HomeMy WebLinkAboutSUB201800187 Plat - Other (not approved) 2018-12-13This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number 04600-00-00-00180, 04600-00-00-0018A, 04600-00-00-0019A, 04600-00-00-019B1,
04600-00-00-019B3, and 04600-00-00-019B4
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT is made this — day of November, 2018 by and between
CROCKETT CORPORATION, a Virginia corporation ("Crockett,,), CHARLES R. HAUGH
and DOUGLAS B. OGLESBY TRUSTEES Co -Trustees of the Ernest J. Oglesby Trust u/a
dated October 21, 1970, and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a
Elizabeth B. Oglesby ("Trustees") and CHARLES R. HAUGH and ELIZABETH ANN
OGLESBY HAUGH, husband and wife ("Haugh"), (each a "Grantor" for indexingpurposes,
Pm'p ,
and collectively referred to herein as "Grantor"), Grantor, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.
WITNESS:
WHEREAS, Crockett is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Numbers 04600-00-00-0019A, 04600-00-00-019B1,
04600-00-00-019B3, and 04600-00-00-019B4 (the "Crockett Parcels"), each as shown on the
plat entitled "Comprehensive Easement Plat for Brookhill Blocks 1-8, Rivanna District,
Albemarle County, VA" prepared by Roudabush, Gale & Associates, Inc. dated October 2, 2018
and recorded prior hereto and incorporated herein (the "Plat"); and
WHEREAS, Trustee is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Number 04600-00-00-00180, as shown on the Plat (the
"Trustee Parcel"); and
WHEREAS, Haugh is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Number 04600-00-00-0018A, as shown on the Plat (the
"Haugh Parcel") (together, the Crockett Parcels, the Trustee Parcel and the Haugh Parcel shall be
referred to herein as the "Property"); and
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WHEREAS, as described above, the Grantor collectively owns that certain real property
(hereinafter the "Property") located in Albemarle County, Virginia, more particularly described
as follows:
That certain real property shown and designated as "S WM FACILITY EASEMENT",
"VARIABLE WIDTH PUBLIC S WM FACILITY EASEMENT" and "25' PUBLIC
SWM FACILITY EASEMENT" to be dedicated to public use, shown on the plat of
Roudabush, Gale & Associates, Inc., dated October 2, 2018, entitled "Comprehensive
Easement Plat for Brookhill Blocks 1-8, Rivanna District, Albemarle County, VA", 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 Rivanna Magisterial District of the County of Albemarle, Virginia, described as
Albemarle County Tax Map Parcel 04600-00-00-00180, 04600-00-00-0018A, 04600-00-00-
00 1 9A, 04600-00-00-019B1, 04600-00-00-019B3, and 04600-00-00-019134, as recorded in the
CIerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5107, page
148; 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 5110, page 289, in which Crockett, as 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
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.
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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 in ess and egless. The Grantee and its authorized agents and employees shall
have the right and easement of ingress and egress over the Property and any lands of the Grantor
adjacent thereto between any public or private roads and the Easement to perform all acts to
which the parties have agreed it may perform under the Maintenance Agreement.
2. Ownership 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/
BMP facilities subject to the Maintenance Agreement.
3. No obligation on Grantee to ins ect 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
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
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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.
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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 Number 04600-00-00-00180, 04600-00-00-0018A, 04600-00-00-00 1 9A, 04600-00-00-019B 1,
04600-00-00-019B3, 04600-00-00-019B4 and 04600-00-00-0018C
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this — day of November,
2018 by and between CROCKETT CORPORATION, a Virginia corporation ("Crockett"),
CHARLES R. HAUGH and DOUGLAS B. OGLESBY TRUSTEES Co -Trustees of the
Ernest J. Oglesby Trust u/a dated October 21, 1970, and the Testamentary Trust of Lucy
Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby ("Trustees") and CHARLES R. HAUGH
and ELIZABETH ANN OGLESBY HAUGH, husband and wife ("Haugh"), (each a "Grantor"
for indexing purposes, and collectively referred to herein as "Grantor"), Grantor, and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee.
WITNESS:
WHEREAS, Crockett is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Numbers 04600-00-00-0019A, 04600-00-00-019B1,
04600-00-00-019B3, and 04600-00-00-019B4 (the "Crockett Parcels"), each as shown on the
plat entitled "Comprehensive Easement PIat for Brookhill Blocks 1-8, Rivanna District,
Albemarle County, VA" prepared by Roudabush, Gale & Associates, Inc. dated October 2, 2018
and recorded prior hereto and incorporated herein (the "Plat"); and
WHEREAS, Trustee is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Number 04600-00-00-00180, as shown on the Plat (the
"Trustee Parcel"); and
WHEREAS, Haugh is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Number 04600-00-00-0018A, as shown on the Plat (the
"Haugh Parcel") (together, the Crockett Parcels, the Trustee Parcel and the Haugh Parcel shall be
referred to herein as the "Property"); and
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WHEREAS, as described above, the Grantor collectively owns that certain real property
(hereinafter the "Property") located in Albemarle County, Virginia, more particularly described
as follows:
That certain real property shown and designated as "VARIABLE WIDTH PUBLIC
STORM DRAIN EASEMENT" and "25' PUBLIC STORM DRAIN EASEMENT" to be
dedicated to public use, shown on the plat of Roudabush, Gale & Associates, Inc., dated
October 2, 2018, entitled "Comprehensive Easement Plat for BrookhilI Blocks 1-8,
Rivanna District, Albemarle County, VA", 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 those certain parcels of land
situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, designated as
"TMP 46-19B1 REVISED (PARCEL 4A REVISED), TMP 46-19A REVISED (PARCEL 8A
REVISED), TMP 46-18 EXISTING, TMP 46-18A EXISTING, TMP 46-19133 REVISED and
TMP 46-19134 RESIDUE" on a plat by Roudabush, Gale & Associates, Inc., dated April 27,
2018, last revised October 1, 2018 and recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 5107, page 148 (the "Subdivision"), also being the
same property conveyed to the Grantor by deeds dated (i) December 1, 1981, recorded in said
Clerk's Office in Deed Book 731, page 690, and (ii) August 2, 1993, recorded in said Clerk's
Office in Deed Book 1333, page 450; 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 Dedication and 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 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 ($10.00), 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
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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:
I . Riaht to construct reconstruct installmaintain repair, thane alter and replace the
Im rovements. 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 thereof) for the purposes of collecting storm water and
transmitting it through and across the Subdivision, protecting property from flooding, protecting
water quality, and otherwise controlling stormwater runoff.
2. 91mmership 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 Im rovements. The Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
5. Ri ght of Grantee to disturb and maintain the Easement remises. 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, 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
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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 she not be required to repair or
replace anything identified in this section 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 Section 6 except as expressly provided in this
section.
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. emporn construction easement. The Grantee shall have a temporary construction
easement on the lot on which the Easement is located 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. Exclusivi , • 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.
9. Grantee's rig ht 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
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respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents.
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.
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This document prepared by and
after recording return to:
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
Albemarle County Tax Map Parcel Numbers: 04600-00-o0-00180, 04600-00-00-0018A, 04600-00-00-0019A,
04600-00-00-019B1, 04600-00-00-019133 and 04600-00-00-019B4
DECLARATION OF LANDSCAPE EASEMENT
THIS DECLARATION OF LANDSCAPE EASEMENT (this "Declaration") is made as of
, 2018, by CROCKETT CORPORATION, a Virginia
corporation ("Crockett, ), CHARLES R. HAUGH and DOUGLAS B. OGLESBY
TRUSTEES Co -Trustees of the Ernest J. Oglesby Trust u/a dated October 21, 1970, and the
Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby ("Trustees"),CHARLES R. HAUGH and ELIZABETH ANN OGLESBY HAUGH, husband and wife
("Haugh"), and BROOKHILL TOWN CENTER, LLC, a Virginia limited liability company
("Brookhill") (collectively, "Declarant"), each to be indexed as Grantor and Grantee.
WITNESSETH:
WHEREAS, Crockett is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Numbers 04600-00-00-0019A, 04600-00-00-019B1,
04600-00-00-019B3, and 04600-00-00-019B4 (the "Crockett Parcels"), each as shown on e
thor Brookhill Blocks 1-8, Rivanna District,
Plat entitled "Comprehensive Easement Plat f
Albemarle County, VA" prepared by Roudabush, Gale & Associates, Inc. dated October 2, 2018
and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the
"Clerk's Office") in Deed Book �, page y and incorporated herein (the "Plat"); and
WHEREAS, Trustee is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Number 04600-00-00-00180, as shown on the Plat (the
"Trustee Parcel"); and
WHEREAS, Haugh is the owner of the real property shown on the current tax maps of
Albemarle County as Tax Map Parcel Number 04600-00-00-0018A, as shown on the Plat (the
"Haugh Parcel") (together, the Crockett Parcels, the Trustee Parcel and the Haugh Parcel shall be
referred to herein as the "Property"); and
WHEREAS, Brookhill and its affiliates are contract purchasers of the Property and have
obtained approval to develop a mixed -use neighborhood -model development in Albemarle
County on the Property (the "Project") which is subject to a Code of Development in accordance
with the proffers as part of ZMA201500007 (the "Code of Development"); and
WHEREAS, the Code of Development requires that a thirty (30) foot wide landscape
buffer along Polo Grounds Road on the southern boundary of the Project, and a one hundred
(100) foot wide Iandscape buffer along U.S. 29 on the western boundary of the Project, is
established and maintained by the homeowners or property owner's association to be formed by
Brookhill (the "Association"); and
WHEREAS, Declarant desires to establish, declare and grant for the benefit of the Project
a 30' Private Landscape Buffer Easement and a 100' Private Landscape Buffer Easement, each
on a portion of the Property, and each as more particularly shown on the Plat recorded prior
hereto, on the terms and conditions contained herein; and
WHEREAS, the owner of the Crockett Parcels, the Trustee Parcel, and the Haugh Parcel,
or any portion thereof, and each of their respective successors and assigns, shall be individually
referred to herein as "Owner" and collectively referred to herein as the "Owners."
DECLARATION OF EASEMENT
NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises and the
covenants and agreements hereinafter set forth, Declarant hereby covenants, agrees and declares
that the Property shall be held, sold and conveyed subject to the following:
1. Landscape Easement.
1.1 Declarant hereby declares, grants and conveys to the Owner of the
Crockett Parcels, the Trustee Parcel and the Haugh Parcel, (i) that certain "30' PRIVATE
LANDSCAPE BUFFER EASEMENT" as identified on the Plat (the "Polo Grounds Buffer
Easement") on, through, over, under and across a thirty foot (30') wide strip of land along the
southernmost boundary of the Property which fronts on Polo Grounds Road, and (ii) that certain
"100' PRIVATE LANDSCAPE BUFFER EASEMENT" as identified on the Plat (the "US 29
Buffer Easement") on, through, over, under and across a one hundred foot (100') wide strip of
land along the westernmost boundary of the Property which fronts on US 29 (together, the
"Landscape Buffer Easement Area").
1.2 The Polo Grounds Buffer Easement and the US 29 Buffer Easement shall
be used by the Owners of the Property for the installation, maintenance, repair and replacement
of plantings, vegetation, groundcover, underbrush and other customary landscape features
necessary for the orderly development and operation of the Project, as approved by the County
and in accordance with the Code of Development and any future declaration or restrictions
affecting the Project.
1.3 The Declarant shall be responsible for maintaining, at its expense, the
Landscape Buffer Easement Area in a good state of repair and in accordance with all applicable
ordinances, including the Code of Development, until such time as the Owners dedicate and
convey the Polo Grounds Buffer Easement and the US 29 Buffer Easement to the Association.
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To the extent that any landscaping within the Landscape Buffer Easement Area is disturbed
during the installation and/or replacement of permitted plants, vegetation, underbrush and other
landscaping features and improvements, such disturbed areas shall be promptly restored at the
sole expense of the Declarant or the Association, as applicable, upon completion of such work.
2. Dedication. The provisions of this Declaration are not intended to and do not
constitute a dedication for public use, and the Polo Grounds Buffer Easement and the US 29
Buffer Easement and related rights and benefits created under this Declaration are private and
solely for the benefit of the parties hereto.
3. Further Assurances. Declarant and Owners shall, from time to time, execute and
deliver such documents and instruments of further confirmation and assurance, in recordable
form, as may be reasonably requested by the other party to perfect, complete and confirm the
Declaration.
rights, conditions, covenants, obligations and agreement created under or contained in this
4. Waivers. No delay or omission by any party hereto in the exercise of any right or
Power accruing upon any noncompliance or default by any party with respect to any of the terms
of this Declaration shall impair any such right or power or be construed to be a waiver thereof,
except as otherwise may be herein provided. Any waiver by either party of any covenant,
condition or agreement to be performed by the other party must be in writing and otherwise shall
not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or
agreement herein contained.
5. Controlling Law. This Declaration shall be construed, performed and enforced in
accordance with the laws of the Commonwealth of Virginia.
6. Successors. This Declaration shall be binding upon Declarant and Owners
together with their respective successors and assigns.
7. Headings. Any captions or headings preceding the text of separate sections or
Paragraphs hereof are solely for reference purposes and shall not affect the meaning,
construction, interpretation or effect of the text.
8. Modifications. This Declaration shall not be modified or amended except by an
instrument duly executed by Declarant and Owners, which instrument shall be recorded in the
land records of Albemarle County, Virginia.
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