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HomeMy WebLinkAboutSUB201800212 Easements 2019-03-01Instrument Type Instrument # Book/Page 1st Grantor 1 st Grantee Description Consideration Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: ALBEMARLE COUNTY ATTORNEY Cashier: MEB DE-PL 201900001867 05141 / 0153-00163 Pages: 11 CORY FARM HOMEOWNERS ASSOCIATION INC COUNTY OF ALBEMARLE VIRGINIA GREENWAY EASEMENT, TMP 56F-01-A 0.00 Assumed Value: 0.00 Receipt # : 2019-036931 Date : 03/01/2019 01:43pm Document : 1 of 1 Ex. N Ex Y Pct : 100.00% list City: Y Item # Description Qty Unit Cost Extended 035 VOF 1 0.00 0.00 301 Clerk 1-10 Pages 1 0.00 0.00 145 VSLA 1 0.00 0.00 106 TTF 1 0.00 0.00 _ Document 1 0.00 Grand Total 0.00 Balance 0.00 Customer Copy VIRGINIA LAND RECORD COVER SHEET FORM A — COVER SHEET CONTENT Instrument Date: 2/6/2019 Instrument Type: DE-PL Number of Parcels: 1 Number of Pages [ ] City pQ County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [� Grantee: 58.1-811.A.3, 17.1-266 Consideration: $0.00 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 9 Original Book Number: 2667 Original Page Number: 458 (Area Above Reserved For Deed Stamp Only) Original Instrument Number: 200300032388 Prior Recording At: [ ] City M County ALBEMARLE Percentage In This jurisdiction: 100% BUSINESS / NAME 1 IQ Grantor: CORY FARM HOMEOWNERS ASSOCIATION, INC [ ] Grantor: 1 pQ Grantee: COUNTY OF ALBEMARLE, VIRGINIA [ ] Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA Address: 401 MCINTIRE ROAD City: CHARLOTTESVILLE State: VA Zip Code: 22902 Book Number: 2667 Page Number: 458 Instrument Number: 200300032388 Parcel Identification Number (PIN): 056F0-01-00-000A0 Tax Map Number: 56F-01-A Short Property Description: GREENWAY EASEMENT, TMP 56F-01-A Current Property Address ROCKFISH GAP TURNPIKE City: CROZET State: VA Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: Recording Returned To: ALBEMARLE COUNTY ATTORNEY Address: 401 MCINTIRE ROAD RM. 325 City: CHARLOTTESVILLE State: VA FORM CC-1570 Rev: 7/15 §§ 17.1-223, 17.1-227.1, 17.1-249 Page 1 of 1 Zip Code: 22932 ALBEMARLE COUNTY ATTORNEY Zip Code; 22902 Cover Sheet A Copyright © 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 056r0-01-00-000A0 This deed is exempt from taxation under Vjipi iia Code § 58.1-811(A)(3) and Clerk's fees under Ulgirua Code S17.1- 266. DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this L— day of E-S�-r__ tint 2010 by and between CORY FARM HOMEOWNERS ASSOCIATION, INC., Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), 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 "Greenway Easement, 4.23 Acres", shown on the plat. of Roger W. Ray & Assoc., Inc., dated December 26, 2013 and last revised January 14, 2019, entitled "Easement Plat, Greenway Easement, Containing 4.23 Acres on the Cory Farm Homeowners Association, Inc. Property, Located on U.S. Route 250 (Rockfish Gap Turnpike), State Route 751 (Brownsville Road), Cory Farm Road, Summit View Lane, Windy Ridge Road, and Lickinghole Creek, White Hall Magisterial District, 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 White Hall Magisterial District of the County of Albemarle, Virginia, designated as "Common Area," of Cory Farm Subdivision on a plat by Roudabush, Gale an Associates, dated November 11, 1996, last revised January 14, 1997, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1589, pages 192-196, also being a portion of the same property conveyed to the Grantor herein by deed of Sam Enterprises LLC, recorded in said Clerk's Office in Deed Book 2667, page 458; WHEREAS, Proffer 2 of ZMA-95-00009 obligated the owner of the Property to dedicate to the County a 50-foot wide "Greenway" along each side of Lickinghole Creek; and WHEREAS, in satisfaction of Proffer 2 of ZMA-95-00009, the Grantor desires to dedicate, grant and convey to the County, and the County is willing to accept, an easement over the Property for the purpose of allowing the County to establish and maintain a public access trail and greenway, including authorized improvements (collectively, the "Greenway"), subject to the terms and conditions stated in this Deed. NOW, THEREFORE, in consideration of the premises and ONE DOLLAR ($1.00), 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. The Easement shall be subject to the following: 1. Purpases of [,he Easement. The purposes of the Easement are to establish on the Property a segment of a countywide system of greenway trails that will link people to the area's natural, recreational, cultural and commercial resources. As part of this system, the Easement will serve to protect important and/or sensitive resources, provide recreational and educational opportunities, provide an alternative transportation system, and provide an economic benefit. 2. Right to establish _inilLrovenien s within the 1,Xasenlent. The County shall have the right to establish at its expense certain improvements within the Easement, as follows: A. Public access trail. The County may establish and maintain, in its sole discretion, either Class A or Class B trails as set forth in the County's Design Standards Manual. The trails shall be available for pedestrians and bicyclists. B. IIriproyements. The County may establish and maintain the following improvements within the Easement: (1) appropriate trail surfaces, foot bridges and associated trail structures and culverts; (2) trail markers and signs along all trails and at all points of access; (3) barriers, fences and gates to prevent motorized vehicular access into the Easement; (4) benches for the convenience and comfort of the public; (5) "Private Property", "Do Not Enter" or similar signs marking the Easement boundary; and (6) all other improvements that are reasonable for a public access trail. C. Ownership of improvements. All improvements established by the County within the Easement shall be and remain the property of the County. D. LOCalEon oI im rovements. All County trails and other improvements under this section shall be located either (a) north of Lickingllole Creek, (b) within the "120' Strip Reserved for 2 Dedication Upon Demand of Albemarle County" shown on the Plat, or (c) with the written approval of the Grantor. 3. Right to inspect_wid maintain [lie iinprovexrients within (lie F.ascnic:nt. The County may enter the Easement to inspect and maintain the improvements within the Easement as follows: A. Right to disturb and maintain the Easement Dremises. The County shall have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences, structures or other obstructions; and take other similar action reasonably necessary to establish, maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1) the County, at its own expense, shall restore as nearly as possible, repair and replace only ground cover disturbed, damaged or removed as a result of establishing, maintaining or operating the improvements to the extent the restoration or replacement is consistent with its proper maintenance, operation, and use; and (2) after the County establishes the Greenway, no trees having a diameter at breast height of four (4) inches or greater shall be removed, destroyed or cut within the Easement except to protect public safety, eliminate trees that are either diseased, dying or dead, or is deemed necessary in accordance with standard arborist practices. B. Qbligrilien to remove tr mh and other debris. The County shall remove from the Easement all trash and other debris resulting from the establishment, maintenance or operation of the improvements. 4. Restrictions on uses and activities in the Easement. The County shall have the right to regulate and restrict the uses and activities of the public within the Easement, in its sole discretion, provided that the Grantor's members shall have the same rights and privileges within the Easement as the general public. 5. Miscellaneous previsions. The following provisions apply: A. Easement runs with the land. The Easement shall run with the land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. B. Exclusivit • restrictions. The Easement 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 or any improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 3 C. Coun y's rif;ht to assi�yi. The County shall have the right to assign this Deed as its interests may require. An eligible assignee shall be one that is able to perform the terms, conditions and obligations of this Deed to assure that its purposes are fulfilled. D. Enforcement. In addition to any remedy provided by law to enforce the terms of this Deed, the parties shall have the following rights and obligations: 1. Ac6on at law inadequate remedy. It is conclusively presumed that an action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any attempted breach or violation, of any term of this Deed. 2. Failure to enforce does not waive ri 'ht to enforce. The failure of either party to enforce any term of this Deed shall not be deemed a waiver of the right to do so thereafter, nor discharge nor relieve the other party from thereafter complying with any such term. 3. No third party rkht of enforcement. Nothing in this Easement. shall create any right in the public or any third party to maintain any suit or action against any party hereto. E. Notice of proposed is ansfer or sale. The Grantor, its successors and assigns, shall notify the County in writing at the time of closing on any transfer or sale of the Property. In any deed conveying all or any part of the Property, the Easement shall be referenced by deed book and page number in the deed of conveyance and shall state that this Deed is binding upon all successors in interest in the Property in perpetuity. Notice shall be provided as follows: C rn n tnr Cory Farm Homeowners Association, Inc. Attn: President Post Office Box 526 Crozet, Virginia 22932-0526 County Jeffrey B. Richardson County Executive County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902-4596 F. Relation to aL)T)licalfle laws. This Deed does not replace, abrogate or otherwise supersede any federal, state or local laws applicable to the Property. G. Seyerabilily. If any provision of this Deed is determined to be invalid by a court of competent jurisdiction, the remainder of this Easement shall not be affected thereby. H..Recordation. Upon execution by the parties, this Deed shall be recorded with the record of. land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia. I. Authority to convey easement. The Grantor covenants that it is vested with good title to the Property and may convey the Easement. M I Authority to accept eascinent. The County is authorized to accept the Easement pursuant to Kiginia Code § 15.2-1800. K. Hold harmless. The Grantee shall hold the Grantor harmless to the extent provided in Virginia Code § 29.1-509(E). L. Entire Agreement.. This instrument sets forth the entire agreement of the parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement. The County, 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. WITNESS the following signatures. R GRANTOR: CORY FARWHOME ERS ASSOCIATION, INC. I3Yesid it COMMONWEALTH OF VIRGINIA CITY/C T-Y OF c6r1s v,I The foregoing instrument was acknowledged before me this _&_ day of tll-1 by Gary Koenig, President of Cory Farm Homeowners Association, Inc., Grantor. Notary Public My Commission Expires: 7 1-3i /-L1'-___ Registration Number:_ 21?jj-6 j______ �L iD r�► 'Rip I . � . .. Q. Q� 01 iS ^+; pU C '. it S * G. #7783361 ¢ r MY �,pNIµlS5ltNi � s q+,Ql4ES r C7 ,. LT .•''a�,' '., �• r, �. ` A�;.�•• ff'''►►►►100ru r1 E11% Cil GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: OFALAEMARLE, VIRGINIA I.[Trey B. Richardson County Executive The foregoing instrument was acknowledged before me this te; day of CGA§. f L �, �1_g by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Vi►gi ►Y a, Grantee. My Commission Expires:&i__3 j}";�Olcj Registration Number I ! —63'7 l~D.__ Approved as to form: J _ v C!quil torn y-- 7 NAY Public