HomeMy WebLinkAboutSUB201800166 Review Comments Easement Plat 2018-10-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596 Phone 434 29b-5832 Fax 434 972-4126
Date: October 4, 2018
Andy Herrick
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB201800166 — Crutchfield Corporation Easement Plat and Deeds
Date Submitted: 9/13/2018
Dear Mr. Herrick:
The applicant has prepared and submitted a Deed of Easement for a proposed stormwater facilities
easement and a stormwater access easement to be dedicated to public use for the associated
subdivision plat. The plat also proposed to dedicate a new 20' drainage easement to Albemarle County
for public use, but the deed does not appear to include language related to the drainage easement. A
copy of the plat is enclosed, and the associated deeds are included on top of that.
Please let me know if I should have the applicant make any revisions to the deed, and if the deed needs
to include declarations related to the proposed drainage easement.
Please review this document at your earliest convenience.
Thanks,
Cameron Langille
Senior Planner
Ext. 3432
Community Development Document Review
County Attorney's Office
PROJECT NUMBER:
You have requested that our office review the attached development document identified below:
Drainage easement
Shared parking agreement/easement
Open space/greenway easement
Dedication of right-of-way
Parcel determination
Other.
The document:
i proved
is conditionally approved with correction of minor edits on the attached or as noted in the comment below
is conditionally approved and ready to be circulated for signatures and acknowledgements
is not approved because:
: Signatures or acknowledgement need to be redone (see comment below)
Legal description needs to be revised (see comment below)
Other (see comment below)
If the document is approved, was submitted with e app ants' signatures, and is a to which ounty s
party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on
behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the
document with the required signatures may now be submitted.
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County
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This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel 03200-00-00-009CO I
This deed is exempt from taxation under Virginia Code
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THIS DEED OF EASEMENT is made this 4th ay of September, 2018 by and between
Crutchfield Corporation, Grantor, and the COUNT F ALBEMARLE, VIRGINIA, a
Political subdivision of the Commonwealth of Virginia Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of that certain property (hereinafter the
"Property') located in Albemarle County, Virginia, more p 'cularly described as follows:
That certain real property shown and designated as "fie ' to be
dedicated to public use, shown on the plat of Crutchfield Corporation, dated August 31,
2018, entitled Crutchfield Corporation, a copy of which is attached hereto to be recorded
with this deed (hereinafter, the "Easement" and the ,plat ). Reference is made to the Plat
for a more particular description of the easement conveyed herein.
WHEREAS, the Property is described further as a portion of that certain lot or parcel of land
situated in the Rio Magisterial District of the County of Albemarle, Virginia, described as
Albemarle County Tax Map Parcel 03200-00-00-009CO3 as recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia, in Deed Book 814, page 350, Deed Book 863, page
001, page 004 Plat, and Deed Book 1944, page 541, page 545 Plat, hereinafter called the
"Property"; and
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities
and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's
Office in Deed Book 3008, page 105-108, in which the Grantor has agreed to construct and
maintain on -site stormwater management/BMp facilities; and
WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the stormwater management/BMP facilities whenever the County deems necessary; and
version: 07/20/18
the Maintenance Agreement also provides in part that, in the event the Grantor, its successors and
assigns, fails to maintain the stormwater management/BMP facilities in good condition
acceptable to the County, the County may enter upon the Property and take whatever steps
necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies.
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an
Easement for public use in accordance with this Deed of Dedication and Easement.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), 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 easement as shown on the Plat and as referred to herein as the
Easement.
The Easement shall be subject to the following:
1. Right of ingress and egress. The Grantee and its authorized agents and employees shall
have the right and easement of ingress and egress over the Property to perform all acts to which
the parties have agreed it may perform under the Maintenance Agreement.
2. Ownershhj of the facilities. The stormwater management/BMP facilities required to be
constructed and maintained by the Grantor under the Maintenance Agreement shall be and
remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed
to be an assumption of ownership or control by the Grantee over the stormwater management/
BUT facilities subject to the Maintenance Agreement.
3. No obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement
shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain
the stormwater management/BMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
5. 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
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Version: MOM
respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents.
6. Termination of Easement. If the Grantor, or its successors or assigns, desires to alter or
vacate a portion or all of the easement(s), the Easement may be adjusted accordingly if the
County Engineer certified in writing that the proposed modifications meet the requirements of
9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be
amended in the future. In addition to meeting these requirements, the Grantor shall mitigate for
any loss of nutrient credit reductions provided in the stormwater calculations for the Property
described in the Maintenance Agreement as a result of such alteration or vacation. Upon
termination of any portion of the Easement(s), any residue of the Easement shall remain subject
to this Deed of Dedication and Easement. The termination of any portion of the Easement(s)
shall be recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County
upon approval of the Albemarle County Attorney.
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.
c
vffsion: 07/20/18
WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
[OWNER]
The foregoing instrument was acknowledged before me this
by
My Commission Expires:
Registration number:
Grantor.
Notary Public
day of
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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Venion: 07/20/18
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
The foregoing instrument was acknowledged before me this day of
by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia, Grantee.
My Commission Expires:_ Notary Public
Registration number:
Approved as to Form:
County Attorney Date
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version: 07/20/18