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Home My WebLink AboutSUB202000068 Review Comments Easement Plat 2020-06-09COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 (434)296-5832 Memorandum To: Craig Kotarski, Timmons Group (craig.kotarskigtimmons.com) Kim Mellon, Timmons Group (kim.mellongtimmons.com) From: Mariah Gleason — Senior Planner Division: Planning Division Date: June 9, 2020 Subject: SUB202000068 Beaver Creek Medical Office Building - Easement The County of Albemarle Planning Division will recommend approval of the plat referenced above once the following comments, and those provided by other Site Review Committee, SRC, members, have been satisfactorily addressed. The following comments are those that have been identified at this time. Additional comments or conditions may be added or eliminated based on further review. [Each comment is preceded by the applicable reference to the Albemarle County Code.] 1. [14-302(A)(4)] Access easements. Identify both "Variable Width Access Easements", for TMP 60-38 and TMP 60-39, as "Private Variable Width Shared Access Easements". 2. [14-302(B)] Watersheds. These parcels lie in two watersheds. Revise plat note #6 to state that "...located within the Meadow Creek and Moores Creek Watersheds, per County GIS, neither of which are water supply watersheds." 3. [14-302(B)(1)] Resubmission. Reminder that revised plats must include the original date of drawing as well as a date of last revision. Other SRC Reviewers Albemarle County Engineering Services (Engineer) Matthew Wentland, mwentland(a)albemarle.org — Requests Changes; see comments below 1. The attached Deed of Dedication will need to be completed and signed. In accordance with the provisions of Z.O. 14-229 of the County Code, if the applicant fails to submit a revised plat to address all of the requirements within six (6) months after the date of this letter, the application shall be deemed to have been voluntarily withdrawn by the applicant. Please contact Mariah Gleason in the Planning Division by using mgleason a albemarle.org or 434-296-5832 ext. 3097 for further information. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s): [06000-00-00-038001 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 _ day of 9 , is by and between 2246-2248 IVY ROAD LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. 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 "24' STORMWATER MANAGEMENT ACCESS EASEMENT" and "VAR. WIDTH PERMANENT STORMWATER MANAGEMENT FACILITY EASEMENT" (collectively hereinafter, the "Easement") on the plat of Timmons Group, dated April 8, 2020, last revised , entitled "PLAT SHOWING STORMWATER MANAGEMENT FACILITY, STORMWATER MANAGEMENT ACCESS, & ACCESS EASEMENTS ON THE LANDS OF 2246-2248 IVY ROAD, LLC & WEST END SHOPS -EAST, LLC," (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 Jack Jouett Magisterial District of the County of Albemarle, Virginia, designated as "Bernard M. Caperton" (hereinafter, the "Property") on a plat by W. Morris Foster, C.L.S., dated June 2, 1971 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 488, page 620, also being the same property conveyed to the Grantor herein by deed of contribution, recorded in said Clerk's Office in Deed Book 5271, page 779; and WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities Version: 05/23/19 and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 5308, page 198, 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 managementBMP 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 managementBMP 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(s) as shown on the Plat. The Easement shall be subject to the following: 1. Ri_h�gress 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 managementBMP 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. 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 managementBMP facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee may assign this Easement as its interests may require. 2 Version: 05/23/19 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 Version: 05/23/19 WITNESS the following signatures. C117:10YY1 I11AW'" 2246-2248 IVY ROAD LLC, a Virginia limited liability company BY: Turner Enterprises Management Company, LLC, Its Manager John H. Thier Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of by , Grantor. Notary Public My Commission Expires: Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 05/23/19 GRANTEE: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive The foregoing instrument was acknowledged before me this day of , by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: Registration number: Approved as to Form: County Attorney Date Notary Public 5 Version: 05/23/19