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Home My WebLink AboutSDP200300099 Easements Final Site Plan and Comps. 2004-08-14 (Pagel of 10) J a ; ' Instrument Control Number 015093 • Commonwealth of Virginia Land Record Instruments Cover Sheet•Form A Pld INIMIIIIIII®II N RRecorded: �28 2004fat 00 3e:43 MI teas VIRConr Sheet Aeeml.0.ee] Fgee.Art) HT022S0ePap. 1 of 10 &1 ]try NriRLLl�lerk Circuit Court T C Date of Instrument [8/17l04 ] F11rs�YO20r0�4r-f009acasa rf X R Inatrumentlypo: [DE.PL 1 "2822�711-720 S P Numbor of Parcels [ 1) X Number of Pages [ 6] nty® (Albemarle County ] (Bator Deed Stamp Only)M City❑cou p First and Second grantors L _ I Lest Nome I Flmt Name I Middle Name or Inillal I SuNlx .X. [PARKSIDE I LLC ][ l I I I 1 ❑❑ [ lI I I 1 Find and Second Vinton I fast Name I First Nano Middle Name orinibl I Suffix I ilb Il e-[COUNTY OF ALBEMA l I I[ I I I Grantee Address (Name) [COUNTY OF ALBEMARLE VIRGINIA ] (Addnee 1) (401 MCINTIRE ROAD 1 ' (Address a) I I (City.State Vp) [CHARLOTTESVILLE ] [VA] 122901 1 Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 ]. Prior lnstr.Rocorded et City 0 County ( I Recant.lnlhb Jude. • [ 100] Book [ ] Page [ ] Instr.No [ ] Parcel Identification No(PIN) [0061 00 00 0129P I Tax Map Num. (If Mona than PIN) 1 I Short Property Description [GLENWOOD STATION RIO ROAD ] [ I Current Property Address(Addrnsll (RIO ROAD I (Address a) [ ] (City,Slates alp) [CHARLOTTESVILLE ][VA][22901 ] Instrument Prepared by [ALBEMARLE COUNTY ATTORNEY AND ] Recording Paid for by [SCOTT KRONER PLC I Realm Recording to (Name) [JOAN SCOTT I (Address 1) [SCOTT KRONER PLC I (Adana 2) [P O BOX 2737 ] Ply.Sure,Zip) [CHARLOTTESVILLE ][VA][22902 ] Customer Case ID 143912 ] [ I[ I I 'III; tit?�rttkil ,{ 'y AGE 1,JI lima; , Cover Sheet Page 01of1 ] .ial i.(r � 1. j' ,i 3 • Bool a2aa•Pas 111 (Paw2 M 10) I 015893 TMadoaunentwas prepared by the Albmrarb County/Wormyead Scott Krone;PLC Mot Map Y 0061.00A0-012911 DEED OF EASEMENT THIS DEED OP EASEMENT(this'Deed"),is made this 17th day of August,2004,by • and between PARKSIDE I,L.L,C.,a Virginia limited liability company'Grantor'), and the COUNTY OF ALBEMARLE,VIRGINIA,a political subdivision of the Commonwealth of Virginia, "Grantee", whose mailing address is: County Office Building, 401 McIntire Road, Charlottesville,VA 22901. WrrNBSSBTu: WHEREAS,Grantor is the owner of that certain lot or parcel of land situated in the Rio Magisterial District of the County of Albemarle,Virginia,designated as"TMP 61-129P"on the hereinafter-referenced Plat, being the same property conveyed to PARKSIDE by deed,of Charlottesville Realty Corporation,a Virginia corporation,dated May 29,2003,and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 2472,Page 185;and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and . convey to the Grantee the Easement(as hereinafter defined)for public use in accordance with this Deed of Easement,including all storm water management facilities,ditches,pipes and other improvements and appurtenances within the Easement(hereinafter collectively referred to as the "Improvements,"whether referring to Improvements within the Easement to be established by PARKSIDE or those to be established in the future by the Grantee)required to be established under Chapter 18,Subdivisions,of the Albemarle County Code.The location of the Easement ("Easement Areal is more particularly shown and designated as the "NEW VARIABLE WIDTH DRAINAGE EASEMENT HEREBY DEDICATED TO PUBLIC USE 31,194 S.P." (hereinafter the "Easement"), shown on the plat entitled 'PLAT SHOWING VARIOUS • 1 60W222,Poee:711 (Papea of 10 DRAINAGE EASEMENTS GLENWOOD STATION A DIVISION OF TAX MAP 61 PARCEL 129F PROPERTY BELONGING TO PARKSIDE, LW LOCATED OFF STATE ROUTE 631 RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA,"made by Thomas B. Lincoln Land Surveyor Inc. and dated Tune 18,2004,a copy of which is attached hereto to be recorded with this deed(hereinafter,the"Plat"),and reference to which is hereby made for a more particular description of the Easement Area;and WHEREAS, the completion of the Improvements within the Easement by Grantor is secured by a surety as provided under Chapter 18,Subdivisions,of the Albemarle County Code. NOW THEREFORE, for and in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Grantors hereby GRANTS,CONVEYS;and DEDICATES to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee,its successors and assigns, a perpetual exclusive easement,to maintain, repair,replace and extend the Improvements for the collection of storm water drainage and its transmission(the"Easemenfl over,through and within the Easement Area. FURTHER, pursuant to the consideration described herein, the Grantor hereby 9 GRANTS,CONVEYS,and DEDICATES to public use the Improvements. The Easement shall he subject to the following: 1. Eight to construct.reconstruct.install.maintain.repair.change.alter and replace the_ Immoveinents. The Grantee shall have the right to construct and install within the Easement Area such Improvements in the future as it deems necessary and appropriate. The Grantee also shall have the right to reconstruct,install,maintain,repair,change,alter,and replace within the Easement Area existing and future Improvements (hereinafter collectively referred to as 2 a,"F"ariewe;rlr (Pepe 4 et 10) "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Grantor's land,protecting property from flooding,protecting water quality,and otherwise controlling storm water runoff.Nothing herein shall excuse Grantor from its obligation to establish the Improvements within the Easement as required under Chapter 18,Subdivision,of the Albemarle County Code. 2. Ownrmhin of the Improvements. All Improvements within the Easement, whether they were constructed or installed by.the Grantor,the Grantee,or any predecessor in interest,shall be and remain the property of the Grantee. 3. Right of ingrss and egret.a. 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. gjxht to loped.maintain and operate the Improvements. The Grantee may enter the Basement Area to inspect,maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement Arca. The Grantee shall have the right within the Easement Area 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 barkfitling 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 Area 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 Area,but be required 3 eoOartoae a ti (Pages of 10) only to repair or replace groundcover within the Easement Area 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 Area 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. fright of Grantor to maintain the Easement Area.,The Grantors shall have the right to perform routine maintenance of the Easement Area,including the removal of trash and landscaping debris,mowing end manicuring lawns and ground covers, 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 Area does not include the right to maintain the Improvements. 7. f.iabilily. Grantee acknowledges and agrees that Grantee's exercise of the rights granted pursuant to this Deed shall be exercised by Grantee at its own risk and that the Grantor shall not be held liable for any injury or damage to property suffered by Grantee, its agents, employees,except for damage caused by Grantor's negligence or gross negligence. 8. farokusivity:restrictions. The Easement conveyed herein is an exclusive easement Neither the Grantors 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 • 4 emkan,Pagrm Waaea ate) the Easement or any Improvement located within the Easement Area;and Rather provided that such persons shall not construct or maintain any roadway,or erect any building,fence,retaining wall or other structure within the Easement Area. Notwithstanding the foregoing,Grantor shall have the right to use the surface area of the Easement provided that such use does not interfere with the intended purpose of the Easement. 9. Grantee's right to ass'•,.The Grantee shall have the right to assign this Easement as its interests may require 10.Matters of Record. The easements conveyed in this Deed are made subject to such recorded easements, covenants and restrictions applicable to the Easement as may lawfully apply. 11.Binding effort The Basement 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 of the Board of Supervisors of Albemarle County, does hereby accept the Easement and the Improvements conveyed by this deed. WITNESS the following signatures and seals all as of the date first herein above written. PARKSIDE I,L.L.C.,Grantor By,C.Wit. n_ (SEAL) George W.Ray,Ir., er 5 eaaa,urz.rasaarr (Papa?of 10) COUNTY OF ALBEMARLE,VIRGINIA,Grantee By; 17 ' W• • AL) bent W.Tuck , .,County ve' Approved as to form: - couciatto COMMONWEALTH OF VIRGINIA CITY of CHARLOTTESVILLE,to-wit: Subscribed, sworn, and acknowledged before me this 17th day of August, 2004, by George W.Ray,7r.,as Manager of Pad®de I,L,L.C.,on its behalf. My Commission expires: a•na Sol 20010 Notary Pub' COMMONWEALTH Oj+V1RGINIp �fYCOUNTYOF H'�bemd.fl'Q., to-wit: nt �{""" Subscribed,sworn,and acknowledged before me this j day of rruqUSf,2004,by Robert W.Tucker,Jr.,as County Executive of the County of Albemarle,Virg ,on its behalf My Commission expires: 1/81 1019 Notary Public 6 6oc1r2822,P,pxr11 (per I 01 10) • PLAT SHOWING - VARIOUS DRAINAGE EASEMENTS • . GLENWOOD STATION A DIVISION OF TAX MAP 61 PARCEL 12OF PROPERTY BELONGING TO PARKSIDE, LLC , LOCATED ON STATE ROUTE 631 RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE: 1' • 00' JUNE 16, 2004 • LEOENDi AF•AXLE FOUND V .NON FOUND i' • /1 • e i /' / . 'TMP el-1O1 SHOPPING CENTER ASSOGATe6 P.7254730 �• ALPESMUG. e1.12aB / TMP UNITED METHODIST a - D.B.11020 P.202-270 DS.aea P. 209-361 PLAY AF- ZONE POSO ZONE CO FASHION '. • • SQUARE Ira6 MALL NEW PERMANENT DRAINAGE il. ' EASEMENT to/ LOT F ',"• NI20.1p� N70OaY2F JlaI ' ISEE SHEET 5 OF 61 sot 1 . 0Or 4.64' .. ,.. .. .. .. .. .. ... \ N2VY712W \ I7AP slow g-W NEW VARIABLE WIDTH L/'t'N n . m ,- m a' o — PERMANENT DRAINAGE I- EA8EMENT\ S _ •D O O o 0 9 \ 0 . 8 2/•102 E - TMP 81-128F 1e002 2W _ lea.E_..__ __—_ -- __ __- — — .__ __ __ . ION .ANE � GENW arT � S�PARK6IDE I, LLC D.B. 2472 P. 186, 166 PA DB. 696 'P. 800 S00•UD2V L 0 T G 25.01' T O N 1'! VI. d ,- F. h m A H N N N NEW DRAINAGE .� r 4- HEREBY EASEMENT A I.- I- O ~O p o o O O O O O DEDICATED TO PUBLIC USE (SEE SHEET 3 OF 61 `. - /: IAl2' IF 1 i 0r" . lotto //) ,: 'IMP LOTTE 917•11.93' 1 SQUIRE MIA m092' 1 ASSOCIATES. TTESVLLE ASSOCI L.L.O. D.B.e10 P. Ue-.el • ZONE R-I0 • •-...---- AR TMONTB 1 A SOU RE MRL AP TMP 01.1290 SOUIRE HILL CIARLOTTESVILLE ASSOCIATES.• Ass1 E7 L ZONE R.10 • • Bmt201T,Pe9x711 • (Papa of 10) o{ci A)• 51J`, . \ at„ . \ ie Nt TOTAL \ IF R•I3&..T9' A•39303' T.IDa00' caner . 03455OYI7TE OELTA. I.'A''49• L6 • F R•1°6T.]r ✓ AdtM' • Ta0.Er ' C.4t1e' C0.060•201rE '. DELTA.1•42'05' LOT A POP . � 921@6'04R 00ar • '� N/3.1!'O2g TMP 61-129F 4ae' PARKSIDE I. LW ' `• DS. 2472 P. 185, 166 PLAT N484 os° / BiPSB'667i �• D.B. BBB P. 656 � I2A4' 115' 1"" R.IO➢I.TI' EN7 ANENT DRAINAGE °1•°P �A•arr•FRowra HEET 3 OF 61 IP LOT D j/1o'A4 rw - ::• h'°%I - -_. ._._. ---- --R48Y012rE ' •ei'1 seer '0'*'+,, em-ry m 1 niaoa• N4P1r62w n 3e4' c•4o.or 840.40'Oe•W CB.041•3r60•E I- I- LOT E TeAr DMA. rotor J J NEW VARIABLE WIDTH DRAINAGE • EASEMENT • HEREBY DEDICATED TO PUBLIC USE . 31.194 S.F. . • • LOT B LOT C • la F . LINCOLN N'r` I NO.MG • • WlG4 • THOMAS D.LINCOLN LAND SURVEYOR INC. 671 BERKMAR CIRCLE • CHARLOTTESVILLE, VIRGINIA 22901 • • • 600t2l22ya26]11 (Page1O of ID) • RECORDED IN CLERKS OFFICE CF ' RACOeStD 7AOER yCK NPbA h 8 AY WyBKAIL QMEARyp$0Im`RKCCGOEtCQyb8R 1Cd Op OIN 7 oc • • • • • • • • • Eodc19UI?0n7I1