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Home My WebLink AboutSUB201900061 Easements 2020-03-12This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers: 05600-00-00-04500, 05600-00-00-045A2, 056D0-00-00-00100, and 056DO-00-00-00200 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 (Stormwater Management Easement) THIS DEED OF EASEMENT, dated this 124L-day of A4,4 *L,4/ , 2020, is by and between STONY POINT DESIGNBUILD, LLC, a Virginia limited liability company, ("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 in Albemarle County, Virginia with Parcel ID Numbers: 05600-00-00-04500, 056D0-00-00-00100, and 056D0-00-00- 00200, acquired by deed recorded in the Clerk's Office of the Albemarle County Circuit Court in Deed Book 4951, Page 170, and of Parcel ID Number 05600-00-00-045A2, acquired by deed recorded in the Clerk's Office of the Albemarle County Circuit Court in Deed Book 5126, Page 635, collectively hereinafter referred to as the "Property"; WHEREAS, the Grantor is proceeding to build on and develop the Property; WHEREAS, the Grantor wishes to grant unto the Grantee various storm water easements, (collectively, the "Easement") over, under and across the Property; WHEREAS, the Easement is more particularly identified as "NEW 20' PUBLIC DRAINAGE & SWM ACCESS EASEMENT," "NEW 10' PUBLIC DRAINAGE EASEMENT & SWM ACCESS EASEMENT," "NEW 12' SWM FACILITY ACCESS ESMT.," "NEW SWM FOREST AND OPEN SPACE EASEMENT," "NEW PUBLIC DRAINAGE EASEMENT," "NEW SWM FACILITY EASEMENT," "NEW 20' PUBLIC DRAINAGE EASEMENT," and "NEW 20' & VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT & SWM ACCESS EASEMENT" on a subdivision plat entitled "SUBDIVISION PLAT LOT 1 AND LOTS 4 THRU 26 CROZET 1 421361131 Version: 05/23/19 COURT LOCATED ON STATE ROUTE 1204 (PARK ROAD) NEAR CROZET WHITE HALL MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA," dated April 9, 2019, last revised March 12, 2020, prepared by Roger W. Ray & Assoc., Inc. (the "Plat"). The Plat is recorded with the Park Lane Declaration of Protective Covenants and Restrictions, recorded in the Clerk's Office of the Albemarle County Circuit Court in Deed Book Page 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 Office in Deed Book 5132, page 147, 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 easements 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 2 Version: 05/23/19 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. 5. Bindinge. 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. 3 421361131 Version: 05/23/19 WITNESS the following signatures and seals: GRANTOR: STONY POINT DESIGN/BUILD, LLC a Vi M. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this/#�L_ day of &2 , 2020, by Christopher Alan Henry, President of Stony Point Design/Build, LLC, a Virginia limited liability company, on behalf of the Company or Grantor. My Commission Expires: hi ( 2,,0 2 2- Registration number: D2. Notary Publ' '44000111111 MIAR Q : No RY'PUBLIC •. O n R C # 734820 M2 op',IMISSI EXPIRES ON .��•' 0713112022 • _ • . 1 TH 0� e,`,C, 111101l11� SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 421361131 Version: 05/23/19 GRANTEE: COUNT ALBEMARLE, VIRGINIA By: Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/C- OFP arjj-�k;jIke,—: The foregoing instrument was acknowledged before me this '"day of , 2020 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albe arle, Virginia, Grantee. Not ry Public My Commission Expires: dr _j , y CHERYL L. SKEEN Registration number: " 1 1 PUBLIC REGISTRATION ION 7s2 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBSN 31 2023 Approved as to Form: 11 County Attorney Date 42124290 421361131 Version: 05/23/19