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HomeMy WebLinkAboutSUB201900189 Easements 2020-05-08 Off A iL �'�RGI1`nP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Date: May 8, 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:SUB201900189 51h Street Commercial Development Date Submitted:05/08/2020 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 deed. The applicant has provided a copy of the plat that shows the revised public access easement location.The deed associated with this plat is as follows: 1. Amendment to Deed of Dedication and Easement for a revised 15'wide public 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: 07600-00-00-055A0 This deed is exempt from taxation under Virginia Code§58.1-811(A)(3)and from Circuit Court Clerk's fees under Virginia Code§ 17.1-266. AMENDMENT TO DEED OF DEDICATION AND EASEMENT 7 THIS AMENDMENT TO DEED OF DEDICATION AND EASEMENT is made this day of , 2020, by and between FTV INVESTMENTS, LLC, a Virginia limited li ility company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, FTV Investments, LLC is the owner in fee simple of certain real property located in Albemarle County, Virginia(the "Property"), as more particularly described in the attached Exhibit A; WHEREAS,by Deed of Dedication and Easement dated January 26, 2018, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5013, page 265, Grantor dedicated, granted and conveyed unto Grantee new easements over its Property for the purpose of allowing the Grantee to establish and maintain certain public access trails and greenways (collectively, the"Greenway"), including a new fifteen-foot (15') wide "Public Access Easement Dedicated To Public Use" (the "Easement") access trail and greenway easement. Said Easement is more particularly described in Paragraph 1.A of said Deed; WHEREAS,the Grantor desires to vacate a portion of the Easement consisting of 0.0130 acres, as more particularly shown on Sheet 3 of 4 on a plat titled "Plat Showing Vacation of a Portion of Existing 15' Public Access Easement and Platting and Dedication of a New 15' Access Easement to Public Use, FTV INVESTMENTS, LLC,"prepared by Meridian Planning Group, LLC, dated November 27, 2019, and revised January 8, 2020 (the"Plat"). In exchange, Grantor desires to dedicate to Grantee 0.0206 acres, which will be part of a "New 15' Public Access Easement Dedicated to Public Use,"which is more particularly shown on Sheet 4 of 4 on the aforementioned Plat. Said Plat is attached to and recorded with this Deed. NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree to and accept the vacation of the 0.0130 acre parcel in exchange for the dedication of a new 0.0206 acre parcel, as more particularly shown on the Plat. In all other respects the terms, conditions and provisions of the original Easement as recorded in the aforesaid Clerk's Office in Deed Book 5013, page 265, shall remain in full force and effect. 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. WITNESS the following signatures. [SIGNATURES BEGIN ON FOLLOWING PAGE] GRANTOR: FTV INVESTMENTS, LLC, a Virginia limited liability company By: 12 E. Randall Ralston, Manager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this 7 day of M 2020, by E. Randall Ralston, Manager for FTV Investments, LLC, a Virginia limited lability company, Grantor. Q.0,-(4et/)15-04-) , Notary Pu 'c; Registration#: 7! ° S`f 1 My Commission Expires: $ I 31 I c2 D�3 0\111� OF S, 2 • ',/I, • 'PUBLIC � GRANTEE: COUN F ALB MARLE, VIRGINIA By: ey B. Richardson, County Executive A 9 9 roved : s form: L. County Attorney COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this jL-day of 11.14 2020 by Jeffrey B. Richardson, on behalf of the County of Albemarle, Virginia, Grantee. L. Notary P lic; Registration #: I 153'1(na, My Commission Expires: �j . 31, ppa3 CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION#7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31,2023 A Exhibit A All that certain tract or parcel of land situated in Albemarle County, Virginia, on the southeast side of 5th Street-State Route 631, containing 4.070 acres, more or less, more particularly described as County TMP: 07600-00-00-055A0 on a"Plat Showing Boundary Line Adjustments. Subdivision And Easements For Properties Owned by FTV Investments, LLC", made by Meridian Planning Group, LLC, dated March 3, 2017,revised January 26, 2018, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5013, page 259, and in the Clerk's Office of the Circuit Court of the City of Charlottesville, Virginia, as Instrument No. 201800000551. Being a portion of the property conveyed to FTV Investments, LLC, a Virginia limited liability company, by decd from Morris creek Yacht Club, LLC, a Delaware limited liability company, dated December 19, 2012, and recorded December 20. 2012, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4278, page 243, and in the Clerk's Office of the Circuit Court of the City of Charlottesville, Virginia, as Instrument No. 2012005654. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone 434 296-5832 Fax 434 972-4126 Date: May 8, 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: SUB201900189 SO Street Commercial Development Date Submitted: 05/08/2020 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 deed. The applicant has provided a copy of the plat that shows the revised public access easement location. The deed associated with this plat is as follows: Amendment to Deed of Dedication and Easement for a revised 15' wide public 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: 07600-00-00-055AO This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Circuit 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 is made this day of 2020, by and between FTV INVESTMENTS, LLC, a Virginia limited lidVility company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, FTV Investments, LLC is the owner in fee simple of certain real property located in Albemarle County, Virginia (the "Property"), as more particularly described in the attached Exhibit A; WHEREAS, by Deed of Dedication and Easement dated January 26, 2018, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5013, page 265, Grantor dedicated, granted and conveyed unto Grantee new easements over its Property for the purpose of allowing the Grantee to establish and maintain certain public access trails and greenways (collectively, the "Greenway"), including a new fifteen -foot (15') wide "Public Access Easement Dedicated To Public Use" (the "Easement") access trail and greenway easement. Said Easement is more particularly described in Paragraph LA of said Deed; WHEREAS, the Grantor desires to vacate a portion of the Easement consisting of 0.0130 acres, as more particularly shown on Sheet 3 of 4 on a plat titled "Plat Showing Vacation of a Portion of Existing 15' Public Access Easement and Platting and Dedication of a New 15' Access Easement to Public Use, FTV INVESTMENTS, LLC," prepared by Meridian Planning Group, LLC, dated November 27, 2019, and revised January 8, 2020 (the "Plat"). In exchange, Grantor desires to dedicate to Grantee 0.0206 acres, which will be part of a "New 15' Public Access Easement Dedicated to Public Use," which is more particularly shown on Sheet 4 of 4 on the aforementioned Plat. Said Plat is attached to and recorded with this Deed. NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree to and accept the vacation of the 0.0130 acre parcel in exchange for the dedication of a new 0.0206 acre parcel, as more particularly shown on the Plat. In all other respects the terms, conditions and provisions of the original Easement as recorded in the aforesaid Clerk's Office in Deed Book 5013, page 265, shall remain in full force and effect. 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. WITNESS the following signatures. [SIGNATURES BEGIN ON FOLLOWING PAGE] GRANTOR: FTV INVESTMENTS, LLC, a Virginia limited liability company By: E. Randall Ralston, Manager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this I day of M by E. Randall Ralston, Manager for FTV Investments, LLC, a Virginia limite7-L- 2020, bility company, Grantor. �..�; rr Notary u c; Registration #: 7f p My Commission Expires: $ I .215.,;L3 GRANTEE: COUN F ALB MARLE, VIRGINIA By: ey B. Richardson, County Executive rovedLfo�nnw: County Attorney COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this L4�'r 7 day of,t�� 2020 by Jeffrey B. Richardson, on behalf of the County of Albemarle, Virginia, Grantee.' Notary Phtu-;�-Lc Registration #: My Commission Expires: p ECHERYL L. SKEEN NOTARY PUBLIC REGISTRATION # 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31.2423 Exhibit A All that certain tract or parcel of land situated in Albemarle County, Virginia, on the southeast side of 50' Street -State Route 631, containing 4.070 acres, more or less, more particularly described as County TMP: 07600-00-00-055AO on a "Plat Showing Boundary Line Adjustments. Subdivision And Easements For Properties Owned by FTV Investments, LLC", made by Meridian Planning Group, LLC, dated March 3, 2017, revised January 26, 2018, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5013, page 259, and in the Clerk's Office of the Circuit Court of the City of Charlottesville, Virginia, as Instrument No. 201900000551. Being a portion of the property conveyed to FTV Investments, LLC, a Virginia limited liability company, by decd from Morris creek Yacht Club, LLC, a Delaware limited liability company, dated December 19, 2012, and recorded December 20.2012, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4278, page 243, and in the Clerk's Office of the Circuit Court of the City of Charlottesville, Virginia, as Instrument No. 2012005654.