HomeMy WebLinkAboutSUB201700085 Easements 2017-08-22COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Phone (434) 296-5832 Charlottesville, Virginia 22902-4596
Fax (434) 972-4126
Date: August 22, 2017
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
AUi, 2 3 2017
Hi l 0 li - C;D OFTICE
Project Name: SUB201700085 — UVA Research Park Town Center 4— Final Plat
Date Submitted: 08/22/2017
Dear Mr. Blair:
The applicant has prepared and submitted a Private Street Maintenance Agreement and Deed of
Easement for a sight distance easement the above named project. A draft of both documents were
reviewed and approved by your office on July 20, 2017. The applicant has since obtained owner
signatures on the plat and all associated deeds and agreements. The Deed of Easement for the sight
distance easement has a signature box for County Attorney signature. A copy of the plat is enclosed, and
the Deed of Easement is located on top of the plat.
The applicant submitted a Certificate of Plat, Private Street Maintenance Agreement, and a Deed of
Easement for proposed ACSA easements with owner signatures. These are also enclosed in the attached
folder behind the plat for your review, if desired.
Please review this document at your earliest convenience.
Thanks,
meron Langille
Senior Planner
Ext. 3432
Prepared by: Connor Childress (VSB #88441)
ScottlKroner, PLC, 418 E. Water St.
Charlottesville, VA 22902
TMP: 03200-00-00-019GO (portion); 03200-00-00-006AO (portion)
DEED OF EASEMENT
(and partial vacation of easement)
THIS DEED OF EASEMENT is made and entered into this day of
2017, by and between UNIVERSITY OF VIRGINIA FOUNDATION, hereinafter referred
to as "Grantor", and ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision Of the
Commonwealth of Virginia, whose address is 168 Spotnap Road, Charlottesville, VA 22911,
hereinafter referred to as "Grantee"_
WITNES SETH:
That, for and in consideration of the sum of One Dollar ($1.00), and other good
and valuable consideration, the receipt of which is acknowledged, the Grantor hereby GRANTS,
BARGAINS, SELLS AND CONVEYS unto the Grantee, its successors and assigns, with
General Warranty of Title, perpetual rights of way and easements, centered twenty feet (201) in
width, to construct, install, maintain, repair, replace, and extend a water line consisting of pipes
and appurtenances thereto; PROVIDED HOWEVER, that it is expressly understood and agreed
that the Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until
such time as the same shall have been evidenced by the affirmative acceptance thereof in
accordance with the usual and customary practices of the Grantee.
Reference is made to the plat, consisting of seven (7) sheets, entitled "Subdivision
Plat, Town Center 4, At The University of Virginia Research Park, Containing 6.848 acres, Rio
Magisterial District -- Albemarle County, Virginia," prepared by Kirk Hughes & Associates,
dated May 11, 2017, last revised on July 18, 2017,which was recorded in the Clerk's Office of
the Circuit Court of Albemarle County, on 2017, as Instrument No.
and to which reference is made for the exact locations and dimensions of
said permanent easements as they cross the property of the Grantor and such vacated easements
as are referred to hereafter.
Grantor, for itself and its successors or assigns, agrees that no new trees, shrubs,
fences, buildings, overhangs or other improvements or obstructions shall be placed within the
easements conveyed herein; provided, Grantor shall be allowed to place pavement, curb, and
gutter in such easement areas. As a part of these easements, the Grantee shall have the right to
enter upon the above -described property within the easements for the purpose of constructing,
installing, maintaining, repairing, replacing and extending water lines and appurtenances thereto
within such easements, and the right of ingress and egress thereto as reasonably necessary to
construct, install, maintain, repair, replace and extend such water lines. If the Grantee is unable
reasonably to exercise the right of ingress and egress over the right-of-way, the Grantee shall,
have the right of ingress and egress over the property of the Grantor adjacent to the right-of-way.
Whenever it is necessary to excavate earth within any easement, the Grantee
agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface
conditions as nearly as practical to the same condition as prior to the excavation, including the
restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation.
The easements provided for herein shall include the right of the Grantee to cut any
trees, brush and shrubbery, remove obstructions and take other similar action reasonably
necessary to provide economical and safe water line and sewer line installation, operation and
maintenance. The Grantee shall have no responsibility to the Grantor, its successors or assigns,
to replace or reimburse the cost of said trees, brush shrubbery or obstructions if cut, removed or
otherwise damaged.
The facilities constructed within the perpetual easement shall be the property of
the Grantee which shall have the right to inspect, rebuild, remove, repair, improve and make
such changes, alterations and connections to or extensions of its facilities within the boundaries
of the permanent easement as are consistent with the purposes expressed herein.
The Grantor hereby transfers and dedicates to the Grantee, its successors and
assigns, all of its right, title or interest in the water lines, pipes and appurtenances thereunto
pertaining.
The Grantee hereby quitclaims and releases to Grantor all of its right, title and
interest, if any, in those areas identified on the plat with the legend "portion of existing waterline
easement hereby vacated" being a portion of a waterline easement shown on the plat recorded in
Deed Book 3792, Page 300 of the Clerk's Office of the Circuit Court of Albemarle County.
WITNESS the following signatures and seals:
UNIVERSITY OF VIRGINIA FOUNDATION
By: 1 ivL SEA `
{ L}
Tim R. Rose, Chief Executive Officer
ALBEMARLE COUNTY SERVICE AUTHORITY
By: (SEAL)
Community Development Document Review
County Attorney's Office
TO: Cameron Langille, Senior Planner
PROJECT NUMBER: SUB2017-
You have requested that our office review the attached development document identified below. -
Drainage easement
Shared parking agreement/easement
Open space/greenway easement
Dedication of right-of-way
Parcel determination
_X Other: Deed of Sight Easement and Declaration of Covenenats.
The document:
X— is approved
is conditionally approved with minor edits shown on the attached or noted in the comment below
is conditionally approved and ready to be circulated for signatures and acknowledgements
is conditionally approved with minor edits shown on the attached or noted in the comment below and ready
to be circulated for signatures and acknowledgements
is not approved because:
Signatures or acknowledgement need to be redone (see comment below)
Legal description needs to be revised (see comment below)
Other (see comment below)
WAM.rll�u`
19.
Countyuty
Attorney
Date: 0` 2 /
Prepared by: ScottKroner, PLC
Connor J. Childress (VSB #88441)
418 E. Water Street
Charlottesville, VA 22902
TMP 03200-00-00-0I9G0; 03200-00-00-006AO (portion)
DEED OF EASEMENT
THIS DEED OF EASEMENT is made and entered into this day of
20I7, by and between UNIVERSITY OF VIRGINIA FOUNDATION, hereinafter referred to as "Grantor,"
and THE COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, whose address is 401 McIntyre Road, Charlottesville, VA 22901, hereinafter referred to as
"Grantee."
WITNESSETH:
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 property shown and designated in two places as a "New
Sight Distance Esm't" (hereinafter, the "Sight Easement") to be
dedicated to public use, shown on Sheet 1, 2, and 4 of the plat consisting
of eight (8) sheets (including the cover page), entitled "Subdivision Plat,
Town Center 4, At The University of Virginia Research Park, Containing
6.848 acres, Rio Magisterial District -- Albemarle County, Virginia,"
prepared by Kirk Hughes & Associates, dated May 11, 2017, with a last
revised date of July 18, 2017, which was recorded in the Clerk's Office
Of the Circuit Court of Albemarle County, on 2017, as
Instrument No. and to which reference is made for
the exact locations and dimensions of said permanent easements as they
cross the property of the Grantor (hereinafter, the "Plat").
WHEREAS, it is the desire and intent ofthe Grantor to dedicate, grant and convey the
Sight Easement for public use in accordance with this Deed of Easement and as shown on the PIat;
and
NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10),
cash in hand paid; and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor hereby GRANTS, CONVEYS, and DEDICATES to public use with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors
and assigns, perpetual easements as shown on the Plat and as referred to herein as the Sight
Easement.
The Sight Easement shall be subject to the following:
1. Obstructions. The Grantor agrees that, within the Sight Easement, no structures or
plantings shall be placed which would obstruct the line of sight along Lewis and Clark Drive at an
elevation equal to or exceeding thirty (30) inches above ground level.
2. Right of Grantor to maintain the Easement premises. The Grantor shall have the
right to perform routine maintenance of the Sight Easement, including the removal of trash and
landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic
improvements desired by the Grantor that are not inconsistent with the rights herein conveyed.
3. Grantee's right to assip. The Grantee shall have the right to assign the Sight
Easement as its interests may require.
4. Binding effect. The Sight 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 of the Board of Supervisors of Albemarle County, does hereby accept the Sight Easement
conveyed by this deed.
WITNESS the following signatures and seals:
THE UNIVERSITY OF VIRGINIA FOUNDATION
By: ` AAR SEAL)
Tim R. Rose, CEO
CO TY OF ALBEMARLE, VIRG IA
By 64��-- (SEAL)
u n Equ kT) ✓c,
A o d as to form:
7Z
CotJiy Attorney
COMMONWEALTH OF VIRGINIA
C-IT-VICOUNTY OF A (be
Subscribed, sworn, and acknowledged before me this JLI�_ day of u f,.i 2017, by
Tim R. Rose, CEO of University of Virginia Foundation, on behalf of the FoUndation, Grantor.
My Commission Expires:
i 2'- 31-�.0Zo
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
N t Public
MARY J DREDDER
NOTARY PUBLIC
REG.#7079041
COMMONWEALTH OF VIRGINIA
MT COMMISSION EXPIRES DEC. 31, 2020
The foregoing instrument was acknowledged before me this (c) day of
2017by C•e,' `,onbehalf oftheCounty of
Alb marle, Virginia, Grantee. da'lo
4, ,*v,1►11111111 f iff"f
Notary Public �,�trlE 8,'%,,
My Commission Expires: 5t) 1� dl? l
TMP 03200-00-00-006AO (portion); 03200-00-00-0019GO (portion)
CERTIFICATE OF PLAT
The attached Subdivision Plat made by Kirk Hughes & Associates, dated May 11,
2017, with a last revised date of July 18, 2017, consisting of eight (8) sheets (including the cover
sheet), entitled "Subdivision Plat, Town Center 4, At The University of Virginia Research Park,
Containing 6.848 acres, Rio Magisterial District -- Albemarle County, Virginia," is hereby
confirmed and submitted for record in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia.
Given under my hand this Z 1 sT day of 2017.
UNIVERSITY OF VIRGINIA FOUNDATION,
a Virginia non -stock corporation
By:
Tim R. Rose, UhlidE ecutive Officer
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE, to -wit:
The foregoing instrument was acknowledged before me this ST day of
2017, by Tim R. Rose, Chief Executive Officer of University of Virginia
Foun ation, a Virginia non -stock corporation, on behalf of the corporation.
My commission expires: I a � $1 ao�,.o
Notary registration number: :1 (y-1 q qS I
im
Notary Pube U
MARY .! BREDDER
NOTARY PUBLIC
REG. #7079041
COMMONWEALTH OF VIRGINIA
MY COWNSSION EXPIRES DEC. 31, 2020
COMMONWEALTH OF VIRGINIA
COUNTY/eFW OF l
Subscribed, sworn, and acknowledged before me this Lff day of e u -{--
2017, by Tim R. Rose, Chief Executive Officer of University of Virginia Foundation, on behalf
of the University of Virginia Foundation.
My commission expires: � a, - 31 -A 0—a C)
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF
Notary Publi
MARY J BREDDER
NOTARY PUBLIC
REG. #7679041
COMMONWEALTH OF VIRGINIA
MY COMIMSSION EXPIRES DEC. 31. 2020
Subscribed, sworn and acknowledged before me this day of _
2017, by Authority, on behalf of the Authority. of Albemarle County Service
My commission expires:
Notary Public
Prepared by: Scott Kroner, PLC
Connor J. Childress (VSB #88441)
418 E. Water Street
Charlottesville, VA 22902
Tax Map Parcels 03200-00-00-006AO (portion), 03200-00-00-019G0, 03200-00-00-019J0;
03200-00-00-01911
SUPPLEMENTAL DECLARATION
AND
PRIVATE STREET MAINTENANCE AGREEMENT
This SUPPLEMENTAL DECLARATION AND PRIVATE STREET MAINTENANCE
AGREEMENT (hereinafter, the "Agreement") is made this day of
2017, by UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia non -stock corporation
(hereinafter, the "Declarant," and both "Grantor" and "Grantee" for indexing purposes) whose
address is. P.O. BOX 400218, Charlottesville, Virginia 22904-4218.
Recitals
R-1. University of Virginia Research Parks, Inc., was the Declarant under that certain
Declaration of Covenants, Conditions, and Easements dated January 1, 1999, of record in the
Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1819, page
434 (the "Declaration"). University of Virginia Foundation is successor, by merger, to
University of Virginia Research Parks, Inc.
R-2. Pursuant to the provisions of Article III of the Declaration, the Declarant reserved
the right, in its sole discretion, to make Supplemental Declarations to subject the Property, or
portions of the Property, to Supplemental Declarations containing such covenants, restrictions
and easements as Declarant, in its sole discretion may determine.
R-3. Pursuant to the deed recorded in the Office of the Clerk of the Circuit Court of
Albemarle County, Virginia, in Deed Book 2712, Page 325, Declarant is the owner of parcels of
land designated in the land records of Albemarle County as Tax Map Parcel 32-6A, Tax Map
Parcel 32-19G (hereinafter "Town Center I"), Tax Map Parcel 32-19J (hereinafter "Town Center
II"), and 32-19J1 (hereinafter "Town Center III").
R-4. Tax Map Parcel 32-6A will be subdivided by the Declarant into two lots and a
portion of Town Center I will be recombined with the subdivided portion of Tax Map Parcel 32-
6A, as shown and described on that certain plat by Kirk Hughes and Associates, dated May 11,
2017, with a last revised date of July 18, 2017, a copy of which is recorded in the
aforementioned Clerk's Office as Instrument # (hereinafter the "Plat"),
the lots being more particularly shown on the Plat as "Town Center 4" containing approximately
6.848 Acres," (hereinafter "Town Center IV"), "TMP 32-6A," being the residue of Tax Map
Parcel 32-6A and containing 455.852 acres, more or less (hereinafter "TMP 32-6A Residue"),
and Town Center I, as revised containing approximately 4.731 acres.
R-5. The private street easement shown on the Plat as "Research Park Blvd 66' Private
Street Easement," will be a combination of new and existing sixty-six (66) foot wide non-
exclusive ingress and egress easement for the use and benefit of Town Center I, Town Center II,
Town Center III, Town Center IV, and TMP 32-6A Residue.
R-6. In order to provide for the maintenance and repair of the private road providing
access to Town Center I, Town Center II, Town Center III, and Town Center IV from Lewis &
Clark Drive, a state road, and the Storm Water Easement (as hereinafter defined) Declarant
desires to subject to the covenants, restrictions, easements, charges and liens hereinafter set forth,
the Town Center I parcel, Town Center II parcel, Town Center III parcel, and Town Center IV
Parcel, all as shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby declares that Town Center I, Town Center IL Town
Center III, and Town Center IV shall be held, transferred, sold, conveyed and occupied subject to
the covenants, restrictions, easements, charges and liens set forth in the Declaration, as the same
may be amended or supplemented from time to time, which are for the purpose of protecting the
value and desirability of and which shall run with the real property submitted by this
Supplemental Declaration to the Declaration, and which shall be binding on all parties having
any right title or interest in the described properties or any part thereof, their heirs, successors,
successor -in -title and assigns, and shall inure to the benefit of each owner thereof.
Further, Declarant hereby imposes upon, and for the the benefit of the owners of Town
Center I, Town Center II, Town Center III, Town Center IV and TMP 32-6A a new 20' storm
water easement in the areas shown on Sheet 3, 4, 5, and 6 of the Plat and labeled as "New
20'Storm Esm't" (the "Storm Water Easement"), for the discharge of storm water through the
pipes located or to be located in the Storm Water Easement. Pursuant to the authority reserved to
it in the Declaration, Declarant hereby designates the Storm Water Easement as a Limited
Common Area as such term is defined in the Declaration. The Storm Water Easement will be
maintained as provided in the Declaration. The owner(s) of Town Center I, Town Center II,
Town Center III, and Town Center IV, and their respective successors and assigns, shall be
equally responsible for the cost of the maintenance and repair of all storm water lines installed in
the Storm Water Easement.
And, further, Declarant hereby imposes upon, and for the benefit of the owners, tenants,
guests, and invitees of, Town Center I, Town Center II, Town Center III, Town Center IV, and
TMP 32-6A Residue a sixty-six (66) foot wide non-exclusive easement, as more particularly
shown on the Plat (hereinafter the "Street"), for ingress from and egress to Lewis and Clark
Drive. Pursuant to the authority reserved to it pursuant to the Declaration, Declarant hereby
designates the Street as a Limited Common Area as such term is defined in the Declaration.
The Street shall be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum sixty-
six (66) foot wide base of pavement, and maintained in perpetuity to substantially the
same condition it was in when approved by the County. The travelway shall at all times
z
be maintained so that it is safe and convenient for passenger automobiles and emergency
vehicles at all times except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument, "maintenance" includes the
maintenance of the Street, and all curbs, curbs and gutters, drainage facilities, utilities,
dams, bridges and other private street improvements, and the prompt removal of snow,
water, debris, or any other obstruction so as to keep the Street reasonably open for usage
by all vehicles, including emergency services vehicles. The term "to maintain," or any
derivation of that term, includes the maintenance, replacement, reconstruction, and
correction of defects or damage.
COST OF MAINTENANCE: The owners, and their successors and assigns, of
Town Center I, Town Center II, Town Center III, and Town Center IV shall be equally
responsible for the cost of the maintenance of, and or repair to, the Street, from its origin
at the intersection of the Street with the public right of way shown on the Plat as "Lewis
and Clark Drive" to its terminus in a cul-de-sac adjacent to Town Center IV, as more
particularly shown on the Plat. Any further division of Town Center I, Town Center II,
Town Center III, Town Center IV, or TNT 32-6A Residue may result in a reassessment
of such cost, as the Declarant may direct pursuant to authority reserved to it under the
Declaration; and, upon formation of the Association described in the Declaration, the cost
thereof shall constitute a proper cost of the Association to be allocated among the
members of the Association as provided in the Declaration, as amended and
supplemented from time to time. No public agency, including the Virginia
Department of Transportation and the County of Albemarle, Virginia, will be
responsible for maintaining any improvement identified herein.
WREN TO MAINTAIN: After the initial construction of the Street, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of
all owners, provided that in the event that one of the owners determines that the Street is
not safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Street, such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street. Notwithstanding the
foregoing, upon formation of the Association described in the Declaration, any further
construction, maintenance or repair shall be undertaken as provided in the Declaration, as
amended and supplemented from time to time.
DEFAULTING OWNER(S): If any owner shall fail to pay its proportionate share
of the costs of maintenance or repair for which such owner is responsible, as provided
hereinabove, any other owner not in default, or the person or corporation performing such
maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay its proportional share of maintenance or repair.
The amount due by any delinquent owner shall bear interest at the maximum judgment
rate provided by law from the date of completion of the maintenance; and the delinquent
owner shall be liable to pay all costs of collection, including reasonable attorney's fees.
Notwithstanding the foregoing, upon formation of the Association described in the
Declaration, collection of regular and special assessments shall be the responsibility of
the Association in accordance with the provisions set forth in the Declaration, as
amended and supplemented from time to time.
And, further, Declarant hereby vacates the ingress/egress easement that was previously a
part of the Street but is shown as "Portion of Existing Private Street Easement Hereby Vacated"
on Sheet 6 and 7 of the Plat.
It is the intention of the Declarant that the easements granted herein will not merge with
title to the property encumbered/benefitted herein in the event title to the dominant and servient
estate are held by the same person and/or entity.
[The balance of this page is intentionally blank.]
IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration and
Private Street Maintenance Agreement to be executed on its behalf by its duly authorized agent.
UNIVERSITY OF VIRGINIA FOUNDATION
By: k ! Vet '� - li��v
Tim R. Rose, Chief Executive Officer
COMMONWEALTH OF VIRGINIA AT LARGE
C- FFY/COUNTY OF - V)- � 6e nn c, ,r ) , to -wit:
The foregoing Supplemental Declaration and Private Street Maintenance Agreement was
acknowledged before me this Zi f'day of -t , 2017, by Tim R. Rose, Chief
Executive Officer, University of Virginia Foundation, a Virginia non -stock corporation, on
behalf of the corporation.
DI) [ d Af
Notary Publi
MARY J BREDDER
My commission expires: I - a a NOTARY PUBLIC
REG. #17679Q4t
COMMONWEALTH OF VIRMNIA
Notary registration number: i h q p MY COMMISSION EXPIRES DEC. 31, 2020