HomeMy WebLinkAboutSUB201800166 Review Comments Easement Plat 2019-01-04County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To:
Kirk Hughes (kirk(a�khals.net)
From:
Cameron Langille, Senior Planner
Division:
Planning
Date:
October 10, 2018
Revision 1: November 6, 2018
Revision 2: January 4, 2019
Subject:
SUB201800166 Crutchfield Corporation Easement Plat
Fax 434-972-4126
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.]
[14-302 (A)(4) and 14-302 (A)(5)] Please state the width of all existing public and private easements in
their labels. Rev. 1: Comment addressed.
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." Rev. 1: Comment addressed.
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. Rev. 1: Comment addressed.
4. 114-302 (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. Rev. 1: Comment addressed.
a. The primary zoning district is LI Light Industry. Rev. 1: Comment addressed.
b. Property is within the AIA Airport Impact Area Overlay District, and the Managed Steep Slopes
Overlay District. Rev. 1: Comment addressed.
c. Property is subject to the proffers of ZMA198500034. Rev. 1: Comment addressed.
d. Property is subject to an approved special use permit SP198500097. Rev. 1: Comment
addressed.
5. [14-302 (B)(1)] Provide a date of last revision to all applicable sheets. Rev. 1: Comment not fully
addressed, please add another date of revision if the temporary construction easement will be added to
the plat. See additional comments later in this letter. Rev. 2: Comment addressed.
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. Rev. 1: Comment addressed.
7. [14-303 (D)] Please state the acreage of the property as a note on Sheet L. Rev. 1: Comment
addressed.
8. [14-303 (E)] Curve lines Cl and C2 are not labeled on the plats. Please identify where these curve line
dimensions apply. Rev. 1: Comment addressed.
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. Rev. 1: Comment not
fully addressed. Please see the attached document with mark-ups from the County Attorney for
needed revisions to this deed. Rev. 2: See attached comments from the County Attorney on
necessary revisions to the draft stormwater facility and access easement deed.
b. Please prepare and submit a draft of the drainage easement deed of dedication. A template is
attached to this comment letter. Rev. 1: Comment not fully addressed. Please see the attached
document with mark-ups from the County Attorney for needed revisions to this deed. Please be
aware that this deed of easement mentions a temporary construction easement that is not shown
on the proposed plat. If this is a new easement that needs to be created, please show it on the
plat. Otherwise, remove this declaration from the deed of easement as suggested by the County
Attorney. Rev. 2: Please see the attached comments from the County Attorney on
necessary revisions to the draft drainage easement deed of dedication.
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 — Andy Herrick, aherrick(c-r�,albamrle.org , Requested Changes, see attached.
Albemarle County Engineering Services - Matt Wentland, mwentland&albemarle.org, Requested Changes:
1. The Deeds of Dedication will need to be reviewed and approved by the County Attorney's Office and
recorded along with the plat.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
N
Phone 434 296-5832 Fax (434) 972-4126
Date: December 18, 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: 12/17/2018
Dear Mr. Herrick:
The applicant has prepared and submitted a revised Deed of Easement for a proposed stormwater
facilities easement and a revised Deed of Easement stormwater access easement to be dedicated to
public use for the associated subdivision plat. The application also includes a deed of easement for a
new 20' drainage easement to be dedicated to Albemarle County for public use. The County Attorney's
office reviewed this application and these deeds in November and issued comments for revisions. A
copy of the revised plat is enclosed, and the revised deeds of easement 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,
'W s
Cameron Langille
Senior Planner
Ext. 3432
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
This deed is exempt from taxation under Virginia Code § § 58.1-811(A)(3) and from Clerk's fees under Virginia
Code §§ 17.1-266.
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT is made this 1 st day of December, 2018 and between
CRUTCHFIELD CORPORATION, Grantor, and the COUNTY OF ALBEMARLE,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of certain real prope (hereinafter the "Property")
located in Albemarle County, Virginia, more particularly described as follows:
That certain real property shown and designated as "New SWM/BMP 10' Access Easement
.� Dedicated to Public Use 0.088 Acres" and "New SWM/BMP Facility Easement Dedicated to
Public Use 0.562 Acres", shown on the plat^ irk Hughes & Associates, dated August 31, 2018,
revised October 10, 2018, entitled "Plat Showing: New SWM/BMP Facilities Easement, New
SWM/BMP 10' Access Easement, & New Permanent 20'Drainage Easement to be Dedicated to
Public Use and New 20' Water Line Easement to be Dedicated to the Albemarle County Service
Authori Ao Magisterial District, County of Albemarle, Virginia" a copy of which is attached
to the Deed of Easement recorded prior to this document (hereinafter the "Easement").
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 ofAlbemarle Vir a, desGn ed as Albemarle
aS.Znorc ppA �cu�Ar�lyy �Cr��e In ded4s
County Tax Map Parcel 03200-00-00-009CO3 as � recorded the Clerk's Office of the Chti t Court
of Albemarle County, Virginia in Deed Book 814, page 350, Deed Book 863, page 001 and Deed
Book 1944, page 541, hereinafter called the "Property"; and
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Stormwater Management/BMP Facilities Maintenance
version: 07/20/18
Agreement'' (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed
Book 3008, page 105, 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
(the Maintenance Agreement also provides in parfithat, in the event the Grantor, its successors and
assigns, fails to maintain the stormwater management/BW 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; and
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
GF,NF.RAL WARRANTY and ENGLISH COVI;NANI'S 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. 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.
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vergion: mr20n8
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
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(s) may be adjusted accordingly if the
County Engineer certifies 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.
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WITNESS the following signatures.
GRANTOR:
CRUTCHFIELD COPORATION
Cruicwl
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF "
The foregoing inst umet was acknowledged before me this day of
by v
Notary Public
My Commission Expires:
Registration number:_
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.
Notary Public
My Commission Expires:
Registration number:
Approved as to Form:
County Attorney Date
Venion: 0720/18
Plus document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road, Suite 325
Charlottesville, Virginia 22902
Parcel ID Number 03200-00-00-009CO
This deed is exempt from taxation under Vrrxirria Code § 58.1-811(A) (3) and from the Circuit Court Clerk's fees
under Virginia Code S 17.1-266.
DEED OF EASEMENT
THIS DEED OF EASEMENT, dated this 1st day of December 2018, is by and between
CRUTCHFIELD CORPORATION (hereinafter the "Grantor"), and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter,
the "Grantee") .
WITNFSSETH:
WHEREAS, the Grantor is the owner of certain real property situated in the Rio Magisterial
District of the County of Albemarle, Virginia, designated as Parcel ID 03200-00-00-009CO3 also
being the same properties conveyed to the Grantor by deed of W. Alan Smith Jr., Trustee,
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
814, page 350, and by deed of Charlottesville -Albemarle Airport Authority in Deed Book 863,
page 001 and Deed Book 1944, page .541 (hereinafter the "Property");
WHEREAS, it is desire and intent of the Grantor to dedicate, grant and convey for public use
certain Drainage Easements on a portion of the Property a�, shown and designated as "New
Permanent 20' Drainage Easements", slio on a plat prepared by Kirk Fluglies & Associates,
dated August 31, 2018, last revised October 10, 2018, entitled "Plat Showing: New SWM/BMP
Facilities Easement, New SWMIBMP 10' Access Easement, & New Permanent 20'Drainage
Easement to be Dedicated to Public Use and New 20' Water Line Easement to be Dedicated to
the Albemarle County Service Authorit ", Rio Magisterial District, County of Albemarle,
Virginia" a copy of which is attached hereto to be recorded with the Deed of Easement
(hereinafter the "Easement" and the Plat").
WHEREAS, it is the desire and intent of die 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 storrnwater (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 'ITN 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 die 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. it _toconstruct, reconstrucL install, maintain, repair, change, alter and _replace the
Im rovements. The Grantee shall have die 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 property, protecting property from
flooding, protecting water quality, and otherwise controlling storrnwater runoff.
2. Ownership of tfie 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. Xght of.i. esn rsss 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 die Easement, to inspect, maintain and operate the Improvements.
4. ' it to inspect. maintain and o erate the Im rovements. The Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
V%
5. Right of Grantee to disturb and maintain the Easement iprernises. 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. Thus
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 thhe 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 thhe 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 frorn 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 thhe Virginia Department of
Transportation, shall be responsible for conducting routine maintenance as described in
paragraph 6 except as expressly provided in this paragraph.
6. RiMht 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, snowing 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
riglht to maintain the Easement premises does not include tlhe right to maintain die
Improvements.
7. Exclusivity; restrictions. The Easement conveyed herein is an exclusive casement. 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 such persons shall not
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construct or maintain any roadway, or erect any building, fence, retaining wall or other
structure within the Easement.
S. Grantee's rig! to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
9. 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, die 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 tie Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance
of this property pursuant to Yir�a Code S 15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
[SIGNATURES ARE ONTHE FOLLOWING PAGES}J
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WITNESS the following signatures.
GRANTOR CRUTCHFIELD COPORATION
By: —� f reside0-
William G. Crutchfield, Jr.)� EO
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was ackn vledged before me this __ day of
— _--�—, 201_ by ol-of r on Grantor.
Or bel AK of
My Commission Expires:
Registration No.
Notary Public
Pres IderrF
5
GRANTEE: COUNTY OF ALBE,MARI E, VIRGINIA
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CTI'Y OF CH ARLOTTESVILLE:
The foregoing instrument was acknowledged before me this _. _ day of
201_ byJetrrey B. Richardson, County Executive, on behalf of the
County of Albemarle, Virginia, Grantee.
My Commission Expires:
Registration No.
Approved as to form:
County Attorney
- ----Notary ..Public
J._� _.__.�....�.�
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