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HomeMy WebLinkAboutSUB201800221 Easements 2019-07-23Andy Herrick To: Cameron Langille Cc: Frank Pohl Subject: RE: Woolen Mills Easement Deeds Cameron, Having made the change, I aIn now returning both signed deeds and all copies of the plat to your mailbox. Please record the drainage deed first (with the plat attached), then the forest/open space deed. Andy Herrick Deputy County Attorney Notice: This enmil may contain attolliev-client privileged information, privileged work product, or oilier confidenti l information. It. is intended only for the designated recipient. Ir you receive this message and are not a designated recipient you are ruluested to delete this niessage inmiediately and notify me that you have received this by mistake. Tank vou. From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, July 23, 2019 2:40 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: FW: Woolen Mills Easement Deeds Andy, Please refer to owner's response regarding changing the first page of either of the deeds for the referenced project. Please confirm when ready for us to pick up and route to Jeffs office for his signature, assuming you are not routing it for us. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: kaob@comcast.net <kaob Pcom cast. net> Sent: Tuesday, July 23, 2019 2:22 PM To: Frank Pohl <f ohl albemarle.or >; Cameron Langille <blan ille albemarle.or > Subject: RE: Woolen Mills Easement Deeds Yes please From: Frank Pohl <fpohlfr?albemarle.ore> Sent: Tuesday, July 23, 2019 2:17 PM COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 - Date: July 12, 2019 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB201800221 Tax Map Parcels — Easement Plat Date Submitted: Julv 12.2019 Dear Mr. Herrick: The applicant has prepared and submitted a Deed of Dedication and Easement for a New Variable Width Forest & Open Space Easement on Tax Map Parcel 07700-00-00-040B0. They have also submitted a Deed of Dedication and Easement for a new Public Drainage Easement on Tax Map Parcel 07700-00-00-040130. The County Attorney's office has previously reviewed these items and these are the signature copies. Please review and sign these documents at your earliest convenience. Thanks, Cameron Langille Senior Planner Ext. 3432 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 07700-00-00-040B0 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this 1�day of June, 2019, is by and between ELEMENTAL ECOTECH, LLC, a Virginia limited liability company, 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 located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New 20' Public Drainage Easement Hereby Dedicated to Public Use," shown on the plat of Timothy Ray Miller, C.L.S. of Meridian Planning Group, LLC, dated November 21, 2018, last revised March 28, 2019, a copy of which is attached hereto and 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 Easement is described further as a portion of that certain lot or parcel of land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, designated as TMP 77-40B (hereinafter, the "Property") on a plat by Dominion Engineering, dated October 24, 2011 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4111, page 180, also being the same property conveyed to the Grantor herein by deed of Reality IX, LLC, recorded in said Clerk's Office in Deed Book 4796, page 325; and WHEREAS, the Grantor desires to vacate and abandon the existing "20' Private Storm Sewer Easement" set forth in that certain Deed of Easement dated June 16, 2017, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4935, pages 90- 99, and to dedicate a New 20' Public Drainage easement as shown on the Easement Plat; WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to EMLtr-u—ct reconstruct install maintain re air change, alter and r lace the lm rovements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Owner shi of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of in=ss and egLess. 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. Rigig to inspea maintain and operate the hp rovements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement_ premises. The Grantee shall have the right within the Easement 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 backfilling of trenches, the replacement of fences and shrubbery, the re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement 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, but be required only to repair or replace groundcover within the Easement 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 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 section 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 Section 6 except as expressly provided in this section. 6. Right of Grantor to maintain the Easement prgmises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcover, 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 premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on and across the Property in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivi • restrictions. The Easement conveyed herein 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 within the Easement 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. 9. Grantee's rit to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. B' din 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 this conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. SIGNATURES BEGIN ON THE FOLLOWING PAGE GRANTOR: ELEMENTAL ECOTECH, LLC a Virginia Wited liability company By: KeVrn A. O'B en, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this 11r day of June, 2019 by Kevin A. O'Brien as Manager of Elemental Ecotech, LLC, a Virginia limited liability comnanv. Grantor. My Commission Expires: &s / z2 t Registration number: �,E—t Notary Public SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA (jjZj'j B: Y Je.-Richaidson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this lday ofJ=mh 2019 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: . 251, ao Registration number: 6,-:). Approved as to form: nl County Attorney I'Lp—� ��ubl�ic�� CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION # 7153762 COMMONWEALTH OF VIRGINIA f 1v1Y COMMISSION EXPIRES OCTOBER 31, 2Q19 -7h7 Z0 ! � Date This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID 07700-00-00-040BO This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Court Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT, dated this 261h day of June, 2019 is by and between ELEMENTAL ECOTECH, LLC, a Virginia limited liability company, 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 located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New Variable Width Forest and Open Space Easement," (hereinafter, the "Easement") on the plat of Meridian Planning Group, LLC, dated November 21, 2018, last revised March 28, 2019 (hereinafter, the "Plat"), a copy of which is recorded immediately prior hereto. Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement is described further as a portion of that certain lot or parcel of land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Parcel ID 07700-00-00-040BO (hereinafter, the "Property"), acquired by the Grantor herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4796, page 325; and WHEREAS, the Grantor desires to vacate and abandon portions of the existing Variable Width Forest and Open Space Easements set forth in that certain Deed of Easement dated June 16, 2017, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4935, Pages 90-99, and to dedicate new Forest and Open Space easements as shown on the Easement Plat; WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities 1 Version: 05/23/19 and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 4912, page 155, 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 WHEREAS, the Maintenance Agreement also provides in part that, if the Grantor, its successors and/or assigns fails to maintain the stormwater management/BMP facilities in good condition acceptable to the County, the County may enter 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, for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the Grantee does hereby RELEASE, VACATE and ABANDON all its right, title and interest in and to the easements shown and described on the Easement Plat as follows: "Ex. Variable Width Forest and Open Space Easements DB 4935 PG 90 Hereby Vacated." FURTHER, 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, the perpetual easement(s) as shown on the Plat. The Easement shall be subject to the following: 1. Right of in reed 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 that 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. PJ Version: 05/23/19 3. No obligation on Grantee to insect 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 managementBMP facilities sub j ect to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee may assign this Easement as its interests may require. 5. Binding effect. The Easement and the rights and obligations established herein run with the land in perpetuity, and are 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, include the Grantee's officers, employees and agents. 6. Termination of Easement. If the Grantor, or its successors or assigns, desires to alter or vacate a portion or all of the Easement(s), the Easement(s) may be adjusted accordingly if the County Engineer has certified in writing that the proposed modifications meet the requirements of 9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be amended in the future. In addition to meeting these requirements, the Grantor shall mitigate for any loss of nutrient credit reductions provided in the stormwater calculations for the Property described in the Maintenance Agreement as a result of such alteration or vacation. Upon termination of any portion of the Easement, any residue of the Easement shall remain subject to this Deed of Dedication and Easement. The termination of any portion of the Easement shall be recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon approval of the Albemarle County Attorney. 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. 3 Version; 05/23/19 WITNESS the following signatures. GRANTOR: ELEMENTAL ECOTECH, LLC a Virginia ' 'ted liability company w By: Kevin A. O'Brien, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF j( The foregoing instrument was acknowledged before me this )/ day of June, 2019 by Kevin A. O'Brien as Manager of Elemental Ecotech, LLC, a Virginia limi 'ability company, Grantor. Notary Public My Commission Expires: oZ <: Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 05/23/19 GRANTEE: COUNTY MALBEMARLE, VIRGINYA By: eRardson County Executive COMMONWEALTH OF VIRGINIA CITY/C� OF e bac I rife-L-k '14 k a. :31 The foregoing instrument was acknowledged before me this f$ day of Juw, M19 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires:�i1�� Registration number: !I I Fjj>'1%,a. Approved as to Form: 7 �y ^ 'XI7A 7/201 County Attorney Date No Public CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION IV 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31. 2019 Version: 05/23/19