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Home My WebLink AboutWPO201800049 Easements 2019-06-25VIRGINSA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 6/11/2019 Instrument Type: DOD Number of Parcels: 1 Number of Pages: [ ] City D4 County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [ ] Grantee: Consideration: $10.00 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 9 Original Book Number: Original Page Number: Prior Recording At: [ ] City [ ] County RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG FILED Jun 25, 2019 AT BOOK 1 1:35 am 05183 START PAGE 0053 END PAGE 0062 INST # 201900006415 TOTAL NUM PAGES 0010 EMJ (Area Above Reserved For Deed Stamp Only) Original Instrument Number: Percentage In This Jurisdiction: BUSINESS / NAME 1 pQ Grantor: SIDDH, LLC [ ] Grantor: 1 pCJ Grantee: COUNTY OF ALBEMARLE, VIRGINIA [ ] Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA Address: City: Book Number: Page Number: Parcel Identification Number (PIN): 07600-00-00-052LO Short Property Description: SEE INSTRUMENT. Current Property Address State: VA Zip Code: Instrument Number: Tax Map Number: 07600-00-00-052LO City: N/A State: VA Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: Recording Returned To: SHIMP ENGINEERING, P.C. Address: 912 EAST HIGH STREET City: CHARLOTTESVILLE State: VA FORM CC-1570 Rev: 7/15 §§ 17.1-223, 17.1-227.1, 17.1-249 1 of 1 100% Zip Code: N/A SHIMP ENGINEERING, P.C. Zip Code: Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 22902 Cover Sheet A This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID 07600-00-00-052L0 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 4 day of 3j j ine 1 y , is by and between SIDDH 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 located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New Variable Width Stormwater Facility Easement" and "New 15' Public Stormwater Facility Access Easement," to be dedicated to public use, shown on the plat of Meridian Planning Group LLC, dated December 31, 2018, and last revised March 13, 2019, entitled "Plat Showing Right of Way Dedication and Various Easements on Tax Map 76, Parcel 52L, The SIDDH, LLC Property," 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 Property is described further as a portion of that certain lot or parcel of land situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Parcel ID 07600-00-00-052LO (hereinafter called 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 4495, Page 584; 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 5163, page 71, in which the Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: 07/20/ 18 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 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: l . 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 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. 2 Version: 07/20/18 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 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 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(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. Version: 07/20/18 WITNESS the following signatures. GRANTOR: SIDDH k t"M z By: (ill Saura )Fi ;odhwani Managing Member Dharma Patel Managing Member COMMONWEALTH OF VIRGINIA CITY/COUNT' OF�- The foregoing instrument was acknowledged before me this 4 day of June, 2019 by Saurabh Godhwani and Dharma Patel, Managing Members, on behalf of Siddh LLC. My Commission Expires:s.3 f -a Q 2 2 Registration number: , Notary Public DIANE E. COLLIER Notary Public Commonwealth of Virginia 271608 My Commission Expires 05/31/2022 :] SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 07/20/18 GRANTEE: CO❑ 4FALBAMARLE, VIRGINIA By:Jeff y dson County Executive COMMONWEALTH OF VIRGINIA CITY/COY OF6jjewjb4%syi I I o The foregoing instrument was acknowledged before me this day of , apt q by Jeffrey B. Richardson, County Executive, on behalf of the County of Alb narle, Virginia, Grantee. No ry Public My Commission Expires: Q()lq CHERYL L. SKEEN NOTARY PUBLIC Registration number: loa REGISTRATION a 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 A asto, Form: County Attorney Date Version: 07/20/18 j {41 [781] �o1 rtfooR�s cnF� :., NOTES: c , Al ° I s. :Tao k �� 1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. WAy.Q �,.0 2. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY DONE AS PER THE DATE OF THIS PLAT USING MONUMENTS FOUND TO EXIST AT THE TIME OF THIS SURVEY. C 3. THERE WERE NO PLACES OF HUMAN BURIAL OBSERVED WHILE CONDUCTING THE FIELD SURVEY. 'E �4jNW00D RD a AFT4N PQ4. THE AREA SHOWN HEREON IS LOCATED IN ZONE "X" AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN 875 LN AS SHOWN ON FEMA MAP NO 51003CO269D, EFFECTIVE DATE FEBRUARY 4. 2005. THIS DETERMINATION HAS BEEN MADE BY srs b GRAPHIC METHODS, NO ELEVATION STUDY HAS BEEN PERFORMED AS A PORTION OF THIS PROJECT. z 5. A PORTION OF THE PROPERTY IS ZONED C1 AND A PORTION OF THE PROPERTY IS ZONED R4. 878 Rk 4 sL 6. THE PROPERTY IS LOCATED IN THE MOORE'S CREEK WATERSHED, AND IS NOT IN AN AGRICULTURAL/FORESTAL DISTRICT. 877 ��,�` 9. THE SUBJECT PROPERTY IS IN THE ENTRANCE CORRIDOR AND AIRPORT IMPACT AREA ZONING DISTRICTS. c� a, 10. THE SUBJECT PROPERTY HAS PRESERVED AND MANAGED STEEP SLOPES AND AN INTERMITTENT STREAM, CONSISTENT WITH THE Q �� SITE �v r��FINAL SITE PLAN SDP201800082 AND ALBEMARLE COUNTY GIS.. 11. OWNER OF RECORD: SIDDH LLC 781 12. SOURCE OF TITLE: DB 4495 PG 584 � 5 �U 1� f_� STATEMENT OF CONSENT VICINITY MAP SCALE: 1 "=1000' APPROVED FOR RECORDATION Agent for the Board of Supervisors H1$G04 r h7&4' E/",[/r4 Date THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND KNOWN AS TMP 0760000052LO ACCORDING TO ALBEMARLE COUNTY RECORDS IS WITH THE FREE CONSENT AND INACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUST %,VANY. W08H GObftANI, MANAGING MEMBER/DHARMA PATEL, MANAGING MEMBER SIDDH, LLC. 1096 FOXVALE LANE CHARLOTTESVILLE VA, 22902-8255 COMMONWEALTH OFF RGIN CITY/COUNTY OF: TO WIT: THE FORE OI%INSTRUMENT S ACKNOWLEDG BEFORE ME THIS V — DAY OF �20_LR I �V �]•l��- AZ APRIL LEIGH NORFORD SIGiJ RE OF�TARYUBLIC T Notary Public Commonwealth of Virginia 7615636 REG. NO.: — — — — My Commission Expires 09/30/2022 MY COMMISSION EXPIRES:. -,,-- 1�iJ PLAT SHOWING RIGHT OF WAY DEDICATION AND VARIOUS EASEMENTS ON ��P L T H pr G/ TAX MAP 76, PARCEL 52L THE DH, LLC PROPERTY �� MUEL MILLER DISSTRICT, MERIDIAN f ` ti ALBEMARLE COUNTY VA TIM Y RAY MILLER a SHEET: 1 of 3 PLANNING GROUP, LLC Lic. No. 2065 DATE: DECEMBER 31, 2018 440 Premier Circle, Suite 200 J7� REVISED: FEBRUARY 19, 2019 Charlottesville VA 22901 ' REVISED: MARCH 13 2019 (P) 434.882.0121 N� S U R� E� DB �� J P I FILE: 76-52L-ESMT.DWG 23.5' RIGHT OF WAY TMP 76-46A - pRSC� DEDICATION TO COUNTY 875 SNOW PAWS LLC IPrj� f FOR PUBLIC USE STATE R R$ N R�A1D GAMBIT p�C4573 PG 270 _ - �� rN82'29'35"E 5� _ CO N E�#Se Ear 0.149 AC. Cow.rr EAS>g El `- _w - - Co qwE — _ 30.t .%Z LEGEND o ~- ----- 135.78 IF IRON PIN FOUND co N83-3304"E, 42.73' IS 15 a IS IRON PIN SET � 9'35 W PF PIPE FOUND 58333'D4 W 135.76 i C3 582�, (T) TOTAL 24.18' ® 6.03' NE IS — — — 7 "' .� - C4 — — �__-� /j i FRONT SETBACK i 6a TMP 76-52L1 10' MIN. f { l i� DALE & DANNY KYSER TMP 76-52P l STEPHEN COOK ; l EXISTING FRAME . \ i �sDB 1019-227 DB 3656-722 -' i 1 BLDG o / 50' MAX. FRONT SETBACK �� t ;zk�� l TMP 76-52L i SIDDH LLC z ' l DB 4495 PG 584 RESIDUE 5.279 AC. I J C �87( irl= e £ly-e i W h I -.1 o / m 0 50' BUILDING SETBACK_ � � i z i — m i i � i i i 20' PARKING SETBACK_& BUFFER ............. i -.-. -._._.- ZONED: C1 ZONEIF D: R4 Q,��. —_ APPROXIMATE LOCATION r`�r9p• MOBI S86'25'15"W 344.45' ZONING LINE OF ZONING DISTRICT LE DATA. ,HOME BASED ON GIS PF. MERIDIAN PLANNING GROUP, LLC 440 Premier Circle, Suite 200 Charlottesville, VA 22901 (P) 434.882.0121 CURVE TABLE Curve Length Radius Delta Tangent Chord Chord Bearing C1 68.11' 443.89' 8'47'29' 34.12' 68.04' N 87'56'48' E C2 18.46' 999.74' 1 *03-290 9.23' 18.46' N 83'01'19' E C3 18.90' 1023.24' 1'0329' 9.45' 18.90' S 83'01'19' W C4 77.55' 467.39' 9'30'23' 38.86' 77.46' S 8818'15' W 40 0 40 :0 120 .0 �EPLTH OF c� TI OTHY RAY MILLER : Lic. No. 2065 24" RED OAK AREA TABULATION TMP 76-52L 5.428 ACRES LESS RIGHT OF WAY DEDICATION 0.149 ACRES RESIDUE TMP 76-52L 5.279 ACRES NOTES: ALL MOBILE HOMES DEPICTED ARE EXISTING. Ve 5) $3 -- - -F�- 6 0 PLAT SHOWING RIGHT OF WAY DEDICATION AND VARIOUS EASEMENTS ON TAX MAP 76, PARCEL 52L THE SIDDH, LLC PROPERTY SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VA SHEET: 2 of 3 DATE: DECEMBER 31, 2018 REVISED: FEBRUARY 19, 2019 JP)'O' FILE 76-,MARCH 9 SMT DWG PR-r��E E A�. TMP 76-52P STEPHEN COOK 3656-722 TMP 76-46A STATERp�E875OAD GAMBIT LLC &SNOW PAWSLLC TRYGREEN R &DB 4573PCD .EEASEME�30'PRF$ EC5 1s-\IS PF 0 6.03' NE EC7 IS E6 El0E-ebl rn rnSEE INSET rn rnNEW 20 v`�'ACSA WATERLINE ig EASEMENT_NEW 15' PUBLIC rn STORMWATERFACILITY TMP 7'6-52L DDH LLC ACCESS EASEMENT DB 4495 PIG 584 RESIDUE 5.279 ACrn z vE3 E13 rg E15W f19 b / NEW 0/�NEW 20 PRIVATE DRAINAGE EASEMENT F/ 5�3 a1 �„w f 0 N � q � LEGEND o IF IRON PIN FOUND IS IRON PIN SET PF PIPE FOUND TMP 76-52L1 DALE & DANNY KYSER DB 1019-227 40 0 40 80 120 SMAM SCALE: 1 "=40' r T DR � � � p rQ ` STORW VARIABLE WIDTH CILITY EASEMENT ILITY EASEMENT EASEMENT CURVE TABLE IF Curve Length Radius Delta Tangent Chord Chord Bearing EC5 8.82' 1023.24' 0'29'39" 4.41' 8.82' S 8244'24" W EC6 10.08' 1023.24' 0'33'51" 5.04' 10.07' S 8316'09" W EC7 1 0.60' 467.39' 0104'26" 0.30' 0.60' Fs 8Y35'16" W EASEMENT LINE TABLE EASEMENT LINE TABLE EASEMENT LINE TABLE EASEMENT LINE TABLE Line Direction Length Line Direction Length Line Direction Length Line Direction Length E1 1 » S 06'22 32 E / 21.75 E9 1 » N 05'17 48 W / 37.25 E17 1 r N 7342 01 W / 10.37 E25 1 » N 17'O6 56 E 50.46/ E2 S 1617'59" W 91.10' E10 S 8333'04" W 9.93' E18 S 1617'59" W 12.57' E26 N 2111'11" E 106.25' E3 1 N S 73'42 01 E 1 15.00 E11 / N S 7342 01 E / 49.13 E19 1 » N 7342 01 W 1 20.00 E27 1 » S 68'48 49 E 20.00/ E4 N 1617'59" E 94.11' E12 S 7342'01" E 15.00' E20 N 1617'59" E 12.57' E28 S 2111'11" W 105.54' E5 / » N O6'22 32 W 1 24.78 E13 / S 73'42 01" E 1 9.37 E21 1 N N 73'42 01 W 1 28.13 E29 / r S 17'O6 56 W 54.221 E6 S 83'33'04" W 14.40' E14 S 1617'59" W 8.00' E22 S 1617'59" W 20.38' E30 S 4218'470 W 43.30' E7 S 05'17'48" E 36.80' E15 S 73'42'01" E 5.00' E23 S 4218'47" W 9.80' E31 N 4218'47" E 5.18' EB N 84'42'12" E 20.00' E1p S 1617'59" W 20.06 E24 N 4218'47" E T 38.83' MERIDIAN PLANNING GROUP, LLC 440 Premier Circle, Suite 200 Charlottesville, VA 22901 (P) 434.882,0121 4�NLTH of CZ) 2 a TIMOTHY RAY MILLER a Lic. No. 2065 "zo/ s LJ FN��o PLAT SHOWING RIGHT OF WAY DEDICATION AND VARIOUS EASEMENTS ON TAX MAP 76, PARCEL 52L THE SIDDH, LLC PROPERTY SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VA SHEET: 3 of 3 DATE: DECEMBER 31, 2018 REVISED: FEBRUARY 19, 2019 REVISED: MARCH 13, 2019 FILE:76-52L-ESMT.DWG INSTRUMENT #201900006415 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Jun 25, 2019 AT 11:35 am JON R. ZUG, CLERK by EMJ BOOK 05183 PAGE 0053 - 00062