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HomeMy WebLinkAboutWPO201800026 Other 2019-08-08This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel 07700-00-00-011F0 DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this day of by and between DESTINY OF LYNCHBURG LLC, 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 "Easement(s)") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "SWM Facility Maintenance & Access Easement" to be dedicated to public use, shown on the plat of Survey Matters, LLC, dated August 3, 2018 and last revised February 5, 2019, entitled Easement Plats — Caliber Collision, a copy of which is attached hereto to be recorded with this deed as Exhibit A (hereinafter, the " Basement(s)" and the "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property 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 Tax Map Parcel 07700-00-00-011F0, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4137, page 325, hereinafter called the "Property"; 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 5203, page 0061, in which the Grantor has agreed to construct and maintain on -site stormwater managementBMP 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 managementBMP facilities whenever the County deems necessary; and 1 Version: 11/14/18 WHEREAS, the Maintenance Agreement also provides in part that, in the event the Grantor, its successors and assigns, fails to maintain the stormwater managementBMP 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; and 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. Ri hg tigress and e rg ess. 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 managementBMP 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. 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 managementBMP facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. 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 2 Version: 11/14/18 respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes 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 certifies 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(s), any residue of the Easement shall remain subject to this Deed of Dedication and Easement. The termination of any portion of the Easement(s) 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: 11/14/18 WITNESS the following signatures. GRANTOR: DESTINY OF LYNCHBURG LLC Ludwig Kuttner Its: Member & Managing Partner Bv: Name: Scott Leopold Its: Member & Managing Partner COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of , by Ludwig Kutmer, Member and Managing Partner, on behalf of Destiny of Lynchburg LLC. Notary Public My Commission Expires: Registration number: COMMONWEALTH OF VIRGINIA COUNTY OF The foregoing instrument was acknowledged before me this day of by Scott Leopold, Member and Managing Partner, on behalf of Destiny of Lynchburg LLC Notary Public My Commission Expires: Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 11/14/18 GRANTEE: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive The foregoing instrument was acknowledged before me this day of , by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia, Grantee. My Commission Expires: Registration number: Approved as to Form: County Attorney Date 5 Notary Public Version: 11/14/18 EXHIBIT A PLAT