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HomeMy WebLinkAboutSUB201800212 Other 2019-03-01Instrument Type Instrument # Book/Page 1st Grantor 1st 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 201900001866 05141 / 0146-00152 Pages: 7 CORY FARM HOMEOWNERS ASSOCIATION INC COUNTY OF ALBEMARLE VIRGINIA TRAIL EASEMENT, TMP 56F-01-A 0.00 Assumed Value: 0.00 Receipt # . 2019-036930 Date 03/01 /2019 01:41 pm Document 1 of 1 Ex N Ex. Y Pct : 100.00% 1 st 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 N County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [)I 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 Original Book Number: 2667 Original Page Number: 458 Prior Recording At:[ ] City [X] County ALBEMARLE (Area Above Reserved For Deed Stamp Only) Original Instrument Number: 200300032388 Percentage In This Jurisdiction: 100% BUSINESS / NAME 1 IN 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: TRAIL 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 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 Viipi na Code S 58.1-811(A)(3) and Clerk's lees under 1/ilgitjia Code 517.1- 266. DEED OF EASEMENT THIS DEED OF EASEMENT is made (his day of R��1_v,LLf, 201_ — by and between CORY FARM HOMEOWNERS ASSOCIATION, INC., Grantor, acid the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), Grantee. WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of the real property located in Albemarle County, Virginia containing approximately 33.82 acres, acid being a portion of the same land acquired by the Grantor by a deed from Sam Enterprises LLC dated December 16, 2003, recorded December 31, 2003, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2667, page 458, and identified on the current tax maps of Albemarle County, Virginia as Parcel ID 056F0-01-00-000A0 (the "Grantor's Property"); WHEREAS, the Grantor desires to grant and convey to the Grantee, and Grantee is willing to accept, wi easement for public access by pedestrians and bicyclists over a trail that Grantee or its successors intends to construct through certain portions of the Grantor's Property (the "Trail"), subject to the terms and conditions contained herein. NOW THEREFORE, the Grantor hereby grants and conveys to the Grantee, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, a non-exclusive easement for public ingress and egress by pedestrians and bicyclists over and through the areas of the Grantor's Property shown as "New Trail Easement, 0.95 Acre" (the "'frail Easement") on the plat of Roger W. Ray & Assoc., Inc., dated January 3, 2014 and last revised January 14, 2019, entitled "Easement Plat, New Trail Easement 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 1 particular description of the easement conveyed herein. The terms and conditions of the Trail Easement are as follows: 1. The rights of the public to exercise its rights of ingress and egress over the Trail Easement shall not commence until after the Trail has been constructed and has been approved for public use by the Albemarle County Department of Community Development pursuant to the standards permitted by the Grantee and agreed to by the Grantor or its successors. 2. The Grantor is under no obligation to routinely maintain or repair the Trail, and in no event shall this instrument be construed to impose any such obligation on the Grantor. 3. The Grantor's members will have the same rights and privileges of ingress and egress over the Trail Easement as the general public. 4. The Grantee shall timely install "Private Property", "Do Not Enter" or similar signs marking the Easement boundary, and shall maintain these signs until the 120' Strip Reserved for Dedication (shown on the Plat) is demanded by Albemarle County; 5. The Trail Easement shall run with the land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. 6. Nothing in this Deed of Easement shall create any right in the public or any third party to maintain any suit or action against any party hereto. This Deed of Easement is made expressly subject to all restrictions, conditions, rights -of -way and easements, if any, cont-uned in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property conveyed hereby, insofar as the same affect the property conveyed hereby, which have not expired by a time limitation contained therein or have not otherwise become ineffective. The Grantee, acting by and through its County Executive, duly authorized by the Board of Supervisors of the County of Albemarle, Virginia hereby accepts the conveyance of this easement pursuant to VI)Nmin Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. 4 GRANTOR: CORY FARM HOMEOWNERS ASSOCIATION, INC. By: kGary KiPresident -- COMMONWEALTH OF VIRGINIA CI I'Y/ef)U+iTY OF A rAoJt4 The foregoing instrument was acknowledged before me this -L_ day of �'0-6f," j. q by Gary Koenig, President of Cory Farm Homeowners Association, Inc., Grantor. My Commission Expires:-713 IL. Registration Number:_ 3313A1 ______ GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: Notary Public OF Kllrcy B. Richardson County Executive VIRGINIA r NOTARY Nr f PUBLIC REG. #7M3361 #Y C MISSION ' EXPIRES ' ? r tj•• 07airm • r f • L TH • & `,,R� The foregoing instrument was acknowledged before me this ln� day of Wl� ) by Jc1I'rey B. Richardson, County Executive, on behalf of the County oi' Albeniarle, Virginia, Grantee. My Commission Expires: IL . 5' ac t'l Registration Number:_'i F? 31-1 low. . Approved as to form: 't', i r-- lie 3 NcyAry Public