HomeMy WebLinkAboutSUB201800166 Review Comments Easement Plat 2018-10-10County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832 Fax 434-972-4126
Memorandum
To: Kirk Hughes (kirk(a�khals.net)
From: Cameron Langille, Senior Planner
Division: Planning
Date: October 10, 2018
Subject: SUB201800166 Crutchfield Corporation Easement Plat
The County of Albemarle Planning Division will grant or recommend approval of the plat referenced above
once the following comments have been addressed: [Each comment is preceded by the applicable reference,
which is to the Subdivision/Zoning Ordinances unless otherwise specified.]
1. [14-302 (A)(4) and 14-302 (A)(5)] Please state the width of all existing public and private easements in
their labels.
2. [14-302 (A)(14)] Add a label to the proposed public drainage easement on Sheet 3 stating the acreage
and "dedicated to public use."
3. [14-302 (A)(14)] On all applicable drawings, revise the labels for the easements that will be dedicated
to Albemarle County. The labels should state the easement width, type of easement, and "dedicated to
public use." See comments from the County Attorney for further details.
4. [14-302 (B)(5)] Please state the primary zoning district, all applicable overlay districts, and any special
use permits or proffers that apply to the parcel as a note on Sheet 1.
a. The primary zoning district is LI Light Industry.
b. Property is within the AIA Aiport Impact Area Overlay District, and the Managed Steep Slopes
Overlay District.
c. Property is subject to the proffers of ZMA198500034.
d. Property is subject to an approved special use permit SP198500097.
5. [14-302 (B)(1)] Provide a date of last revision to all applicable sheets.
6. [14-303 (A), 14-303 (0), and 14-303 (P)] Please move the statement of consent to division, owner
signature panel, and notary panels to Sheet 1.
7. [14-303 (D)] Please state the acreage of the property as a note on Sheet 1.
8. [14-303 (E)] Curve lines Cl and C2 are not labeled on the plats. Please identify where these curve line
dimensions apply.
9. [14-303 (L)] The deed of dedication for the three new public easements will need to be re -submitted
and include an updated revision date for the plat once these comments are addressed.
a. The County Attorney has provided comments on the draft stormwater facility and access
easement deed, see attached document for required revisions to the deed.
b. Please prepare and submit a draft of the drainage easement deed of dedication. A template is
attached to this comment letter.
Please contact Cameron Langille in the Planning Division by using blan ig llegalbemarle.org or 434-296-5832
ext. 3432 for further information.
Comment From Other Reviewers:
Albemarle County Attorney — Greg Kamptner, akamptnerkalbemarle.org, Requested Changes, see attached.
Albemarle County Engineering Services - Matt Wentland, mwentland&albemarle.org, Requested Changes:
The Deeds of Dedication will need to be reviewed and approved by the County Attorney's Office and
recorded along with the plat.
Albemarle County Service Authority — Richard Nelson, rnelsonnserviceauthroity.org, Easement plat still
under review with ACSA. Any comments or approvals from ACSA will be forwarded to the applicant upon
receipt.
COUNTY 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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Greg
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
2
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
4
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
5
version: 07/20/18
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road, Suite 325
Charlottesville, Virginia 22902
Parcel ID Number
This deed is exempt from taxation under Vnginia Code § 58.1-811(A) (3) and from the Circuit Court Clerk's fees under
Virginia Code § 17.1-266.
DEED OF EASEMENT
THIS DEED OF EASEMENT, dated this loth day of October 2018, is by and between
(hereinafter, collectively, the
"Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (hereinafter, the "Grantee")
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property")
located in Albemarle County, Virginia, more particularly described as follows:
All that certain lot or parcel of land situated in the County of Albemarle, Virginia, located
on ---------------------- containing __________ square feet, more or less, shown and
outlined in green as "Prop. Perm. Drainage Easement," on plan sheet RW, made by
_______, dated _________ (the "Plat"), a copy of which is attached
hereto and which is recorded simultaneously herewith in State Highway Plat Book Number
_______, Pages __. Reference is made to the Plat for a more particular description
of the location of the described lands.
WHEREAS, the Property is described further as a portion of that certain lot or parcel of land
situated in the _________________ Magisterial District of the County of Albemarle, Virginia,
designated as Parcel ID ___________________, also being the same property conveyed to the
Grantor by deed of -------------------------------------------- recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia in Deed Book _____, Page ____; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the
Easement for public use in accordance with this Deed of Easement; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights,
title and interest in all ditches, pipes and other improvements and appurtenances within the
Easement established for the purpose of conveying stormwater (hereinafter collectively referred to
1
as the "Improvements," whether referring to existing Improvements or those to be established in the
future by the Grantee), excluding building connection lines.
NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), 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 exclusive easement as shown on the Plat and as referred to herein as the
Easement.
FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT,
CONVEY, and DEDICATE to public use the Improvements.
The Easement shall be subject to the following:
1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the
Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain,
repair, change, alter, and replace present or future Improvements (hereinafter referred to as
"inspecting, maintaining and operating" or derivations thereoO for the purposes of collecting
storm water and transmitting it through and across the property, protecting property from
flooding, protecting water quality, and otherwise controlling stormwater runoff.
2. Ownership of the Improvements. All Improvements within the Easement, whether they were
installed by the Grantee or any predecessor in interest, shall be and remain the property of the
Grantee.
3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress
over any lands of the Grantor adjacent to the Easement between any public or private roads and
the Easement, to inspect, maintain and operate the Improvements.
4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement
to inspect, maintain and operate the Improvements.
5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the
right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences,
structures or other obstructions, and take other similar action reasonably necessary to provide
adequate and fully functioning Improvements; provided, however, that the Grantee, at its own
expense, shall restore as nearly as possible, the premises to their original condition. This
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery,
2
the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures
and other facilities located outside of the Easement that were damaged or destroyed by the
Grantee. However, the Grantee shall not be required to repair or replace any structures, trees,
or other facilities located within the Easement, but be required only to repair or replace
groundcover within the Easement that was disturbed, damaged or removed as a result of
installing or maintaining any of the Improvements. In addition, the Grantee shall remove from
the Easement all trash and other debris resulting from the installation, maintenance or operation
of an Improvement, and shall restore the surface thereof to its original condition as nearly as
reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair
or replace anything identified in this paragraph if to do so would be inconsistent with the proper
maintenance or operation of the Improvements. In addition, neither the Grantee nor any other
public agency, including the Virginia Department of Transportation, shall be responsible for
conducting routine maintenance as described in paragraph 6 except as expressly provided in this
paragraph.
6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to
perform routine maintenance of the Easement premises, including the removal of trash and
landscaping debris, mowing and manicuring lawns and groundcovers, and making any other
aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein
conveyed, and which do not adversely affect the proper operation of any Improvement. The
right to maintain the Easement premises does not include the right to maintain the
Improvements.
7. Temporary construction easement. The Grantee shall have a temporary construction easement,
shown and designated on the Plat as "Prop. Temp. Constr. Easement," in order to construct,
install, maintain, repair, change, alter, or replace an Improvement. This temporary construction
easement shall expire upon completion of the work.
8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the
Grantor nor any person acting under the Grantor's express or implied consent shall modify,
alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the
Easement or any Improvement located within the Easement; and further provided that such
persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall
or other structure within the Easement.
3
9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests
may require.
10. 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 respective
successors and assigns. All references to the "Grantee," when exercising any right or obligation
herein, includes the Grantee's officers, employees and agents.
11. [If necessary: Consent of trustees and beneficiary to subordinate lien. By deed of trust dated
and recorded in the Office of the Clerk of the Albemarle
County Circuit Court in Deed Book _____, page _____, the Grantor conveyed the subject
Property to the Trustee, to secure outstanding obligations owed to
_________, Beneficiary. Pursuant to the authorization of the Beneficiary,
as evidenced by its signature hereto, the Trustees join in this deed to subordinate the lien of such
deed of trust to the easements conveyed hereby.]
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.
[SIGNATURES ARE ON THE FOLLOWING PAGE(S)]
11
WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ______________
The foregoing instrument was
201by
My Commission Expires:
Registration No.
acknowledged before
Notary Public
me this day of
, Grantor.
BENEFICIARY:
LE
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ______________
The foregoing instrument was acknowledged before me this ____ day of ------- _--- , 201 _
by---- ----------- -9---------------- on behalf of ---------------------
Beneficiary.
My Commission Expires:
Registration number:
Notary Public
III
TRUSTEE:
----------------------- TRUSTEE
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF -------------------------:
The foregoing instrument was acknowledged before me this ____ day of ------ , 201 _
by ---------------------- Trustee.
Notary Public
My Commission Expires:
Registration number:
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this ____ day of
------ 1 201___ by Jeffrey B. Richardson, County Executive, on behalf of the
County of Albemarle, Virginia, Grantee.
Notary Public
My Commission Expires:
Registration No.
Approved as to form:
County Attorney