HomeMy WebLinkAbout49-16 Deed,170001171
DEED OF EASEMENT
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THIS DEED OF EASEMENT ("Deed of Easement") is made this 10 day of r W' r�
2017, by and between VENTURE I OF WINCHESTER, LLC, a Virginia limited liability
company, its successors and assigns, party of the first part ("Grantor"), NW WORKS, INC., a
Virginia corporation, its successors and assigns ("NW Works") and the COUNTY OF
FREDERICK, VIRGINIA, (the "County"), its successors and assigns, parties of the second part
(together with NW Works, "Grantees").
WITNESSETH
WHEREAS, Grantor is the owner of the property known as Tax Map No. 75-A-1 located
in Back Creek Magisterial District, Frederick County, Virginia by Instrument Nos. 060024270
and 160001418 recorded in the Office of the Clerk of the Circuit Court of Frederick County,
Virginia (the "Grantor's Property"); and
WHEREAS, NW Works is the owner of the property known as Tax Map No. 75-A-1 F
located in Back Creek Magisterial District, Frederick County, Virginia, by Instrument No.
080005981 recorded in the aforesaid Clerk's Office (*'NW Works' Property"); and
Document prepared without the
benefit of title examination by:
Thomas Moore Lawson, Esquire
P. O. Box 2740
Winchester, VA 22604
Tax Map Nos. 75-A-1; 75-A- IF
Consideration: $0.00
Return to:
Thomas Moore Lawson, Esquire
P. O. Box 2740
Winchester, VA 22604
Grantees' Addresses,-
NW
ddresses;NW Works, Inc.
828 Smithfield Avenue
Winchester, VA 22601
County of Frederick, Virginia
107 N. Kent Street
Winchester, VA 22601
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WHEREAS, it is the desire and intent of Grantor to grant and convey unto NW Works an o
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Ingress/Egress Easement (the "Access Easement") and temporary Construction and Grading
Easements (the "Temporary Easements") on Grantor's Property for the purposes of providing
access to and from Shady Elm Road (Virginia Route 651), smoothing out the existing slope of
the land, constructing a shared entrance on Grantor's Property, a roadway and other roadway
related improvements for use by Grantor and NW Works and installing the storm drainage
easement improvements described below on Grantor's Property as shown on the plat entitled
"Venture I of Winchester, LLC Easement Plat" dated January 23, 2017 and prepared by Ernest S.
Holzworth, Certified Land Surveyor, Greenway Engineering, Inc., attached hereto as "Exhibit
A" and incorporated herein by reference as if set out in full (hereinafter "Plat") which shall run
with the land and shall be binding upon each party and their respective successors and assigns;
and
WHEREAS, it is the desire and intent of NW Works to grant and convey unto Grantor an
Ingress/Egress Easement (the "NW Works Access Easement") on NW Works' Property for the
purposes of providing access across NW Works' Property to and from Grantor's Property and
Shady Elm Road (Virginia Route 651) as shown on the Plat which shall run with the land and
shall be binding upon each party and their respective successors and assigns; and
WHEREAS, it is the desire and intent of Grantor to grant and convey unto the County a
twenty foot (20') storm drainage easement and a storm drainage easement for the purposes of
constructing, operating, maintaining, adding to, altering or replacing present or future stormwater
management facilities, storm drainage lines, storm sewer lines, or other drainage structures,
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including building connection lines, plus all necessary inlet structures, manholes, and CD
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appurtenances for the collection of stormwater and its transmission through and across Grantor's
Property (the "Storm Drainage Easements") as shown on the Plat which shall run with the land
and shall be binding upon each party and their respective successors and assigns.
ACCESS EASEMENT AND TEMPORARY EASEMENTS
NOW, THEREFORE, for and in consideration of the sum of Ten and 00:'100 Dollars
($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged,
Grantor does hereby grant and convey unto NW Works that Access Easement and Temporary
Easements as depicted on the attached Plat for the purposes of providing access to and from
Shady Elm Road (Virginia Route 651), smoothing out the existing slope of the land, constructing
a shared entrance on Grantor's Property, a roadway and other roadway related improvements for
use by Grantor and NW Works and installing the storm drainage easement improvements
described below on Grantor's Property including, but not limited to, removing dirt, adding dirt
and adding landscaping.
The Access Easement and Temporary Easements shall be subject to the following
conditions:
1. NW Works and its agents shall have full and free use of the Access Easement and
Temporary Easements, including ingress and egress on the Access Easement and Temporary
Easements for the purposes named herein, and shall have all rights and privileges reasonably
necessary to utilize the Access Easement and Temporary Easements.
2. NW Works shall have the right to maintain, trim, cut and/or remove trees,
shrubbery, fences or other obstructions on or near the Access Easement and/or Temporary
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Easements being conveyed deemed by NW Works to interfere with the efficient construction or CD
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maintenance of the Access Easement and/or Temporary Easements; provided, however, that NW
Works, at its own expense, shall restore all land or premises which are disturbed in any manner
by the construction or maintenance of the Access Easement and/or Temporary Easements. Such
restoration shall be to Grantor's reasonable satisfaction and shall include the backfilling of
trenches, the replacement of fences and shrubbery and the reseeding or stabilization of lawns or
pasture areas located within the Access Easement and/or Temporary Easements.
3. Grantor shall have the right to use the Access Easement and/or Temporary
Easements in any manner which is not inconsistent with the rights granted to NW Works herein.
Grantor shall at all times have the right to cross over and upon said Access Easement and/or
Temporary Easements and to use the surface over the said Access Easement and/or Temporary
Easements in such a manner as will neither injure nor interfere with the construction or
maintenance of the improvements on Grantor's Property or NW Works' Property.
4. The Temporary Easements shall automatically terminate at such time as all
improvements on Grantor's Property and NW Works' Property have been constructed and
installed, but in any event, if not previously installed, within two years from the date this Deed of
Easement is recorded in the Office of the Clerk of the Circuit Court for Frederick County,
Virginia. Upon termination of the Temporary Easements, NW Works is responsible for any and
all maintenance of the Access Easement.
NW WORKS ACCESS EASEMENT
NOW, THEREFORE, for and in consideration of the sum of Ten and 001100 Dollars
($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, NW
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Works does hereby grant and convey unto Grantor that NW Works Access Easement as depicted o
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on the attached Plat for the purposes of providing access across NW Works' Property to and
from Grantor's Property and Shady Elm Road (Virginia Route 651).
The NW Works Access Easement shall be subject to the following conditions:
Grantor and its agents shall have full and free use of the NW Works Access
Easement, including ingress and egress on the NW Works Access Easement for the purposes
named herein, and shall have all rights and privileges reasonably necessary to utilize the NW
Works Access Easement. In the event Grantor is unable to reasonably exercise the right of
ingress and egress over the NW Works Access Easement, Grantor shall have the right of ingress
and egress over the NW Works' Property adjacent to the NW Works Access Easement in order
to install improvements on the NW Works' Property, including, but not limited to, installing a
driveway and/or roadway in the NW Works Access Easement; provided, however, that this right
to use such adjoining land shall be exercised only during periods of actual construction or
maintenance, and further, this right shall not be construed to allow Grantor to erect any building,
structure or facilities on such adjoining land.
2. Grantor shall have the right to maintain, trim, cut and/or remove trees, shrubbery,
fences or other obstructions on or near the NW Works Access Easement being conveyed deemed
by Grantor to interfere with the efficient construction or maintenance of the NW Works Access
Easement; provided, however, that Grantor, at its own expense, shall restore all land or premises
which are disturbed in any manner by the construction or maintenance of the NW Works Access
Easement. Such restoration shall be to NW Works' reasonable satisfaction and shall include the
backfilling of trenches, the replacement of fences and shrubbery and the reseeding or
stabilization of lawns or pasture areas located within the NW Works Access Easement.
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STORM DRAINAGE EASEMENTS CD
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NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 Dollars
($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged,
Grantor does hereby grant and convey unto the County a twenty foot (20') storm drainage
easement and a storm drainage easement, identified on the Plat as "20' Storm Drainage
Easement" and "Storm Drainage Easement" (collectively the "Storm Drainage Easements")
which shall run with the land and be perpetual easements for the purposes of constructing,
operating, maintaining, adding to, altering or replacing present or future stormwater management
facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building
connection lines, plus all necessary inlet structures, manholes, and appurtenances for the
collection of stormwater and its transmission through and across Grantor's Property, said
easements being more particularly bounded and described on the Plat.
The foregoing Storm Drainage Easements are subject to the following conditions where
applicable:
1. All storm sewers, manholes, inlet structures, and appurtenant facilities which are
installed in the Storm Drainage Easements shall be and remain the property of the County.
2. The County and its agents shall have full and free use of said Storm Drainage
Easements for the purposes named, and shall have all rights and privileges reasonably necessary
to the exercise of the Storm Drainage Easements including the right of access to and from the
Storm Drainage Easements and right to use adjoining land where necessary; provided, however,
that this right to use adjoining land shall be exercised only during periods of actual construction
or maintenance, and further, this right shall not be construed to allow the County to erect any
building or structure of a permanent nature on such adjoining land.
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3. The County shall have the right to trim, cut, and remove trees, shrubbery, fences, o
structures, or other obstructions or facilities in or near the easements being conveyed, deemed by
it to interfere with the proper and efficient construction, operation, and maintenance of said
Storm Drainage Easements; provided, however, that the County, at its own expense, shall
restore, as nearly as possible, the premises to their original condition. Such restoration shall
include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or
resodding of lawns or pasture areas, and the replacement of structures and other facilities Iocated
outside the Storm Drainage Easements, but shall not include the replacement of structures, trees
and shrubs, or other facilities located within the Storm Drainage Easements.
4. The County shall have the right to demolish all paving, curbing, and/or guttering
in the Storm Drainage Easements being conveyed, deemed by it to interfere with the proper and
efficient construction, installation, operation, and maintenance of said stormwater drainage lines
and appurtenant facilities; provided, however, that the County, at its own expense, shall restore
all non -interfering paving, curbing, and/or guttering which are disturbed in any manner by the
construction, operation, and maintenance of said stormwater drainage lines and appurtenant
facilities.
5. Grantor reserves the right to construct and maintain roadways over said Storm
Drainage Easements to the extent not prohibited or restricted by ordinance and to make any use
of the Storm Drainage Easements herein granted which may not be inconsistent with the rights
herein conveyed, or interfere with the use of said Storm Drainage Easements by the County for
the purposes named; provided, however, that Grantor shall not erect any building or other
structure, excepting a fence, on the Storm Drainage Easements without obtaining the prior
written approval of the County.
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6. Grantor covenants that it is seized of and has the right to convey said Storm CE,
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Drainage Easements, rights and privileges, that the County shall have quiet and peaceable o:>
possession, use and enjoyment of the Storm Drainage Easements, rights and privileges, and that
Grantor shall execute such further assurances thereof as may be required.
7. Grantor agrees that the agreements and covenants stated in this Deed are not
covenants personal to Grantor but are covenants running with the land which are and shall be
binding upon Grantor, its heirs, personal representatives, successors and assigns.
8. NW Works, at its sole cost and expense, shall be responsible for the construction
and maintenance of the Storm Drainage Easements conveyed to ensure the proper flow of
stormwater at all times.
9. NW Works shall inspect the drainage facilities annually and will perform any
necessary maintenance. Such maintenance shall include, but not be limited to, the removal of
any trash located in the drainage channel, replacement and upgrade of rip rap, removing all
debris or other materials which may cause obstructions in the Stormwater Drainage Easements.
10. In the event that Grantor and/or the County identify an issue or problem with the
drainage facilities, they shall notify NW Works in writing, and NW Works will proceed
expeditiously to take reasonable actions to resolve the issues or problems.
11. These terms shall commence upon execution of this Deed of Easement and shall
continue as long as the described stonnwater facilities shall remain on Grantor's Property.
12. The foregoing represents the entire agreement between the parties concerning the
Storm Drainage Easements. Any prior or subsequent agreements that are not memorialized as an
addendum to this Deed of Easement and signed by all parties are hereby declared to be null and
void.
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13. The parties, specifically NW Works, do expressly agree that Grantor may at its
discretion, and with the advance written approval of the County, relocate the Stormwater
Drainage Easements, provided said relocated Stormwater Drainage Easements are in a suitable
location that can reasonably accommodate the stormwater facility and that does not cause NW
Works to incur any additional maintenance or other costs as compared with the location of the
Stormwater Drainage Easements as it is depicted herein. In the event, Grantor chooses a
relocation that does not satisfy the aforementioned condition, there shall be a pre -requirement to
relocation of obtaining the written approval from NW Works which approval shall not be
unreasonably delayed, withheld or denied. In the event the Stormwater Drainage Easements are
relocated, NW Works and the County agree to execute any and all documents that may be
required to confirm said relocation in the land records or otherwise.
14. This Deed of Easement shall be construed under the laws of the Commonwealth
of Virginia. Any disputes arising from the performance or non-performance of any obligations
under this Deed of Easement shall be litigated solely in the Circuit Court of Frederick County,
Virginia or the United States District Court for the Western District of Virginia, Harrisonburg
Division.
NW Works hereby indemnifies and holds harmless Grantor from and against any and all
claims, losses, liabilities, damages, including, but not limited to, Grantor's attorneys' fees and
costs that arise and/or are related in any described way to this Deed of Easement, the Access
Easement, Temporary Easements, NW Works Access Easement and Storm Drainage Easements
and!or the work described herein.
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WITNESS the following signatures and seals:
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GRANTOR:
VENTURE I OF WINCHESTER, LLC
By: Gerald F. Smith, Jr.
Its: Manager
COMMONWEALTH OF VIRGINIA,
(44 COUNTY OF to -wit:
The foregoing instrument was acknowledged before me this R-I'day of 2017,
by Gerald F. Smith, Jr., Manager of VENTURE I OF WINCHESTER, LLC.
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NUTFS:
1. THE BOUADW,, ACREAGE AND OTHER NHFi71 MTKW SHOWW HEREON IS a4-ln ON PLATS &
OEEDS OF RECORD AND FTELD SURVEYS PERFORMED BY THIS RRM
2 NO TITLE RMORT FtIRNISMM EASEA MS AND OTHER O CUMBRUCES MIGHT EXIST WHICH
ARE NOT SHOWN.
.L INE PROPER7Y SHOWN HEREON LIES WV7HIN ZONE X.• AREAS OEIMIN® TO BE OUTSIDE THE
a2x AwuAL CHANCE FLOODPLAIN PER N.F.LP. FLOOD INSURANCE RA7F MAP Mo.
51069COMOD, &TECTiW U4TE SEPTEMBER 2, 2009,
4. THE PROPERTY 6 SUBJECT To PROFFERS RECOWM BY IN57RUAeff ATO. 150012436.
VENTURE 1 OF WINCHESTER, LLC I . ,kw
EASEMENT PLAT
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OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
DATE: 02/02/17 TIME: 09:10:36 ACCOUNT: 069CLR170001171 RECEIPT: 17000002183
CASHIER: EAB
REG: WE17 TYPE: DE -PL PAYMENT: FULL PAYMENT
INSTRUMENT
170001171 BOOK: PAGE:
RECORDED: 02/02/17 AT 09:10
GRANTOR: VENTURE I OF WINCHESTER LLC
EX: N LOC:
CO
GRANTEE: NW WORKS INC
EX: N PCT:
100%
AND ADDRESS :
828 SMITHFIELD AVENUE WINCHESTER, VA. 22601
RECEIVED OF :
H P MANUEL/COUNTER
DATE OF DEED: 02/01/17
CHECK:
$36.00
DESCRIPTION 1:
B C DIST {06-24270, 16-14181
PAGES:
14 OP: 0
2:
NAMES:
0
CONSIDERATION:
.00 A/VAL:
.00 MAP: MISC
PIN:
301 DEEDS
28.50 145
VSLF
1.50
106 TECHNOLOGY TRST FND 5.00 035
VOF FEE
1.00
TENDERED
36.00
AMOUNT PAID:
36.00
CHANGE AMT :
.00
CLERK OF COURT: REBECCA P. HOGAN
PAYOR'S COPY
RECEIPT COPY 1 OF 2
VIRGINIA: FREDERICK COUNTY, SCT-
ibis
CT.
ibis/i�nstrument of writing was produced to me on
yS , I� 1 J at 01:10 A M
,d with certificate of admowledgement thereto annexed
,ts ad i ed to record. Tax imposed by Sec. 58.1-802 of
, and 58.1-801 have been paid, if assessable
4e't �, Clerlt