HomeMy WebLinkAboutSUB201900119 Easements Recorded Plat 2019-08-29 zU13000UUDUZ.UU1
VIRGINIA LAND RECORD COVER SHEET - - - -
PORM A-COVER SHEET CONTENT
RECORDED IN
Instrument Date: 8/20/2019 ALBEMARLE COUNTY,VA
Instrument Type: DE-PL JON R.ZUG
Number of Parcels: 1 Number of Pages: 5 CLERK OF CIRCUIT COURT
I )City D4 County FILED Aug 29, 2019
ALBEMARLE AT 02:06 pm
TAX EXEMPT? VIRGINIA/FEDERAL LAW BOOK 05212
( START PAGE 0672
I Grantor:
( ]Grantee: END PAGE 0680
Consideration: $0.00 INST# 201900009502
Existing Debt: $0.00 TOTAL NUM PAGES 0009
Actual Value/Assumed: $0.00
PRIOR INSTRUMENT UNDER§58.1-803(D): AEB
Original Principal: $0.00
Falr Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only)
Original Book Number. Original Page Number. Original Instrument Number:
Prior Recording At:[ J City[ )County
Percentage In This Jurisdiction:, 100%
BUSINESS/NAME
1 [ ]Grantor: COMBERG,CHRISTIAN A
2 [ ]Grantor. COMBERG,PAMELA R
1 N Grantee: COUNTY OF ALBEMARLE,VIRGINIA
( ]Grantee:
GRANTEE ADDRESS
Name: COUNTY OF ALBEMARLE,VIRGINIA
Address:
City: State: VA Zip Code:
Book Number: Page Number: Instrument Number:
Parcel Identification Number(PIN): 02000-00-00-006AD Tax Map Number. 02000-00-00-006AD
Short Property Description: _Current Property Address:
City: ALBEMARLE State: VA Zip Code: 22903
Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: ROYER CARAMANIS PLC
Recording Returned To: ROYER CARAMANIS PLC
Address: 200-C GARRETT ST
City: CHARLOTTESVILLE state. VA Zip Code: 22902
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FORM CC-1570 Rev:7/15 Page 1 of 1 Cover Sheet A
§§17.1-223,17.1-227.1,17.1-249
Copyright 02014 Office of the lixecutive Secretary.SJpreme Court of Virginia All rights reserved.
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This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 Mclntire Road
Charlottesville,Virginia 22902
Parcel ID 02000-00-00-006AD
This deed is exempt from taxation under Virginia Code§58.1-81 I(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 70 day of AAi3uc , '1_D19,is by and
between CHRISTIAN A.COMBERG AND PAMELA R.COMBERG,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 SWM
FOREST AND OPEN SPACE EASEMENT"(hereinafter,the"Easement")on the plat of
Roudabush,Gale&Associates,Inc.,dated July 9th,2019,last revised)cvgusi-l3 i 2W9 ,
entitled"FOREST AND OPEN SPACE EASEMENT PLAT TAX MAP 20 PARCEL
6AD LOT 24,PHASE 2 ADVANCED MILLS FARM SUBDIVISION,"(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 White Hall Magisterial District of the County of Albemarle,Virginia,
designated as Lot 24,Phase 2,of Advance Mills Farm(hereinafter,the"Property")on a plat by
Rivanna Engineering&Surveying,P.L.C.,dated January 10,2005,last revised October 13,
2005,and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in
Deed Book 3130,page 37,acquired by the Grantor herein by deed recorded in the Clerk's Office
of the Circuit Court of Albemarle County,Virginia,in Deed Book 5113,page 762;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
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201900009502.003
Office in Deed Book 5179,page 651,in which the Grantor has 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 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:
1. 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 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 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.
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5. Binding 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
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.
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201900009502.005
WITNESS the following signatures.
GRANTOR:
By:
Christian A.Comberg
Landowner
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF G t/cQLfJt'Tt'S,11%-►-e
The foregoing instrument was acknowledged before me this day of avIG1/4-)"57
V:ty Christian A.Comberg,Landowner,
Notary Pu lic
My Commission Expires: 5 154 1 2023
Registration number: (O1148-1 "Rtuar
Coa.wwakb of
Mr Co.w4u1o.Et
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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/ GRANT
ela R.Combe
Landowner
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF G40•42-L.oTT1c5✓►l_LJ[_ :
The foregoing instrument was acknowledged before me this? day of A.0-6v51• ,
ZoIq by Pamela R.Comberg.Landownci.
(ThNci7ry Public
My Commission Expires: 51'S► IZ.OZ3 eoe
Notary Palle
Reg NN1417
Registration Number: 10I A- -I • Cogisig"' K�
o
:My Ca ■k+ioe Eaglet �F1_ •
COUNTY a F ALBEMARLE,VIRGINIA
By: 4K/ill-
/ Jeffrey B.Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY/C OF Fhnr1n% tiilid, ••
The foregoing instrument was acknowledged before me thisaa4ay of NI I u> ,
ablalby Jeffrey B.Richardson,County Executive,on behalf of the Board of Superviso?of
Albemarle County,Virginia.
L.
Ntitary Public
My Commission Expires:( k 31 aO49
CHERYLL.SKEEN
Registration Number: rl l53"11e
$t NOTARY PUBLIC
REGISTRATION a 7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31.2019
Ap roved as to Form:
tj /21/2o i 9
County Attorney Date
5
Version:05/23/19
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VICINITY MAP
SCALE: 1"=2,000
1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON
THE PROPERTY SHOWN HEREON.
2. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY PERFORMED ON FEBRUARY 5, 2019 USING MONUMENTS FOUND TO EXIST AT THE TIME
OF SURVEY. THERE ARE NO VISIBLE EASEMENTS OR ENCROACHMENTS EXCEPT AS SHOWN.
3. A PORTION OF THE AREA SHOWN HEREON IS LOCATED IN ZONE "A" AREA DETERMINED TO BE WITHIN 100 YEAR FLOOD PLAIN AS SHOWN ON FEMA MAP
NO 51003C0150D, EFFECTIVE DATE FEBRUARY 4, 2005, AS SHOWN GRAPHICALLY HEREON.
4. PER ALBEMARLE COUNTY GIS THE PROPERTY LIES WITHIN THE NORTH FORK RIVANNA WATERSHED (ABOVE WATER INTAKE) AND IS WITHIN A WATER
SUPPLY PROTECTION AREA, IS NOT LOCATED WITHIN THE STATE DAM BREAK INUNDATION ZONE, AND DO NOT LIE WITHIN AN AGRICULTURAL / FORESTAL
DISTRICT
5. THIS PROPERTY IS ZONED RA (RURAL AREAS) AND FALLS WITHIN THE FLOOD HAZARD OVERLAY DISTRICT
6. SETBACKS PER CURRENT ZONING ORDINANCE ARE AS FOLLOWS: FRONT - 25' MIN., SIDE - 25' MIN., REAR - 35' MIN.
7. THE STREAM BUFFERS SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE.
B. PROPERTY SHALL BE SERVED BY PRIVATE WATER AND PRIVATE SEPTIC SERVICES.
9. THIS PLAT DOES NOT ADDRESS THE EXISTENCE, DETECTION, OR DELINEATION OF ANY ENVIRONMENTALLY SENSITIVE AREAS OR ANY ENVIRONMENTAL
PROBLEMS LOCATED WITHIN THE PERIMETER OF THE PROPERTY SHOWN.
10. THE SWM FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO THE GUIDANCE SET FORTH BY DEQ IN THE VIRGINIA STORMWATER MANAGEMENT PROGRAM.
1HE AREAS WILL REMAIN UNDISTURBED IN A NATURAL, VEGETATED STATE, EXCEPT FOR ACTIVITIES AS APPROVED BY THE LOCAL PROGRAM AUTHORITY,
SUCH AS FOREST MANAGEMENT, CONTROL OF INVASIVE SPECIES, REPLANTING AND REVEGETATING, PASSIVE RECREATION (E.G., TRAILS), AND LIMITED
BUSH HOGGING TO MAINTAIN DESIRED VEGETATIVE COMMUNITY(BUT NO MORE THAN FOUR TIMES A YEAR). FURTHER RESTRICTIONS APPLY TO AREAS
WITHIN THE WPO BUFFER.
11. OWNER OF RECORD: COMBERG, CHRISTIAN A. & PAMELA R. COMBERG. SOURCE OF TITLE: DB 5113 PG 762. PLAT: DB 3130 PG 37.
STATEMENT OF CONSENT
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND KNOWN AS
02000-00-00-DO6AD PER CURRENT COUNTY TAX MAPS IS WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRE- NDERSIGNED OWNERS,
PROPRIETORS AND TRUSTEES, IF ANY.
(s,...._(,r
.1•
CHRISTIAN A. OR PAMELA COMBERG
620 FRAYS RIDGE ROAD
EARLYSVILLE VA, 22936
COMMONWEALTH OF VIRGINIA -
CI COUNTY OF:C.-1-4AQ1-Qf-1t 5VIL1G
TO WIT: THE FORDING INSTRUMENT WAS ACKNOWLEDGED
BEFORE ME THIS �w DAY OF f ),E U's•T 201cI.
� � A.I '..... Tana S.Russell
I ` Nolory Public
NATUR OF NOTARY PUBLIC Reg w101487
Commooweelth of rplol
My Commirrion Espircr ' Zit
REG. NO.: 1 CA LA'S—1
iMY COMMISSION EXPIRES: S ' 2. OF
i 8f1711'1 4/1/ :.PCt
1 COUNTY APPROVAL: ()BRIAN D JAMISON
No. 9394
08-13-2019
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EASEMENT LINE TABLE
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Length Line Direction Len 9 / --
E '
E1 S 76'20'39' E 142.03' 1 0 --''il
IF ®3.56' E7 0�r166r '(1E� ?p0 RlP
E2 N 82'42'52' E 240.77' fB /. �gp,16 l ��0�BAR
E3 S :: : :
161.04' NEW VARIABLE WIDTH SWM FOREST AND OPEN
E4 S 148.55' SPACE EASEMENT 100 YEAR •�,
E5 S 36'31'46" W 267.42' Zr)N AREA=2.650 AC. FLOODPLAIN •�O N
•
E6 N 64'28'17' W 297.55' C
N 9
E7 N 87'46'23" W 285.55' 0
0
E8 N 14'59'42' E 152.47' /tw ��^D. 0
o)
a LOT 24 �.
22.003 AC. „\4/ °Q
LOT 26 Doti
LOT 23
~'' IF /.
161
tS-
2.4.1` c /
\ �� G����' LOT 22 /,
LOT 25 T9. .`{",
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4. BOUNDARY CURVE TABLE
/' / �/'' Curve Length Radius Delta Tangent Chord Chord Bearing
/0� Cl 151.66' 60.00' 144'49'38' 189.30' 114.39' S 55'06'53' W
-/�/-' C2 32.40' 35.00' 53'02'38" 17.47' 31.26' S 09'13'23" W
r.,
�'' -/- C3 240.35' 975.00' 14'07'26' 120.78' 239.74' S 42'48'25' W
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9934
934
200 0 200 400 600 LEGEND No.No.3
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•
RECORD INS TRUMENT•201900009502
ED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE
Aug 29.2019 AT 02 06 pm
JON R.ZUG.CLERK by MEB
BOOK 05212 PAGE 0672-00680