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HomeMy WebLinkAboutWPO201800051 Other 2020-01-10Instrument Type Instrument # Book/Page 1 st Grantor 1 st Grantee Description: Consideration: Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: MARY KATHERINE MCGETRICK, ESQ. Cashier: MEB AMEND 201900010698 05224 / 0183-00191 Pages : 9 CROCKETT CORPORATION COUNTY OF ALBEMARLE VIRGINIA SEE INSTRUMENT -AMENDMENT TO DEED OF DEDICATION 0.00 Assumed Value: 0.00 Receipt #: 2019-047170 Date : 10/01/2019 12:26pm Document: 1 of 2 Ex: Y Ex: Y Pct : 100.00% 1 st City: Y Item # Description Qty Unit Cost Extended 035 VOF 1 1.00 1.00 301 Clerk 1-10 Pages 1 14.50 14.50 145 VSLA 1 1.50 1.50 106 TTF 1 5.00 5.00 Document 1 22.00 Customer Copy VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 9/24/2019 Instrument Type: ------___AMEND -------------- Number of Parcels: Number of Pages: ]City D4 County ------- ------ ALBEMARLE,---, ---------------------- TAX EXEMPT? VIRGINIA/FEDERAL LAW [>4 Grantor: [)I Grantee: 1 - (P�). _01 ----------------------------------- Consideration: ------------------------------- $_0.00 ---------------------- Existing Debt: --- ---------------------------$Q,00 ------_---------- - Actual Value/Assumed: ------------------- $-0-.00 --------------------- PRIOR INSTRUMENT UNDER § 58.1-803(p): Original Principal: -------------------------------- $0,0_0 ------------ Fair Market Value Increase: ------- $0.1.0.0.. Original Book Number: ---------- original Page Number: Prior Recording At: City County 100% Percentage In This jurisdiction: - - ------- (Area Above Reserved For Deed Stamp Qn1yj ------ --- Original Instrument Number: . .. ................ __.. BUSINESS / NAME MGrantor: CROCKETT CORPORATION -------­----------------- D-Q Grantor: BROOKHILL APARTMENTS -------- ........ . .......... — ---------- --- -----------------­----- ---------------- _ --- DQ Grantee: COUNTY OF ALBEMARLE, VIRGINIA--------------­_­ --------------------------------- ­­ ....... - --------- --- - - ---------------- I ---------------------------------- [ ] Grantee: -------_---- ---------- - ----_-------- -------------- __ .............................. — ......... __ ...... GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA ­ ---------- --------------- — ------------------------ — ........... ------------------------- Address: 401 MCINTIRE RD 4TH FLOOR ------- I -------- ­­__-­­..1 --------- -------- - -------------------- - --------- City: CHARLOTTESV . IL - LE ---------------- , State: ..-,VA___ Zip Code:22902 - -------------- ----------------- --------- ----- I ............. ....... Book Number: ... .... Page Number: ------ _ - Instrument Number: ....... ................... Parcel Identification Number (PIN): .0 - 4600-00-00 - -0 - 19B ' 1 .... Tax Map Number: N/A------- ---------- ­__ -------- Short Property Description: SEE INSTRUMENT -AMENDMENT TO DEED OF DEDICATION ------------------------------------ ----------------------------- - ----­------ -------------------- -------------- — --------------- ------- — -­------------ - ---------- --­ ......................... . BROOKHILL PARCEL, RIVANNA DIST ....... Current Property Address; ------ 22911 city: 9HPALOTTESVILLE ----- . ....... State: Zip Code: ------------- -- -- -- ------- Instrument - P re . p . are - d . By: ___ , WILLIAMS - - - - - M . ULLE ' N ---------- Recording Paid By: MARY KATHERINE MCGETRICK, ESC ---------------- __ ----------------- ---- - ----------- Recording Returned To: -MARY KATHERINE MCGETRICKA.E.S.Q...— ------------ -­--------- ........ Address: WILLIAMS MULLEN 321 EAST MAIN ST, SUITE 400 ---- ----- ------ ------------------------------- --------- ---------- ....... - ------- - - - -------------------------- VA Zip Code: 22902 CHARLOTTESVILLE State: ------- -- I ----------- city---------­------- ­.­­ .... - FORM CC-1570 Rev: 7/15 Page 1 of 2 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright C 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: - ----- W/ 4/2019------- Instrument Type: ------ AME_N_D_ ----- Number of Parcels: _- _ �Number of Pages: 7 [ ] City N County ---------- I-------------------ALBEMARLE----------------••-_---------- PARCELS IDENTIFICATION OR TAX MAP Prior Recording At: [ ] City [ ] County -- - ------ PercentageInThis jurisdiction: --------------- 100%- ___-___- Book Number: ---------- Page Number: ---------- Instrument Number: _________________________ ___ Parcel Identification Number (PIN): 04600-00700-019134-- (Area Above Reserved For Deed Stamp Only) Tax Map Number: _NIA------------------------� - ShortPropertyDescription: _S,EE-INSTRUMENT--------- _............ ----------- __....... _______________...... ___-------------- --- ------ - - -....--------- .. - CurrentPropertyAddress: BROOKHILL PARCEL,_RIVANNA_D.IST CHARLOTTESVILLE-------------- .-------------- ..-.-_ city:.CHARLOTTESVILLE.-_- State: --_VA, _. Zip Code: __•--_-.•..22911 ,..-.•-__- Prior Recording At-[ ] City [ ] County Percentage In This Jurisdiction:. _ _ - Book Number: Page Number: ------------- Instrument Number: _____________________________ Parcel Identification Number (PIN): ___.... ___---- ___ ----------- Tax Map Number- ---------------------------------- __ — ShortProperty Description------------------------------------••---••-•-•---._._._....-----------------_--- ----------------- ----•------- ___ ----------•-_-- CurrentProperty Address: ------------_----------- ------- =------ --- --------------- -------------- --------- ------------•_•••...---.................. City: ••••--- - -- - • 5tate: _ ------ Zip Code- ---- - ------------- -------------- FORM CC-1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§ 17.1-223, 17,1-227.1, 17,1-249 Copyright © 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers 04600-00-00-019B1 and 04600-00-00-019134 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. AMENDMENT TO DEED OF DEDICATION AND EASEMENT THIS AMENDMENT TO DEED OF DEDICATION AND EASEMENT, dated this 2.+tL day of Se tern , 2019, is by and between CROCKETT CORPORATION, a Virginia corporation ("Crockett"), and BRO[ ERML APARTMENTS, L.LC, a Virginia limited liability company (each a "Grantor" for indexing purposes, and collectively referred to herein as "Grantor"), Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), Grantee. WITNESS: WHEREAS, Crockett is the owner of the real property shown on the current tax maps of Albemarle County as Tax Map Parcel Number 04600-00-00-019134 (the "Crockett Parcel") and shown as "TMP 46-19134" on the "Comprehensive Easement Plat for Brookhill Blocks 1-8, Rivanna District, Albemarle County, VA," prepared by Roudabush, Gale & Associates, Inc., dated October 2, 2018, last revised November 16, 2018, and recorded in Deed Book 5121, page 644 (the "Plat"); WHEREAS, Brookhill is the owner of the real property shown on the current tax maps of Albemarle county as Tax Map Parcel Number 04600-00-00-019B 1 (the `Brookhill Parcel") and shown as "TMP 46-19B1" on the Plat (together, the Crockett Parcel and the Brookhill Parcel are referred to herein as the "Property"); WHEREAS, Crockett is the fee owner of that certain real property shown on the Plat and designated as "SWM FACILITY EASEMENT" located in Albemarle County, Virginia, and dedicated to public use by that certain Deed of Dedication and Easement dated December 13, 2018 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5121, page 676 (the "Original Easement"); WHEREAS, the Virginia Department of Transportation ("VDOT") is the current owner of a certain easement and improvements including a storm water management pond located on the Property (the "SWM Pond"), shown on a Certificate of Take recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4712, page 51; WHEREAS, Brookhill intends to assume the easement rights and the SWM Pond from VDOT (the "VDOT Property") and to assume maintenance of the SWM Pond; WHEREAS, the County has approved a Virginia Stormwater Management Plan submitted for the Property by Grantor entitled "BLOCKS 4A AND 4B APARTMENTS VIRGINIA STORMWATER MANAGEMENT PLAN WP020180005I," dated October 19, 2018, prepared by Bohler Engineering (the "Plan"), approved by the County on December 20, 2018, which Plan includes improvements to the existing SWM Pond (including but not limited to all components designed to regulate flow, provide storage for runoff and ensure the safe operation of the system) (defined herein collectively as the "SWM Improvements"), on the Property; WHEREAS, the SWM Improvements are intended to enhance the existing SWM Pond, and to manage onsite stormwater caused by future development of the Property; WHEREAS, the SWM Improvements have been reviewed by VDOT and approved by the County as meeting the applicable design requirements for redirection and inclusion of stormwater generated from Route US 29 (the "Offsite Stormwater"), and which is currently maintained, as of the date of this Agreement, in the SWM Pond; WHEREAS, the SWM Improvements have also been reviewed by VDOT and approved by the County to manage stormwater generated by the future development of the Brookhill Parcel and the Crockett Parcel as proposed in the Plan; and WHEREAS, the parties herein desire to amend the Original Easement to ensure sufficient maintenance to maintain the structural integrity and the proper function of the SWM Pond and the SWM Improvements. NOW, THEREFORE, in consideration of the premises, which are a part of this agreement, the mutual covenants and agreements contained herein, the benefits to the parties from entering into this agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree and covenant as follows: Grantor shall construct the SWM Improvements in accordance with Plan and provide as -built data and drawings, soil reports and other certifications requested by the County and/or 2 VDOT in order to document compliance with the approved designs. VDOT and its agents shall have the rights to inspect and perform maintenance on the SWM Improvements hereby granted to the County. 2. An express intended purpose of the SWM Improvements is to manage all stormwater discharge generated from Route US 29 (previously defined as "Offsite Stormwater"). Grantor expressly agrees that such Offsite Stormwater may be discharged to, into and within the SWM Improvements, by right, and hereby grants to the County an irrevocable, perpetual, non-exclusive storm drainage easement on and over the Property encompassing the storm drain pipes, storm drain structures and storm water management pond as shown by the approved Site Plan(s) associated with the development of the Property for the discharge of such Offsite Stormwater. Grantor and its successors and assigns shall not have the right to any claim against the County or VDOT, the Commissioner of Highways or the Commonwealth of Virginia related to, or as a result of, the discharge of the Offsite Stormwater into the SWM Improvements, including without limitation, any claim for inverse condemnation, adverse possession, money damages, or the cost of any repairs to, or maintenance of, the SWM Improvements. Grantor shall expressly include this condition in any conveyance documents for the properties referenced in the Deed of Dedication and Easement and this Amendment thereto and any properties that could be affected by the discharge of Offsite Stormwater into the SWM Improvements. 3. Grantor shall provide, and hereby grants to the County, VDOT, and their agents, a perpetual, non-exclusive access easement and over the Property, including but not limited to that portion that encompasses the storm drainage easement and paved surfaces located on the Property as shown by Site Plan(s) related to the development of the Property to conduct maintenance inspections of the SWM Improvements. Such inspections will be performed at reasonable times (between 8:30 A.M. and 5:00 P.M., Monday through Friday). Grantor, or its agent, shall have the right to be present at such inspections; provided, however, that the County and VDOT shall not be required to delay or reschedule any inspection due to the Grantor's inability to be present. To the extent practicable, the County, VDOT and/or their agents, shall notify the Grantor in advance of the date and time of any inspection. The County shall also provide copies of the maintenance inspection reports to the Grantor, upon request. 4. In the event of any default or failure by the Grantor in the performance of any of the covenants and warranties pertaining to the maintenance of the SWM Improvements, as provided herein, the County or VDOT and its agents, after providing reasonable notice to Grantor, may enter upon the Property and perform the necessary maintenance or repairs. 5. Except as set forth in this Amendment, all of the terms and provisions of the Original Agreement shall remain unmodified and in full force and effect. To the extent that there is any conflict between the terms of this Amendment and the Original Agreement, the terms of this Amendment will govern. 6. This Amendment and the Original Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia, and shall not be further modified except in writing signed by all the parties. This agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties to it. This agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGES] 0 WITNESS the following signatures. GRANTOR: COMMONWEALTH 01 VIRGINIA -P_�COUNTY OF /fL4"A-Z-4 CROCKETT CORPORATION, a Virginia corporation By: j Ann O. Haugh, tes�idet TO -WIT: 1.&ir Dwon fistgh h NOTAMY Pupw_c , a Notary Public, in and for the aforesaid jurisdiction, do hereby certify that Ann. O. Haugh, whose name is signed to the foregoing Agreement as President of Crockett Corporation has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. GIVEN under my hand this ?" Kday otItR0 01 g. Notary Public R [Affix Seal or Stamp] My commission expires: g - ,fit ' Z-0 e � `• Registration Number: ►►r►rrrsr�� SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTOR: BROOKfULL APARTMENTS, LLC, a Virginia limited liability company By: CDG Holdings, By: Haystack Corpc COMMONWEALTH OF VIRGINIA CITY/COUNTY OF C. x-r10{%5,�, «e , TO -WIT: Managing Member , Manager , President I, SPA 3- C ly , a Notary Public, in and for the aforesaid jurisdiction, do hereby certify that Andrew E. McGinty, whose name is signed to the foregoing Amendment as President of Haystack Corporation, as Manager of CDG Holdings, LLC, as Managing Member of Brookhill Apartments, LLC has acknowledged the same before me in the jurisdiction aforesaid. Such person is known to me or has produced his state issued driver's license as identification. GIVEN under my hand this day of x 2019. AZ-/-- / L 6 wl Notary Public STEPHEN B. CLAY NOTARY PUBLIC REG. #7MU76 [Affix Seal or Stamp] COMMONWEALTH OF VIRGINIA ,.iSSION EXPIRES MARCH 31, 2023 My commission expires: M._,1� 31-- Registration Number: '7s? 3 - 7/_ T� SIGNATURES CONTINUE ON THE FOLLOWING PAGE Cel GRANTEE: GO T OF'AbBEMARLE, VIRGINIA r Joiffey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/EOb';Pi� OF 1-)� j; UL The foregoing instrument was acknowledged before me this day of 1, E'4 2019 by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia, Grantee. L• N tary Public My Commission Expires: bc-L31, ,-)D1 CHERYLL SKEEN NOTARY PUBLIC Registration number: �3'7ba- REGISTRATION u 7153t g COMMONWEALTH OF VIRGINIA MYOCCMOBIERION 31. 2X019RES A proved as to Form: ..j'u- j- County Attorney Date 40908394_2 7