HomeMy WebLinkAboutSUB201800187 Easements 2018-12-13 (4)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, 04600-00-00-0019A, 04600-00-00-019B1,
04600-00-00-019133, 04600-00-00-019134 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 13i� 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, 04600-00-00-019BI,
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
Version: 5/10/13
"Haugh Parcel") (together, the Crockett Parcels, the Trustee Parcel and the Haugh Parcel shall be
referred to herein as the "Property"); and
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, 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 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 46-19B3 REVISED and
TMP 46-19B4 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
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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:
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 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. Ownership of the Im rovements. 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 efress. 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. Ri ht 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, 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
Version: 5/10/13
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 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. Tempom 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. 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.
9. Grantee's right to assian. The Grantee shall have the right to assign this Easement as its
interests may require.
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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.
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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Version: 5/10/13
WITNESS the following signatures.
GRANTOR:
CROCKETT CORPORATION,
a Virginia corporation
By: L
9,
Name: n10 , 14
Title: P92�51 fib+ i
COMMONWEALTH OF VIRGINIA
Q+Y/COUNTY OF _ f_MA&W_ , TO -WIT:
_air Dayton HwO
I,;NJOT-a"Ry7.2_ r, , a Notary Public, in and for the
aforesaid jurisd ction,'do hereb certify that NeJ , whose name is signed
to the foregoing Agreement as B i OF.Lil 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.
,,mgf,e_
GIVEN under my hand this U 4-- day of 2018.
YT-1
Notary Public
`1`jGH1 f!!l �rfi
[Affix Seal or Stamp] e�.• �.►`., ;
My commission expires: _ -3 I -�'9% sw .6 �:`icy'
All
Registration Number: C ( a o
n 10
SIGNATURES CONTINUE ON THE FOLLOWING PAGE �'•y
G1
Version: 5110/13
GRANTOR:
(SEAL)
CHARLES R. HAUGH, I ivi ally and
As Co -Trustee of the Ernes J.
Oglesby Trust u/a dated October 21, 1970 and the
Testamentary Trust of Lucy Elizabeth Berger
Oglesby, a/k/a Elizabeth B. Oglesby
&4 t Ct&wi SEAL)
E IZABETH ANN O LES Y HA H
COMMONWEALTH OF VIRGINIA
-CEIW/COUNTY OF �z�ri�,��s- , TO -WIT:
tair Dayton H.tjjvh
I, NOTARY ?1J3L!1k.01 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.
GIVEN under my hand this day of Ij , 2018.
Notary Publicsiiir�
[Affix Seal or Stamp]►`� ''�
My commission expires: $ .3ti Zv 20 = ��• ,�+��'
Registration Number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE ++, coMMo�;;�'��`
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%1
Version: 5/10/13
GRANTOR:
(SEAL)
DOUGLAS B. 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
CITY/COUNTY OFF e fir(. , TO -WIT:
' a Notary Public, in and for the aforesaid
jurisdiction, do her y certify that Douglas B. 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, whose name is signed to the foregoing Agreement, has acknowledged the same before me in
the jurisdiction aforesaid. Such person is known tome or has produced his state issued driver's license
as identification.
GIVEN under ,+ =� a �'• my hand this day of& V , 2018.
=Y o Public L
%
[Affix Seal or Stamp]
My commission expires: ►Lt ,,2y,2p
Registration Number: AI
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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Version: 5/10/I3
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
FALBEMARLE, VIRGINIA
1
County Executive
The foregoing instrument was acknowledged before me this 0+—k day of -Dea-nibe.;
a� 1$ by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
My Commission Expires: Q 31 ao I q
Registration number: 1 i .5 3-{ b ,a,
Approved as to form:
Co rn
37622331_1
�Ntary Public
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION # 7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31, 2018
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Version; 5/10/13