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Home My WebLink AboutSUB201800187 Easements 2018-12-13 (6)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, 04600-00-00-001SA, 04600-00-00-0019A, 04600-00-00-019B 1, 04600-00-00-019133, 04600-00-00-019B4 and 04600-00-00-018CO This deed is exempt from taxation under Virginia Code §§ 58.1-81 l(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this PiTL day of December, 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, 04600-00-00-019B4 and 04600-00-00-018CO (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, last revised November 16, 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 1 Version: 07/20/18 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 "SWM FACILITY EASEMENT", "VARIABLE WIDTH PUBLIC SWM 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, last revised November 16, 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 fixrther as a portion of that certain lot or parcel of land identified as "TMP 4618A EXISTING", "TMP 46-18 EXISTING", "TMP 46-19A REVISED", "TMP 46-19BI REVISED", "TMP 46-19133 REVISED" and "TMP 46-19134 RESIDUE" on the plat of Roudabush, Gale & Associates, Inc., dated October 1, 2018, entitled "Plat showing Brookhill Block 4 Boundary Line Adjustment of TMP's 46-19131, 46-19133 and 46-19A Rivanna District, Albemarle County, VA", a copy of which is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5107, page 148; and WHEREAS, Crockett 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 "Crockett 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, Trustees 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 "Trustees Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 5110, page 279, in which Trustees, as Grantor, have agreed to construct and maintain on -site stormwater management/BMP facilities; and WHEREAS, Haugh 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 "Haugh Maintenance Agreement")(together, the Crockett Maintenance Agreement, the Trustees Maintenance Agreement and the Haugh 2 Version: 07/20/18 Maintenance Agreement shall be referred to hereinafter as the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 5012, page 588, in which Haugh, 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. 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 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. Ownershi 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 Version: 09/20/18 3. No obliization 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 ri t 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 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. 4 Version: 07/20/18 WITNESS the following signatures. GRANTOR: CROCKETT CORPORATION, a Virginia corporation By: lA,41 Q.-aft Name: D . 440o'K Title: N kA i)&,+ i` COMMONWEALTH OF VIRGINIA XXPHCOUNTY OF �)X2c..0 , TO -WIT: Lair Dayton Hsogh I,MOTIQUr% , a Notary Public, in and for the aforesaid jurisdiction, o ere certify that 0%n ®, 1 lit` C:_ , whose name is signed to the foregoing Agreement as P%1>1 of Crockett Corporation has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. GIVEN under my hand this day of �2 � 018. My commission expires Notary Public [Affix Seal or Stamp] I - 31 - Zo e Registration Number: pl & SIGNATURES CONTINUE ON THE FOLLOWING PAGE v�•$ 4W Version; 07/20/18 GRANTOR: (SEAL) CHARLES R. HAUG l divi wally and As Co -Trustee of the est J. Oglesby Trust u/a dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby SEAL) EUEARETH ANN OGLIESBt HA H COMMONWEALTH OF VIRGINIA EIT-Y/COUNTY OF tMf41L4_ , TO -WIT: Lair Dayton Halj�h I, n a Notary Public, in and for the aforesaid jurisdiction, do'- hereby certify that Charles R. Haugh, individually and as Co -Trustee 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, and Elizabeth Ann Oglesby Haugh, each of whose name is signed to the foregoing Agreement, has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. A+`�$E� GIVEN under my hand this � day of , 2018. Notary Public [Affix Seal or Stamp] My commission expires: <9--3( —Zozc) Registration Number: 10 ! 9& I SIGNATURES CONTINUE ON THE FOLLOWING PAGE 6 Version: 07/2011 S GRANTOR: �I_R` (SEAL) D GLAS . OGLESBY, As Co -Trustee 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 Uls+d i C.-Cp CSC {u nLL, Cq CITY/COUNTY OF f%',c4= ('c I . , TO -WIT: I, M& . jurisdiction, do hd for the aforesaid ere certify�M�=' B. Oglesby, as Co -Trustee of the Ernest otary Public, in an Oglesby Trust u/a dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby, whose name is signed to the foregoing Agreement, has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license identification. �.. C 04 V i�N under m hand this y day of tiou. , 2018. 's s 4 ary Publl • '~ t Affix Seal or Stamp] My commission expires: /v Registration Number: A SIGNATURES CONTINUE ON THE FOLLOWING PAGE 7 Version: 07/20/18 GRANTEE: [NIA COMMONWEAL OF VIRGINIA CITY/GG14?4TY 0�g. j o4e�5V s l l The foregoing instrument was acknowledged before me this day of 'Ddc�,rrl' t� I % by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia, Grantee. My Commission Expires: a N public • 31 a-d i 5 Registration number: -j��a CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION # 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES Approved as to Form: OCTOBER 31, 2019 Co; orn y Da e 375147361 Version: 07/20/18