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Home My WebLink AboutSUB201900072 Easements 2019-10-28 (3)201900011841.001 VIRGINIA LAND RECORD COVER SHEET FORM A — COVER SHEET CONTENT Instrument Date: 10/28/2019 ------------------------------- Instrument Type: __________ DE-PL - ----------- Number of Parcels: � ____- Number of Pages: ___ -W [ ] City pQ County -------- •-•........... -------- ALBEMARLE.................. -............ TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: ......................................................... [>I Grantee: 1.7-1: 266 Consideration: .....••-••......- $0.00 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 ------------• ...... _.............. Original Book Number: ---------- Original Page Number: ___....... Prior Recording At: [ ] City [X] County RECORDEDIN COUNTY, V JON R. ZUG A OF IRC'SIT I►�r FILED AT Oct 29, 2019 BOOK 03:45 pm START PAGE 05236 END PAGE 0018 ►NST # 0024 2019000,1841 TOTAL NUM PAGES 0007 MES (Area Above Reserved For Deed Stamp Only) Original Instrument Number_ _______________________-- --•-------------------------------------------------•-------....................... Percentage In This Jurisdiction: BUSINESS / NAME 1 ___ [ ] Grantor: HEALY, TIMOTHY D. ------- 2... [ ] Grantor: HEALY, LISA M. -- --................................................ 1-__ DQ Grantee: COUNTY OF ALBEMARLE, VIRGINIA ---------------------------------------- ..................................... -•---•-- [ ] Grantee: -•--•------•---------•-----------•- GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA --------------------------------------•------------•......... Address: 401 MCINTIRE RD -NORTH WING City:_CHARLOTTESVILLE-------------------------------------------------- State: VA Zip Code: Book Number: 3513 Page Number. 349 Instrument Number: Parcel Identification Number (PIN): 08500-00-00-029A7, Tax Map Number: 85-29A7 Short Property Description: SUB2019-00072 .......................................................•--•------. STILLHOUSE RIDGE 100% ------------ - ---------------•.--- -----------•-------•--.................... ........................................... -------------------------------------••---- ............................................ ......................... ................. - -----------------------------------------• •. 22903 ------------- ............................................. ----------------------------------------------- .....------- ------------ ---- ----------------------------------- ----------------------- Current Property Address:. _ 1483 STILLHOUSE RIDGE LN ------------•............................................. City:_ CHARLOTTESVILLE State:.___VA___. Zip Code: ___________ 22903 ------------------------------------- -........... Instrument Prepared By: CARLA HARRIS Recording Paid By: COUNTY OF ALBEMARLE ...................... -------................... Recording Returned To: CARLA HARRIS Address: COMMUNITY DEVELOPMENT DEPT 401 MCINTIRE RD -NORTH WING ------------------------------------•----•-•-------•••--•-----------..- City; CHARLOTTESVILLE State: .... Zip Code: --------------•----------------------------------------- --- FORM CC-1570 Rev: 7/15 P §§ 17.1-223, 17.1-227.1, 17.1-249 1 of 1 ti 22902 Cover Sheet A Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 201900011841.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s) 08500-00-00-029A7 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT(( THIS DEED OF DEDICATION AND EASEMENT, dated this 'day o , 2019, is by and between TIMOTHY D. HEALY and LISA M. HEALY, husband and wife, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantors are 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 20' DRAINAGE EASEMENT" to be dedicated to public use, shown on the plat of Kirk Hughes & Associates, dated September 13, 2013, last revised May 13, 2019, entitled "PLAT SHOWING VARIOUS EASEMENTS ACROSS STILLHOUSE RIDGE," and recorded at Deed Book'5235, page 7'74 (hereinafter, the "Easement" and the "Plat"). 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 Samuel Miller Magisterial District of the County of Albemarle, Virginia, designated as Lot 8 (hereinafter, the "Property") on a plat by Kirk Hughes & Associates, dated June 1, 2004, last revised May 14, 2005 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3159, page 94, also being the same property conveyed to the Grantors herein by deed of bargain and sale, recorded in said Clerk's Office in Deed Book 3513, page 349; and WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within 201900011841.003 the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. 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 Grantors do 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct reconstruct install maintain repair, change alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling ston-nwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantors adjacent to the Easement between any public or. private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its 2 201900011841.004 own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantors to maintain the Easement premises. The Grantors shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcover, and making any other aesthetic improvements desired by the Grantors that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on and across the Property in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantors nor any person acting under the Grantors' express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement -or any Improvement located within the Easement; and such persons shall not 201900011841.005 construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Bindingeffect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantors, the Grantee, and their successors and assigns. All references herein to the "Grantors" 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. 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 this conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. SIGNATURES BEGIN ON THE FOLLOWING PAGE 0 201900011841.006 GRANTORS: COMMONWEALTH OF VIRGINIA ,GFFY/COUNTY OF The foregoing instrument was acknowledged before me this cTa , 2019 by Timothy D. Healy and Lisa M. Healy, husban and wife, Grantors. tary ubli My Commission Expire 77a Registration number: CARLA B. HARRIS NOTARY PUBLIC Commonwealth of Virginia Reg. #101076 Fkm4y commission Expires Oct. 31, nzkPl SIGNATURES CONTINUE ON THE FOLLOWING PAGE 201900011841.007 GRANTEE: COUNT F ALBEMARLE, VIRGINIA By: Je ey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: �L The foregoing instrument was acknowledged before me this ad —day of 2019 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. �"I,LL-1/nr" Not ry Public My Commission Expires: 3otcl CHERYL L. SKEEN NOTARY PUBLIC Registration number: REGISTRATION a 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 Approved as to form: I 10 /zz Za r County Attorney Date INSTRUMENT # 201900011841 CE RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Oct 29, 2019 AT 03:45 pm JON R. ZUG, CLERK by MEB BOOK 05236 PAGE 0018 - 00024