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HomeMy WebLinkAboutSUB201900117 Easements 2020-01-30COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Date: January 29, 2020 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Deeds of Easement for County Attorney and County Executive Signatures Project Name: SUB201900117 Brookhill Easement Plat and Boundary Line Adjustment Date Submitted: 01/28/2020 Dear Mr. Herrick: The applicant has prepared and submitted two deeds of easement for County signatures and approval. A copy of the plat creating these easements is included in this transmittal package. CDD staff will sign the plat once the County Attorney's office and the County Executive have signed the deeds. The applicant has also provided a Deed of Gift that is associated with the boundary line adjustment proposed with the plat for reference. The deeds are summarized as follows: 1. Deed of Dedication and Easement for anew variable width public storm drain easement; 2. Deed of Dedication and Easement for anew variable width public SWM access easement. Please review these documents at your earliest convenience. Please notify me once the deeds have been signed and approved. Thanks, Lv� Cameron Langille Senior Planner Ext. 3432 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers: A portion of 04600-00-019B3 & 04600-00-00-018AO 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. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this L ay oC✓fW , 2010, is by and among CROCKETT CORPORATION, a Virginia corporation ("Crockett"), to be indexed as grantor, CHARLES R. HAUGH and ELIZABETH ANN OGLESBY HAUGH (collectively "Haugh" and together with Crockett, the "Grantor"), to be indexed as grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Grantee"), to be indexed as 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 PUBLIC SWM ACCESS EASEMENT" (hereinafter, the "Easement"), shown on the plat of Roudabush, Gale & Associates, Inc. dated May 23, 2019, last revised January 13, 2020, entitled BROOKHILL BLOCK 3A TWO -LOT DIVISION, EASEMENT & DEDICATION PLAT TAX MAP PARCELS 46-18, 46-18A, 46-9A2 AND 46-19113 RIVANNA DISTRICT, ALBEMARLE COUNTY, VA" and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (hereinafter, the "Clerk's Office") in Deed Book page (hereinafter, 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 those certain lots or parcels of land situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, designated as (i) "NEW ICE RINK LOT 2.961 AC." and (ii) "TMP 46-18A (REVISED) 26.661 AC." (hereinafter, the "Property") on the Plat, also being the same property conveyed (i) to Crockett by Deed of Gift and Boundary Line Adjustment, recorded in the Clerk's Office in Deed Book , page , and (ii) to Haugh by deed dated August 2, 1993 and recorded at Deed Book 1333, page 450, respectively; and WHEREAS, Crockett and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities and Other Techniques" 1 (hereinafter, the "Crockett Maintenance Agreement") recorded in the Clerk's Office in Deed Book 5110, page 289, in which Crockett has agreed to construct and maintain on -site stormwater management/BMP facilities; and WHEREAS, Haugh 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 "Haugh Maintenance Agreement" and together with the Crockett Maintenance Agreement, the "Maintenance Agreements") recorded in the Clerk's Office in Deed Book 5012, page 588, in which Haugh has agreed to construct and maintain on -site stormwater management/BMP facilities; and WHEREAS, the Maintenance Agreements provide 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 Agreements also provide 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; and 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. Ri t 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 Agreements. 2. Ownership of the facilities. The stormwater management/BMP facilities required to be, constructed and maintained by the Grantor under the Maintenance Agreements 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 Agreements. 3. No obligation on Grantee to insl2ect 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 Agreements. 4. Grantee's right to asses. The Grantee may assign this Easement as its interests may require. 5. Binding erect. 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, the Easement 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 Agreements 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 of Dedication and Easement. [Signature Pages to Follow] 3 WITNESS the following signatures. CROCKETT- CROCKETT CORPORATION, a Virginia corporation By: n,[/+��-► d• /mac .SEAL) Name: Ann O. Haugh Title: President COMMONWEALTH OF VIRGINIA ) ) TO -WIT CITY/COUNTY OF The foregoing instrument was acknowledged before me, « S:�Notary Public, this 14 day of 5 20 F, by Ann O. Haugh, who is either personally known to me or has presented identification of a state issued driver's license. Ann O. Haugh voluntarily acknowledged this instrument as President of Crockett Corporation, a Virginia corporation, on behalf of the company. Notary Public My Commission Expires: W.- I �)00% Registration Number: r 7 r:R S 4 4 . g5 61.. ,v1P R Iti IN" E MY C ' °41zS e . •.� i C*� SIGNATURES CONTINUE ON THE FOLLOWING PAGE HAUGH: , &Z� ELI BETH ANN OGLMBY HAUGH CHARLES R. HAUtH COMMONWEALTH OF VIRGINIA ) } TO -WIT CITY/COUNTY OF The foregoing instrument was acknowledged before me, A•vtz, Notary Public, this _Ej!"day of , 20:�q by Elizabeth Ann Oglesby Haugh, who is either personally known to me or has presented identification of a state issued driver's license. Elizabeth Ann Oglesby Haugh voluntarily acknowledged this instrument. k Notary Public �•rwR ray, My Commission Expires: r 3` pPV . c' % Registration Number: _ "ziy5 ti6a % z' ' , NOTARY e i R 0 s COM_Q'Q'5 0N: COMMONWEALTH OF VIRGINIA ) TO -WIT CITY/COUNTY OF The foregoing instrument was acknowledged before me, CZ '�i 3r\ , Notary Public, this 4day of J tom►-�ti%A Y , 20� by Charles R. Haugh, who is either personally known to me or has presented identification of a state issued driver's license. Charles R. Haugh voluntarily acknowledged this instrument. Notary Public My Commission Expires: Registration Number: 79�;5`t 4's5 SIGNATURES CONTINUE ON THE 5 c,Pg1O R hj;>4 GRANTEE: COUNTYOfAPEA%RLE, VIRGINIA >3y: ` Yffrey B. Richardson County Executive COMMONWEALT OF VIRGINIA CITY/C� OF Q The foregoing instrument was acknowledged before me this day of any Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: fir +, 311, QL,3 Registration number: 4. Approved as to Form: County Attorney i/sa 2ozo — Date - N tart' Public CHERYL L. SKEEN NOTARY PULIC REGISTTRAT ON#71 37$2 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES QCT08ER 3? 2023 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s) A portion of 04600-00-00-018AO & 04600-00-00-019133 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 ) y ay of�h?rIu , 20X is by and between CROCKETT CORPORATION, a Virginia corporation, 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 PUBLIC STORM DRAIN EASEMENT" (hereinafter, the "Easement"), shown on the plat of Roudabush, Gale & Associates, Inc. dated May 23, 2019, last revised January 13, 2020, entitled BROOKHILL BLOCK 3A TWO -LOT DIVISION, EASEMENT & DEDICATION PLAT TAX MAP PARCELS 46-18, 46-18A, 46-9A2 AND 46-19B3, RIVANNA DISTRICT, ALBEMARLE COUNTY, VA" and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (hereinafter, the "Clerk's Office") in Deed Book _ , page (hereinafter, 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 those certain lots or parcels of land situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, designated as (i) "NEW ICE RINK LOT 2.961 AC." and (ii) "TMP 46-19133 (REVISED) 37.612 AC." (hereinafter, the "Property") on the Plat, also being the same property conveyed to the Grantor by (i) deed recorded in the Clerk's Office in Deed Book , page and (ii) deed recorded in said Clerk's Office in Deed Book 5011, Page 170; and WHEREAS, it is the desire and intent of the Grantor 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 Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within 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 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, 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 Grantor does 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 Grantor 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. S. Ri hg t 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 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 2 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 Grantor to maintain the Easement premises. The Grantor 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 Grantor 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. Exclusivi • restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's 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 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. Bindina effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be 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 3 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 of Dedication and Easement. SIGNATURES BEGIN ON THE FOLLOWING PAGE 4 WITNESS the following signatures. GRANTOR: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF CROCKETT CORPORATION, a Virginia corporation By: 6zof - (a. 6La AL) Name: Ann O. Haugh Title: President The foregoing instrument was acknowledged before me, t]�%3,,p Vz- 1�� t\ , Notary Public, this —ftday of t-�L , 20a, by Ann O. Haugh, who is either personally known to me or has presented identification of a state issued driver's license. Ann O. Haugh voluntarily acknowledged this instrument as President of Crockett Corporation, a Virginia corporation, on behalf of the company. Notary Public �z Registration Number:S 16 -6 S 41413536_4 My commission expires: Notary Seal SIGNATURES 3� i D'43 NOTARY �. # P1JMX _ REG.107854M - my COWAISUDN' _ EXPIRES r.. .k: &G PAGE --.,._ ITN �.�•, 5 GRANTEE: COIIW�a MARLE, VIRGINIA By: Jeffr County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this_,�—rr� day of 4 Ly . , 11)4 01tC by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. a No&ry Public My Commission Expires: Le_ • 3 j� P®-3 CHERYL L. SKEEN Registration number: rl j f 3 NOTARY PUBLIC REGISTRATION #7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31 2023 Approved as to form: �3a Z�ZO County Attorney Date C6i Prepared by and return to: Mary Katherine McGetrick, Esq. (VSB #47084) Williams Mullen P.O. Box 1320 Richmond, Virginia 23218-1320 Tax Map Nos.: 04600-00-00-019B3, 04600-00-00-018A0 Consideration: $0 DEED OF GIFT AND BOUNDARY LINE ADJUSTMENT S} THIS DEED OF GIFT AND BOUNDARY LINE ADJUSTMENT ("Deed"), made this day of J P� 2020, by and among CROCKETT CORPORATION, a Virginia corporation ("Crockett"), to be indexed as grantor and grantee; and CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH (collectively, "Haugh"), to be indexed as grantor and grantee, together Crockett and Haugh may be referred to as the "Parties" WITNESSETH: WHEREAS, Haugh is the owner of certain real property situate in the County of Albemarle (the "County"), known as County Tax Map Number 04600-00-00-018AO (the "Haugh Property"); WHEREAS, Crockett is the owner of certain real property situate in the County, known as County Tax Map Number 04600-00-00-019133 (the "Crockett Property"); and WHEREAS, the Parties desire to adjust the boundary lines between the Haugh Property and the Crockett Property, as shown on that certain plat prepared by Roudabush, Gale & Associates, Inc. dated May 23, 2019, last revised January 13, 2020, entitled "BROOKHILL BLOCK 3A TWO -LOT DIVISION, EASEMENT & DEDICATION PLAT TAX MAP PARCELS 46-18, 46-18A, 46-19A2 AND 46-19133 RIVANNA DISTRICT, ALBEMARLE COUNTY, VA" (the "Plat"), a copy of which plat is attached hereto as EXHIBIT A and by this reference made a part hereof. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, the parties hereto agree as follows: 1. Adjustment of Boundary Lines and Conveyance. 1 a . The boundary lines between the Haugh Property and the Crockett Property are hereby vacated and relocated to the locations more particularly shown on the Plat, with (i) Haugh owning such parcel now being identified as "TMP 46-18A (REVISED) 26.661 AC." (the "Adjusted Haugh Property"); and (ii) Crockett owning such parcels now being identified as "TMP 46-19133 (REVISED) 37.612 AC." and "NEW ICE RINK LOT 2.961 AC." (collectively, the "Adjusted Crockett Property") b . Crockett does hereby GIVE, GRANT and CONVEY, with Special Warranty, subject to the liens, conditions, restrictions and agreements set forth herein, unto Haugh all of its interest in the Adjusted Haugh Property. This conveyance is made subject to ail recorded easements, conditions, restrictions and agreements of record as they may lawfully apply to the property or any part thereof, and, without limiting the generality of the foregoing. c . Haugh does hereby GIVE, GRANT and CONVEY, with Special Warranty, subject to the liens, conditions, restrictions and agreements set forth herein, unto Crockett all of its interest in the Adjusted Crockett Property. This conveyance is made subject to all recorded easements, conditions, restrictions and agreements of record as they may lawfully apply to the property or any part thereof, and, without limiting the generality of the foregoing. 2. Free Consent. This Deed is made with the free consent and in accordance with the desire of the Parties, and in accordance with the statutes of Virginia governing the platting of the land; the Plat having been duly approved by the proper authorities of the County of Albemarle, Virginia, as evidenced by their endorsement thereon. 3. Governing mow. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 4. Counterparts. This Deed may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. [SIGNATURE PAGES TO FOLLOW] FURTHER WITNESS THE FOLLOWING SIGNATURES AND SEALS. CROCKETT: CROCKETT CORPORATION, a Virginia corporation By. ANN O. HAUGH, President COMMONWEALTH OF VIRGINIA efTWCOUNTY OF F *� , to -wit: The foregoing instrument was acknowledged before me this *.2 1 st' day of -Tnwu , 2020, by Ann O. Haugh as President of Crockett Corporation, a Virginia corporation, on behalf of the company. Such person is known to me or has produced his/her state issued driver's license as identification. My Commission Expires: 1-3c " ZoZ0 Registration Number: j Ole& � /, 7`r-1 C - Notary Public 3 COMMONWEALTH OF VIRGINIA efTY/COUNTY OF A-6&-7Ae,44 HAUGH: (SEAL) CHARLES R. HAUGH � 5'�" SEAL) ELIZABETH ANN O LES Y HA GH TO -WIT: The foregoing instrument was acknowledged before me this Z I sf day of �l~'' , 2020, by Charles R. Haugh. Such person is known to me or has produced his state issued driver's license as identification. Notary Public My Commission Expires: Registration Number: JO/ COMMONWEALTH OF VIRGINIA -I`PY/COUNTY OF TO -WIT: The foregoing instrument was acknowledged before me this Z / St day of _ QAAA-�A�j 22020, by Elizabeth Ann Oglesby Haugh. Such person is known to me or has produced her state issued driver's license as identification, /, y- 1__, Notary Public My Commission Expires: g-31-7-0 2-0 Registration Number: p/ 9 (p 41652707_2 EXHIBIT A THE PLAT [To be attached]