HomeMy WebLinkAboutSUB201800166 Easements 2019-02-04 (3)This document was prepared by:
Albemarle Cowity Attorney
County of Albemarle
401 McIntire Road, Suite 325
Charlottesville, Virgiuia 22902
Pagel ID Number 03200-00-00-009CO
This deed is exempt from taxation wider Vhgitlia Coyle S 58.1-811(A) (3) and from the Circuit Court Clerk's fees
under VhX2i. a Code S 17.1-266.
DEED OF EASEIVIFNT
THIS DEED OF EASEMENT, dated this 41h day of January, 2019, is by and between
CRUTCHFIELD CORPORATION (hereinafter the "Grantor"), and the COUNTY OF
ALBEMARLE, VIRGINM a political subdivision of the Commonwealth of Virginia (hereinafter,
the "Grantee").
WTrNESSETH:
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
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").
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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:
I. Right to congmt, reconstruct, installmaintain repair, change, alter and replace the
Im rovements. 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 inmress 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.
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 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.
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)]
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WI TNFSS the following signatures.
GRANTOR: CRUTCHFIEM COPORATION
William G. Crutchfield, Jr., President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ��F(q APL-F_
The foregoing instrument was acknowledged before me this 2l _ day of
201� by William G. Crutchfield, Jr., on behalf of Crutchfield Corporation, Grantor.
Notary Public-�U/
My Commission ires:D
Registration No.
5
GRANTEE:
JI&ffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
VIRGINIA
The foregoing instrument was acknowledged before me this day of
201-�L by Jeffrey B. Richardson, County Executive, on behalf of the
ounty of AlOemarle, Virginia, Grantee. ,
Notary Public
My Commission Expires:r a o I -L f _
Registration No. '"1 r-'- L-3 9-
Approved as to form:
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION N 7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31, 2019
C
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, dated this 4th day of January, 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 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 by Kirk 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 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 Management/BMP Facilities Maintenance
Agreement" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed
Version: 07/20n8
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:
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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Version: 07/20/18
3. No obligation on Grantee to ins ect 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.
Version: 07/20/18
WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITYICOUNTY OF A L 1v\Pti E
CRUTCHFIELD COPORATION
William G. Crutchfield, President
The foregoing instrument was acknowledged before me this -!�LL day of u 2L , 7.011
by William G. Crutchfield, President, on behalf of Crutchfield Corporation, Granto . T'r1ti'tyi �'
My Commission Expires: 0 7 3d 202—t
Registration number: / 0'2-�O 1
``1j ' • • ... ,y
Notary Aiblic
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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version: 07/20/18
GRANTEE: COU,*TY OF �BEMARLE, VIRGINIA
B. Richardson
Executive
COMMONWEALTH, OF VIRGINIA
CITYIC-9 OFF }�
"t-
The foregoing instrument was acknowledged before me this -61 , day of
by Jeffrey B. Richardson, County Executive, on behalf of the Board of Su . sors
Albemarle County, Virginia, Grantee.
N tary Public
My Commission Expires:
Registration number:,, i l_ 6-1 ko
Date
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION # 7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31, 2019
Version: 07/20/19