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Home My WebLink AboutSUB201900104 Easements 2019-10-16This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Nos. 04500-00-00-026A4 and 04500-00-00-0226A5 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 VACATION AND DEDICATION AND EASEMENT THIS DEED OF VACATION AND DEDICATION AND EASEMENT, dated this '��I day of October, 2019, is by and between OAKLEIGH ALBEMARLE, LLC, a Virginia limited liability company (hereinafter, "Oakleigh"), and THE BLAKE AT CHARLOTTESVILLE, LLC, a Delaware limited liability company (hereinafter, "The Blake"), collectively, Grantor; and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, Oakleigh is the owner of that certain real property (hereinafter the "Property"), located in Albemarle County, Virginia, more particularly described as follows: ALL those certain lots or parcels of land, with improvements thereon and appurtenances thereto, containing 4.12 acres, in total, more or less, shown as "TMP 45-26A3, Lot 1, New Total, 1.2075 Acres," "TMP 45-26A4, Lot 2, New Total, 1.0175 Acres," "TMP 45-26A5, Lot 3, 0.527 Acre, "TMP 45-26A6, Lot 4, Total 0.661 Acre," "Lot 4A, 0.200 Ac," "Lot 6, 0.272 Ac, and "Lot 6A, 0.234 Ac" on that certain subdivision plat by Lincoln Surveying, entitled "PLAT SHOWING A BOUNDARY LINE ADJUSTMENT OF LOTS 1 AND 2, REVISED EASEMENTS ACROSS LOTS 1, 4, 5 AND 6 AND A NEW EASEMENT ACROSS LOT 2, OAKLEIGH SUBDIVISION, RIO DISTRICT, ALBEMARLE COUNTY, VIRGINIA," dated May 15, 2019, revised October 1, 2019 (the "Revised Subdivision Plat"), and recorded with the Declaration of Protective Covenants and Restrictions for Oakleigh Albemarle County, Virginia, recorded prior to this Deed in Deed Book , Page Number ; BEING a portion of the same property conveyed to Oakleigh Albemarle, LLC by deed from Coleman -Elder, LLC, a Virginia limited liability company, dated as of December 27, 2006, and recorded December 29, 2006 in the aforementioned Clerk's Office in Deed Book 3346, page 314; and Version: 05/23/19 WHEREAS, The Blake is the owner of that certain real property lot or parcel of land with improvements thereon and appurtenances thereto ("The Blake Property"), situated in Albemarle County, Virginia, more particularly described as follows: All that certain lot or parcel of land, with improvements thereon and appurtenances thereto, containing 4.685 acres, and designated as "NEW LOT 5" on a plat by Lincoln Surveying entitled "SUBDIVISION PLAT SHOWING NEW LOTS 1 THROUGH 5, NEW OPEN SPACE, AND NEW EASEMENTS, A DIVISION OF TMP 45-26A, OAKLEIGH SUBDIVISION, LOCATED ON RIO ROAD, RIO DISTRICT, ALBEMARLE COUNTY, VIRGINIA," dated March 20, 2017, last revised May 25, 2017, recorded in the aforementioned Clerk's Office in Deed Book 4928, page 61; BEING the same property conveyed to The Blake by deed from Oakleigh, dated June 29, 2017, recorded July 27, 2017 in said Clerk's Office in Deed Book 4939, page 224. WHEREAS, prior to granting Lot 5 to The Blake, Oakleigh and the Board of Supervisors of Albemarle County, Virginia entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities and Other Techniques" (hereinafter, the "Maintenance Agreement"), dated April 27, 2017, recorded May 11, 2017 in the Clerk's Office in Deed Book 4907, page 494, in which Oakleigh 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 managementBMP 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 managementBMP 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, by Deed of Dedication and Easement dated as of May 26, 2017, and recorded in the aforementioned Clerk's Office in Deed Book 4928, page 96 (the "Existing Deed of Easement"), Oakleigh conveyed to the County new easements related to stormwater management facilities and drainage, as more particularly described therein (the "Existing Easements") and 2 Version: 05/23/19 shown on Sheet 6 of that certain subdivision plat entitled, "Subdivision Plat Showing New Lots Through 5, New Open Space, and New Easements, a Division of TMP 45-26A, Oakleigh Subdivision, Located on Rio Road, Rio District, Albemarle County, Virginia," dated March 20, 2017, last revised May 25, 2017, prepared by Lincoln Surveying, and recorded in the Clerk's Office in Deed Book 4928, page 61 (the "Existing Easement Plat"); WHEREAS, by Amendment to Deed of Dedication and Easement, dated May 17, 2018, recorded in said Clerk's Office in Deed Book 5051, page 638 (the "Amended Deed of Easement"), Oakleigh amended portions of the drainage easement and stormwater management facilities easement areas as shown on the amended subdivision plat, dated January 29, 2018, last revised May 2, 2018, recorded in said Clerk's Office in Deed Book 5051, page 627; WHEREAS, the parties hereto desire to amend the Drainage Easement Areas and Stormwater Management Facilities Easement Areas (as defined in the Existing Deed of Easement, as amended by the Amended Deed of Easement), as shown on the Existing Easement Plat, including vacating certain portions thereof; and WHEREAS, Section 6 of the Existing Deed of Easement states, "the Easement may be adjusted accordingly if the County Engineer 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... The termination of any portion of the Easement shall be recorded, at the sole expense of Oakleigh, in the Clerk's Office of the Circuit Court of Albemarle County, upon approval of the Albemarle County Attorney;" and WHEREAS, by acceptance and recordation of this deed, the County Engineer and County Attorney hereby approve the modifications to the Drainage Easement Areas and Stormwater Management Facilities Easement Areas, thereby satisfying the requirements of Section 6 of the Existing Deed of 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 Version: 05/23/19 acknowledged, the parties hereby vacate all portions of the stormwater management easement lying over Lot 4 (as such Lot is shown on the Revised Subdivison Plat) as such easement is shown and identified on Sheet 6 of the Existing Easement Plat as "NEW SWM EASEMENT, 23,438.36 SQ FT'; and FURTHER, Oakleigh does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, that portion of the perpetual easement lying over Lot 4 as shown and identified on Sheet 4 of the Revised Subdivision Plat as "NEW REVISED SWM EASEMENT." FURTHER, The Blake does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, that portion of the perpetual easement lying over Lot 5 as shown and identified on Sheet 4 of the Revised Subdivision Plat as "NEW REVISED SWM EASEMENT." Collectively, the portions of the New Revised SWM Easement lying over the Oakleigh Property and The Blake Property shall be referred to herein as the "Easement." The Easement shall be subject to the following: 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 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. 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. Bindingeffect. 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 4 Version: 05/23/19 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, the Easement 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. [The remainder of this page is left blank intentionally. Signature pages follow.] 41065501_1 Version: 05/23/19 IN WITNESS WHEREOF, each of the parties has caused this Declaration to be executed on its behalf by its duly authorized agent. OAKLEIGH ALBEMARLE, LLC, a Virginia limited liability company Printed Namegc4g6e:7 k I A �Z Title: k A.,". �r COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Ch,a,,c..tts.M , to -wit: The foregoing instrument was acknowledged before me this 41�Aay of D e4k,-.- , 2019 by Cje_o,zr_ W - R.! Pr as M am� , M &rn4-_ of Oakleigh Albemarle, LLC, a Virginia li emi d liability company, on behalf of such company. My commission expires: 1-131 ! 2Z Notary Public 41065501_1 Notary Registration No.: 3-3 `f L� b -- ,, 11111►11,,,�, •.•'<_ O1ARA 'NOTARY'. PUBLIC '•��A REG # 7348202 n MY COMMISSION ;• EXPIRES 07/31/2022 •'•�_� Lc 6 Version: 05/23/19 THE BLAKE AT CHARLOTTESVILLE, LLC, a Delaware limited liability company r��By: _ Printed Name: nC�%yet &Le Title: AM44Cii S`tp,,vF or- �A4DPt �A A CITY/COUNTY OF 5 Ato-wit: The foregoing instrument was acknowledged before me this �° day of Qa,�oJgec�L , 2019 bye . ur «�6i4 emu` J p� u d oe�r," of The Blake at Charlottesville, LLC, a Virginia limited liability company, on behalf of such company. My commission expires: .�'•., �-A C► Viz, �+it. '� ICI �� • R...1i#?��►► ►�� h a � aoaa Notary Public Notary Registration No.: S 15 SbR - l SIGNATURES CONTINUE ON THE FOLLOWING PAGE 7 Version: 05/23/19 GRANTEE: COUNTYIVALI ffMARLE, VIRGINIA )'effrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/CO OF +J--�eu io_t>Q ll - The foregoing instrument was acknowledged before me this _ day of &, I : 1_li-., , aC-n by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. L14tary Public My Commission Expires: i , "�,�Y) CHERY-$KEEN Registration number: -1 `-5 �"1�G�• NOTARY PUBLIC REGISTRATION M 7153762 COMMONONEALTH OF VIRGINIA MYOCOMD COMMISSION 24P9 ES Approved as to Form: (LL c0 SA01 County Attorney Date 41065501_1 Version: 05/23/19