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HomeMy WebLinkAboutSUB201900138 Easements 2020-02-21COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 _ Fax (434) 972-4126 Date: February 19, 2020 Andy Herrick County Attorneys Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Deeds of Easement for County Attorney and County Executive Signatures Project Name: SUB201900123 Brookhill Easement Plat Date Submitted: 02/19/2020 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 Attorneys 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, 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 Number: 04600-00-00-019A1 (previously part of 04600-00-00-019A0) 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 EASEMENT, dated this 14+Way of February, 2020, is by and between CA SENIOR CHARLOTTESVILLE VA PROPERTY OWNER, LLC, a Delaware limited liability company (the "Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "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 "Variable Width Public SWM Access Easement" (hereinafter, the "Easement") as shown on that certain plat entitled "Easement Plat Brookhill, Block 8A, Tax Map 46 Parcel 19A1," dated September 6, 2019, and last revised January 8, 2020 (hereinafter, the "Plat"), a copy of which is attached hereto as Exhibit A 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 County of Albemarle, Virginia, known as and designated as "TMP 19A1 (Revised) (Parcel 8A Revised -Stella Lane R/W)," containing 5.521 acres more or less (hereinafter, the "Pro e�rty"), as shown on that certain plat entitled "Plat Showing Boundary Line Adjustment of Tax Map Parcels 46-19A1 & 4619A2, Rivanna District, Albemarle County, VA", dated April 16, 2019, last revised May 16, 2019, made by Roudabush, Gale & Associates, Inc., and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5169, page 242-245, also being the same property conveyed to the Grantor herein by General Warranty Deed of Crockett Corporation, a Virginia corporation, recorded in said Clerk's Office in Deed Book 5259, page 734. 71246078.5 WHEREAS, the Grantor's predecessor -in -title and the Board of Supervisors of Albemarle County, Virginia entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 5012, page 579, in which the Grantor's predecessor - in -title agreed to construct and maintain on -site stormwater management/BMP facilities. WHEREAS, the Maintenance Agreement provides in part that the Owner (as defined in the Maintenance Agreement) 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. WHEREAS, the Maintenance Agreement also provides in part that, if the Owner (as defined in the Maintenance Agreement) 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 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, and in accordance with, 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. 2 71246078.5 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. 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, 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 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. [Signature Pages Follow] 3 71246078.5 WITNESS the following signatures. GRANTOR: CA SENIOR CHARLOTTESVILLE VA PROPERTY OWNER, LLC, a Delaware limited liability company By: Name: Benjamin Burke Title: Authorized Signatory COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this ,'ay of February, 2020, by Benjamin Burke, as Authorized Signatory of CA SENIOR CHARLOTTESVILLE VA PROPERTY OWNER, LLC, Grantor. Notary Pu lic My Commission Expires: Brian Kenneth Bey Registration number: NOTARY PUBLIC STATI OF COLORADO NOTARY ID 20V4033890 My COMM!"ION EXPIRES 08/11/21 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 71246078.5 Signature Page to Deed of Dedication and Easement GRANTEE: COUNTY ALBEMARLE, VIRGINIA By: �r effirey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/� OF - The foregoing instrument was acknowledged before me this a4 day of` �. _ -Dt� by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. No Public My Commission Expires: Qe_ jr . _b l , 40 Registration number: 2yALa Approved as to Form: 2h1hoz County Attorney Date CHERYL L, SKEEN NOTARY PUBLIC REGISTRATIN #7153762 'nMMONWEA� H OF VIRGINIA +ly COMMISSION EXPIRES C`CTO8ER 31 2023 71246078.5 Signature Page to Deed of Dedication and Easement EXHIBIT A PLAT See attached. Exhibit A 71246078.5 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel 1D Number: 04600-00-00-019A1 (previously part of 04600-00-00-019A0) 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 bAday of February, 2020, is by and between CA SENIOR CHARLOTTESVILLE VA PROPERTY OWNER, LLC, a Delaware limited liability company (the "Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "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 "Variable Width Public Storm Drain Easement" (hereinafter, the "Easement") as shown on that certain plat entitled "Easement Plat Brookhill, Block 8A, Tax Map 46 Parcel 19A1," dated September 6, 2019, and last revised January 8, 2020 (hereinafter, the "Plat"), a copy of which was recorded immediately prior hereto. 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 County of Albemarle, Virginia, known as and designated as "TMP 19A1 (Revised) (Parcel 8A Revised -Stella Lane R/W)," containing 5.521 acres more or less (hereinafter, the "Pro a "), as shown on that certain plat entitled "Plat Showing Boundary Line Adjustment of Tax Map Parcels 46-19A1 & 4619A2, Rivanna District, Albemarle County, VA", dated April 16, 2019, last revised May 16, 2019, made by Roudabush, Gale & Associates, Inc., and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5169, page 242-245, also being the same property conveyed to the Grantor herein by General Warranty Deed of Crockett Corporation, a Virginia corporation, recorded in said Clerk's Office in Deed Book 5259, page 734. 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. 71247913.4 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 Property, 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. Upon at least seven (7) days' advance written notice to Grantor, 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. Notwithstanding the foregoing, Grantee shall not be required to provide such notice prior to entry in cases of emergency, on the condition that Grantee provides the Grantor with written notice thereof as soon as reasonably possible, but in no case later than twenty- four (24) hours after such entry. 2 71247913.4 4. Right to ins ect, maintain and overate the Improvements. The Grantee may enter the Easement in accordance with Section 3 above to inspect, maintain and operate the Improvements. Any inspection, installation, maintenance, repair, replacement, and operation of said Improvements by Grantee shall be performed in a good, workmanlike and lien free manner, in accordance with applicable laws and regulations, and shall be performed as expeditiously as possible so as to minimize interference with the use of Grantor's Property. Grantee, at its sole cost and expense, shall restore such Easement area to a condition as good as or better than it was prior to such inspection, installation, maintenance, repair, replacement, or operation. 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 own expense, shall restore such Easement area to a condition as good as or better than it was prior to such work. This restoration shall include, without limitation, the backf fling 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 shall be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing, repairing, or maintaining any of the Improvements, In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, repair, maintenance or operation of an Improvement, and shall restore the surface thereof to a condition as good as or better than it was prior to such work. 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 3 71247913.4 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. Te;ppoLW construction easement. The Grantee shall have a temporary construction easement within fifteen (15) feet of the Easement on either side in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall automatically expire upon completion of the work. 8. Grantee's right to assign. Upon prior written notice to Grantor, the Grantee shall have the right to assign this Easement as its interests may require. 9. Reservation of Rights. Grantor hereby reserves the right to locate other utilities in the Easement premises and further reserves the right to use said Easement premises for any purpose whatsoever so long as the same do not substantially interfere with Grantee's right to install, maintain, repair, and replace the Improvements. The use of the surface areas of the Easement premises for vehicular parking, vehicular and pedestrian traffic, and for landscaping does not substantially interfere with Grantee's rights hereunder. Grantor hereby reserves the right from time to time in its sole discretion to relocate, at its expense, such Improvements over its Property. If such Improvements are relocated, the Grantor will grant to Grantee a new easement and Grantee will release the existing easement. 10. Indemnification. Grantee hereby expressly agrees to hold harmless and indemnify Grantor from and against any and all liability resulting from the acts and work performed by Grantee pursuant to this Deed. 11. Binding 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 assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. 12. Counteroarts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 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. 4 71247913.4 WITNESS the following signatures. SIGNATURES BEGIN ON THE FOLLOWING PAGE 71247913.4 WITNESS the following signatures. GRANTOR: CA SENIOR CHARLOTTESVILLE VA PROPERTY OWNER, LLC, a Delaware limited liability company By: Name: Benjamin Burke Title: Authorized Signatory G A [ ® lono(o CITY/COUNTY OF : AMPW The foregoing instrument was acknowledged before me this L day of February, 2020, by Benj amin Burke, as Authorized Signatory of CA SENIOR CHARLOTTESVILLE VA PROPERTY OWNER, LLC, Grantor. 111� My Commission Expires: ` Notary Public Registration number:' Brlan Kenne#h Elay NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201740338w MY COMMISSION E7(PIRES 08/11/21 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 71247413.4 Signature Page to Deed of Dedication and Easement GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: y 4e� B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/EeUN9F OF j 1 The foregoing instrument was acknowledged before me this g4 —day of aDIo by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: 1.GLpQ-,;� Registration number: r g- Approved as to Form: County Attorney ZVZO 20 Z 0 Date y Public CHERYL L. SKEEN NOTARY PUBLIC R EG I STRATI ON # 7153762 COMMONWEALTH Of VIRGINIA MY COMMISSION EXPIRES OCTOBER 31. 2023 71247913.4 Signature Page to Deed of Dedication and Easement EXHIBIT A PLAT See attached. Exhibit A 71247913.4