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HomeMy WebLinkAboutSUB201800221 Easements Recorded Plat 2018-12-03 VIRGINIA LAND RECORD COVER SHEET FORM A—COVER SHEET CONTENT RECORDED IN Instrument Date: 6/26/2019 ALBEMARLE COUNTY, VA Instrument Type: DE JON R. ZUG Number of Parcels: 1 Number of Pages: 5 CLERK OF CIRCUIT O�RT FILED Jul 24, 2019 [ ]City pq County AT 03:27 pm ALBEMARLE COURT BOOK 05198 TAX EXEMPT? VIRGINIA/FEDERAL LAW START PAGE 0045 [X Grantor: 58.1-811A3 END PAGE 0050 [Xq Grantee: 17.1-266 INST # 201900007829 Consideration: $0.00 TOTAL NUM PAGES 0006 Existing Debt: $0.00 Actual Value/Assumed: $0.00 EMJ PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: 4935 Original Page Number: 90 Original Instrument Number: Prior Recording At: [ ] City IX County ALBEMARLE Percentage In This Jurisdiction: 100% BUSINESS/NAME 1 [xi Grantor: ELEMENTAL ECOTECH, LLC [ ] Grantor: 1 pQ Grantee: COUNTY OF ALBEMARLE, VIRGINIA [ ]Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA Address: 401 MCINTIRE RD City: CHARLOTTESVILLE State: VA Zip Code: 22902 Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 07700-00-00-040B0 Tax Map Number: 07700-00-00-040B0 Short Property Description: Current Property Address City: CHARLOTTESVILLE State: VA Zip Code: 22902 Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: FEDERAL PROPERTY COMPANY INC Recording Returned To: ALBEMARLE COUNTY ATTORNEY Address: 401 MCINTIRE ROAD City: CHARLOTTESVILLE State: VA Zip Code: 22902 ' 'I 1 r'll III ii 1 II°111 l: 11 I li:1 Vii �I ,I ', 1I. 'i +iiii , I ',� ' II i `T , ir no Ill!: IAI i.lir 1 FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright©2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Parcel ID 07700-00-00-040B0 This deed is exempt from taxation under Virginia Code § 58.1-81 1(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 26th 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 07700-00-00-040B0 (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 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 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. 2 Version:05/23/19 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 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 1. ited liability company By: Key A. O'Brien, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF gi.e/e SU, /(t .• The foregoing instrument was acknowledged before me this AT day of June, 2019 by Kevin A. O'Brien as Manager of Elemental Ecotech, LLC, a Virginia limite iability company, Grantor. ec-f4,Z.Vi-,04/e Notary Public My Commission Expires: ?/?//oZ U a 1 Registration number: 77/CcYy `��%%t UIIUtu,,,,,,. *G, 0,e�g4'VS S. r>>t :N 9e . �., F.6'..OF"v,RG``,```�. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version:05/23/19 GRANTEE: COUNTY ALBEMARLE, VIRGINIA By: effrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/G9UTY OF hOrIt Q,A)illy S1iLy The foregoing instrument was acknowledged before me this I<R day of June, 2019 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. No Public My Commission Expires: N1'£31, QOIct SKEEN Registration number: 1153'1ea NO AY YLPUBLIIC REGISTRATION# 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES Approved as to Form: OCTOBER 31, 2019 1 .,‘ 7 /7 Wi9 County Attorney Date INSTRUMENT 0201900007829 RECORDED ALBEMARLE CO CIRCUIT COURT CLEM'S OFFICE Jul 24,2019 AT 03:27 pm JON R.ZUG,CLERK by EMJ BOOK 05199 PAGE 0046-00060 5 Version:05/23/19