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Home My WebLink AboutSUB201900082 Easements 2020-05-29202000006722.001 i VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date:--5/28/2020 Instrument Type: ..D.E....... ..................................................... Number of Parcels:...... T...... Number of Pages: ..... ..7_....... [ ] City [X] County ALBEMARLE ................................................................. CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: ......................................................................... [ ] Grantee: ......................................................................... Business/Name ................ X Grantor:.RONAYNE, ..LLC. . ................................. ................. Grantor:....................................................... .... 1.......... X Grantee: COUNTY OF ALBEMARLE ............................................... .............. Grantee: ............................................................... Grantee Address Name:.000NTY OF ALBEMARLE ........................................................................... Address: 401 MCINTIRE ROAD RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG FILED Jun 05, 2020 AT 01:24 pm BOOK 05328 START PAGE 0706 END PAGE 0713 INST # 2020000067221_ TOTAL NUM PAGES MEB C , (Area Above Reserved For Deed Stamp Only) ..................................................................................................... City:.CHARLOTTESVILLE ............................ State:.....VA..... ..................................................................................................... Zip Code:................. 22902............. Consideration: 10.00 Existing Debt: AQ-0.0............................. Actual Value/Assumed:.$0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D) Original Principal:.$().00Wpq ........................... Fair Market Value Increase:Wpq ............................. Original Book No.: ........................................ Original Page No.: ........................................ Original Instrument No.:.......................... Prior Recording At: [ ] City [X] County .ALB.EMARL .......................... Percentage In This Jurisdiction: .100'q........ Book Number:.4473............... Page Number: ...48................. Instrument Number:......................... Parcel Identification Number/Tax Map Number:.09000-W.00-035V0................................................... Short Property Description: .PORTIONOF635ACRE-S ............................................................................... .. ............. CurrentProperty Address:."................................................................................................................................................................................... City:.--.......................................................................... State:..... VA.---- Zip Code:.......................--................. Instrument Prepared By: ALBEMARLE COUNTY ATTORI Recording Paid By:.ROYER CARAMANIS PLC Recording Returned To: .ROYER CARAMANIS PLC ........................................................... Address:.PETERJ.CARAMANI.S200-C.GARRETT.STRE.ET....................................................................................................... ... City:.CHARLOTTESVILLE. .......................... State: ..... VA..... Zip Code:.................2......2902 .............. t FORM CC-1570 (MASTER, PAGE ONE OF ONE )lo119 Cover Sheet A 0 Copyright 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 202000006722.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville; Virginia 22902 Parcel ID Number(s) 09000-00-00-035VO 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 A day of Acw , is by and between RONAYNE, 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 located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New Variable Width Public Drainage Easement" (hereinafter, the "Easement"), shown on the plat of Roudabush, Gale & Associates, Inc., dated October 30, 2019 and last revised March 3, 2020, entitled "Easement Plat Showing a New ACSA Sanitary Sewer Easement, a New ACSA Waterline Easement, a New Public Drainage Easement, and a New Temporary Grading & Construction Easement on Land Standing in the Name of Ronayne, LLC and Designated as Tax Map Number 90- 35V", a copy of which is attached hereto and recorded with this deed (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 that certain lot or parcel of land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, designated as "TMP 90-35V, 6.835 Acres" (hereinafter, the "Property") on a plat by Dominion Engineering, dated March 20, 2014 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4473, page 48, also being a portion of the same property conveyed to the Grantor herein by deed of J &J Development, LLC, recorded in said Clerk's Office in Deed Book 4719, page 402; 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 202000006722.003 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 stonnwater (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 hnprovements. 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. 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 2 202000006722.004 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 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. Exclusivity; 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 further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure 3 202000006722.005 within the Easement. 9. Grantee's rijzht to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Bindingeffect. ffect. 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 202000006722.006 GRANTOR: RONAYNE,LLC By: Thor/as (if/j.iKWnayne, III President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF o] II The foregoing instrument was acknowledged before me this 'day of , avaD by Thomas (T. J.) Ronayne, III, President, on behalf of Ronayne, LLC, Grantor. Notary blic My Commission Expires: Oqt 30 a-o2a Registration number: i 3 44 TANYA RUTHERFORD NOTARY PUBLIC REQ, #7346891 COMMONWEALTH OF VIRGINIA uv COMMISSMEXPIRES SEPT. 30,g0 2 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 202000006722.007 GRANTEE: CON;icharNon LBEMARLE, VIRGINIA By: Jef County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this cAq day of Eby Jeffrey B. Richardson, County Executive, on behalf of the County of Al em rle, Virginia, Grantee. 611 L. J Not ry Public My Commission Expires: per. 31) a 0-22 3 Registration number: ERE YL L. SKEEN g '� 5'1loc� ARY PUBLIC 762 762 EAREGISTRATILOTH OF VIRGINIA ISSION EXPIRES BER 31, 2023 Approved form: • County Attorney Date Con NEW 20'x30' ACSA WATERLINE EASEMENT ' VICINITY MAP Wo ' 600 SF 'o o SCALE: 1" = 2000' 20.00 LINE BEARING DISTANCE L1 N 32°34'58" E 40.94' ! z L2 S 57°25'02" E 15.00' !. rn N, z Cn v W TMP 90-35V z RONAYNE, I LLC o rn DB 4719 PG402 o co _ u)+ DB 976 PG 474-477 PLAT o ccl-m03 o rr' r 0 DB 440 PG 195-0 98 PLAT CD 03 aj o rn z � NEW 20 ACSA SANITARY I co CO1- 0 4P z n U! SEWER EASEMENT LEGEND I cn m -a NEW VARIABLE WIDTH IF = IRON PIN FOUND N -0 _P � m -o I o n °� 0 6,369 SF o- --D -n -o c) 000 `' N 36°20'58" E 106.63' TEMPORARY GRADING & I SSMH = SANITARY SEWER MANHOLE -o co --o 0 o N o �o `' _ }.� CONSTRUCTION EASEMENT v o "' 0 0 O N c� G� - -P N _ 19 1 08 SF -o -o I�i�}` W C > I -P rn a. N� CSl rn O IT7 w rn �- -Q v cD w -� 0 20 58 cn E 102.9 - N -n f .......:.:... -D rn - 0 _ - 0 4 - PRO. 8 -fl o - m 'N y. _ f 2 2 2 .6 N rn ASS 6 e ;• .s z °" - N I r cr 46. 00 .. 4 r r o - - 8 E c� < 2. r .0 1 c� - S 6° 3 3 20 W 98. 8 5 L Llni}.ink y.. /'� l / N - 4 ' 1 1 5f97 z .- E 1III.-Tv vr,%i xlrlw[-- vv Ili III PUBLIC DRAINAGE EASEMENT 3,835 SF D=5° 13' 13" CD=204.37' CB=S 33° 19'25" W DEDICATION OF EASEMENT THE PLATTING OF EASEMENTS ON OR APPURTENANT TO THE FOLLOWING DESCRIBED LAND, BEING RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE COUNTY IN DEED BOOK 4719, PAGE 402, ALSO KNOWN AS TAX MAP 90-35V, ACCORDING TO COUNTY RECORDS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. RONAYNE, LLC (AGENT/REPRESENTATIVE) 715 LYONS AVENUE CHARLOTTESVILLE VA, 22902 STATE OF VIRGINIA COUNTY OF ALBEMARLE TO WIT: THE FOREGOIN( BY -- - 1pf BEHALF OF RONAYNE, LLC " THIS 1a_ DAY OF --- 20 MY COMMISSION EXPIRES: --------- • OR ON a go]- PRO. SSMH SCOTTSVILLE ROAD STATE ROUTE 20 80' PUBLIC RIGHT-OF-WAY HW PB 1 PG 354 APPROVED FOR RECORDATION A ,.-�-I _J (YM� AGENT BOARD OF SUPERVISORS NOTES 1. THE DEVELOPER RESERVES ALL THOSE WATER AND SEWER EASEMENTS THAT WILL BE REQUIRED BY ACSA IN ORDER TO ASSUME THE MAINTENANCE RESPONSIBILITY FOR THESE UTILITIES. 2. THE BOUNDARY INFORMATION SHOWN HEREON ON THIS PLAT IS A COMBINATION OF COMPOSITE INFORMATION TAKEN FROM INSTRUMENTS OF RECORD AND A CURRENT FIELD RUN SURVEY ALONG STATE ROUTE 20. 3. ALL LOTS SHALL BE SERVED" BY PUBLIC WATER AND SEWER. THE EASEMENTS FOR ACSA ARE TO BE CENTERED ON THE AS -BUILT CENTERLINE .OF THE WATER AND SANITARY LINES. 1 4. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THE SUBJECT PROPERTY MAY BE SUBJECT TO EASEMENTS OR ENCUMBRANCES THAT ARE OTHERWISE UNKNOWN. 5. THE AREA SHOWN HEREON. IS LOCATED WITHIN FLOOD ZONE X (UNSHADED), WHICH IS AN AREA OF MINIMAL FLOOD HAZARD, ON FEMA NFIP COMMUNITY MAP PANEL NO. 51003CO407D, EFFECTIVE FEBRUARY 4, 2005. THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS ONLY. 6. ZONING: LIGHT INDUSTRY 7. OVERLAY: ENTRANCE CORRIDOR 8. SPRING HILL SUBDIVISION: PROFFER 4 AS SHOWN ON THE CONCEPT PLAN FOR ZMA2013-17 AND THE SITE, PLAN FOR SDP2018-73 MUST BE MET BEFORE THE FIRST CERTIFICATE OF OCCUPANCY' WILL BE ISSUED FOR THE SPRING HILL DEVELOPMENT. S S PRO. SSMH OP7� 0 BRIAN D JAMISON D No. 3334 03-03-7.0 ` _ ,0 S UR\jE10 EASEMENT PLAT SHOWING A NEW ACSA SANITARY SEWER EASEMENT, A NEW ACSA WATERLINE EASEMENT, A NEW PUBLIC DRAINAGE EASEMENT, AND A NEW TEMPORARY GRADING & CONSTRUCTION EASEMENT ON LAND STANDING IN THE NAME OF RONAYNE, LLC AND DESIGNATED AS TAX MAP NUMBER 90-35V SCOTTSVILLE MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA DB 53ro4 r)AP.A\TAAPR(1l\1;d7d rKAW\Fam .t Pl�tc\rA7A_ArzA_Con_FP—m_n:z_7n7n`.— PLAT PREPARED FOR: STANLEY MARTIN ;HOME 202000006722.009 INSTRUMENT # 202000006722 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Jun 05, 2020 AT 01:24 pm JON R. ZUG, CLERK by MEB BOOK 05328 PAGE 0706 - 00713