA if and when Belvedere Boulevard is Proposed for Acceptance or is Accepted into the State-Maintained System. If and when the segment of Belvedere Boulevard in which the Easement lies is proposed for acceptance or is accepted into the state-maintained or other publicly-maintained system of highways, the ACSA shall comply with the following:
a. Permits. The ACSA 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 Belvedere Boulevard (hereinafter, “such other public entity”) to authorize the Improvements to exist or remain within the Belvedere Boulevard right-of-way (hereinafter, the “Permits”) and shall comply with all applicable requirements of VDOT or such other public entity.
b. Acts Required of ACSA to Assure Acceptance of Belvedere Boulevard into State-Maintained System. Until the ACSA quitclaims its interest in the Easement to VDOT, such other public entity, or the County as required in conjunction with the acceptance of Belvedere Boulevard into the state-maintained or other publicly-maintained system, the ACSA, at its sole expense, shall, promptly alter, change, adjust, relocate or remove the Improvements from the Belvedere Boulevard 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 Belvedere Boulevard into the system. Neither the County, VDOT, nor such other public entity shall be responsible or liable to the ACSA 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 County, VDOT, nor such other public entity shall be obligated to compensate or reimburse the ACSA or its successors or assigns for any increased or decreased cost or value associated with either the Improvements or Belvedere Boulevard resulting from such alteration, change, adjustment, relocation or removal.
c. Continuing Obligations of ACSA to the County. After VDOT or such other public entity has issued the required Permits, the ACSA 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 ACSA:
1. The ACSA, to the extent authorized by law, shall at all times indemnify and save harmless the County, its employees, agents, officers, assigns, and successors in interest from any claim whatsoever arising from the ACSA’s exercise of rights or privileges stated herein.
2. In the event that the County or such other public entity becomes responsible for the maintenance of Belvedere Boulevard and the County or such other public entity requires, for its purposes, that the ACSA alter, change, adjust, or relocate the Improvements, across or under Belvedere Boulevard, the cost to alter, change, adjust, or relocate the Improvements shall be the sole responsibility of the ACSA. Neither the County nor such other public entity shall be responsible or liable to the ACSA 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 County nor such other public entity shall be obligated to compensate or reimburse the ACSA 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 County, 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 January 7, 2009, 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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