HomeMy WebLinkAboutSUB201800091 Easements 2018-07-25- 201800008650.001
Instrument Control Number
RECORDEDIN
ALBEMARLE COUNTY, VA
JON R. ZUG
Commonwealth of Virginia CLERK OF CIRCUIT COURT
Land Record Instruments FILED Aug 02, 2018
Cover Sheet - Form A AT 09.08 am
BOOK 05079
[ILS VLR Cover Sheet Agent 1.0.66] START PAGE 0379
END PAGE 0388
T
C
Date of Instrument:
[7/24/2018 ]
INST # 201800008650
A
X
O
R
Instrument Type:
[DE-PL ]
TOTAL NUM PAGES 0010
E
P
Number of Parcels
[ 11
MEB
X
Number of Pages
[ 8]
- -- --- --- ---- -- - - --- --- -
E
M
City ❑ County x❑
(Box for Deed Stamp Only)
[Albemarle County J
P
First and Second Grantors
T
Last Name
First Name Middle Name or Initial Suffix
[Riverrun Property Owner] [
] [ ] [ ]
First and Second Grantees
Last Name
First Name Middle Name or Initial Suffix
®❑
[County of Albemarle,
Vir ] [
] [ ] [ ]
Grantee Address
(Name)
[County of Albemarle, Virginia ]
(Address 1)
[401 McIntire Road ]
(Address 2)
[ j
(City, State, Zip)
[Charlottesville ] [VA J [22902 J
Consideration [10.00
] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County FX1 [Albemarle County J Percent. in this Juris. [ 100]
Book [2663 ] Page [516 ] Instr. No [200300032011 ]
Parcel Identification No (PIN) [062D1-02-00-00100 ]
Tax Map Num. (if different than PIN) [62D1-2-1 ]
Short Property Description [Permanent Draingage Maintenance Easement, TMP-62D1-2-1 ]
[ 1
Current Property Address (Address 1) [ ]
(Address 2) [ j
(City, State, Zip) [ J [ ] [ ]
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 1
[Albemarle County Attorney
[Albemarle County Attorney's Office
[Albemarle County Attorney's Office
[401 McIntire Road
[Rm. 325
[Charlottesville
I I
------ ------
] [VA ] [22902
201800008650.002
"Phis dc,cuntc 11 was IM-Cpa -ed by..
Albemarle Come- Amm-nea
colincy of Alberuarle
to N[c•Intire Road, Spite ;3` .5
Charlottesville. Virginia 22902
Parcel 1D 062D 1 -02-00-00 100
This deed is exencl,t front taxation under ijir,;irria C."od• ss' .59.1-811 CAW) and front the Circuit Court Clerk's fires Ruder
F'irgirrrr Code ss' 17.1-266.
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this ?da\- of
��S?CLON,
20-1K— by and bete peen RIVERRUN PROPERTY OWNERS
INC., it Virginia non -stock corporation, Grantor, and the COUNTY OF
ALBEMARL , VIRGWIA, a polltical snbdl\'lsloll of the Commonwealth of Virginia, Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property")
Iodated in Albemarle County, Virginia, more particularly described as follows:
Thar certain real property shown and clesigilated as "Variable \Vidtb Permanent Dralllitre
N,laintenance Easement," shown oil the plat of Lincoln SuI-veving, dated April 27, 2018 and
rev"I June 4, 2018, entitled "Plat Shoving it New Variable NA''idth Permanent Drainage
N\lairlterlance Easement on it Portion of Tilt'N[ap Parcel 62D 1-2-1, Located off Exton Cot►rt,
Albemarle County, Virginia," a Cop\' of Which is attached hereto to bC recorded With this
deed (ilerCinaftel-, the "F.aselnent" and the "Plat"). Reference is made to the Plat tin- it more
partiCtIlill• dCSCI•lptloll of LhC CilSCnlCllt ('oil\VC\'Cd hercill.
WHEREAS, the Property'is described fiialicr as it portion of that certain lot or parc•cl of land
situated in the Rio N[agistcrial DISLI-ICT of the County of Alberliarlc, Virginia, clesigllated as it
Common ;area of Riveri-tin sul)(116sion on that certain plat of Gloeckner & Osborne, 111c., dated
N14av 20, 1992, and recorded in the Clerk's Off We of the Circuit Court of Albemarle Count\•, Virginia
III Deed Book 1246, pages 365-382, as revised by that certain plat of Gloeckner
Engineering\Survevinn, Inc., datecl.1tine 10, 1997, and recorded in said Clerk's Oflice in Dccd Book
1639, passes 92- l l t , also being the sank property conveyed to the Grantor herein by deed of Gercke
Development Company, Inc., recorded in said Clerk's O111ce in Deed Book 2663, pages :i 16-15 19;
and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and conyev the Easement
tor public use in accortl:uue with this Deed of Dedication and Easement; and
201800008650.003
WHEREAS, it is the desire and intent of' the GIalltOI- Lo dedicate, gralit anti convey all rights,
title and interest in all ditches, pipes and other Improvements and appurtCliaiices \within the
Easement established 101- the purpose of- conveying stornlwater (hereinafter collectively referred to
as the "Improvements," whether referring to existing Improvements or those to be established in the
ILlture by the Grantee), excluding building connection lines.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS (,� 1 U.UU), cash
ill hand paid, and other good and valuable consideration, the receipt of' which is hereby
acknowledged, the Grantor does hereby GRANT, COINTIVEY, and DEDICATE to public use mth
GENERAL \VARRANTY and ENGLISi-I COVENANTS OF "I'iTL.E unto the Gralitee, its
sl.l(•('essO1,5 il11Cl ilsShllS, a perpetual exC•lusive easement as shown OIl the Flint and its referred tO llerelll
as the Easement.
FURTHER, pursuant to the Consideration described herein, the Grantor does hereby GRANT,
CONVEY, and DEDICATE to publiC• LISe the Illll)I-O\•elllelltS.
The Easement shall be sui)ject to the f011O\\ing:
1. Right to construct, reconstruct. install, maintain, 1-epalr, cliaiwx, alter and rel)lace rile
Improvement~. The Grantee shall have the i-Ight tO cOilStl-Litt, reconstruct, install, maintain, repair,
change, alter, and replace present or filture. Improvements (hereinafter referred to as '`inspecting,
nrlintaining and c)peraLing" or derivations thereof) fen tie pu poses of collecting storrll \yatcr and
trallsnlitting it through and across the Subdivision, protecting property from flooding, protecting
water clualit.y. and othcl-wise Controlling st.orlllwater runoff.
2. Ownership of the Ii1lproycnient-s. All Iii'lproveinciiLs \yltlllll tic Eascinclli., whether the\•
were installed by the Grantee orally predecessor in interest, shall be and rcnlairl the ln-ol)crt}' of tle
Grantee.
3. Ri(0ht of in'l-ess and QO-css. The Grantee shall have the right and cascillcllt Of IllgTess and
egress over any lands of the Grantor adjacent to the F.ascnlent bet\ycen any l)ul>lic or Private roads
and the Easement, to inspect, maintain and operate the Improvements.
4. Ril:-lit to insl)ect, maintain and operate the Limi-ovements. 'File Grantee may enter the
Easement to inspect, maintain and operate the. Improvements.
J. Rildit of, Grantee to disturb and maintain the Easement premises. The Grantee shall have
the right within the Easement to trine, cut or remove anv trees, brush or shrubbery, remove tences,
structlu-es OI- Otllel- ObSt1-LICCIOIiS, and take other similar action reasonably necessary to provide
2
201800008650.004
adequate and faille- tinictionlrlg Improvements; provided, however, that the Grantee, at its owrn
expense, ;hall restore as nearly as possible, the premises to their original condition. This restoration
Shall include the backfilling of• trencines, the replacement of lences and shrubber , the reseeditlg or
resodding of lawns or pasture areas, and the repair or replacement of structtu-cs and other facilities
located outside of the Easement that "were damaged or destroyed by the Grantee. I-Io« ever, the
Grantee shall not be required to repair or replace any structures, trees, or other facilities located
«-ithin the Easement, but be required only to repair or replace g-roundcover «ithitl the Lasement
that was disturbed, damaged or removed as a result of installing or maintaining Inv of the
Improvements. Ill addition, the Grantee shall remove fi-om the Easement all trash and other debris
resulting from the installation, maintenance or operation of an Improvement, and shall restore the
surface tllereot to its ongpinal condition as nearly as reasonably possible. Aotmthstanding the
foregoing, the Grantee shall not be required to repair or replace anything identified in this section it
to do so would he inconsistent «ith the proper maintenance or operation of the Improvements. In
addition, neither the Grantee nor any other public agencV, including the Virg'I rla Department of
Transp<n tanon, shall be responsible for conducting routine mallateniance as described in Section 6
except as expressly prodded in this section.
G. Ril:ht of Grantor to maintain the Easement premises. The Grantor shall have the right to
l>erl<n-nl routine maintenance of the Easement premises, including the removal of trash and
landscaping debris, turning and manicuring la«ais and �,,1-oundcoyers. and nl;aking <ulN- other aesthetic
iniprove►nents desired by the Grantor that are not inconsistent mth the rights herein convcyccl, and
which do not adversely affect the proper operation orally Inlproyclnlent. The right to maintain the
Easement premises does not include the light to maintain the Improvements.
%. Temporary construction casement. The Grantee shall have a temporal-- construction
casement on tine lot on .which the Easement is located in order to construct, install, maintain, repair,
change, alter, or replace an Improvement. This temporary const ructloll casement shall expire upon
completion of the work.
8. Exclusivity; restrictions. The Easement conveved herein is an exclusive easetllent. \'either
the Grantor nor any person acting under the Grantor's express or implied consent shall modify,
alter, reconstruct, interfere with, disturb or other ise change in any way the land within the Easement
or ally Improvement located .within the Easement; and further provided that such persons shall not
consmct or maintain any roadway, or erect any building, fence, retaining wall or other structure
3
201800008650605
«'ltlE the Elsenient.
9. Grantee's ri1 ,:'ht to assloi. The Grantee shall have the fight to assign this Easci11on as its
interests Illay re(JUlre.
10. Mndhy effect. The L isenlent and the rights and obligations established herein shall run
with the land in pei'petllit)', and shall be binding upon the Grailtor, the Grantee, mid their successors
and assigns. All references herein to the "Grantor" and the ` (Sunee" include their respective
SUC'CeSSM'S and assiglis. All references to the "Grantee", when e\cl'clslllg any right or obligation
herein, IiIC'llldes the Grantee's officers, employees and agents.
The Grantee, acting by and through its County Executive, duly authorized by resolution Adopted
by the Board of Supa isol's of the County ol' Albeinarle, Virginia, accepts the ccmyeyallce of this
property ptu'suallt CO r'ir,inr! C'(ule S 1124 80% as evidenced by the Cot.inty Becutive's sigiume
hereto and the recordacion (d this Deed.
WITNESS the follo«ingsignatures.
201800008650.006
GRANTOR:
COMMONNNTAUM O L-�l
CITY/COUNTTY OF
RIVERRUN PROPERTY OWNERS ASSOCIATION, INC.
BN?
------- ---
Patrick NVood, President
The foregoing instrument was acknowledged before me this day- of W4
by Patrick Wood, President on behalf of Rivcnlun Property Owners Association nc., Grantor.
12- l�
---- N— --------------------
ote ' Public
'1\4v Commission Exfrires:31 4
Registration number:
— �' —� -----
,,,��� N„� FF
�Q NOTARY ✓ 2
J PUBLIC to
W REG.#7618901 0 -
MY COMMISSION.
p EXPIRES 2 `
�� '• 12/31 /2018
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20`1800008650.007
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
By*eIrIfirexy
/ _______ ichardson, County ExectttiVe
CO,I'kIONN,NT-ALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
Tlie r0regoing instrument 11T;Ls acknow-ledged beton-e nle this 2�clay of
by Jell -rev B. Richardson, Comm- ESeetttlVe, on bellalf of the Count• of Albel axle. Virginia,
Grantee.
-----------------
---
�-------'ola1�- Public
kly Commission Expires:__ — `3-�--
Registration nurllbel:_\A
LEF
1/011.
..........
Q ' NOTARY
A > n-o�-cd as to form:
11
;� VUBuc
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: REG-#7618901
' W : N1Y COMMISSION ; a
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' pjRES _
� EX
'O�' 1213112018.�0
Al e l� - e L nl v Attonlev
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0
PLAT SHOWING A NEW VARIABLE WIDTH
PERMANENT DRAINAGE MAINTENANCE EASEMENT
ON A PORTION OF TAX MAP PARCEL 62D1-2-1
LOCATED OFF EXTON COURT
ALBEMARLE COUNTY, VIRGINIA
TITLE REFERENCES:
ATMP 62D1-2-1
RIVERRUN PROPERTY
OWNERS ASSOCIATION, INC.
182 SPOTNAP RD STE Al
CHARLOTTESVILLE VA, 22911-8661
APRIL 27, 2018
REVISED: JUNE 4, 2018 D.B.
2663
P.
516
SHEET 1 OF 2 D.B.
1639
P.
92 PLAT
D.B.
1445
P.
422 PLAT
D.B.
1246
P.
365 PLAT
D.B.
1639
P.
88 SDCR
D.B.
1246
P.
361 SDCR
D.B.
790
P.
725 SDCR
D,B.
753
P.
715 DCR
OWNER'S APPROVAL:
THE PLATTING OR DEDICATION OF THE FOLLOWING
DESCRIBED LAND, NEW VARIABLE WIDTH
PERMANENT MAINTENANCE EASEMENT
ON A PORTION OF TAX MAP PARCEL 62D1-2-1
LOCATED OFF EXTON COURT ALBEMARLE COUNTY,
VIRGINIA, IS WITH FREE CONSENT AND IN
ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED
OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
I HEREBY CERTIFY THAT THIS EASEMENT PLAT, TO THE BEST
OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT
AND COMPLIES WITH THE MINIMUM PROCEDURES AND
STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD
OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS,
CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS.
I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS
BASED ON A CURRENT FIELD SURVEY.
THE EASEMENT PORTION OF THIS PROPERTY LIES IN AN
AREA DESIGNATED AS ZONE X (UNSHADED)
AREA OF MINIMAL FLOOD HAZARD
e��'�AZ;4/�/� AS SHOWN ON MAPS BY THE FEDERAL
RIVE RUN PROPERTY DATE
``�,rrrerrr,���', EMERGENCY MANAGEMENT AGENCY.
OWNERS ASSOCI TION, INC. LEF DATED: FEBRUARY 4, 2005
NOTARY ✓�2
NOTARY PUBLIC: I/f� ���• P �B6�1g901• �(P
STATE OF Val
CITY/COUNTY OF �� ' w I PAY COMMiSSlB $2Di-2-1 IS WITHIN UPPER RIVANNA RIVER
THE FOREGOING WAS ACKNOWLED p EXPIRES W}��PSHED AND NOT AN AGRICULTURAL -FOREST
t� 12131f2018DtrF6CT.
BETE ME THI AY OF 1,••••............. .••
20 BY ONVjv OM1, 62D1-2-1 IS ZONED: R6
ATMP 62D1-2-1 IS IN THE RIO DISTRICT
N TARY PUBLIC ANY STREAM BUFFER(S) SHOWN HEREON SHALL E
MY COMMISSION EXPIRES: i2 MANAGED IN ACCORDANCE WITH THE WATER
PROTECTION ORDINANCE OF ALBEMARLE COUNTY.
SOME EASEMENTS OTHER THAN THOSE
SHOWN HEREON MAY EXIST.
TH
VICINITY MAP 1" = 2000'
KEY
WEST
ITE
� AFN A
AFN Aq '9�
COUNTY APPROVAL:
"4m=,"r4ff 7/� Ile
AGENT OF THE BOARD OF DATE
SUPERVISORS
J y
CHRISTOPHER B. KEAN
SIC. NO. 2378
LINc
H LN
SURVEYING
Innovation. Integrity. vision.
632 BERKMAR CIRCLE
CHARLOTTESVILLE, VIRGINIA 22901
OFFICE: 434-974-1417
118001700-EP-ALB 18155.PRO 118-0017-00
Ins50�IP
I �
I �O�O�
I ' C9S
w`' S°
I �,pPQ
I
I I
I I
I
IF IF IN CONC. MON. N48„
I 7T"
147
CID OD62-18A
i ^p I PEN PARK ROAD, LLC I
I LU Q I D.B. 3371 P. 422
I--0 D.B. 563 P. 112 PLAT
cc IF I
0Q -- -- IF
Lu
a I
I W I ATMP 62-18
Qo- I SUSAN M. NORFLEET I
I I-- D.B. 3974 P. 464 I
I 07 D.B. 503 P. 574 PLAT
I
I I
I I
I i
i I
lIFC
m Q
I I
I
1
1 I
I I
1
L7
STEEP SLOPES �: •:.
PRESERVED
APPROXIMATE
DRAINAGE EASEMENT
D.B. 790 P. 730 N3908221.33
E11496267 06
N390833`5.60
ATMP 62D1-2-1
COMMON AREA
-------- --�.. VA
------ RA
- - y
- ------ L3 r
N3907872. L15
N49°16'20" E E11496067.97 v STEEP SLOPES <�'
IFS 4 11.08
8 ALBEM 2RLE COUNTY 1 MANAGED
IF PF
THE CITY OF
CHARLOTTESVILLE
VARIABLE WIDTH PERMANENT
DRAINAGE MAINTENANCE EASEMENT
PORTION IN
THE CITY OF CHARLOTTESVILLE
LEGEND:
IF = IRON FOUND
MON = MONUMENT
PF = PIPE FOUND
STEEP SLOPES
PRESERVED
CTMP 48B-1
PARCEL A
CITY OF CHARLOTTESVILLE
D.B. 507 P. 427, 432 PLAT
SCALE: 1" = 100' APRIL 27, 2018
REVISED: JUNE 4, 2018
SHEET 2 OF 21
PPP G DPP 361�
P�NP p,6
kBL-E WIDT PERMANENT
17
E MAIN NANCE EASEMEN
0.493 RES
DEDICATED O
AL8EM_ARLE_g-OJJNTY
FOR PUE0C USE
N3908185.31
E11496423.06 1218.09
TOTAL 1691.37' N48°36'49"E
NEW VARIABLE
WIDTH PERMANENT
MAINTENANCE EASEMENT
LINE
BEARING .
DISTANCE
Li
N48°36'49"E
17.20'
L2
S09"57'59"E
75.22'
L3
S38°43'00"W
99.02'
L4
S15°36'41"E
54.35'
L5
N20°28'50"W
61.53'
L6
N44059'59"W
32.41'
L7
S40°01'47"W
45.35'
L8
S49*08'41"E
67.94'
L9
S54°55'34"E
39.88'
1-10
S58°28'26"E
52.40'
Lii
S40009'03"E
38.52'
L12
S33013'55"E
32.38'
L13
S48°36'49"W
92.74'
L14
N59004'20"W
68,92'
L15
L16
N40°23'15"E
N10002'49"W
91.71'
61.51'
?� !
118001700-FP-ALB 18155.PRO 118-0017-00
201800008650.010
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