Loading...
HomeMy WebLinkAboutSUB201800166 Review Comments Easement Plat 2019-01-12Cameron Langille From: Andy Herrick Sent: Saturday, January 12, 2019 9:36 AM To: Kirk Hughes Subject: RE: Plat Note(corrections made 20190104) Attachments: Drainage-Easement-1-4-2019 (final review).doc; SWM Deed of Dedication and Easement-1-4-2019 (final review).doc Kirk, Thanks for the revised deeds. I had just minor corrections. Let me know if you need anything else. Thanks. Andy Herrick Deputy County Attorney County, of Albemarle (434) 972-4067 Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not it designated recipient you are requested to delete this message immediately and notify me that you have received this b} mistake. Thank vou. From: Kirk Hughes <kirk@khals.net> Sent: Monday, January 7, 2019 11:51 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Plat Note(corrections made 20190104) Andy, I trust the above deeds adequately addresses your concerns Cameron has given tentative approval subject to deeds approval and upon your approval I can circulated the deeds to Mr Crutchfield for executing and back to you for final approval. If you have any questions regarding the above, please do not hesitate to contact me. Thanks for your assistance in reviewing the above. Sincerely, Kirk Kirk Hughes, L.S. Principal lk Kirk Hughes & Associates Land Surveyors & Planners 220 East High Street Charlottesville, VA 22902 (434) 296-6942, Ext.1002 kirk(@khals.net Micro Business Certified SWaM Certification #697836 DISCLAIMER: This communication and any files or attachments transmitted with it may contain information that is confidential, privileged and exempt from disclosure under applicable law. It is intended solely for the use of the individual or the entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any use, dissemination, or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender at once so appropriate action can be taken, and destroy any such copies. APlease consider the environment before printing this email. From: Andy Herrick [maiIto: aherrick@albemarle.org] Sent: Monday, January 07, 2019 10:44 AM To: Kirk Hughes Subject: RE: Plat Note Kirk, The two arrows in the margins are simply to call attention to the edits contained in the body of the text, which might otherwise be missed. As long as those edits are made to the body of the text, the arrows in the margins have no additional meaning. Thanks for checking. Andy Herrick Deputy County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Kirk Hughes <kirk@khals.net> Sent: Monday, January 7, 2019 10:38 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Plat Note Andy, I'm attaching a page from your recent comments and highlighting the 2 edits that I'm not sure what these require. I have made all other corrections except these 2. Thanks in advance for your assistance. Kirk Kirk Hughes, L.S. Principal Kirk Hughes & Associates Land Surveyors & Planners 220 East High Street Charlottesville, VA 22902 (434) 296-6942, Ext.1002 kirk(5khals.net Micro Business Certified SWaM Certification #697836 DISCLAIMER: This communication and any files or attachments transmitted with it may contain information that is confidential, privileged and exempt from disclosure under applicable law. It is intended solely for the use of the individual or the entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any use, dissemination, or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender at once so appropriate action can be taken, and destroy any such copies. APlease consider the environment before printing this email. From: Andy Herrick[mailto:aherrick(cbalbemarle.org] Sent: Monday, January 07, 2019 8:40 AM To: kirk@khals.net Subject: Plat Note Kirk, I understand that you had called our office with a question about a note I had made on a plat. I'm not sure what note or plat you're referring to. Could you scan and e-mail me the note in question? Thanks. Andy Herrick Deputy County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. 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 Formatted: Line spacing: single Code §§ 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT., isfaadedated this 4th day of -January-4, 2019 is by 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 property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New SWMBMP 10' Access Easement Dedicated to Public Use 0.088 Acres" and "New SWMBMP Facility Easement Dedicated to Public Use 0.562 Acres", shown on the plat by Kirk Hughes & Associates, dated August 31, 2018, revised October 10, 2018, entitled "Plat Showing: New SWMBMP Facilities Easement, New SWMBMP 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 Authority, Rio 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 of Albemarle, Virginia, described as Albemarle County Tax Map Parcel 03200-00-00-009CO3 as more particularly described in deeds 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 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 ManagementBMP Facilities Maintenance Agreement" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Version: 07/20/18 Formatted: Indent: Left: 0.25", First line: 0", Line spacing: single 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 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; 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 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. 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. Version: 07/20/18 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. Bindingeffect. 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. Version: 07/20/18 WITNESS the following signatures. GRANTOR: CRUTCHFIELD COPORATION By COMMONWEALTH OF VIRGINIA CITY/COUNTY OF William G. Crutchfield, President The foregoing instrument was acknowledged before me this day of by William G. Crutchfield, President, on behalf of Crutchfield Corporation, Grantor. Notary Public My Commission Expires: Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 07/20/18 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 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 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 03200-00-00-009C0 This deed is exempt from taxation under Virgiaia Code § 58.1-811 (A) (3) and from the Circuit Court Clerk's fees under Virgima Code § 17.1-266. DEED OF EASEMENT THIS DEED OF EASEMENT, dated this 4th day of January-4, 2019, is by and between CRUTCHFIEI-D CORPORATION (hereinafter 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 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 shown and designated as "New Permanent 20' Drainage Easements", on a plat prepared by Kirk Hughes & Associates, dated August 31, 2018, last revised October 10, 2018, entitled "Plat Showing: New SWM/BMP Facilities ; ; Formatted: Font: Baskerviue old Face 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 Authority, 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"). 1 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 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 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 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. K 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, 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. 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 such persons shall not 3 construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 8. Grantee's right 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, 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 S 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)] 4 WITNESS the following signatures. GRANTOR CRUTCHFIEELll COPORATION By: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF --- William G. Crutchfield, Jr., President The foregoing instrument was acknowledged before me this __ day of ---------- 201__ by William G. Crutchfield, Jr., on behalf of Crutchfield Corporation, Grantor. Notary Public My Commission Expires: Registration No. GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: Jeffrey B. Richardson County Executive The foregoing instrument was acknowledged before me this _ day of _____________________, 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