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Home My WebLink AboutSUB201900072 Easements 2019-10-28 (5)201900011842.001 VIRGINIA LAND RECORD COVER SHEET FORM A — COVER SHEET�CONTENT Instrument Date: --------10/28/201--9 - ------------------- Instrument Type: __________ DE-PL _ Number of Parcels: ----- 1 __-__ Number of Pages: ___________ [ ] City D< County -------------------------------ALBEMARLE -- -------------------------------- TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [)I Grantee: 17-1: 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 pq County ( RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG FILED Oct 29, 2019 AT 03:47 pm BOOK 05236 START PAGE 0025 END PAGE 0031 INST # 201900011842 TOTAL NUM PAGES 0007 MEB (Area Above Reserved For Deed Stamp Only) Original Instrument Number_ _________________________ -------------------••---------•--------------•--------------.-...------------------ Percentage In This Jurisdiction:.. 100% - --------------- BUSINESS / NAME 1 [ ] Grantor: LAYNE, PHILIP C. ------------------------------------------------------------------------- -- -------------------------------------- 2___ [ ] Grantor: LAYNE, JENNIFER D. -------------------------------•---- --------------•-------------------•-------------------------------------------------- 1 Grantee: COUNTY OF ALBEMARLE'VIRGINIA -----------------------------------.------------- ............. -------------------------------------------------------------------- [ ] Grantee: __------------ GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA --------------------------- ----------------------- --------------•--- Address: 401 MCINTIRE - NORTH WING City: •CHARLOTTESVILLE---------------------------------------- - ---- State: ---VA --- . Zip Code:------------22902 Book Number: 4343 Page Number- ___95-_• Instrument Number_ _____________ ------------- Parcel Identification Number (PIN): 08500-00-00-00-029AiTax Map Number: 85-29A4 _----------• -------- Short Property Description:. SUB2019.00072 -----------••-•----•------------•--•••---------------------•-------------•------------------ ----•------- STILLHOUSE RIDGE ---------------------------- Current Property Address: 1402 STILLHOUSE RIDGE LN ------------------------------------••. ----------- * 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: VA Zip Code: -------------------------------- 22902 FORM CC-1S70 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. 201900011842.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s) 08500-00-00-029A4 This deed is exempt from taxation under Virginia Code § 58.1-81 1(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 � 'rday of , 2019, is by and between PHILIP C..LAYNE and JENNIFER D. LAYNE, 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 VARIABLE WIDTH DRAINAGE EASEMENT" and "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 BookGZ35 page 77q (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 5 (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 4343, page 95; 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 201900011842.003 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 stormwater 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 201900011842.004 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. 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 201900011842.005 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 interest"§ may require. 10. Binding effect. 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 2 201900011842.006 GRANTORS: Philip . Layne COMMONWEALTH OF GINIA C-fTT/COUNTY OF The foregoing instrument was acknowledged before me this aay o , 2019 by Philip C. Layne, Grantor. N tary Pu 1c / My Commission Expire . Registration number: //�( //& T RARRIS PUBLIC iiYril1til%?115@c+�!it bf Virginia My Cfit" - sion ExNMS Oct. 31, �- COMMONWEALTH OF VIR INIA effYYCOUNTY OF -J r 01AAA Je r D. kayne The foregoing instrument was acknowledged before me this `day o 2019 by Jennifer D. Layne, Grantor. �)4l�z� otary Public My Commission Registration number: l0%%119 CARLA B. HARRIS NOTARY PUBLIC Commonwealth of Virginia Reg. #101076 d My Commission Expires Oct. 31, SIGNATURES CONTINUE ON THE FOLLOWING PAGE 5 201900011842.007 GRANTEE: COUNTN OF ALBEMARLE, VIRGINIA By. Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this Q,� day of 2019 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: c : 3►3�1� Registration number: .j Approved as to form: LL - 0nil County Attorney No ary Public CHERYL L. SKEEN - - NOTARY PUBLIC REGISTRATION a 7153762 ' COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES ` OCTOBER 31. 2019 1 d 2Vz Date INSTRUMENT 0 201900011842 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S Oct 29, 2019 AT 03:47 pm JON R. ZUG, CLERK by MEB BOOK 05236 PAGE 0025 - 00031 Z