HomeMy WebLinkAboutSUB202000026 Plat 2020-04-08This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number 06 1 AO-00-00-0 1500
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 thisa)"day of
2020, is by and between LOFTS AT MEADOWCREEK, LLC, 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 Public Drainage Easement"
(hereinafter, the "Easement"), shown on the plat of Meridian Planning Group, LLC, dated
February 7, 2020, last revised March 26, 2020, entitled "Plat Showing a New Drainage
Easement Tax Map 61 A, Parcel 15, Lofts at Meadowcreek" (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 Rio Magisterial District of the County of Albemarle, Virginia, designated as
"New TMP 61A-15" (hereinafter, the "Property") on a plat by WW Associates, dated January
14, 2015, revised April 13, 2015, and recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 4635, page 115, also being a portion of the same
property conveyed to the Grantor herein by deed of Bluestone Land, L.L.C., recorded in said
Clerk's Office in Deed Book 4683, page 178; 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:
l . 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.
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 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
2
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 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. Exclusivit • 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.
Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
3
interests may require.
10. 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.
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.
WITNESS the following signatures.
SIGNATURES BEGIN ON THE FOLLOWING PAGE
11
GRANTOR: LOFTS AT MEAD K, LLC
by: Bl e C, its anager
By: William N. Park, its Manager
COMMONWEALTH OF VIRGINIA
C+T- &COUNTY OF
The foregoing instrument was acknowledged before me this'al*�day of Bch,
by William N. Park, Manager, on behalf of Bluestone Land, LLC, Manager of Lofts at
Meadowcreek, LLC , Grantor.
Nota ublic
Mx Commission Expires:
N„ B.01111111
a
umber:
NOTARY
PUBLIC
n REG. # 101933 Q
0 : MY COMMISSIONEXPIRES
: -
01/312024o
LT 9
C�
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
GRANTEE: COU OF ALBEMARLE, VIRGINIA
By:,
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this, day of
kQ(--by Jeffrey B. Richardson, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
Notary Public
My Commission Expires:
Registration number: '(� ` CHERYL L. SKEEN
REGISTTRA ION#B153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
Approved as to form: OCTOBER 31, 2023
0 0It
Co nt ttorn y Date
Gel
NOTES
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 DONE
AS PER THE DATE OF THIS PLAT USING MONUMENTS FOUND TO EXIST
AT THE TIME OF THIS SURVEY.
3. THE SUBJECT PROPERTY IS ZONED NMD (NEIGHBORHOOD MODEL
DISTRICT), AND A PORTION IS WITHIN THE AIRPORT IMPACT AREA (AIA).
4. THERE IS NO EVIDENCE OF ANY PROPOSED CHANGES IN STREET RIGHT
OF WAY LINES.
5. THERE IS NO EVIDENCE OF THE SUBJECT PROPERTY USED AS A SOLID
WASTE DUMP, OR SANITARY LANDFILL.
6. THERE IS NO EVIDENCE OF WETLANDS FOUND ON THE SUBJECT
PROPERTY.
7. THERE IS NO EVIDENCE OF PLACES OF BURIAL ON THE SUBJECT
PROPERTY.
8. THE SUBJECT PROPERTY HAS DIRECT ACCESS TO AND FROM A DULY
DEDICATED AND ACCEPTED PUBLIC STREET OR HIGHWAY.
9. THE SUBJECT PROPERTY IS SERVED BY PUBLIC SEWER AND WATER.
10. THE SUBJECT PROPERTY IS LOCATED WITHIN ZONE X (UNSHADED) ON
FEMA NFIP COMMUNITY MAP PANEL NO. 51003CO287D, EFFECTIVE
FEBRUARY 4, 2005. ZONE X (UNSHADED) REPRESENTS AREAS OUTSIDE
OF THE 0.2% ANNUAL CHANCE FLOODPLAIN (500 YEAR FLOOD) AND IS
NOT CONSIDERED A SPECIAL FLOOD HAZARD ZONE.
11. THE SUBJECT PROPERTY IS LOCATED WITHIN THE ALBEMARLE COUNTY
MEADOW CREEK WATERSHED AND THE UPPER RIVANNA RIVER
WATERSHED.
12. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN AN ALBEMARLE
COUNTY AGRICULTURAL -FORESTAL DISTRICT.
13. THE SUBJECT PROPERTY CONTAINS PROFFERS PER ZMA-2013-00001.
14. SOURCE OF TITLE: DB 4683 PG 178, DB 4635 PG 115 (PLAT)
15. OWNER OF RECORD: LOFTS AT MEADOWCREEK LLC T/A WILLIAM N PARK
1821 AVON ST. EXT., SUITE 200
CHARLOTTESVILLE, VA 22902
MERIDIAN
PLANNING GROUP, LLC
440 Premier Circle, Suite 200
Charlottesville, VA 22901
(P) 434.882.0121
ROOK
BROOK MILL
CONDOS
Seminole Square
Shoppingcenter�
D U N L O R A
OWNER CERTIFICATION
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The platting or dedication of TMP: 061AO-00-00-01500,
Lofts at Meadowcreek, LLC William N Park as shown
I E A D u was
R I v E R R it C E
hereon is with the free nsent a d in accordance with the
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G R E E N B R I E R rags
desire o and Igne W rs, proprietors, and
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Charlottesville SMCT �E N P.
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High :School PROPERTY
STONEHENGE „rA
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Lofts at Meadowcreek, LLC Date
T S
T/A William N Park
Wildwood
1821 Avon St. Ext., Suite 200
Charlottesville, Va 22902
-0 LOCUST GROVE,
den.
CERTIFICATE OF ACKNOWLEDGEMENT
ROSE HILL
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10TH &PAGE
NORTH lo, FONT:
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Commonwealth of Virginia
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The foregoing instrument was acknowledged�'1�3nbFsaaay�����
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this day of
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Notary Public's signature
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registration number: A! T14 OF
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My commission expires: \\ i* 1
APPROVED FOR RECORDATION
Agent, Board of Supervisors Date
�I�pLTH 01Wj
�
c� TIMOTHY RAY MILLER a
Lic. No. 2065
9N� S UR��yO
PLAT SHOWING A NEW
DRAINAGE EASEMENT
TAX MAP 61 A, PARCEL 15
LOFTS AT MEADOWCREEK
ALBEMARLE COUNTY, VA
SHEET: 1 of 2
DATE: FEBRUARY 7, 2020
REV DATE: FEBRUARY 20, 2020
REV DATE: MARCH 26, 2020
FILE: LOFTS STORM ESMT.DWG
I
ss8 I I
I NEW PUBLIC
DRAINAGE
EASEMENT
91 S. F.
I � t=83.30 T
z .
I `a
I I
DETAIL A
10 0 10 20 30
SCALE: 1 "=10'
BOUNDARY CURVE TABLE
Curve
Length
Radius
Delta
Tangent
Chord
Chord Bearing
C1
83.30'
543.50'
846'54'
41.73'
83.22'
N 18*45'00' E
MERIDIAN
PLANNING GROUP, LLC
440 Premier Circle, Suite 200
Charlottesville, VA 22901
(P) 434.882.0121
BOUNDARY LINE TABLE
Line
Direction
Length
L1
S 66'44'54' E
5.80'
L2
N 2315'06' E
20.50'
L3
N 66*4454' W
6.00'
L4
N 2315'06' E
32.37'
L5
N D4'49'00' E
42.04'
L6
N 30'01'11' E
42.29'
L7
N 34'509" W
16.88'
L8
N 07'55'41' E
16.51'
n
rn
9
1W
N
n
20' PRIVATE TMP061AO-00-00-02500
STORMWATER CATHOLIC DIOCESE OF RICHMOND, I TMP 61A-16
MANAGEMENT WALTER F SULLIVAN BISHOP, ETAL ; JOSEPH B OR
EASEMENT DB 1836 PG 444
DB 4635 PG 115/ S24'26'46"W 386.77' — — 3 DB RI D PLOD 77
PRIVATE VARIABLE /
WIDTH STORMWATER r
MANAGEMENT J TMP 061A0 00 00 01500
�o�P��41j� �,� / EASEMENT / LOFTS AT MEADOWCREEK LLC
�Q� �Q,c�/ DB 4635 PG 115 TIA WILLIAM N PARK
ZONED: NND
o DB 4683 PG 178
2.595 ACRES
EXISTING
4—STORY APARTMENT
I BUILDING
PRIVATE VARIABLE WIDTH
STORMWATER MANAGEMENT
EASEMENT & ACSA ACCESS
EASEMENT
DB 4635 PG 115
ACSA WATERLINE
lellEASEMENT
DB 5204 PG 24
S24'28'41 "W
60.58'
j:
20 PRIVATE
STORMWATER
/ MANAGEMENT
EASEMENT
DB 4635 PG 115
N
3
a
0
N
z
53 69.
L4 N39 2"70 68
5'p '
3E
85.79' L6 — __—__---�----N30'S6'17"E
C1 N23'08'27"E-
11F RIO ROAD
STATE ROUTE 631
- — - VARIABLE WIDTH R/W
r SEE DETAIL A I DB 4635 PG 115
---- RE pG
A635
LEGEND
IF IRON PIN FOUND
DB DEED BOOK
PG PAGE
��,NLTN 0
ti
c.s TIM THY RAY MILLER
Lic. No. 2065
CI��%//'Z'c
D S UFN10O
�/4p/.0
PLAT SHO�A NEW
DRAINAGE EASEMENT
TAX MAP 61 A, PARCEL 15
LOFTS AT MEADOWCREEK
ALBEMARLE COUNTY, VA
SHEET: 2 of 2
DATE: FEBRUARY 7, 2020
REV. DATE: FEBRUARY 20, 2020
REV DATE: MARCH 26, 2020
FILE: LOFTS STORM ESMT.DWG