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HomeMy WebLinkAboutWPO201800093 Deed of Dedication and Easements 2019-09-11 (2)201900009913.001 VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 8/30/2019 Instrument Type:., DE Number of Parcels: - _ 1 Number of Pages: 5. - [ ] City M County RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Sep 11, 2019 AT 09:25 am BOOK 05216 ALBEMARLE- START PAGE 0558 TAX EXEMPT? VIRGINIA/FEDERAL LAW END PAGE 0565 [ ] Grantor: INST # 201900009913 [ ] Grantee: _ _ _. TOTAL NUM PAGES Consideration: $0.00--------------------- 0008 Existing Debt: $000 -------------------- ------ --- .---- -------------------- MEB Actual Value/Assumed- ------------------ $0.00 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: -------- Original Page Number: .-_..... Original Instrument Number- ------------------------- Prior Recording At: [ ] City [ ] County Percentage In This Jurisdiction: BUSINESS / NAME 1 [ ] Grantor: UNIVERSITY OF VIRGINIA FOUNDATION, TIM R. ROSE [ ] Grantor: 1 [ ] Grantee: UNIVERSITY OF VIRGINIS FOUNDATION, TIM R ROSE [ ] Grantee: GRANTEE ADDRESS Name: TIM R UNIVERSITY OF VIRGINIS FOUNDATION ROSE Address: 1 BOARS HEAD POINTE ................................................................................................ City:. CHARLOTTESVILLE . State:....VA... Zip Code: ........ 22903 ........... Book Number: .2712 - Page Number: .-325. Instrument Number: ................... Parcel Identification Number (PIN): 06000-00-00-024EO Tax Map Number: 06000-00700-024E0 Short Property Description: Current Property Address: - City: CHARLOTTESVILLE State: VA_.. Zip Code: _ 22903 ...- -- . .. Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: MARTIN HORN, INC. Recording Returned To: - MARTIN HORN, INC., C/O DON HICKLIN - ---- - - --- ----- - - - - - ----- .. .... Address: 201 CARLTON ROAD --------------------------- - -- - - - ---- City: CHARLOTTESVILLE Sate: ..VA. ZipCode:- 22902 .... ............... ..--- _--. ____,__ FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 201900009913.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID 06000-00-00-024EO 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 3044 day of August, 2019, is by and between UNIVERSITY OF VIRGINIA FOUNDATION, 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 Facilities Management Access Easement," "New Variable Width Stormwater Management Facility and Access Easement," and "New Variable Width Private Storm Drainage Easement," (collectively hereinafter, the "Easement") on the plat of Draper Aden Associates, dated February 12, 2019, and last revised April 22, 2019, entitled "Plat Showing Stormwater Management Facility and Access Easement on TMP 06000-00-00- 024E0," (hereinafter, the "Plat") a copy of which is attached hereto and recorded herewith. 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 Jack Jouett Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Parcel ID 06000-00-00-024EO (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 2712, page 325; 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 5197, page 668, in which the Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: 05/23/19 201900009913.003 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, 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: Riaht 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. 3. No obliaation 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. Bindina 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 2 Version: 05/23/19 201900009913.004 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 201900009913.005 WITNESS the following signatures. GRANTOR: UNIVERSITY OF VIRGINIA FOUNDATION n n1� By: ✓ V `C.. Tim R. Rose Chief Executive Officer and Secretary COMMONWEALTH OF VIRGINIA C—I-T-Y/COUNTYOF t� lb�yr►ae'le. The foregoing instrument was acknowledged before me this 304*"day of 4,_�i-, 2mOt byT,'rn t"'� , �os� , Grantor. My Commission Expires: t -)- 31-j020 REG. 47- :T9b41- Registration number: Ot ©mot COMMONWEALTH OFVIRGINIA MY COMMISSION EXPIRES DEC. 31. 2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 05/23/19 201900009913.006 GRANTEE: COUNWKiJh--a—rds—on E, VIRGINIA By: County Executive COMMONWEALTH OF VIRGINIA CITY/ �' Y U OF -)nr1n46,— o'1Ika-: The foregoing instrument was acknowledged before me this � day of , qpl by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires Op(� CHERYL L. SKEEN - Registration number: —( NOTARY PUBLIC _ REGISTRATION N 7153762 COMMONWEALTH OF VIRGINIA MYOCOMMISSION 2XXPIRES Approved as to Form: 019 4 0 L - q a Eg County Attorney Date 5 Version: 05/23/19 cv' BARRACKS ROAD STATE ROUTE 654 VARIABLE WIDTH PUBLIC RIGHT-OF-WAY DB 4567 PG 241-243A DB 1405 PG 207 DB 1214 PG 106 HWY PB IV PG 16 -Cl IRON ROD FOUND DB 423 PG 146 IRON ROD FOUND _ _ _ _ _N49'39'S1"W 701.15' -- -- -- 410.55'-- -- --- TMP 06000-00-00-024EO UNIVERSITY OF VIRGINIA FOUNDATION 15' RIGHT-OF-WAY RESERVATION 58.908 ACRES DB 1191 PG 570-576 DB 2712 PG 325 60' w DB 1191 PG 570-576 ooa Q j DB 1058 PG 121-125 (PLAT) APPROXIMATE LOCATION EXISTING VARIABLE WIDTH O Uj OWNER'S ADDRESS ACSA WATERLINE EASEMENT o C'q 1 BOARS HEAD POINTE DB 1191 P 570-576 0 to - I o f CHARLOTTESVILLE, VA 22903 o w w z Q o 3091.(_ o 0 i � \ � � - + I (N56_38 7 �L to r Q W Q r 0 30 60 120 \ C-) / NEW VARIABLE WIDTH 1 inch = 60 n. / STORMWATER FACILITIES / MANAGEMENT ACCESS EASEMEN (CENTERED ON THE AS -BUILT LOCATION OF THE ROAD OR WALKWAY), HEREBY DEDICATED TO THE COUNT36.501 SOFT 0.84 AC ? °° II NLW VAKIAttLL WIU IN STORMWATER FACILITIES MANAGEMENT ACCESS EASEMENT (CENTERED ON THE AS -BUILT LOCATION OF THE ROAD OR WALKWAY), HEREBY DEDICATED TO THE COUNTY 36,501 SQFT 0.84 AC LEGEND: DG = DOME GRATE DI = DROP INLET MH = STORM MANHOLE STRUCTURE LINE TABLE LINE IBEARING DISTANCE AL1 S06'31 38 W 59.81 AL2 S56'10 46 E 56.34 AL3 N33'4914 E 14.90 AL4 S57'05 56 E 6.66 AL5 IN43'0510 E 9.84 AL6 S52'24 23 E 31.18 AL7 S44'38 21 E 27.45 AL$ N74'4718 E 19.20 AL9 N41'08 23 E 1 20.55 AL10 N84'50 52 E 1 25.49' LINE TABLE LINE BEARINIG DL1 S49'37DL2 N58'18DL3 S43'34DL4 S37'35DL5 MDE N63'37DL6 S72'09DL7 S56'55DL8 N35'22 CURVE TABLE CURVE IRADIUS IARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING Cl 746.20 130.35 10'00 32 130.19 N44'39 35 W C2 848.51 630.80 42'35 41 616.37 N70'57 4i W CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD FARING ACII 140.00 285.49 116'5015 238.53 S64'56 46 W AC2 395.00 189.41 27'28 29 187.60 S20'15 53 W AC3 85.00 133.79 90'10 53 120.40 S11'0519 E AC4 25.00 34.83 79'48 54 32.08 N82'59 37 E AC5 30.00 44.25 84'30 27 40.34 N85'20 23 E AC6 25.00 26.43 60'34 21 25.22 S74'55 31 E AC7 35.00 20.55 33'38 55 20.26 N 57'57 51 E AC8 25.00 21.52 49'19 18 20.86 N65'48 02 E CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING DC1 78.60 52.74 38'26 36 51.75 N59'35 25 W DC2 25.00 22.89 52'2716 22.10 N32'04 57 E DC3 34.00 44.67 75'16 26 41.52 S84'0312 E DC4 70.00 11.04 9'0219 11.03 S21'51 50 E I APPROXIMATE LOCATION EXISTING VARIABLE WIDTH ACSA WATERLINE EASEMEN DB 1191 PG 570-576 N I I I 0C TAL II II II I I I I I I o 0.3' MILES TO INTERSECTION BARRACKS w GEORGETOWN ROAD ROAD IRON ROD FOUND C2 -� - - 290.60' - - - "" -- SITE`ti� Ln wll o\��� 0�m IwjJ. APPROXIMATE LOCATION �`o�QP Z N I { EXISTING VARIABLE WIDTH I ACSA WATERLINE EASEMENT LOCATIO `F, 7:� 7 S J I DB 1191 PG 570-576 APPSAN�MARY SEWER 6 II 57 D6 1191 PG 570� _ - - o'wol�l ST ANNE'S I, - - �_ BELFIELD _ _- -' - SCHOOL VICINITY MAP SCALE: 1" = 2,000' I I I I I I I I I I I I l II I I I #2600 BARRACKS ROAD APPROXIMATE LOCATION OF EXISTING BUILDING PER COUNTY OF ALBEMARLE GIS i i DC4 APPROXIMATE LOCATION OF (TOTA EXISTING BUILDING PER COUNTY OF ALBEMARL GIS Q rnI , APPROXIMATE LOCATION EXISTING VARIABLE WIDTH ACSA WATERLINE EASEMENT 70' ( I DB 1191 PG 570-576 Qv _ _ AL6 AL7 _ I \\ Q} AL4 jj�j - DC2 (TOTAL) q A = 7.397,66' OLir k� I W 4 MH �© I I J pG 0 A = 5.52' v vi ordan Lic. No. 2976 COUNTY OF ALBEMARLE B ARD OF SUPERVISORS C DES! N�EID GENT NOTES: 1.) SOURCE OF MERIDIAN: NAD83 BASED UPON GPS OBSERVATION BY DAA ON JULY 17, 2018. 2.) THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT OR TITLE REPORT AND ALL EASEMENTS AND ENCUMBRANCES THAT MIGHT BE DISCLOSED IN A TITLE SEARCH MAY NOT BE SHOWN. 3.) THIS PLAT WAS PREPARED BY DAVID JORDAN FOR SUNRISE SENIOR LIVING. DRAPER ADEN ASSOCIATES ASSUMES NO LIABILITY FOR REUSE OR MODIFICATION OF THIS DOCUMENT. 4.) THE BOUNDARY SHOWN HEREON WAS COMPILED FROM INFORMATION TAKEN FROM THE LAND RECORDS OF THE COUNTY OF ALBEMARLE. NO CORNERS SET. CORNERS TO BE SET UPON THE REQUEST OF THE CLIENT. 5.) DRAPER ADEN ASSOCIATES HAS NO KNOWLEDGE OF ANY GRAVE SITES OR CEMETERIES ON THE SUBJECT PROPERTY. 6.) THE SUBJECT PROPERTY IS ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND IS SITUATED IN THE IVY CREEK WATER SUPPLY WATERSHED BUT IS NOT SITUATED IN AN AGRICULTURAL -FORESTAL DISTRICT. 7.) THE SUBJECT PROPERTY APPEARS TO BE SITUATED IN FLOODPLAIN ZONE X (UNSHADED) PER COMMUNITY PANEL 51003CO267D WITH AN EFFECTIVE DATE OF FEBRUARY 4, 2005. 8.) THE ANNOTATION OF THE ACCESS EASEMENT SHOWN HEREON IS TO THE CENTERLINE OF THE EASEMENT. OWNERS STATEMENT: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, PLAT SHOWING STORMWATER MANAGEMENT FACILITY AND ACCESS EASEMENT ON TMP 0600-00-00-024EO, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. 1 / pn I E�� � c0 t3 `L= Z 0 � Z= �m � � m 12 Z > > o a� lz E a .0w E M m = LO _o O N CDCD _ 04 CD 'N E o g 0 U. p O r 0 r, O r = Qh V 1t a -1 C O < W z Ll.I Q ~ � z W �i W 1 0 Q G c) cr > Z W C/) I C:) Q 2 Q C) U _ oC z r W ® LU C C) Cn �- W m LL a ��WO DI 20' I r I4.7800 �4 DL7 (TOTAL) NOTARY: CITY/COUNTY OF ��'lPut' 6�. STATE OFy,1 rCh 1 a I � THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BY BEFORE ME THIS 2.-1+`� DAY OF _ 1kvLo u_-+j 2 0 l q CI) Q � � ® � � 0- cn Q O 0 z = O REVISIONS w BY -ri .. Ili . Rose. 003-21-19 ON BEHALF OF THE UNIVERSITY OF VIRGINIA FOUNDATION County Comments NOTARY PUBLIC A04-22-19 County Attorney Comments REGISTRATION NUMBER MY COMMISSION EXPIRES �? MARY. J. BREDDER S4105 ' 20' 46 R, 0�' REG. �679Q+tt "E * =MMOWEALTN OF=VIRGINIA NEW VARIABLE WIDTH PRIV N DESIGNED BY: ~'I NEW VARIABLE WIDTH -'�=_1 STORMWATER MANAGEMENT BURIED MH FACILITY AND ACCESS APPROXIMATE EASEMENT, HEREBY DEDICATED LOCATION TO THE COUNTY i 2,276 SQFT ! 0.05 AC EASEMENT TERMINATES 10' PASTLL Y HEADWALL w U AH STORM DRAINAGE EASEME hldY COMMISSION EXPIRES DEC. 31, 2020 DRAWN BY: DAJ (CENTERED ON THE AS -BUILT CHECKED BY: CAS 3 LOCATION OF THE STRUCTURES,) SCALE: 1° = 60' HEREBY DEDICATED TO THE DATE:02/12/2019 UNIVERSITY OF VIRGINIA ►) b) FOUNDATION PROJECT NUMBER: v M 8,122 SOFT 18060111-010503 0.19 AC 30P 011 .� P 5 1 OF 1 201900009913.008 INSTRUMENT #201900009913 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Sep 11, 2019 AT 09:25 am JON R. ZUG, CLERK by MEB BOOK 05216 PAGE 0558 -00565