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Home My WebLink AboutWPO201600082 Deed of Dedication and Easement 2017-09-01 f oFAt Official Receipt Albemarle Circuit Court ® Jon R. Zug tilti' 501 E. Jefferson St Esc► Charlottesville, VA 22902 (434) 972-4083 Receipt For:ALBEMARLE CNTY Cashier : MEB Instrument Type: DEC-PL Receipt#: 2017-013622 Instrument#: 201700010202 Date : 09/01/2017 10:54am Book/Page: 04954/0732-00739 Pages : 8 #Plat Pages: 1 Document: 1 of 1 1st Grantor: FTV INVESTMENTS LLC Ex: N 1st Grantee: COUNTY IF ALBEMARLE Ex: N Description: Consideration: 0.00 Assumed Value: 0.00 Pct: 100.00% 1st City: Y Item# A Description Qty_ Unit Cost Extended 301 Clerk Fee 1 0.00 0.00 145 VSLA 1 0.00 0.00 106 TTF 1 0.00 0.00 Document 1 0.00 Grand Total 0.00 Balance 0.00 • Customer Copy Instrument Control Number RECORDED IN ALBEMARLE COUNTY,VA JON R.ZUG CLERK OF CIRCUIT COURT Commonwealth of Virginia FILED Sep 01, 2017 Land Record Instruments AT 10:54 am Cover Sheet- Form A BOOK 04954 START PAGE 0732 [ILS VLR Cover Sheet Agent 1.0.66] END PAGE 0739 T c Date of Instrument: [9/1/2017 ] INST# 201700010202 A 0 TOTAL NUM PAGES 0008 Instrument Type: [DEC-PL ] X R E P Number of Parcels [ 2] Mee X Number of Pages [ 6] E (Box for Deed Stamp Only) M City County El [Albemarle County ] p First and Second Grantors T _ Last Name First Name Middle Name or Initial Suffix x- [FTV Investments, LLC ][ ][ ][ ] ❑ ❑ [ ][ ][ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ® [County if Albemarle ][ ][ ][ ] ❑ ❑ [ ][ ][ ][ ] Grantee Address (Name) [County of Albemarle Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22902 ] Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr.Recorded at: City ❑ County [ ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr.No [ ] Parcel Identification No(PIN) [07600-00-00-055A0 ] Tax Map Num. (if different than PIN) [07600-00-00-055A0 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ][ ] Instrument Prepared by [Albemarle County Attorney ] Recording Paid for by [ ] Return Recording to (Name) [E. Randall Ralston, P.C. ] (Address 1) [943 Glenwood Station Lane ] (Address 2) [Suite 101 ] (City,State,Zip) [Charlottesville ][VA][22901 ] Customer Case ID [ I [ I[ ] Cover Sheet Page#1 of 2 11111111 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T GGC Date of Instrument: [9/1/2017 ] A R R 0 Instrument Type: [DEC-PL ] X A A R N N P Number of Parcels [ 2] E T T X 0 E Number of Pages [ 6] E R E City n County U [Albemarle County ] (Box for Deed Stamp Only) M Grantors/Grantees/Parcel Continuation Form C P T _ _ Last Name First Name Middle Name or Initial Suffix ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] Prior Instr.Recorded at:City ❑ County [ ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No(PIN) [076M1-00-00-00100 ] Tax Map Num. (if different than PIN) [076M1-00-00-00100 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ][ ] Prior Instr.Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ ] Book [ ] Page [ ] Instr.No [ ] Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [ [ Short Property Description [ ] [ ] Current Property Address (Address 1) [ [ (Address 2) [ ] (City,State,Zip) [ ][ ][ ] I 1 � II i Cover Sheet Page#2 of 2 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel 07600-00-00-055A0,076M 1-00-00-001 00 This deed is exempt from taxation under Virginia Code§§58,1-8I I(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this le y of c u1 L,4) f- , 2—�Hby and between FTV INVESTMENTS,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 "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "NEW SWM FOREST AND OPEN SPACE EASEMENT"to be dedicated to public use, shown on the plat of MERIDIAN PLANNING GROUP, LLC, dated August 17, 2017, entitled PLAT SHOWING NEW STORMWATER MANAGEMENT FOREST AND OPEN SPACE EASEMENT FOR PROPERTIES OWNED BY FTV INVESTMENTS, LLC, a copy of which is attached hereto to be 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 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 Tax Map Parcel 07600-00-00-055A0, 076M1- 00-00-00100, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4278,page 243, 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 Storrnwater Management Facilities and Other Techniques" (hereinafter, the"Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 4909, page 508, in which the Grantor has agreed to construct and maintain on-site stommwater 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 1 Version:03/3 I/17 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. 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 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 . Version:03/31/17 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 may be adjusted accordingly if the County Engineer certified in writing that the proposed modifications meet 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 reside 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. CONTINUED ON THE FOLLOWING PAGE 3 Version:03/31/17 WITNESS the following signatures. GRANTOR: PTV Investments, LL E. Randall Ralston Manager COMMON ALTH OF VIRGINIA CITY/ OUNTY F MIo iGuJ-& • The foregoing instrument was acknowledged before me this I Oday of , 2017 by E. Randall Ralston, Manager, on behalf of FTV Investments,LLC, Grantor. Notary Public My Commission Expires: F1'31 1.2019 Registration number: 7/0,2-5'( 0 \,ut,�1II /,,/o :o F .0 � PA tt OF x; Oj4P��Pi BIB tS tsl s�. SIGNATURES CONTINUE ON THE FOLLOWING PAGE •• Version:03/31/17 GRANTEE: COUNTY OF AL MARLE,VIRGINIA William M. Letteri Intern County Executive Deputy County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this 31st day of August , 2017 by Daniels-C. Waller, kttcpiin Errarrty-EreLuLive,On behalf of the County of Albemarle, William M. Letteri, Deputy County Executive Virginia, Grantee. Notary Public My Commission Expires: June 30, 2021 .4tA,RAl1ou ff4 iy Registration number: 253994 %%IOTAq . Appr ved as to form: %�2;' 9 Gt1BU9 A, :�?�` i O k253 �, `� I ,„,,ALTHl'QF,�,N.s`4frimni � C my Attorney 5 Version:03/3 I/17 INSTRUMENT#201700010202 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Sep 01,2017 AT 10:54 am JON R.ZUG,CLERK by MEB BOOK 04954 PAGE 0732-00739 INSTRUMENT#201700010202 RECORDED ALBEMARLE CO CIRCUIT COURT CLERKS OFFICE Sep 01,2017 AT 10:54 am JON R.ZUG,CLERK by MEB BOOK 04954 PAGE 0732-00739