HomeMy WebLinkAboutSUB201800208 Easements 2019-02-08 (3)This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel 07400-00-00-015NO
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 A+ day of r D I by and
between JOHN A. STALFORT, III and GINEANE HOLLY STALFORT, 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 "NEW SWM FOREST AND OPEN
SPACE EASEMENT" to be dedicated to public use, shown on the plat of LINCOLN
SURVEYING, dated November 8, 2018, and last revised January 18, 2019, entitled
"PLAT SHOWING A NEW SWM FOREST AND OPEN SPACE EASEMENT ON A
PORTION OF TAX MAP 74 PARCEL 15N LOCATED ON BLUE SPRINGS LANE
ALBEMARLE COUNTY, VIRGINIA", 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 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 07400-00-00-015N0, as recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 3450, page 283,
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 5124, page 59, in which the Grantor has agreed to construct and maintain
on -site stormwater management/BMP facilities; and
Version: 11/14/18
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
WHEREAS, 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;
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.
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.
2
Version: 11/14/18
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.
3
Version: 11/14/18
WITNESS the following signatures.
GRANTOR:
A
JohA A. Stalfort, III
Landowner
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF CGV)ar lCM)CSy i 1 j e.
The foregoing instrument was acknowledged before me this day of t ,
.20 (9 by John A. Stalfort, III, Landowner.
My Commission Expires: April 30 2027—
Registration number: -7 -71$ Q 4 3
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Cy&y\a4-e6v►\le
h�e--00- Z�,
Notary Pub
SHANNON CHEN
NOTARY PUBLIC
REGISTRATION # 7778243
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
1 APR IL3G,2_022
%vo-u�qu
Gi ane Holly Stal ort
Landowner
The foregoing instrument was acknowledged before me this LL day of Fcbruai,
2LA by Gineane Holly Stalfort, Landowner.
Notary Publl
My Commission Expires: Y, 36
SHANNON CHEN
Registration number: '7 Pj Q 43 NOTARY PUBLIC
H - REGISTRATION # 7778243
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
APR I L 30, 2022
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
0
Version: 11/14/18
GRANTEE:
County Executive
COMMONWEALTH OF VIRGINIA
CITY/C-O'ki-114'i' OF(° !,�ne
[NIA
The foregoing instrument was acknowledged before me this day of a Lj1� .,z-jt V,
by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia, Grantee.
My Commission Expires: ' --Ic' 1q
Registration number -I I S 3"j
Approved ass o Form:
Coun ttoteyU Date
i
C �"LL 1k
_.
No ry Public
5
Version: 11/14/18
PLAT SHOWING A NEW
SWM FOREST AND OPEN SPACE EASEMENT
ON A PORTION OF TAX MAP 74 PARCEL 15N
LOCATED ON BLUE SPRINGS LANE OWNERS' APPROVAL:
ALBEMARLE COUNTY, VIRGINIA
NOVEMBER 8, 2018 THE PLATTING OR DEDICATION OF THE FOLLOWING LAND, NEW
SWM FOREST AND OPEN SPACE EASEMENT ON A PORTION OF TAX MAP 74
REVISED: DECEMBER 5, 2018 PARCEL 15N LOCATED ON BLUE SPRINGS LANE, ALBEMARLE COUNTY, VIRGINIA
REVISED: DECEMBER 13, 2018 IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE
REVISED: JANUARY 18, 2019 OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY,
�- j a L, (I
JOHN A. STAL ORT, III DATE
NOTARY PUBLIC:
STATE OF
'C'tT-Y/COUNTY OF
THE FOREGOING W SCKNOWLE GED
BEFORE ME T IS DAY OF
20J�_ BY -9fla
TITLE REFERENCES: NOTARY PUBLIC
TMP 74-15N
JOHN A. STALFORT, III
MY COMMISSION _EXPIR,E : ' °� i
AND GINEANE HOLLY STALFORT BAABARA W. PRICHARD
c�►»o a yr
270 BLUE SPRINGS LN NOTARY PUBLIC
CHARLOTTESVILLE, VA 22903 � t7 , •-4
D.B.
3450
P.
283
D.B.
2513
P,
734
D,B,
1341
P.
121
PLAT
D.B.
3589
P.
26
1ST AMEND. COV. & REST.
D.B.
2197
P.
166
CENTRAL TELE. COMP, OF VA
D.B.
1789
P.
411
JOINT DRIVEWAY AGREEMENT
D.B.
1546
P.
415
VEPCO
D.B.
1427
P.
410
DECLAR. OF COV. & REST.
THIS
SURVEY
WAS PREPARED WITHOUT
THE
BENEFIT
OF
A TITLE REPORT,
GI 'ANE HOLLY S ORT DATE
NOTARY PUBLIC: o
STATE OF
--e ' /C0UNTY OF OALL
THE FOREGOING WAS ACKNOWLE GED
BEFORE ME THIS DAY OF
20 BY �r
NOTARY PUBLIC
MY COMMISSION EXPIRES: 03 9/,;V
17
FC4D
RAARIRARA W. PRICHARD
mm„ornvmm a
NOTARY PUBLIC
VICINITY MAP 1" = 2000'
�G
�oF 4U
GQ'P
DR y BFt�QGE VE S,o
Z
�S
D
WOODS
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O
THE SWM FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO
THE GUIDANCE SET FORTH BY DEQ IN THE VIRGINIA STORMWATER
MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED
IN A NATURAL, VEGETATED STATE, EXCEPT FOR ACTIVITIES AS
APPROVED BY THE LOCAL PROGRAM AUTHORITY, SUCH AS FOREST
MANAGEMENT, CONTROL OF INVASIVE SPECIES, REPLANTING AND
REVEGETATING, PASSIVE RECREATION (E.G., TRAILS), AND LIMITED
BUSH HOGGING TO MAINTAIN DESIRED VEGETATIVE COMMUNITY
(BUT NO MORE THAN FOUR TIMES A YEAR).
A
CO TY APPROVA 6�L'r�
ql/." �u 218 In
A T OF THE BOARD OF DATE
SUPERVISORS
SOME EASEMENTS OTHER THAN THOSE SHOWN o V�Y
HEREON MAY EXIST. THE STREAM BUFFER(S) SHOWN HEREON SHALL BE
MANAGED IN ACCORDANCE WITH THE ALBEMARLE Q9
TMP 74-15N IS ZONED: RURAL AREAS COUNTY WATER PROTECTION ORDINANCE
TMP 74-15N IS IN THE SAMUEL MILLER DISTRICT THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X U y
(UNSHADED) (AREAS DETERMINED TO BE OUTSIDE THE THO LINCOLN
TMP 74-15N IS IN THE IVY CREEK WATER SUPPLY WATERSHED 0,2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON MAPS LIC. NO. 1326 !
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY f�f L'NC,,' L N
TMP 74-15N IS NOT IN THE AIRPORT IMPACT AREA DATED: FEBRUARY 4, 2005
MAP 510006 PANEL 265 D
TMP 74-15N IS NOT IN THE ENTRANCE CORRIDOR OVERLAY L�� .�Oq` S U R V E Y I N G
TMP 74-15N IS NOT IN THE STEEP SLOPES OVERLAY, MANAGED I HEREBY CERTIFY THAT THIS EASEMENT PLAT, SITR�' /
OR PRESERVED TO THE BEST OF MY PROFESSIONAL KNOWLEDGE
AND BELIEF, IS CORRECT AND COMPLIES WITH THE
TMP 74-15N IS NOT IN THE DAM INUNDATION ZONE MINIMUM PROCEDURES AND STANDARDS ESTAB- Innovation. Il'1tGgllty. Vision,
LISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, E
AR CIRCLE
TMP 74-15N IS NOT IN AN AGRICULTURAL FOREST DISTRICT PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED CHARLOTTE632 BERKMEPKM , VIRGINIA 22901
LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS.
THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE I ALSO CERTIFY THAT THE BOUNDARY SHOWN OFFICE: 434-974-1417
WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE HEREON IS BASED ON A CURRENT FIELD SURVEY. SHEET 1 OF 2 117005700-EP 19018.PRO 117-0057-00
PLAT SHOWING A NEW `
\ \
SWM FOREST AND OPEN SPACE EASEMENT EASEMENT LEGEND:\
ON A PORTION OF TAX MAP 74 PARCEL 15N \
LOCATED ON BLUE SPRINGS LANE // \ \ \ 7�� 2oA p B ACCESS EASEMENT
ALBEMARLE COUNTY, VIRGINIA \ \ \ Nw 15' CENTRAL TELEPHONE
NOVEMBER 8, 2018 1 TMP 58-165A G9 0
00 15TEL COMPANY OF VA EASEMEI
REVISED: WILLIAM THOMAS WOODROW, III LOT 13 \ LOT 12 \ ya D.B. 2197 P. 166
DECEMBER 5, 2018 / AND MELANIE G. WOODROW / \
D.B. 4642 P. 166 / TMP 74-15M N O 15D 15' DRAINAGE EASEMENT
REVISED: / D.B. 740 P. 229 PLAT MARK E. BROWN LIVING TRUST \ \ 029� D.B. 1341 P. 121 PLAT
DECEMBER 13, 2018 / 1 LOT 15 PHASE 2 AGREEMENT & MARY L. BROWN \ \ m ti� 15' VEPCO EASEMENT
LIVING TRUST AGREEMENT
REVISED: / 1 GRASSMERE FARM D.B. 4292 P. 495 \ \ 15V D.B. 1546 P. 415
JANUARY 18, 2019 // D.B. 1341 P. 121 PLAT `
1"= 200' / j N3903437.166 LOT 14 N3903039,93
/ s E11448587.212 E11449624.48 - -
1 S69002'43"E 1110.94' IF BLUE SPRINGS LANE 50' PRIVATE R/W
536,77'
/ \ - - D.B. 1341 P. 121 PLAT
NEW SWM FOREST AND 15TE
v6s. 02.4.;.►Rlr;:.:: OPEN SPACE EASEMENT
/ 3.90' ; : ::::1r1t448787:;$5:
CB 13.487 ACRES
LINE ARC CHORD BEARING RADIUS DELTA CHORD TANGENT
4. : iii::::::: :::: :: :::::: cn / C1 36.20' S52.31'20"W 15
/ 15D 0 00' 13 49 42" 36.11' 18.19'
TMP 58-1658C.
/ GORDON AND EDNA P. LYSLE '' ' ' '` "ti : :::;::;:::: O C2 391,70' S84°22'22"W 450.00' 49052'24" 379.45' 209.23'
�� / 03 182.47' N35°50'31"W 150.00' 69041'50" 171.42' 104.44'
D.B. 888 P. 581 CIO S30 0554"W H:..:::::::::...::::: 0'+
e e..N•..- .• .••::.......b
D.B. 740 P. 229 PLAT 9.64' C4 22.40' N63°10'55"E 10.00, 128°21'04" 18.00' 20.66'
LOT 16 PHASE 2 Cii C5 275.21' N87°56'12"E 200.00' 78°50'31" 254,01' 164.40'
y ::.:..: :::
/ GRASSMERE FARM "b
O' ,y �h \ C6 96.21' N3444'06"E 200.00' 27 33'39" 95.28' 49.05'
a .:.::..:..:.. •':..:..:..�'Q�. TMP 74-15N 1
\ C7 157.08' N24 02'43"W 100.00' 90 00'00" 141.42' 100.00'
h LOT 15 Nde'3Q5G"E:::::;.': 50 C8 17.65' N74°06'10"W 100.00, 10°06'53" 17.63' 8.85'
23.329 ACRES :' :a9;9 ':::::::::::::::: ;01. C9 84.20' S76°43'09"W 100.00, 48°14'30" 81.73' 44.78'
TMP 74-15P C10 39,27' S41°20'54"W 100.00, 22°30'00" 39.02' 19.89'
D.B. 1341 P. 121 PLAT ::::S69;,76'.1b"I!l/ KURT MILLER WASSENAAR
D.B. 4093 P. 364 \ C11 32,35' S39021'53"W 100,00' 18°31'5"
. \
5 �.._.._ ::;1::::::::::::: D.B. 1341 P, 121 PLAT C12 5 e e
G ��:;�: 6 � ....t.:•.:-.:-,:.• � 2064' S11 0147"E 250.00' 119 1918" 431.52' 427.15'
:;:: 114480137 5$7 G y9 601 {x Oa �\ LOT 16 C13 478.75' N84022'22"E 550.00, 49°52'24" 463.78' 255.73'
- - - s..•:. v :': ' ` S09°31'23"E ° e
:;:• . . . o ..•.. C14 255.03' S82 35 05"E 100.00, 146 07 24" 191.32' . . c!� . \ 328.35'
.� �-
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AREA TABULATIONS: o cn� D �"- "� 632 BERKMAR CIRCLE
o Z> m I Z Dcn
�/ f(Q CHARLOTTESVILLE, VIRGINIA 22901
13.487 AC - - TOTAL NEW SWM FOREST AND OPEN SPACE EASEMENT N cn ` I OFFICE: 434-974-1417
SHEET 2 OF 2 117005700-EP 19018.PRO 117-0057-00