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Home My WebLink AboutWPO201600060 Easements 2017-10-23 (3)Lif i-1 N H A R ATTORNUS kTLAW ,I October 23, 2017 VIA HAND -DELIVERY Frank Pohl County Engineer 401 McIntire Road Charlottesville, VA 22902 Donald D. Long Attorney at Law Direct: (434) 817-7977 ddl@lplaw.com Phone: (434) 979-1400 Pax. (434) 977-5109 530 East Main Street P.O. Box 2057 Charlottesville, Virginia 22902 Re: Region Ten Community Services Board, Inc. — Development of Women's Treatment Center Dear Frank: Enclosed please the original recorded Deed of Easement for the above -referenced transaction. Please do not hesitate to contact me if you have any questions about the enclosed. DDLlmal Enclosures www.lplaw.com Charlottesville ( Harrisonburg VIRGINIA LAND RECORD COVER SHEET FOAM A — COVER SHEET CONTENT Instrument Date: 31812D17 Instrument Type: DE_ Number of Parcels:.........1 ... Number of Pages:. [ ] City pQ County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [ ]Grantee. Consideration: $10.00 Existing Debt: $0.00 Actual Value/Assumed: PRIOR INSTRUMENT UNDER § 58.1-803(D). Original Principal: -------- ..$O.DD Fair Market Value Increase: $0.00 Original Book Number: Original Page Number: Prior Recording At:[ ] City[ ] County 00382 Il11lllllllllllllllllllllllf lIll llf lllf !Il!!lf f llllf lllllll!!!11!!Nl!!1!1!llll! Doc ID: 033532700009 Type: DEE Recorded; 04/05/2017 at 02:04:31 PM Fee Amt: $82.33 Pape 1 of 9 Albemarle County, VA Jon R. Zug Circuit Clerk Filet! 2017-00003821 BK 4893 Pc1682-690 (Area Above Reserved For Deed Stamp Only) Original Instrument Number: Percentage In This Jurisdiction: 10D% BUSINESS / NAME 1 DI Grantor: REGION TEN COMMUNITY SERVICES BOARD, 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: . , Page Number: _ Instrument Number: Parcel Identification Number (PIN): 076t}0-00-DO-046FD Tax Map Number: 07600-00-00-046F0 Short Property Description: 500 OLD LYNCHBURG RD Current Property Address 500 OLD LYNCHBURG RD City: , CHARLOTTESVILLE State: _ VA Instrument Prepared B: P yATTOR Recording Paid By: COUNTY RecordingReturned To: LEN,HART PETTIT DDLI ... �.. _ ..CRT)..... Address: 530 EAST MAIN STREET 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: .. ._ --- IT PC Zip Code: 22902 Cover Sheet A Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 1 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number 07600-00-00-046FO This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this 8th day of March, 2017 by and between REGION TEN COMMUNITY SERVICES BOARD, INC., 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 as a certain lot or parcel of land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, fronting on the southeast side of State Route 780, containing 10.2616 acres, more or less, comprised of two tracts, (1) 6.261-6 acres, as shown on a plat prepared by B. Aubrey Huffman & Associates, Ltd., dated February 27, 1981, recorded in the Circuit Court Clerk's Office for Albemarle County (the "Clerk's Office") in Deed Book 722, page 518; and (2) 4.000 acres, as shown on a plat prepared by B. Aubrey Huffman & Associates Ltd. Dated May 15, 1987, revised April 15, 1988, recorded in the Clerk's Office in Deed Book 1005, page 483; LESS AND EXCEPT that certain strip or parcel of land taken by the Commonwealth of Virginia, pursuant to a Certificate of Take, of record in the Clerk's Office in Deed Book 1227, page 28. The property being the same property conveyed to the Grantor by deed of Piedmont Hospital, LLC, dated July 16, 2005 and recorded in the Clerk's Office in Deed Book 3039, page 209. WHEREAS, the Grantor seeks to dedicate for public use those portions of the Property shown as "SWM Facility Easement" and "SWM Forest and Open Space Easement" shown on the plat of Lincoln Surveying dated December 9, 2016 and last revised March 1, 2017, entitled "Plat Showing a New SWM Facility and New SWM Forest and Open Space Easement", a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the Version: 11/25/14 "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein; 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 4882, page 450, 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 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. 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. 2 Version: 11/25/144 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 rit to assi . 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. 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. WITNESS the following signatures. GRANTOR: REGION TEN COMMUNITY SERVICES BOARD INC. y: Robert L. John n, Executive Director COMMONWEALTH OF VIRGINIA CITYICOUNTY OF ��0 �� The foregoing instrument was acknowledged before me this q day of March, 2017 by Robert L. Johnson, Executive Director, on behalf of Region Ten Community Services Board Inc, Grantor. My Commission Expire : (D Registration number; 31 q:1 ) Q 3 ��L- jgoiary-Public PHI;a 4 � �, M ��31y2fl�� •• 4 .�'� ?NVVEA�0-' �� Version: 11/25/14 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA i D - W&er Interim County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this &' Iay of March, 2017 by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public wyr�°"aa +vrirrr�,; My Commission Expires AS Gc� I Registration number: 1 / "� �AN Approved as to form: only Attorney 4 Version: 11/25/14 PLAT SHOWING A NEW SWM FACILITY EASEMENT AND NEW SWM FOREST AND OPEN SPACE EASEMENT ON A PORTION OF TAX MAP 76 PARCEL 46F LOCATED ON STATE ROUTE 780 ALBEMARLE COUNTY, VIRGINIA DECEMBER 9, 2016 REVISED FEBRUARY 2, 2017 REVISED FEBRUARY 13, 2017. REVISED FEBRUARY 24, 2017 REVISED MARCH 1, 2017 COUNTY APPROVAL: B 2XV1 AGENT OF THE BOARD OF DATE SUPERVISORS TITLE REFERENCES FOR TMP 76-46F: REGION TEN COMMUNITY SERVICES BOARD, INC. D.B. 3039 P. 209 D.B. 3038 P. 96 PLAT D.B. 2409 P. 412 DOT D.B. 2190 P. 744 D.B. 2168 P. 87 PLAT D.B. 2168 P. 70 D.B. 1563 P. 38 COMM. OF VA. D.B. 1555 P. 223 D.B. 1556 P. 215 ACSA D.B. 1555 P. 207 D.B. 1227 P. 28 COMM. OF VA. D.B. 1093 P. 605 VEPCO Q.B. 1093 P. 602 VEPCO D.B. 1005 P. 483 PLAT D.B. 789 P. 90 ACSA D.B. 748 P. 259 VEPCO D.B. 722 P. 518 PLAT D.B. 492 P. 371 PLAT D.B. 446 P. 364 VT&T D.B. 437 P. 642 VEPCO D.B. 437 P. 373 VT&T D.B. 408 P. 248 VT&T D.B. 231 P. 175 VPSC HWPB XI P. 317-319 THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SOME EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. TMP 76-46F IS ZONED: COMMERCIAL OFFICE TMP 76-46F IS IN THE SCOTTSVILLE MAGISTERIAL DISTRICT TMP 76-46F IS IN THE MOORES CREEK WATERSHED TMP 76-46F IS IN THE AIRPORT IMPACT AREA TMP 76-46F IS 1N THE ENTRANCE CORRIDOR OVERLAY TMP 76-46F IS IN THE STEEP SLOPES OVERLAY, MANAGED BUT NOT PRESERVED TMP 76-46F 1S IN THE DAM INUNDATION ZONE OWNERS' APPROVAL: THE PLATTING OR DEDICATION OF THE FOLLOWING LAND, NEW SWM FACILITY EASEMENT AND NEW SWM FOREST AND OPEN SPACE EASEMENT, ON A PORTION OF TAX MAP 76 PARCEL 46F, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. REGION TEN C MUNITY DATE .0 Q, D: PyI,�'•,, SERVICES BOARD, INC. =p -••' y`•• A % NOTARY PUBLIC: = CO STATE OF wSSDN•: CITY/COUNTY OF l A. THE FOREGOING WAk ACKNOWLED ED :•.••113112 ••.• ��r,; 20F l BY ME THl ��• OF �� •,•• �, EAL�N�,*`!,• 4 NOTARY PI iC MY COMMISSION EXPIRES: jAft THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X (UNSHADED) (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON FIRM COMMUNITY PANEL 510006 0269 D BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. DATED: FEBRUARY 4, 2005 I HEREBY CERTIFY THAT THIS EASEMENT PLAT, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTAB- LISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS. I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. VICINITY MAP 1" ; 2000' THE SWM FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO THE GUIDANCE SET FORTH BY DEC) 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). �ot�11 � THOMAS LIC. 1328 SHEET 1 OF 2 LIN C LN SURVEYING Innovation. Integrity. Vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TM DATA\ 106005202-EP 17060.PRO 105-0052-02 EASEMENT LEGEND: Cl 03 04 -b4 I i HATCH DESIGNATIONS: DELTA- 37.15'13" DELTA--37.47'26" DELTA. 90.00'00" �: p /� 20' ACSA SANITARY CB-N28.51'66"E CB-529008102"W CB=N86.58'15"W �(�Ga07's1 SE2 SEWER EASEMENT C_35.46' 0=10.52' C=27.68' \i O PI D.B. 789 P. 90 T-18.71' T-8.73' T=19,50' JP�P NEW SWM FACILITY A=36.09' A=16.82' A"30,63' �G �l`�\O EASEMENT 20' DRAINAGE R=55.50' R_25.50' R=19.50' b. PL29 EASEMENT D.B 2188 P. 70, 87 PLAT DETENTION ® EASEMENT D.B. 1565 P. 231 PLAT E44 44' INGRESS AND EGRESS EASEMENT D.E. 2168 P. 70, 87 PLAT 20' SANITARY SE20- SEWER EASEMENT D.B 1665 P. 215, 221 PLAT CO C llfl. 3'E .As 3'IS IF ,y ter• '. 6.86' NEW SWM FACILITY EASEMENT 0.24.4 ACRES DAM REAK, INUNDATION ZONE. NORTH OF LINE L10 N 3890592.79196 1.- - NEW SWM FO 1 1 1 \ REST AND OPEN SPACE EASEMENT ry N 3890847.10065 1 1 ' l"38ld 3 "-"� E 11477285.64602 ,�• - B js888� 1 0 NEW SWM FOREST AND 1 �� C y OPEN SPACE EASEMENT 0.087 ACRES 1 m to o �AC� (JRGI SWM FACILITY o •' r� EASEMENT 0,067 ACRES_ N 3890773.51482 1 1 1 WM ACILIT' p 1 EMENT 1 0.018 ACRES sy�� S41.58'15'E l 6.50' _•Q6 g6'�038 f �' 620-� - 8' �' " r'.^ N• 38Q0677.8'17552 114 • " J---.MEW •.S1NM �FOI�EST• AND.'. � .. _ . - � 4 •• `. OPEIH SPACE 'EASEMENT- . '0',985 ACRES • ry IF • 3.56 :. A PORTION OF TMP 76-46F 8.383 A.C. PLAT SHOWING A NEW SWM FACILITY EASEMENT AND NEW SWM FOREST AND OPEN SPACE EASEMENT ON A PORTION OF TAX MAP 76 PARCEL 46F LOCATED ON STATE ROUTE 780 ALBEMARLE COUNTY, VIRGINIA DECEMBER 9, 2016 REVISED FEBRUARY 2, 2017 REVISED FEBRUARY 13, 2017. REVISED FEBRUARY 24, 2017 REVISED MARCH 1, 2017 AREA TABULATIONS: / 06¢SG= A ol. js2'2- i2- AA- 3 59i' 1 0.067 AC - - NEW SWM FACILITY EASEMENT +0.018 AC - - NEW SWM FACILITY EASEMENT +0,244 AC - -NEW SWM FACILITY EASEMENT =0.329 AC - - TOTAL NEW SWM FACILITY EASEMENT 0.067 AC - - NEW SWM FOREST AND OPEN SPACE EASEMENT +0.985 AC - - NEW SWM FOREST AND OPEN SPACE EASEMENT _ i]ci7 AC - _ Tn I AI nnCCr Awrn nnr_�i az z° z QO irN 0 a� MNF N 3890827.13447 LINE BEARING DISTANCE Li N48.17'25"E 30.00' L2 S65"07'10"E 9.89, L3 N41.58'15"W 13.00' L4 S79056'07"E 16.99, L5 S64.12'08"E 12.15' L6 848.01'45"W 22.88' L7 S68052'12'E 17.36' L8 S59625'45'E 23.04' L9 S73"42'48"W 20.50' L10 S85.00'12"W 18.05, Lll N41.42'35"W 67,48' L20 N41.58'15'W 62.12' L21 N48001'46"E 20.63' L22 S58.15'45"E 35.15' L23 S67.15'31"E 12.70' L24 S86.36'14"E 21.05' L26 S76.20'040E 12.51' L26 810.14'18"W 9.38' L27 S48001'45"W 15.23' TMP 76-54A1 ASH UNIVERSITY PLACE, L,P D.B. 4580 P. 539 D.B. 2168 P. 105 PLAT N 3890721.44068 o o � \h \ �b Cm' TMP 76-46A GAMBIT, L.L.C. AND SNOW PAWS, LLC D.B. 4673 P. 270 D.B. 3038 P, 96-97 PLAT D.B. 2168 P. 105 PLAT LEGEND: IF = IRON FOUND IS = IRON SET MNF MAG NAIL FOUND SWM = STORMWATER MANAGEMENT LINO h LN SURVEYING Innovation. Integrity. Vision. CIRCLE 310 i9 CHARLOTTESVILLE,RVIRGNIA 22901 OFFICE: 434-974-1417 SHEET 2 OF 2 TM DATA\ 105005202-EP i7060.PRO 105-0052-02 RECORD ALIN CLERKS B MARLS OFFICE OF APRIL 5, 2011 at 2:04V PM AS REQUIRED BY VAOCOD $ �1-802 STATE: $0.00 ALBEMARLE C U VA . A .inN R. ZUG fr