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Home My WebLink AboutWPO202000027 Other 2020-06-23This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers: 06600-00-00-04300 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 (SWM Forest & Open Space Easement) THIS DEED OF EASEMENT, dated this day of , 2020, is by and between ELDON 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 Tax Map Parcel ID Numbers: 06600-00-00-04300, acquired by deed recorded in the Clerk's Office of the Albemarle County Circuit Court in Deed Book 4415, Page 618, hereinafter referred to as "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 described and named as "NEW SWM FOREST AND OPEN SPACE EASEMENT," shown and described on an easement plat entitled "PLAT SHOWING STORMWATER FOREST AND OPEN SPACE EASEMENT" dated June 15, 2020, prepared by Shimp Engineering, P.C., Inc. (the "Plat"). The Plat is recorded with the Park Lane Declaration of Protective Covenants and Restrictions, recorded prior to this instrument, in Deed Book/page number 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 FOREST AND OPEN SPACE" (hereinafter, the 1 Version: 05/23/19 "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book _, page _, in which the Grantor has agreed to construct and maintain on -site stormwater managementBMP 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 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. 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 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 managementBMP 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. Bindin effect. ffect. 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. 41059911_2 WITNESS the following signatures and seals: C!!.7_\►Y Ofl 611 Eldon LLC a Virginia limited liability company By: Eldon LLC 3 Version: 05/23/19 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of June 2020, by Eldon LLC, a Virginia limited liability company, on behalf of the Company or Grantor. My Commission Expires: Registration number: 41059911_3 Notary Public SIGNATURES CONTINUE ON THE FOLLOWING PAGE COMMONWEALTH OF VIRGINIA CITY/COUNTY OF GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA M Jeffrey B. Richardson County Executive Version: 05/23/19 The foregoing instrument was acknowledged before me this day of , 20 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to Form: County Attorney Date 41059911_3 Version: 05/23/19 TMP GG-52 TMP GG-45 ELDON LLC ELDON LLC ` f---- --- - - - - -- N 83°20'20"w --------------48.G8AC D.B. 44 15 PG. G 18 ` \ / v D.B.8GOPG.479 i q) 2377.85' — — — — — — --� — — — — — — — — — S 82°57'48" E G8.5GAC _ — ——2410.15'— — ' , ��/(off — — — — — — — — — — — — — — — — 7- — — — — — — — TMP GG-GO ELDON LLC ' � NOTE: The SWM Forest and Open Space Easement is subject to the D.B. 5 1 5 1 FIG. G. 355 / / TMP GG-43 guidance set forth by DEQ in the Virginia Sotrmwater Management Program. The areas will remain in a . 737 AC / undisturbed ELDON LLC ntatural, vegetated state, except for activities as approved by the local authority, such as forest management, o ,� / / D.B. 44 15 PG. G 1 8 program control of invasive species, replanting and revegetating passive V '� / rn 248.72 AC recreation (e.g. trails) and limited brush hogging to maintain h desired vegetative community (but no more than four times a / N / 'ArVo year). / c / ?/ > LS 7>pS90 / 2.80 AC DEDICATED SWM FOREST * OPEN SPACE \ z \ S, / gyp.\ y 4 1j44�2S» W \ \ cv TMP GG-43A / �4 O \ ELDON LLC cv /"M TMP GG-42 \ \ D.B. 44 15 PG. G 18 BLAIR, ARTHUR H. OR v' \ \ 2.64 AC BARBARA P. \ ' D.B. 100 1 PG. 2G2 s ohs>o2 ^� LOUISA COUNTY LINE \ 2 1.00 AC 10, \F ry /o ti ' Q,\ ' 0o�/�, TMP GG-34B TMP GG-34 v JUST HIMP a \ �;�^� EATON, JUDITH A EATON, JUDITH A / 45183 ,�'��' ELDON fARM �\ C) PETER J 5 DAVIES PETER J S DAVIES ► w� D.B. h wln \ \ 4983 PG. 725 1 D.B. 4983 PG. 725 Plat cJ O g 24.40 AC 45. 1 2 AC �s SIONAL E, Stormwater forest ,x \ Open Spacee \ \ SIIIMPPNGISP�RING P. C. 8 0 0 8 0 160 2 40 ENGINEERING-LANDHANNING -PROJECT MANAGEMENT ` REVISED: 6-1 5-2020 , \ \ 912 E HIGH ST PHONE: (44) 227-5140 \ \ ' V ' \ \ / / i SCALE: 1 "-80' 3CHARLOTTESVILLE, VA 22902 JUSTIN®SHIMP-ENGINEERING.COM