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Home My WebLink AboutWPO201800019 Easements WPO VSMP 2018-07-25Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [7/24/2018 A o Instrument Type: [DE -PL X R P E Number of Parcels [ 1 ] X Number of Pages [ 81 RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG r^� s`I�K DF CIRCUIT O� u.BL FILED Aug 02, 2018 AT 09:08 am BOOK 05079 START PAGE 0379 END PAGE 0388 INST # 201800008650 TOTAL NUM PAGES 0010 MEB E M City❑County 0 (Box for Deed Stamp Only) [Albemarle County ] P First and Second Grantors Last Name L First Name Middle Name or Initial Suffix -n �j F [Riverrun Property Owner] [ ] [ ] [ ] ❑ ❑ [ ][ ][ ][ 7 I First and Second Grantees Last Name I First Name Middle Name or Initial Suffix ®❑ [County of Albemarle, Vir ] [ ] [ ] [ ] Grantee Address (Name) [County of Albemarle, Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ j (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [10.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ Countyx❑ [Albemarle County ] Percent. in this Juris. [ 100] Book [2663 ] Page [516 ] Instr. No [200300032011 ] Parcel Identification No (PIN) [062D1-02-00-00100 ] Tax Map Num. (if different than PIN) [62D1-2-1 ] Short Property Description [Permanent Draingage Maintenance Easement, TMP -62D1-2-1 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County Attorney [Albemarle County Attorney's Office [Albemarle County Attorney's Office [401 McIntire Road [Rm. 325 [Charlottesville I ][ ] [VA ] [22902 ][ This document was prepared by: Albemarle Cottuly Aaorne�, County of Albemarle bol Alchitire Road, Suile 325 Charlottesville, Virginia 22902 Parcel ID 062D 1-02-00-00100 This deed is exempt from GLxation under Vi�giuia Code :i8.1 811(.0(3) and from the Circuit Court Clerk's tees under I Lode § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this 7-1 day of 20_1_K_ by and between RIVERRUN PROPERTY OWNERS ASS C&TION, INC., a Virginia non -stock corporation, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of [lie Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property (hereinafter [lie "Property") located in Albemarle County, Virginia, more particularly described as tollows: That certain real property sho«ii and designated as "Variable Width Permanent Drainage Maintenance Easement," shown on the plat of Lincoln Surveying, dated April 27, 2018 and revised June 4, 2018, entitled "Plat Showing a New Variable Width Permanent Drainage Maintenance Easement on a Portion of Txx Map Parcel 62D1-2-1, Located oft'Exton Court, Albemarle County, Virgmila," it coAy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat"). Reference is made to the Plat for it more particular description of the casement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the Rio Magisterial District of [he County of Albemarle, Virginia, designated as it Common Arca of Riverrun subdivision on that certain plat of Glocckner R Osborne, Inc., dated May 20, 1992, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1246, pages 365-382, as rcNT1sed by that certain plat of Glocckner Engineering\Surveying, Inc., dated,June 10, 1997, and recorded in said Clerk's Office in Deed Book 1639, pages 92-111, also being the same property conveyed to the Grantor herein by deed of Gercke Development Company, Inc., recorded in said Clerk's Office in Deed Book 2663, pages 516-519; and NVIIE11EAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance mth this Deed of Dedication and Easement; and 1 WHEREAS, it is the desire and intent of the Grantor to dedicate, rant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances 'mthin 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 ill 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 ShoInl 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, recotlstrurt, install, maintain. repair, rllangt tltcr and replace tine Imm-oyements. 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 thercol) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting properly from flooding, protecting water duality, and otherwise controlling stormwater runoff. 2. 0w ienihip of the Iniprowinctlts. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of lie 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 ins1wo, maitrtain and operate the improvcments. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and lnaintain the )hxlwment prenllscs. 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 2 adequate and Bully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, [lie premises to their original condition. This restoration shall include the backfilling of trenches, the replacement offences and shrubbery, the reseeding or resodding of laivtus 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 Lnproyement, and shall restore the surface thereof to its origginal condition as nearly as reasonably possible. Nom ithstanding 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 flue proper maintenance or operation of [lie Improvements. In addition, neither the Grantee nor any other public agency, including [lie 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 ol. Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including [he removal of trash and landscaping debris, molving and manicuring lanais 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 adversch, affect the proper operation of any Improvemenl. The right to maintain the Easement premises does not include [he right to maintain the Improvements. 7. Ternporai-y construction C ascincnl. The Grantee shall have a lemporaui, constriction easement on the lot on which (lie Easement is located in order to cons(ruct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Excitisivii)-: 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 -vilthin the Easement or any ILnprovement located within the Easement; and f irther provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure 3 Within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Bindingt.f l'cct. 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 Count}, of Albemarle, Virginia, accepts the conveyance of this property pursuant to 1,114 -mid Cock § 15.2-1803, as evidenced by the Count}, Executive's signature hereto and the recordation of this Deed. WITNESS the tollowing signatures. M GRANTOR: RIVERRUN PROPERTY OWNERS ASSOCIATION, INC. By Patrick Wood, President COMMONWEALTH OFATHIGINIA CITY/COUNTY 01 aL"AAL --) The foregoing instrument was acknoivled�,ed before me this 7 d &L%' )f/L4 W/9 by Patrick Wood, President on behalf of Riverrun Property OWTic-i's Assocuttioll&(., Graillor. Z'�� My Commission Expires: N�ou .- Public Registrallon iiuiiil)cr:—;?:k / %,%% "Is%lgill, 0 %-% L Er$ ................ V NOT PuB C ARy U REG. #7618901 U) My COMMISSION.' EXPIRES 121 04, ;V . .. ...... Tlilt dAisliII19% GRANTEE: COUNTY OF ALBEMARI.E, VIRGINIA By Vli-eveB. I ichardson, County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this Z day of _ by Jeffrey B. Richardson, County Executive, on behalf of the County of Albut m -1c, irginia, Grantee. � 2/31 olatlr Public — My Commission Expires:` 111 ..,Alt HrrlIArr ryrrr•h Registration number: �1..��NA L � Approved as to form: t ti ; PUBLIC = -+ �+rG w seal '. Ln w MY COMMISSION ; a 0 t2131I2aS8 g — -- — ----- �• 1 11l 13r ' ' C 111 L' Attt7lzsr►' �Nr'I'EALTfA •�� •`''y`y C PLAT SHOWING A NEW VARIABLE WIDTH PERMANENT DRAINAGE MAINTENANCE EASEMENT ON A PORTION OF TAX MAP PARCEL 62D1-2-1 LOCATED OFF EXTON COURT ALBEMARLE COUNTY, VIRGINIA TITLE REFERENCES: ATMP 62D1-2-1 RIVERRUN PROPERTY OWNERS ASSOCIATION, INC 182 SPOTNAP RD STE Al CHARLOTTESVILLE VA, 22911-8661 VICINITY MAP 1" = 2000' RAN APRIL 27, 2018 REVISED: JUNE 4, 2018 D.B. 2663 P. 516 SHEET 1 OF 2 D -B. 1639 P. 92 PLAT D.B. 1445 P. 422 PLAT D.B. 1246 P. 365 PLAT u D.B. 1639 P. 88 SDCR D.B. 1246 P. 361 SDCRD.B. 790 P. 725 SDCR D.B. 753 P. 715 DCR OWNER'S APPROVAL: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, NEW VARIABLE WIDTH PERMANENT MAINTENANCE EASEMENT ON A PORTION OF TAX MAP PARCEL 62D1-2-1 LOCATED OFF EXTON COURT ALBEMARLE COUNTY, VIRGINIA, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. I HEREBY CERTIFY THAT THIS EASEMENT PLAT, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS. I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY, COUNTY APPROVAL: THE EASEMENT PORTION OF THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X (UNSHADED) AREA OF MINIMAL FLOOD HAZARD AS SHOWN ON MAPS BY THE FEDERAL RIVE RUN PROPERTY DATE ,r,,,,, EMERGENCY MANAGEMENT AGENCY, OWNERS ASSOCI TIDN INC .��`'., DATED: FEBRUARY 4, 2005 : NOTARY NOTARY PUBLIC; Y� "LIC gOt .': (p #70STATE OF i� j, _� .REG. CITY/COUNTY OF .V7�I''L - MfSS1 $2Di-2-1 IS WITHIN UPPER RIVANNA RIVER 's My COM �$ 0'. ExpmES WATtEf SHED AND NOT AN AGRICULTURAL—FOREST THE FOREGOING WAS ACKNOWLED =off ,.. 1213i0A8D; tWT. BEF E ME THI AY OF ' 20 BY •+�''•,,��'PgLTH'0911p 62D1-2-1 IS ZONED: R6 ATMP 62D1-2-1 IS IN THE RIO DISTRICT N TARY PUBLIC ANY STREAM BUFFER(S) SHOWN HEREON SHALL BE MY COMMISSION EXPIRES' �Z MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. SOME EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. KEY WES' o�" "--� "f 't AGENT OF THE BOARD OF DATE SUPERVISORS TH p4P J � CHRISTOPHER B. KEAN LIC. NO. 2378 SURF. LINNCL SURVEYING Innovation. Integrity. Vision 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 118001700—EP—ALB 18155.PRO 118-0017-00 Da 5 O-lq p 3 �]� eOc4 J I I I IF IF IN CONC. MON. I O t ATMP 62-18A I Cl I PEN PARK ROAD, LLC ILUQ I Q.B. 3371 P. 422 1.-0 D.B. 563 P. 112 PLAT 0 cc r I QY IF --� ir IF a I I W F—w I ATMP 62-18 Qa I SUSAN M, NORFLEET D.B. 3974 P. 464 cl) I D.B. 503 P. 574 PLAT I I I 1 I I I I I I m Q I I I I I I I I 1 N48° 14 L7 STEEP SLOPES APPROXIMATE PRESERVED +� DRAINAGE EASEMENT D.B. 790 P. 730 N3908221.33 ATMP 62D1-2-1 E11496267.06 -f COMMON AREA _ _ -_- ------= -1 L L3 N3907872.4'i 05 N49°16'20"E E11496067.97 .ti STEEP SLOPES 41.08' ALBEMARLE COUNTY �^ MANAGED IFn 1 _ 219.65' 143.69' % IF PF THE CITY OF CHARLOTTESVILLE VARIABLE WIDTH PERMANENT DRAINAGE MAINTENANCE EASEMENT PORTION IN THE CITY OF CHARLOTTESVILLE LEGEND: IF = IRON FOUND MON = MONUMENT PF = PIPE FOUND STEEP SLOPES PRESERVED CTMP 4813-1 PARCEL A CITY OF CHARLOTTESVILLE D.B, 507 P. 427, 432 PLAT PEN PARK SCALE: 1" = 100' APRIL 27, 2018 REVISED: JUNE 4, 2018 SHEET 2 OF 21 L13 4 7t N390833' .60 E1149625 78 *skk E ENS 9? GEP5 3_Olt - 6,6 1 BLS WID PERMANENT GE MAIN ENANCE EASEMEN 0.493 AQRES DEDICATED -TO ALBEMARLE �OC7NTY FOR PUBLIC USE N3908185.31 E11496423.06 1218.09 TOTAL 1691.37' N48036'49"E NEW VARIABLE WIDTH PERMANENT MAINTENANCE EASEMENT LINE BEARING DISTANCE L1 N48°36'49"E 17.20' L2 S09057'59"E 75.22' L3 S38°43'00"W 99.02' L4 S15036'41"E 54.35' L5 N20°28'50"W 61.53' L6 N44°59'59"W 32.41' L7 S40°01'47"W 45.35' L8 S49°08'41"E 67.94' L9 S54°55'34"E 39.88' L10 S58028'26"E 52.40' L11 S40009'03"E 38.52' L12 S33013'55"E 32.38' L13 S48036'49"W 92.74' L14 N59°04'20"W 68.92' L15 N40°23'15"E 91.71' L16 N10002'49"W 61.51' 118001700 -EP -ALB 18155.PRO 118-0017-00 DB 50-7 J MENT 020 1g oD130 50olK 5 OFFICE Vt4s,TIRctRGoVV PIS-- pcy•p8 am FtEGOpDED �� P03 0Z. z G$C -Sf'V1 by MEB 30% R- , p0388 OOK 45pI9 PACE p379 9 201800008760.001 1 4".• RECORDED IN ALBEMARLE COUNTY,VA f. JON R.ZUG felEltiDEsdarairsalat VIRGINIA LAND RECORD COVER SHEET AT FILED Aug 06, 2018 FORM A—CovER SHEET CONTENT•, i' 11:43 amBOOK05080 instrument Date: , 7/25/2018 , START PAGE 0425 Instrument Type: DOD-PL ... END PAGE 0435 Number of Parcels: i ' Number Pages: 9 INST# 201800008760 City D.1 County TOTAL NUM PAGES ALBEMARLE .. 0011 TAX EXEMPT? VIRGINIA/EEDER;4L LAW MEB Grantor: ii. Grantee: Consideration: 0.00 Existing Debt: 0.00 Actual Value/Assumed: . ' $0.00 PRIOR INSTRUMENT UNDER§58.1-803(0):' Original Principal: so.00 Fair Market Value Increase: ;,; 4.0.00 Area Above Reserved For Deed Stamp Only) Original Book Number: , • Orijnal Page Number: Original Instrument Number: Prior Recording At:[ ]City[ ]County' Percentage In This jurisdiction: 100% BUSINESS/NAME b 1 Di Grant* UVA FOUNDATION Grantor: 1 p<1 Grantee: COUNTY OF ALBEMARLE i Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE Address: RLE • Address: City:. State: VA Zip Code: Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 07500,00-00-06300 Tax Map Number: 07500-00-00-06300 Short Property Description: Current Property Address: City: CHARLOTTESVILLE State: VA Zip Code:22903 Instrument Prepared By: ALBEMARLE dpio UNTY ATTOR Recording Paid By: SCOTT KRONER,PLC Recording Returned To: SCOTT KRONEiFfOLC Address: 418 E WATER STREET -..." City: CHARLOTTESVILLE :•;'State: VA Zip Code:22902 I 1 ilI ? i1Ill111II FORM CC-1570 Rev:7/15 ' Page 1 of 1 Cover Sheet A 17.1-223,17.1-227.1,17.1-249 Copyright 02014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. 1::... ..' 201800008760.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel 07500-00-00-06300 This deed is exempt from taxation under Virginia Code§§58.1-811(A)(3). DEED OF DEDICATION AND EASEMENT 1.THIS DEED OF EASEMENT is made thiso' day of J/41.a. IAOL$ by and between UNIVERSITY OF VIRGINIA FOUNDATION, Grantor, and the COUNTY OF ALBEMARLE,VIRGINIA,a political subdivision of the Commonwealth of Virginia,Grantee. WITNESS: WHEREAS,the Grantor is the owner of 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"University of Virginia Foundation Birdwood Golf Course"to be dedicated to public use, shown on the plat of Timmons Group,dated July 25,2018,entitled Stormwater BMP&Forest and Open Space Easements Across the Property of University of Virginia Foundation,TMP 75-63, a copy of which is attached hereto to be recorded with this deed (hereinafter,the"Plat"). Reference is made to the Plat for a more particular description of the following easements located on the Property and conveyed herein (collectively,the"Easement"): Stormwater BMP& Forest and Open Space Easement Area 'A' (design cos 5) 1.78 acres"; Stormwater BMP & Forest and Open Space Easement Area 'B' (design cos 3)0.95 acres"; Stormwater BMP& Forest and Open Space Easement Area 'C' (design cos 4) 0.58 acres"; Stormwater BMP&Forest and Open Space Easement Area 'D' (design cos 6)0.91 acres"; Stormwater BMP&Forest and Open Space Easement Area'E' (plan cos#2) 1.28 acres"; Stormwater BMP&Forest and Open Space Easement Area'F' (plan cos#1) 3.93 acres"; Stormwater BMP&Forest and Open Space Easement Area`G' (plan vfs#4) 1.04 acres"; Stormwater BMP & Forest and Open Space Easement Area 'H' (design vfs 2) 3.56 acres"; Stormwater BMP&Forest and Open Space Easement Area'J' (plan vfs#1) 1.54 acres"; 1 Version:03/31/17 201800008760.003 Stormwater BMP&Forest and Open Space Easement Area`K' (plan vfs 43) 1.21 acres". WHEREAS,the Property is described further as a portion of that certain lot or parcel of land situated in the Samuel Miller Magisterial District of the County of Albemarle, Virginia, described as.Albemarle County Tax Map Parcel 07500-00-00-06300,as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2712, page 325, hereinafter called the"Property";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 5071, page 495, 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 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 to perform all acts to which 2 Version:03/31/17 201800008760.004 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 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 may be adjusted accordingly if the County Engineer certified in writing that the proposed modifications meet 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 reside 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 3 Version:03/31%17 k ,o'F'DEPARTMENT OF THE ARMYo US ARMY CORPS OF ENGINEERS NORFOLK DISTRICTz. FORT NORFOLK 803 FRONT STREET NORFOLK VA 23510-1011 March 8, 2018 Western Virginia Regulatory Section NAO-2018-00233 Albemarle County Attn: Walter Harris 401 McIntire Road Charlottesville, Virginia 22902 Dear Mr. Harris: This is in regard to your Department of the Army permit application number NAO- 2018-00233 for a stream restoration project. The work will occur on an unnamed tributary to Meadow Creek, near Pen Park, Albemarle County, Virginia. These project is detailed on drawings on file at this office. Your proposed work as outlined above satisfies the criteria contained in the Corps Nationwide Permit(s) (27), attached. The Corps Nationwide Permits were published in the January 6, 2017, Federal Register notice (82 FR 1860) and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991. Provided the Nationwide Permit General Conditions (enclosed) are met, an individual Department of the Army Permit will not be required. In addition, the Virginia Department of Environmental Quality has provided an unconditional/conditional §401 Water Quality Certification for Nationwide Permit Number(s) 27. A permit may be required from the Virginia Marine Resources Commission and/or your local wetlands board, and this verification is not valid until you obtain their approval, if necessary. This authorization does not relieve your responsibility to comply with local requirements pursuant to the Chesapeake Bay Preservation Act (CBPA), nor does it supersede local government authority and responsibilities pursuant to the Act. You should contact your local government before you begin work to find out how the CBPA applies to your project. Enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the nationwide permit terms and conditions. 1. Ensure Monitoring is conducted as per the Monitoring plan submitted with this project. 2. Growing Season 1, 2, 3, and 5 shall follow the FWS Protocol as described in the maintenance agreement submitted with the application. As described in the protocol, if problems are found through photographic/visual assessments, then physical surveys will be completed to determine severity of problem and necessary corrective action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2022. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific conditions listed in this letter continue to remain in effect after the NWP verification expires, unless the district engineer removes those conditions. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. In granting an authorization pursuant to this permit, the Norfolk District has relied on the information and data provided by the permittee. If, subsequent to notification by the Corps that a project qualifies for this permit, such information and data prove to be materially false or materially incomplete, the authorization may be suspended or revoked, in whole or in part, and/or the Government may institute appropriate legal proceedings. If you have any questions and/or concerns about this permit authorization, please contact Vincent Pero via telephone at 434-973-0568 or via email at Vincent.d.pero@usace.army.mil Sincerely, P E RO.V I N C E NT.D.1270 Digitally signed by PERO.VINCENT.D.1270778255 DN:c=US,o=U.S.Government,ou=DoD,ou=PKI, 7 7825 5u=USA,cn=PERO.VINCENT.D.1270778255 Date:2018.03.08 08:04:10-05'00' Vincent D. Pero Western Virginia Regulatory Section Enclosure(s) Cc: Agent