DEED OF EASEMENTS PREPARED BY, AND WHEN RECORDED RETURN TO:

Transcription

1 Addendum C Lee Highway Easements - Page 1 PREPARED BY, AND WHEN RECORDED RETURN TO: Real Estate Bureau Chief Department of Environmental Services Arlington County Government 2100 Clarendon Boulevard, Suite 800 Arlington, Virginia Exempt from Recordation Tax Per Virginia Code A.3 DEED OF EASEMENTS This DEED OF EASEMENTS ( Deed ) is made this day of, 20, by J-GEM, LLC, a Virginia limited liability company ( Grantor ), and THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic ("Grantee" or the County ); R. SCOTT RITTER, TRUSTEE and KURTIS J. MARX, Trustee, either of whom may act (the Trustee ); and UNITED BANK, a Virginia corporation (the Beneficiary ). RECITALS: R-1. WHEREAS, J-GEM, LLC is the owner of the parcels of real estate more particularly described in Exhibit A, attached hereto and incorporated herein, situated in Arlington County, Virginia, and conveyed to it from Hakki Y. Yazgan and Canan Yazgan, husband and wife, by Deed dated December 24, 2001, and recorded in Deed Book 3235 at Page 2125, and corrected in Deed Book 4150 at Page 1842, among the land records of Arlington County, Virginia (the Property ); R-2. WHEREAS, by that certain Deed of Trust by and among Grantor, the Trustee, and the Beneficiary, dated December 22, 2003, and recorded on December 31, 2003 among the land records of Arlington County, Virginia, in Deed Book 3642 at Page 2524, Grantor granted the Property in trust to the Trustee to secure Grantors indebtedness to the Beneficiary, of which said Deed of Trust was later modified in Deed Book 3966 at Page 397 and Deed Book 4150 at Page 1130, to increase the principal amount secured thereby and to substitute the trustees; R-3. WHEREAS, Grantor desires to dedicate to Grantee a permanent easement for public sidewalk, utilities and drainage purposes and a permanent easement for public sidewalk, utilities, drainage and bus stop purposes on portions of the Property; R-4. WHEREAS, it is the desire of Grantor, with the consent and approval of the Beneficiary and the Trustee, to create, dedicate, grant and convey unto the County (1) a 248 square foot Easement for Public Sidewalk, Utilities and Drainage Purposes, (2) a 77 square foot Easement for Public Sidewalk, Utilities and Drainage Purposes, and (3) a 176 square foot Easement for Public Sidewalk, Utilities, Drainage and Bus Stop

2 Addendum C Lee Highway Easements - Page 2 Purposes as hereinafter set forth, described and shown on a plat entitled Plat Showing Various Easements on Part Lot 1, Section One, FRANK UPMAN'S PROPERTY, D.B. 332, PG. 204 and Parcel 2-A, Resubdivision of Part of Original Property of FRANK UPMAN, D.B. 1342, Pg. 455 and Vacated Portion of a Public Alley, D.B. 1599, Pg. 13, Arlington County, Virginia, which plat was prepared by the Arlington, Virginia, Department of Environmental Services, Engineering Bureau Survey Section, and approved on September 25, 2013, by the Arlington County Subdivision and Bonds Administrator of the Department of Environmental Services (the "Plat"), attached hereto and made a part hereof. WITNESSETH: EASEMENTS FOR PUBLIC SIDEWALK, UTILITIES AND DRAINAGE PURPOSES NOW, THEREFORE, that in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, with the consent and approval of the Beneficiary and the Trustee, as evidenced by their signatures affixed hereto, does hereby create, grant and convey unto the County, its successors and assigns, Easements for Public Sidewalk, Utilities and Drainage Purposes, over, under, across and through the Property, described respectively as Easement for Public Sidewalk, Utilities and Drainage Purposes Area = 248 Sq. Ft. and Easement for Public Sidewalk, Utilities and Drainage Purposes Area = 77 Sq. Ft, in the locations and dimensions shown on the Plat (together, the Sidewalk and Utilities Easements ), for the purposes of construction, maintenance, removal, repair, reconstruction, replacement and relocation of present or future public sidewalks, utilities and drainage facilities and structures within the areas of said Sidewalk and Utilities Easements. The aforesaid Sidewalk and Utilities Easements are subject to the following terms and conditions: 1. The County and its agents shall have full and free use of the Sidewalk and Utilities Easements for the purposes named, and shall have all rights and privileges reasonably necessary to exercise the use of the Sidewalk and Utilities Easements, including the right of access to and from the Sidewalk and Utilities Easements, and the right to use the adjoining land of Grantor where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction, maintenance, removal, repair, reconstruction, replacement and relocation, and further, this right shall not be construed to allow the County to erect any building, structure or facility of a permanent nature on such adjoining land. The County at its own expense shall restore, as nearly as practicable, the premises to their original condition, such restoration to include the backfilling of trenches, repair or replacement and re-striping of any damaged curbs, asphalt, paving, concrete or other surface improvements, the replacement of shrubbery and the reseeding or resodding of lawns, but not the replacement of structures, trees or obstructions.

3 Addendum C Lee Highway Easements - Page 3 2. The County shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or reasonably near the Sidewalk and Utilities Easements; provided, however, that the County at its own expense shall restore, as nearly as practicable, the premises to their original condition, such restoration to include the backfilling of trenches, replacement or repair and re-striping of any damaged curbs, asphalt, paving, concrete or other surface improvements, the replacement of shrubbery and the reseeding or resodding of lawns, but not the replacement of structures, trees or obstructions located within the easement area. 3. Grantor reserves the right to use the Property in any manner that is not inconsistent with the rights herein conveyed, or does not interfere with the use of the Sidewalk and Utilities Easements for the purposes named. 4. Grantor covenants that Grantor is seized of and has the right to convey the Sidewalk and Utilities Easements, and that Grantor shall make no use of the easement areas which is inconsistent with the easement rights hereby granted. EASEMENT FOR PUBLIC SIDEWALK, UTILITIES, DRAINAGE AND BUS STOP PURPOSES NOW, THEREFORE, that in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, with the consent and approval of the Beneficiary and the Trustee, as evidenced by their signatures affixed hereto, does hereby create, grant and convey unto the County, its successors and assigns, an Easement for Public Sidewalk, Utilities, Drainage and Bus Stop Purposes, over, under, across and through the Property, described respectively as Easement for Public Sidewalk, Utilities, Drainage and Bus Stop Purposes Area = 176 Sq. Ft. in the location and dimensions shown on the Plat (the Bus Stop Easement ), for the purposes of construction, maintenance, removal, repair, reconstruction, replacement and relocation of present or future public sidewalks, utilities, drainage and bus stop facilities and structures within the areas of said Bus Stop Easement. The aforesaid Bus Stop Easement is subject to the following terms and conditions: 1. The County and its agents shall have full and free use of the Bus Stop Easement for the purposes named, and shall have all rights and privileges reasonably necessary to exercise the use of the Bus Stop Easement, including the right of access to and from the Bus Stop Easement, and the right to use the adjoining land of Grantor where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction, maintenance, removal, repair, reconstruction, replacement and relocation, and further, this right shall not be construed to allow the County to erect any building, structure or facility of a permanent nature on such adjoining land. The County at its own expense shall restore, as nearly as practicable, the premises to their original condition, such restoration to include the backfilling of trenches, the repair or replacement and re-striping of any damaged curbs, asphalt, paving, concrete or other

4 Addendum C Lee Highway Easements - Page 4 surface improvements, the replacement of shrubbery and the reseeding or resodding of lawns, but not the replacement of structures, trees or obstructions. 2. The County shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or reasonably near the Bus Stop Easement; provided, however, that the County at its own expense shall restore, as nearly as practicable, the premises to their original condition, such restoration to include the backfilling of trenches, the repair or replacement and re-striping of any damaged curbs, asphalt, paving, concrete or other surface improvements, the replacement of shrubbery and the reseeding or resodding of lawns, but not the replacement of structures, trees or obstructions located within the easement area. 3. Grantor reserves the right to use the Property in any manner that is not inconsistent with the rights herein conveyed, or does not interfere with the use of the Bus Stop Easement for the purposes named. 4. Grantor covenants that Grantor is seized of and has the right to convey the Bus Stop Easement, and that Grantor shall make no use of the easement area which is inconsistent with the easement rights hereby granted. The Sidewalk and Utility Easement areas and the Bus Stop Easement area are collectively referred to as the Easements or Easement Areas. Reference is hereby made to the Plat attached hereto and incorporated herein for a more full and complete description of the Easement Areas hereby conveyed. All facilities installed or constructed by the Grantee shall be and remain the property of the Grantee. No additional charge shall at any time be made for the property used or occupied by the Grantee s facilities. The Grantee shall have all rights and privileges reasonably necessary for the use of the Easements. SUBORDINATION THIS DEED FURTHER WITNESSETH, that in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Trustee, as authorized to act by the Beneficiary, as shown by their execution herein, does hereby subordinate the lien of the Deed of Trust to the Easements granted herein as shown on the Plat. COVENANTS REAL Grantor, with the consent and approval of the Beneficiary and the Trustee, declares that the agreements and covenants stated in this Deed are not covenants personal to Grantor, but are covenants real, running with the land. This Deed may be executed in counterparts, each of which shall be deemed an original but which together shall constitute one and the same instrument. FREE CONSENT

5 Addendum C Lee Highway Easements - Page 5 This Deed is made with the free consent and in accordance with the desire of the undersigned Owner of the Property, and with the Lender and the Trustee executing solely in their consent capacity, as holders of a security interest in the Property, and is in accordance with the statutes of Virginia and the ordinances in force in Arlington County, and is approved by the proper authorities as is evidenced by their endorsements on said Deed and Plat attached hereto and made a part hereof. Grantor covenants that Grantor is seized of the Property and has the right to convey this Deed. This Deed shall be construed, interpreted and applied according to the law of the Commonwealth of Virginia. Recitals are incorporated into this Deed. [Signatures appear on the following page(s)]

6 Addendum C Lee Highway Easements - Page 6 State: County: GRANTOR: J-GEM, LLC, A Virginia limited liability company By: Its: The foregoing instrument was acknowledged before me on this, 20, by J-Gem, LLC, Grantor. day of Notary Public: My Commission expires: My Registration No.:

7 Addendum C Lee Highway Easements - Page 7 SUBORDINATION OF LIEN OF THE DEED OF TRUST The Trustee(s), as evidenced by his signature(s) hereto, either of whom may act, does hereby consent to and subordinate the lien of the Deed of Trust to the Easements granted herein and as shown on the Plat. It is expressly understood that the subordination of the lien of the Deed of Trust to the Easements granted herein shall not otherwise affect the lien of the Deed of Trust, which remains in full force and effect. TRUSTEE(S): R. SCOTT RITTER, TRUSTEE State: County: The foregoing instrument was acknowledged before me on this, 20, by R. SCOTT RITTER, Trustee. day of Notary Public: My Commission expires: KURTIS J. MARX, TRUSTEE State: County: The foregoing instrument was acknowledged before me on this, 20, by KURTIS J. MARX, Trustee. day of Notary Public: My Commission expires:

8 Addendum C Lee Highway Easements - Page 8 UNITED BANK, A Virginia corporation BY: NAME: TITLE: DATE: State: County: The foregoing instrument was acknowledged before me on this day of, 20, by, of United Bank, on behalf of said bank. Notary Public: My Commission expires:

9 Addendum C Lee Highway Easements - Page 9 GRANTEE: THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA Accepted this day of, 20, on behalf of the County Board of Arlington County, Virginia, pursuant to a resolution, motion, or action of the said Board duly adopted on, 20. By: Name: Title: COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON, to-wit: The foregoing instrument was acknowledged before me by, on behalf of THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate, this day of, 20. Notary Public: My Commission expires: My Registration No.: APPROVED AS TO FORM: COUNTY ATTORNEY

10 Addendum C Lee Highway Easements - Page 10 EXHIBIT A All of Lot 1, of the Subdivision of Section 1, Frank Upman s Property, as the same appears duly platted, dedicated and recorded among the land records of Arlington County, Virginia, in Deed Book 332, at Page 204; LESS AND EXCEPT 0.05 acre conveyed to the Commonwealth of Virginia by deed recorded in Deed Book 1336, at Page 254, among the said land records. AND, All of Parcel 2-A, as the same is shown on plat for a Resubdivision of Part of Original Property (including Parts of Lots 2 and 3) of Frank Upman, made by D.H. Maher, Certified Land Surveyor, dated September 10, 1958, attached to and made a part of a deed from Glebe-Lee Corporation to Thomas A. Moskey, Jr., recorded in Deed Book 1342 at Page 455, among the land records of Arlington County, Virginia. AND, 898 square feet, more or less, of land shown as Area Vacated on plat attached to an instrument recorded among the land records of said county in Deed Book 1599, at page 13.

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12 Addendum C Lee Highway Easements - Page 12 PREPARED BY, AND WHEN RECORDED RETURN TO: Real Estate Bureau Chief Engineering & Capital Projects Division Department of Environmental Services Arlington County Government 2100 Clarendon Boulevard, Suite 800 Arlington, Virginia DEED OF TEMPORARY EASEMENT AND CONSTRUCTION AGREEMENT Exempt from Recordation Tax Per Virginia Code A.3 This DEED OF TEMPORARY EASEMENT AND CONSTRUCTION AGREEMENT ( Deed ) is made this day of, 20, by J-GEM, LLC, a Virginia limited liability company ( Grantor"), and THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic ("Grantee"); R. SCOTT RITTER, TRUSTEE, and KURTIS J. MARX, TRUSTEE, either of whom may act (the Trustee ); and UNITED BANK, a Virginia corporation (the Beneficiary ). RECITALS: R-1. WHEREAS, J-GEM, LLC is the owner of the parcels of real estate more particularly described in Exhibit A, attached hereto and incorporated herein, situated in Arlington County, Virginia, and conveyed to it from Hakki Y. Yazgan and Canan Yazgan, husband and wife, by Deed dated December 24, 2001, and recorded in Deed Book 3235 at Page 2125, and corrected in Deed Book 4150 at Page 1842, among the land records of Arlington County, Virginia (the Property ); R-2. WHEREAS, by that certain Deed of Trust by and among the Grantor, the Trustee, and the Beneficiary, dated December 22, 2003, and recorded on December 31, 2003 among the land records of Arlington County, Virginia, in Deed Book 3642 at Page 2524, the Grantor granted the Property in trust to the Trustee to secure Grantors indebtedness to the Beneficiary, of which said Deed of Trust was later modified in Deed Book 3966 at Page 397 and Deed Book 4150 at Page 1130, to increase the principal amount secured thereby and to substitute the trustees; R-3. WHEREAS, Grantors desire to dedicate to the Grantee a temporary easement for the construction of public sidewalk, utilities, drainage and bus stop facilities and structures on portions of the Property; R-4. WHEREAS, the Trustees and the Beneficiary join herein for the sole purpose of subordinating the lien of the Deed of Trust to this Deed.

13 Addendum C Lee Highway Easements - Page 13 WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) cash in hand paid and the mutual benefits to be derived by the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant and convey unto the Grantee a temporary easement for the use, as described herein, of portions of Grantor s property (together, the Temporary Easement ), more specifically described as two areas of real estate containing approximately Four Thousand Nine Hundred Sixty-seven (4,967) square feet and Two Hundred Forty-four (244) square feet of land situated in Arlington County, Virginia ( Easement Areas ), shown on the plans attached hereto and made a part hereof, entitled Plat Showing Various Easements on Part Lot 1, Section One, FRANK UPMAN'S PROPERTY, D.B. 332, PG. 204 and Parcel 2-A, Resubdivision of Part of Original Property of FRANK UPMAN, D.B. 1342, Pg. 455 and Vacated Portion of a Public Alley, D.B. 1599, Pg. 13, Arlington County, Virginia, which plat was approved on September 25, 2013, by the Arlington County Subdivision and Bonds Administrator of the Department of Environmental Services (the "Plat"), said Temporary Easement Areas being portions of the same property acquired by the Grantor by deed dated December 24, 2001, recorded in the Land Records of the Arlington County Circuit Court in Deed Book 3235 at Page 2125, and corrected in Deed Book 4150 at Page 1842, and more particularly described in Exhibit A attached hereto (the "Property"). Reference is hereby made to the Plat attached hereto and incorporated herein for a more full and complete description of the Temporary Easement Areas hereby conveyed. Grantee shall have the right to use the Temporary Easement Areas for the purposes of construction of the public sidewalk, utilities, drainage and bus stop facilities and structures, including accessories and appurtenances thereto, adjacent to the Temporary Easement Areas, as shown on the Plat, and for such other purposes as are incidental and related thereto. Grantee and its agents shall have the non-exclusive right to use the Temporary Easement Areas for the purposes named, and shall have all rights and privileges reasonably necessary to exercise the use of the Temporary Easement, including the right of access across the Property to and from the Temporary Easement Areas. Grantor covenants that Grantor is seized of and has the right to convey the Temporary Easement, and that Grantor shall make no use of the Temporary Easement Areas which are inconsistent with the Temporary Easement and the associated rights hereby conveyed. The Temporary Easement conveyed by this document shall commence upon the date of acceptance of this Deed by the Grantee and shall expire six months after completion of construction on the Property, or an earlier date if Grantor is so notified in writing by Grantee.

14 Addendum C Lee Highway Easements - Page 14 Notwithstanding anything set forth herein, Grantee agrees to communicate and coordinate with Grantor and its tenant at the Property as necessary to avoid, to the extent reasonably practical, interference with the tenant s business operations. Grantee will phase construction activities and coordinate with the tenant at the Property as necessary to ensure that at all times such tenant and its employees and invitees shall have uninterrupted access, egress, and parking spaces at the Property. Grantee agrees that, as soon as practicable after the completion of construction, maintenance, repair, reconstruction, relocation, replacement and/or removal of the public streets, sidewalks, utilities, drainage and bus stop facilities and structures within or adjacent to the Temporary Easement, the Grantee will, at no cost to the Grantor: (1) restore the disturbed area on and adjacent to the Temporary Easement Areas as nearly as practicable to its original condition; (2) reseed (or resod, at the sole option of the Grantee) all damaged grass areas on or adjacent to the Temporary Easement; (3) restore and restripe all curbs, asphalt, paving, concrete or other surface improvements as nearly as practicable to their original condition; (4) reset (or replace with new nursery stock, at the sole option of Grantee), all existing trees, plants, shrubbery, and hedges on or adjacent to the Temporary Easement that are affected by the construction, maintenance, repair, reconstruction, or replacement of the public streets, sidewalks, utilities and drainage facilities within or adjacent to the Temporary Easement; and (5) guarantee any new nursery stock trees, plants, shrubbery, and hedges for one year against damage from the date of planting. This Deed incorporates all agreements between the parties hereto. No representations or statements have been made which would modify, add to or change the terms of this Deed. This Deed is contingent upon, and shall not be effective until, accepted on behalf of the County Board of Arlington County, Virginia. This Deed shall be construed, interpreted, and applied according to the law of the Commonwealth of Virginia. [SIGNATURES APPEAR ON THE FOLLOWING PAGES]

15 Addendum C Lee Highway Easements - Page 15 WITNESS the following signature(s): GRANTOR: J-GEM, LLC, A Virginia limited liability corporation By: Name: Its: STATE:, COUNTY: : The foregoing instrument was acknowledged before me on this day of, 20, by J-Gem LLC, Grantor. Notary Public: My Commission Expires:

16 Addendum C Lee Highway Easements - Page 16 SUBORDINATION OF LIEN OF THE DEED OF TRUST The Trustee(s), as evidenced by his signature(s) hereto, either of whom may act, does hereby consent to and subordinate the lien of the Deed of Trust to the Temporary Easement granted herein and as shown on the Plat. It is expressly understood that the subordination of the lien of the Deed of Trust to the Temporary Easement granted herein shall not otherwise affect the lien of the Deed of Trust, which remains in full force and effect. TRUSTEE(S): R. SCOTT RITTER, TRUSTEE State: County: The foregoing instrument was acknowledged before me on this, 20, by R. SCOTT RITTER, Trustee. day of Notary Public: My Commission expires: KURTIS J. MARX, TRUSTEE State: County: The foregoing instrument was acknowledged before me on this, 20, by KURTIS J. MARX, Trustee. day of Notary Public: My Commission expires:

17 Addendum C Lee Highway Easements - Page 17 GRANTEE: ACCEPTED this day of, 20, on behalf of The County Board of Arlington County, Virginia, pursuant to a resolution, motion, or action of the said Board duly adopted on, 20. By: Title: For The County Board of Arlington County, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON, to-wit: The foregoing instrument was acknowledged before me by, on behalf of THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic, this day of, 20. Notary Public: My Commission expires: APPROVED as to form: COUNTY ATTORNEY

18 Addendum C Lee Highway Easements - Page 18 EXHIBIT A All of Lot 1, of the Subdivision of Section 1, Frank Upman s Property, as the same appears duly platted, dedicated and recorded among the land records of Arlington County, Virginia, in Deed Book 332, at Page 204; less and except 0.05 acre conveyed to the Commonwealth of Virginia by Deed recorded in Deed Book 1336, at Page 254, among the land records; and, All of Parcel 2-A, as the same is shown on plat for a Resubdivision of Part of Original Property (including Parts of Lots 2 and 3) of Frank Upman, made by D.H. Maher, Certified Land Surveyor, dated September 10, 1958, attached to and made a part of a Deed from Glebe-Lee Corporation to Thomas A. Moskey, Jr., recorded in Deed Book 1342 at Page 455, among the land records of Arlington County, Virginia; and 898 square feet, more or less, of land shown as Area Vacated on plat attached to an instrument recorded among the land records of said County in Deed Book 1599, at Page 13.

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