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HomeMy WebLinkAboutSP202000015 Application Special Use Permit 2020-07-20Application for Special Use Permit is IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2 have been submitted with the appropriate signature on page 3. Also, please see the list on page 4 for the appropriate fee(s) related to your application. PROJECT NAME: (how should we refer to this application?) ANIMAL WELLNESS CENTER PROPOSAL/REQUEST: NEW BUILDING, EXPANDED PARKING, AND OVERNIGHT BOARDING ZONING ORDINANCE SECTION(S): 18-20B EXISTING COMP PLAN LAND USE/DENSITY: DOWNTOWN in Crozet Master Plan LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 1100 CROZET AVENUE TAX MAP PARCEL(s): 056A2-01-00-00700 ZONING DISTRICT: DOWNTOWN CROZET DISTRICT # OF ACRES TO BE COVERED BY SPECIAL USE PERMIT (if a portion, it must be delineated on a plat): Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP-2008-00009 0 YES ❑ NO Are you submittin a preliminary site plan with this application? ❑ YES ® NO Contact Person (Who should we call/write concerning this Address 321 E. MAIN ST. STE. Daytime Phone ( 434) 951-5709 Owner of Record 1100 CROZET AVENUE, LLC Address P.O. Box 475 Fax # (__) Daytime Phone ( 434) 823-5655 Fax # C VALERIE W. LONG, Williams Mullen City CHARLOTTESVILLE State VA Zip 22902 vlong@williamsmullen.com City CROZET State VA Zip 23932 Applicant (Who is the Contact person representing?): ANIMAL WELLNESS CENTER, INC. Address 1100 CROZET AVENUE Daytime Phone ( 434) 823-8883 Fax # O City CROZET henry@centralvirginiabuilders.com State VA Zip 23932 E-mail drh000k@gmail.com Does the olmer of this property own (or have any ownership interest in) any abutting property? l l'yes. please list those tax map and parcel numbers: 056A2-01-00-007A0 X FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who'? �i' 9�II�CK17:I�7PIiLCr.1 Concurrent mvm11 ol'Site Development Plan? YES_ NO x Receipt# Ckfl By: County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Special Use Pennit Application Revised 2/28/2019 Page I of 5 REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED & DEEMED COMPLETE m Application Sianature Page ® One (1) completed & signed copy of the Checklist for a Special Use Permit. ® One (1) copv of the Pre -application Comment Form received from county staff ® One (1) copy of any special studies or documentation as specified in the Pre -apt Lk Seventeen 17 folded copies of a Conceptual Plan a C `�� 1,. S , _, ' t �, �J Seventeen (17) copies of a written narrative V rrtM^�' The narrative must be laid out to identify each of the bulleted TITLES as follows: • PROJECT PROPOSAL The project proposal, including ■ its public need or benefit; • how the special use will not be a substantial detriment to adjacent lots, ■ how the character of the zoning district will not be changed by the proposed special use, and • how the special use will be in harmony with the following; o the purpose and intent of the Zoning Ordinance, o the uses permitted by right in the zoning district, o the regulations provided in Section 5 of the Zoning Ordinance as applicable, and o the public health, safety and general welfare. (be as descriptive as possible, including details such as but not limited to the number of persons involved in the use, operating hours, and any unique features of the use) • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURES The proposed project's impacts on environmental features. m One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. ® Taxes, charges, fees, liens owed to the County of Albemarle As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF LINKED HERE Special Use Pemit Application Revised 2/2MO19 Page 2 or APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 5) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application, I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication fi•om also being sent via first class mail. Si%u ore of ) I ct Urch seV �rxil7« Signature of Owner / ge Contract rchas VALERIE W. LONG, AGENT Print Name 7/2012020 Date (434)951-5709 Daytime phone number of Signatory Special Use Permit Application Revised 2/28/2019 Page 3 ol'5 Required FEES to be paid once the application is deemed complete: What type of Special Use Permit are you applying for? Staff will contact you regarding the fee once the application is deemed complete ❑ New Special Use Permit $2,150 ❑ Additional lots under section 10.5.2.1 $1,075 ❑ Public utilities $1,075 ❑ Day care center $1,075 ❑ Home Occupation Class B $1,075 m To amend existing special use permit $1,075 ❑ To extend existing special use permit $1,075 ❑ Farmer's markets without an existing commercial entrance approved by the VDOT or Ni ithout existing and adequate parking $527 ❑ Farmers markets with an existing commercial entrance approved by the VDOT and with existing and adequate pai kin $118 ADDITIONAL FEES m Initial notice fee provided in conjunction with an application, for prepai ing and mail ing notices and published notice $435 m ALL SPECIAL USE PERMITS - FIRE RESCUE REVIEW FEE $50 ❑ Signs under section 4.15.5 and 4.15.5A (filed for review by the Board of Zoning Appeals under the Variance Schedule) $538 Other FEES that may apply: Fees for re -advertisement and notification of public hearing after advertisement of a public hearinL and a deferral is made at the applicant's reauest ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage Actual cost based on a cost quote from ➢ Published notice (published twice in the newspaper for each public hearing) the publisher (averages between $150 and $250) Application for uses under sections 5.1.47 or 5.2A NO FEE Special Exception— provide written justification with application $457 Resubmittal fees for original Special Use Permit fee of $2,150 First resubmission FREE i Each additional resubmission (TO DE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,075 Resubmittal fees for original Special Use Permit fee of $1,075 i First resubmission FREE i Each additional resubmission (To 13E PAID WHEN THE RE SUBMISSION IS MADE TO INTAKE STAFF) $538 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Special Use Permit Application Revised 2/282019 Page 4 of 5 CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany this zoning application if the application is not signed by the owner of the property. I certify that notice of the application for, �rvltiv��✓1lGr k Attinvl Wellgt,Ss Crti` -e-, AMENDNM19MMWEiPIEOMSRE3BAlEUSffIPER®OYESOO 006-00009 [Name of the application type & if known the assigned application #] was provided to 1100 CROZET AVENUE, LLC 1100 CROZET AVENUE, LLC [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 056A2-01-00-00700 056A2-01-00-00700 by delivering a copy of the application in the manner identified below: Q Hand delivery of a copy of the application to to Date [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] D Mailing a copy of the application to HENRY SMITH (rep of Owner) [Name of the record owner if the record owner is a on 7/21 /2020 Date to the following address person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] P.O. Box 475 [Address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. I/" (4), C rr-i_ ignature of AppliLlanto VALERIE W. LONG, Agent for Applicant Print Applicant Name 7/20/2020 Date Special Use Permit Application Revised 2/28/2019 Page 5 of 5 SPECIAL USE PERMIT CHECKLIST for :1L13ply -110 PREAPP2020-00006 Animal Wellness Center / TMP 056A2-01-00-00700 y 3 Project Name /Tax Map Parcel Number? After the mandatory pre -application meeting, county staff will mark this checklist appropriately so that it is clear to the applicant the information from Section 33.4 (c) that must be submitted with A. Reitelbach the official application Name or initials of staff filling out form Required for Provided with application? (County staff) application (Applicant) SECTION 33.4(c) X X YES NO ❑ ❑ X❑ A narrative of the project proposal, including its public need or benefit; FRI❑ Fx] A narrative of the proposed projects consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; ❑ a A narrative of the proposed project's impacts on public facilities and public infrastructure. ❑ Fk] A narrative of the proposed project's impacts on environmental features. ❑ ❑x ❑ A narrative of the proffers proposed to address impacts from the proposed project. ❑ Dc-1 One or more maps showing the proposed projects regional context and existing natural and manmade physical conditions; A conceptual plan showing, as applicable: ❑ Z ❑ FRI ❑ 1) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; x] ❑ ❑X 2) typical cross -sections to show proportions, scale and streetscape/cross- certain cross -sections may be needed for ARB review sections/circulation; ❑ ❑ 3) the general location of pedestrian and bicycle facilities; if proposed ❑X ❑ � 4) building envelopes; ❑ � 5) parking envelopes; ❑ ❑ 6) public spaces and amenities; if proposed ❑ ❑ 7) areas to be designated as conservation and/or preservation areas; if proposed SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2 ❑ ❑x 8) conceptual stormwater detention facility locations; ❑ F-] 9) conceptual grading; a Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre -application comment form. o❑ Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. Vti%t t - (k). A--, Signature of person completQ this checklist VALERIE W. LONG, AGENT Print Name 7/20/2020 Date 951-5709 Daytime phone number of Signatory SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2 7-3) e 3 ..,00_m�0' `r+o�cojo cno t 3 �J t Z7'17 m� (D m n p O p pi 3 Q m ❑ m w, ° — CD CD Cl) CD 3 o o C o N rtaj > � i1 CD P O y' O n �, O CTl aQ c No o En O N O❑ N C�y'M te IT ❑ y 0 C t7 rN N Dm �S n CD 0 o ❑ 7 N oa � x ❑ •0 o b a m �• (((off N C N N V] CD F-I 0. W S O rt r✓ . )i Q y f�1 3 a < m ❑ aJhl Ot U1 .P O' W n j =^N ❑ ❑ O N Si O O 7 S O ❑ 7 0 pm N N ❑_�=? ❑F., ❑TJ 3 v x—Nx o o�o 000❑o� >f oNN o'o 0a Zr O (n p7C o o a 3- yo O a 0 m rt o . 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O'�Q T. o 02 0, NAM mm mh �m m � co W ��:I K'10N m Go Z�� N V O TW 0 Oi (OUl G1sW M. \ N O Y N O O n QO m ;- 0 o m w CA N p+ o��� 0C ,o CD s !@ to C4 H Fi O N N A n C9y 3585 P s . (v 46 m b z ° m\ �r 00 f /' 0) �` O d co ) N oO v o w 0 OCD w000 No / pCS -`DB g�9_/` 0 o_ 000, / N 0) 0 o— / / / Zone Zone X AE / shodedTt o� I auoj o � � O jr i Qn i O ' Q,AS 4(14 O v �"`� � /•A Cy I m � i rn /U � N 00 -9 o O OO X - ti Oti o� a� O R N � Ej. Exist. Bldg. ° r U) (D N Do �\ (D co m Q W CA CD -n rt (D 0 O .- l, �3 s C��Z�T o CIO A N m ° � ONN o .t m � b Record North chi � �_ N N N U: N OD N -Pcn W j U W J N P m O 3u }Q c I O I V � I U "=J t- 'b 'Tf CAD p ro f'f �y C (D (Z O I I �. (D O O co C w 'cs CD O-Q A D cs� d P) �CD (D (D C- RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON January 12,2011 AT 12:20:53 PM $0.00 GRANTOR TAX PD AS REQUIRED VY VA CODE 958.1-802 STATE: $ .00 LOCAL: $0.00 LE COUNTY, VA R HIPP CLE oc Instrument Control Number 000571 T C A 0 X R P E X E M P T ❑ ❑ Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.661 Date of Instrument: [1/10/2011 ] Instrument Type: [DE-PL ] Number of Parcels [ 11 Number of Pages [ 61 NIIIII (IIIII III NIII NIII NNI IN1 IIIII INI IINI IIIII IIIII11111111N NII �I Doc Rec90637821Y008 TVPe: DEE e1112/2001torde 12:2e:53 PM Fee Amt: $0.00 Pape 1 of 8 Albemarle 00untV VA Debra M. 6hlpP Clerk F 11901 2011-00000571 BK3985 PG6 , 649 City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [County of Albemarle, Vir ] [ ] [ ] [ ] First and Second Grantees Last Name First Name j Middle Name or Initial Suffix [1100 Crozet Avenue, LLq [ Grantee Address (Name) [1100 Crozet Avenue, LLC (Address 1) [1514 Ballard Drive (Address 2) [ (City, State, Zip) [Crozet ] [VA ] [22932 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance (0,00 Prior Instr, Recorded at: City ❑ Book [ ] Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, State, Zip) Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 County ❑ Page [ ] Pe [ ] In [05600-00-00-01100 [05600-00-00-01100 [1,118 s.f. sanitary sewer easement [1100 Crozet Avenue I [County of Albemarle [James M. Bowling, IV [St. John, Bowling & Lawrence, LLP [416 Park Street [Charlottesville I ]I roent. in this Juris. str. No [ ][VA ][22932 ] [VA ] [22902 000511 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 05600-00-00-01100 This deed is exempt from grantor's tax under Virginia Code § 58.1-81 I(C)(4). DEED OF EASEMENT THIS DEED OF EASEMENT, is made and entered into on this _9?12 day of 201/ by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, hereinafter referred to as the "County," and 1100 CROZET AVENUE, LLC, a Virginia limited liability company, Grantee, whose address is 1514 Ballard Drive, Crozet, Virginia, 22932, hereinafter referred to as the "Grantee." That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the County does hereby GRANT and CONVEY with SPECIAL WARRANTY to the Grantee, subject to the terms and conditions set forth herein, a sewer line lateral easement and right-of-way (hereinafter, the "Easement") to construct, install, maintain, repair, replace and extend a sewer line lateral consisting of pipes and appurtenances thereto, over, under and across the real property of the County known as Parcel 05600-00-00-01100 in Albemarle County, Virginia, and more particularly described as follows: A sewer line lateral easement across Parcel 05600-00-00-01100, located off of Crozet Avenue in Albemarle County, Virginia, as shown on that certain plat prepared by S.L. Key Incorporated, Land Surveyors & Land Planners, entitled "Plat Showing a Private Sanitary Sewer Easement, Located on Tax Map 56, Parcel 11, For the Benefit of Tax Map 56A2, Parcel 7, Located in Crozet, Whitehall District, Albemarle County, Virginia", dated January 6, 2011, (the "Plat"), as "Private Sanitary Sewer Easement 1,118 s.f." Reference is made to the Plat, a copy of which is attached hereto to be recorded herewith, for the exact location and dimensions of the sewer line lateral easement hereby granted and the property over which the Easement crosses. This Easement shall be subject to the following: 1. Location of Improvements. The Grantee shall construct, install, maintain, repair, replace and extend improvements (hereinafter, the "Improvements") only within the Easement. The Improvements shall be underground. 2. Right to Enter, Ingress and Egress. The Grantee shall have the right to enter upon the Easement for the purpose of installing, constructing, maintaining, repairing, replacing and extending the Improvements within the Easement. The Grantee also shall have the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend the Improvements. 3. Excavation and Restoration. Whenever it is necessary to excavate earth within the Easement, the Grantee shall backfill the excavation in a timely, proper and workmanlike manner so as to restore the surface conditions to the same condition as they were prior to excavation, including the restoration of all paved surfaces that were damaged or disturbed as part of the excavation. This restoration shall include the backfilling of trenches, the reseeding or resodding 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. 4. Ownership of Improvements. The Improvements shall be the property of the Grantee. 5. Maintenance and Remediation. The Grantee, its successors and/or assigns shall perform any work necessary to keep any Improvements in good working order as appropriate. The Grantee shall remediate any damage caused by the operation or failure of Grantee's Improvements (including, but not limited to, any discharge of sewage or other waste). Following any such damage, the Grantee shall restore Grantor's property to its prior condition. 6. Grantor's Right to Repair. In the event the Grantee, its successors and/or assigns fail to maintain any Improvements in good working condition acceptable to the Grantor, the Grantor may take whatever steps necessary to correct any deficiencies and to charge the costs of such repairs to the Grantee, its successors and/or assigns. It is expressly understood and agreed that the Grantor is under no obligation to routinely maintain or repair said Improvements, and in no event shall this Agreement be constructed to impose any such obligation on the Grantor. 7. Indemnification and Hold Harmless. The Grantee shall at all times indemnify and save harmless the County, its employees, agents, officers, assigns, and successors in interest from any claim whatsoever arising from Grantee's exercise of rights or privileges stated herein. 8. Covenants Running with the Land. The terms and conditions set forth herein shall be covenants running with the land. 9. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire on the 2 earlier of (i) completion of construction; (ii) abandonment of the easement by Grantee; or (iii) if construction does not commence by December 31, 2012. If construction has commenced by December 31, 2012, construction shall be completed by December 31, 2013. The County, acting by and through its County Executive, duly authorized by action of the Albemarle County Board of Supervisors on October 6, 2010, does hereby convey the interest in real estate made by this deed. By its acceptance and recordation of this Deed of Easement, the Grantee acknowledges that it, its successors and assigns, shall be bound by the terms herein. 3 WITNESS the following signatures. GRANTOR: STATE OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA By: V/ J c "/ D� Thomas C. Foley, CountovExecutive The foregoing instrument was acknowledged before me, a Notary Public in and for the aforesaid City and State by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, on this /04 day of 7MzdtLj 2011 My commission expires: 0 /3 ................ f �Yi �•C� t `•?N Reg. No.: 49_6"0 9 9 A Li 7�n Ai sY&. e�BLIG i�u�at<y_r GRANTEE: 1100 C170�ZET AVENUE, LLC Z"ZZ ' Gwendolyn R- Smith, Member ' STATE OF VIRGINIA CITY/COUNTY OF he rn CL l s The foregoing instrument was acknowledged before me, a Notary Public in an the aforesaid Locality and State by Gwendolyn H. Smith, Member, on behalf of 1100 Croleri�fiwsr LLC, on this —741' day of -:y"(,(aV--j 201 My commission expires: 7�C 201 Reg. No.:-?) '24 `F 7 �- Approved as to form: 1WWW'M11,11- 9 T Notary Public 7-3) e 3 ..,00_m�0' `r+o�cojo cno t 3 �J t Z7'17 m� (D m n p O p pi 3 Q m ❑ m w, ° — CD CD Cl) CD 3 o o C o N rtaj > � i1 CD P O y' O n �, O CTl aQ c No o En O N O❑ N C�y'M te IT ❑ y 0 C t7 rN N Dm �S n CD 0 o ❑ 7 N oa � x ❑ •0 o b a m �• (((off N C N N V] CD F-I 0. W S O rt r✓ . )i Q y f�1 3 a < m ❑ aJhl Ot U1 .P O' W n j =^N ❑ ❑ O N Si O O 7 S O ❑ 7 0 pm N N ❑_�=? ❑F., ❑TJ 3 v x—Nx o o�o 000❑o� >f oNN o'o 0a Zr O (n p7C o o a 3- yo O a 0 m rt o . N 0J O0 00 �) 000CD N n o >>_ S n N 0 N N n 0 O, n O O 2-Q -p .Z1� N N S N O N %',� 0 3 C 7 ❑- 0 0 O O p 7 W -+ GI .+N ,� N" P 0— N O O ❑ N nc rt �'tn ❑ I n N O N (O0) y 6� O) co m-� 41 V W rt 1 S N N (7 (O 7 •+7p DN ? N �-rlC a s < Vl rtN I C " y 0 Nj (D GIN U1-0o C N N ] .-F rt O' y �• 0 0 S O C p 3 0 7 N 3 ❑ O N '��0 ❑ O S Z n 0 0O 'U-O O b O 3 a a S 7 7 m N N y N N C (p n (O C i0 N O (D 0 N n. 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(v 46 m b z ° m\ �r 00 f /' 0) �` O d co ) N oO v o w 0 OCD w000 No / pCS -`DB g�9_/` 0 o_ 000, / N 0) 0 o— / / / Zone Zone X AE / shodedTt o� I auoj o � � O jr i Qn i O ' Q,AS 4(14 O v �"`� � /•A Cy I m � i rn /U � N 00 -9 o O OO X - ti Oti o� a� O R N � Ej. Exist. Bldg. ° r U) (D N Do �\ (D co m Q W CA CD -n rt (D 0 O .- l, �3 s C��Z�T o CIO A N m ° � ONN o .t m � b Record North chi � �_ N N N U: N OD N -Pcn W j U W J N P m O 3u }Q c I O I V � I U "=J t- 'b 'Tf CAD p ro f'f �y C (D (Z O I I �. (D O O co C w 'cs CD O-Q A D cs� d P) �CD (D (D C- RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON January 12,2011 AT 12:20:53 PM $0.00 GRANTOR TAX PD AS REQUIRED VY VA CODE 958.1-802 STATE: $ .00 LOCAL: $0.00 LE COUNTY, VA R HIPP CLE oc Instrument Control Number 6?qD T C A O X R P E X E M P T Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66) Date of Instrument: [12/7/2010 ] Instrument Type: (DE-PL ] Number of Parcels Number of Pages City ❑ County ❑x [ 11 [ 81 [Albemarle County IIIIINIIII�IIIIIIIIIIIIIIIINIIIIIINIINIIIIIII�UINUINUINIiIIWIIu Doc ID: o06371980008 Type. DEE Recorded: 01/05/2011 at 02:106:02 PM Fee Amt: $30.00 Page 1 of Albemarle County VA File# 2011h00000240 BK3982 Pe599-606 (Box for Deed Stamp Only) (1100 Crozet Avenue LLC] First and Second Grantees _ Last Name First Name Middle Name or Initial Suffix Lx1 ❑ [County of Albemarle, Vir ] [ ] [ ] [ ] Grantee Address (Name) [County of Albemarle ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City, State, Zip) [Charlottesville I [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0,00 ] Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent, in this Juris. [ 1001 Book [3613 ] Page [454 ] Instr. No [ ] Parcel Identification No (PIN) [056A2-01-00-00700 ] Tax Map Num. (if different than PIN) [056A2-01-00-00700 ] Short Property Description [Drainage Easement, TMP 56A2-1-7, Albemarle Co., VA ] Current Property Address (Address 1) [1100 Crozet Avenue ) (Address 2) [ ] (City, State, Zip) [Crozet ][VA ][22932 ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County Attorney [Albemarle County Attorney [ Sou+ker n [401 McIntire Road [Charlottesville [ I[ -Ti+1--- [VA ] [22902 1[ This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 056A2-01-00-00700 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 EASEMENT THIS DEED OF EASEMENT is made this 7th day of December, 2010 by and between 1100 CROZET AVENUE LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New Permanent Drainage Easement Hereby Dedicated to Public Use", shown on the plat of Lincoln Surveying, dated August 26, 2009 and last revised April 8, 2010, entitled "Plat Showing A New Permanent Drainage Easement Across Tax Map 56A2 Parcel 1-7 Located on Crozet Avenue, White Hall District, Albemarle County, Virginia", a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Lot 2, on plat by Hugh F. Simms & Son, C.L.S., dated August, 1955 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 321, page 363; also being the same property conveyed to the Grantor herein by deed of Gwendolyn H. Smith, Henry W. Smith, II and Lisa S. Crawford, Trustees of the Family Trust Created Under the Will of Charles E. Smith, deceased, dated May 21, 2008, recorded in said Clerk's Office in Deed Book 3613, Page 454; and 1 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 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), 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 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 property, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. All Improvements within 240 feet of Crozet Avenue shall be underground. 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. Main: 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. 2 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 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 reseeding or resodding 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, except as otherwise provided herein, 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 and any Grantor -installed improvements to their original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this paragraph 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 paragraph 6 except as expressly provided in this paragraph. The Grantee will use its best efforts to minimize all disruptions to Grantor's business. Grantee agrees to exercise its rights under this easement in a manner which does not adversely impact the buildings and improvements situated on the Property, or the vehicular and pedestrian access of Grantor, its employees and customers to the Property. 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 groundcovers, 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. Included within this right is the right of the Grantor to perform sidewalk and driveway 3 improvements not inconsistent with the drainage Improvements, either at its own option or because of County requirements. 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 the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire on the earlier of (i) completion of construction; (ii) abandonment of the easement by Grantee; or (iii) if construction does not commence by December 31, 2012. If construction has commenced by December 31, 2012, construction shall be completed by December 31, 2013. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Except as otherwise provided herein, 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. Except as otherwise provided herein, such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. The Grantor has the express consent of the Grantee to construct and maintain a bridge within the Easement. Grantor retains the right to build an appropriate roadway or bridge across the Easement as to facilitate future use and development of any and all of the developable property; provided, however, that the location and design of any such roadway or bridge shall be subject to the Grantee's approval and shall not interfere with the proper operation and maintenance of Grantee's Improvements within the Easement. Grantee shall not unreasonably withhold such approval. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its 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. M 1 1. Replacement bridge. Grantee agrees, at its sole expense, to replace the existing bridge now on the property with a bridge a minimum of 10 feet in width with a load capacity of a minimum of 20,000 pounds. Replacement shall be completed within one month of the removal of the existing bridge. Following the Grantee's completion of said initial replacement bridge, Grantor shall be solely responsible for any subsequent expansion, replacement, or relocation thereof, all of which shall be subject to the Grantee's approval, as provided herein. 12, Stream channel. The existing channel has not been identified as a "natural stream" and does not require buffers under any current County or State code or ordinance. The Grantee shall not construct any improvements that change the channel's designation to a "natural stream," as that term is defined in the current Albemarle County Water Protection Ordinance, or that per se require a stream buffer under any current County or State code or ordinance. Both parties expressly acknowledge and agree that changes to applicable law may affect the future application of any buffer requirement to the subject property. Nothing herein shall affect the continued application of the Albemarle County Water Protection Ordinance and other applicable law to the subject property. Nothing herein shall affect the right of the Grantor to just compensation in the event of a regulatory taking, if required by law. 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. [SIGNATURES ARE ON T14E FOLLOWING PAGE(S)] G WITNESS the following signatures. GRANTOR: 1100 CRO T AVENUE, LLC B Gwendolyn HAmithMember 0 COMMONWEALTH ,OFVIRGINIA ���YdVit�O; CITY/COUNTY OF r7 f Io Vvla r-1 e The foregoing instrument was acknowledged before me this _Zw day of 2010 by Gwendolyn H. Smith, Member, on behalf of 1100 Crozet Avenue, LLC, Grantor. Notary Public My Commission Expires: Ll / 3 0/ Z a 17 Registration number: z_ 't -f -� (o GRANTEE: COUNTY 9F ALBEMARLE, VIRGINIA go COMMONWEALTH OF VIRGINIA CITY OF C14ARLOTTESVILLE: W. Tucker, Jr The foregoing instrument was acknowledged before me this day of Deegm&r , 201 Oby Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia, Grantee. nn Z m. o�Ul CL/YIA/ � - Notary Public My Commission Expires: O 0, pyw•,iYi�%, Registration number 4 5 � 99T ®; �o Approved as to form: - ` LIC y A rney 0 m p mmDmj ,1.c}s_TT1 . 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Ddim=m m D-nD>ox-iDmm O m<0 Zp00)jm amm x m< o n 1 >mc m2m� ODmC➢0iKmox Zy O<O)> r 2 mimzmnol m T, C; Om DOmtgc-,' 4 (A r�Di mU)m J mm ZONzo,ym3 m'ON i -I o/ +A��n. MC- N�m�mm ^mn m �y {� �Zomm 9mo amN R — \ mwm m AAOym O oz m A11n c m<Om m2O ymm 0 Oa r mmmmc Oz AZT < < O=Oot_n<mzyy ymQ m m coN plmOr ~DA O K_ Z L7 o m z ►,�/y m Z z > -�-Y- w p fL < m a N ZZZZZZZZ ZZZZZZTO NNN NNNNNNNNNNTO 'OmT r ZJ c NWJNAWJ :NfTONi+z C� ANONNJVmANJ WNZC� iT1 �� DJ pc,) D�r D Z- .p h �CN-i-' tl € o NO_AW-ANfNT (VWTNNAN-WVNN AWWONNAN(A� v-ITAN vT <nr0nm�r m«D m ( m-- vO mmmm>O MZ 000�NWJ"-O. D=m(nm c_ cc -pDD10 zvo r 00 0 omZmr-0>>N�NNN 2 -�pZXZ pZ-- �0m0 f( ONOWNAOW" -NW(T O -0 m a) G tl��idb NN NNOJONID�NWfTOO NOiA1DNN N 91l O(N W Wm ZO O C:C-imD-4D ...... ... .... ...... .. 0 1 I LVIM o�'i'�-�-I�0)iD 3 Nn �() �Z Z/D�m N T ww / / mN "I I W �D ml/m 2 I WF* mm� ; I ' mD m / I mz y➢ m30 a r-rn NUt O1 A' c" N m z 0) I i � �-iN N I vZ N m T -� 1 NN O ' Z o N / % W V _ - OIv mz / OO Ai Np - albo wo \ Np N\d�d pp/ zOT lmn \ \\ RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON January 05,2011 AT 2:18:02 PM $0.00 GRANTOR TAX PD AS REQUIRED 4Y VA CODE 158.1-802 STATE: $O.PO LOCAL: $0.00 At9EMAR E COUNTY, VA BRA . SHIPP CLER -----------oc Dow 919 PM0 4 T 3 ( ooF544 Tax Map 56A2-1-7 THIS DEED OP BASEMENT, made this 14th day of January# 9$6w by and between y �{`�", husband and wife , Grantor, and the ALBEMARLE COUNTY SERVICE AUTHORITY, Grantees N I T N 8 8 8 E T 81 For and in consideration of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS AND CONVEYS with General Warranty and English Covenants of Title unto the Albemarle County Service Authority, a perpetual right-of-way and easement to construct, install, maintain, repair, replace, and extend a sanitary sewer line consisting of pipes and appurtenances thereto across Grantor's property described as Albemarle County Tax Map s6 -t-7 . The location and dimensions of the easement as it crosses the Grantor's property are shown on plat of Hayes-, Seay, Mattern and Mattern, dated 3-5-86 and entitled 'Plat Showing Sanitary Sewer Easements, Drawing No. 36 ., ,• a copy of which is attached hereto as a part of this deed (the 'Plat•). The Grantor also Grants and Conveys to the Grantee a temporary construction easement for use by the Grantee's contrac- tot during construction and installation of the sewer line and appurtenances thereto. The location and dimensions of the con- struction easement are shown on the Plat. This temporary easement shall expire upon completion of construction and acceptance of the sewer line into the Grantee's system. As a part of the easement(s) the Grantee shall have the right to enter upon the above described property within the easement(s) for the purpose of installing, constructing, maintaining, repair- ing, replacing, and extending sewer lines and appurtenances -1- e^IK 919 FK0 4 l 4 thereto within such easement (s). Whenever it is necessary to excavate earth within the easement(s), the Grantee agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practicable to the same condition as prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. The easement(s) provided for herein shall include the right of the Grantee to cut any trees, brush and shrubbery, remove ob- structions and take other similar action reasonably necessary to provide economical and safe sewer installation, operation and maintenance. The facilities constructed within the permanent easement shall be the property of the Albemarle County Service Authority. WITNESS the following signatures and seals: (Seal) (Seal) STATE OF VIRGINIA COUNTY OF ALBEMARLE The foreg q i strument was acknowledged before me this day of , 1986, by CHAM Rand My commission expires: C, rg87 -z- y Public �m 919 ract0 4 7 S Jill 14 I I I I M1V ax$T 41 N I d .............. o M xs $� • `'sue` \✓\ ,f •� - oil t' y ! �14s .. Q R s . r as R'RS .'.. ...1. ..... .... .... W" Ito ' 6 J _� l • �r v r �'♦t 1 '� riK 1 i ,' r i : .n 00 PC 40 ..... .... ..... ...... .:..,,........ rgl f °i ill:...... , ! ..... it' 1 Y-= #p „ _ kill i��A. ,. I � • ' ���� � I � �:� , � $ !' Y - i� • Lr �; F _ • V 0 .f i +• .: .... .... .. •..� .;tl� .� ::. 1'illli.. M 1 ......... i is j.... .................................:. 1.............. ..... s! _i[ ... - •r �_ • 0 'Amp At ♦♦ii j. ..... ..1. :........ .r . ' :► !: ,; ,,;lip i , ... � i �' .. ,,� ! ,, �' is .,� .,.' l7 y 0.00. tR r . ft919Pw0476 FEBRUARY 39 1987 at 8:25 OICLDM A M. STATE TAX $$ (039) VANSM m $ (212) CLERKS FEZ $ 10.00 (301) PLAT $2.00 SEC. 58.1-802 IAGL %%X $ (220) LDCAL. TAX (223) IDEAL $, 12.00 TESTE: SHELBY J. NARSHALL. CLERK Do% 8 41 PACEO S 9 3 1IIIS DEED MADE 7HIS =00-r' day of ' "-"-' , 1985, by an' 395, between QRRM E. WMi and CaHMMYN H. SNII'j husband and wife, hereinafter referred to as the Landowner, party of the first part, and RIMM MM AND SBAR ALJIIMM, hereinafter called the Authority, party of the seoond part, I4iA'P FOR AND IN WITNESSETH: of the sum of TEN AND NO/100 DOLLARS and other valuable consideration, the receipt of which is hereby w1mmledged, the Landowner hereby QtA M unto the Authority the perpetual right of way and easement to construct, install, and maintain a sewer line in and upon the Landow wr's lands lying in the County of Albemarle, Virginia, which were oonveyed to the Landowner by deed of Hugh S. Abell and Ruby H. Abell dated March 14, 1957, of reoord in the Clerk's Office of the Circuit Oomt of Albemarle 0ounty, Virginia, in Deed Book 330, page 578, which easement is shown on a Plat prepared by William S. ItxLUbush, C.L.S., which plat is attached hereto as a part of this deed and reoorded herewith. As a part of the said easement, the Authority shall also have the right to enter upon Lwkiamm-s's lands for the purpose of installing, constructing, and maintaining a sewer line and for making connections thereto. Umnever it is necessary to excavate earth within said easement, the Authority hereby agrees to backfill such excavation in a proper and workmanlike manner so as to restore the surfaoe condition as nearly as practicable to the same condition existing prior to such anavation. There is also granted an additional to Wrary easement as sham on said attached plat for the use of the contractor during the installation of said sewer line. 2" easement will terminate upon oowletion of installation thereof. WI22W the following signatures aro seals: So 8 41 rA*0 5 9 4 -2- STATE OF \ MINIA AT LARD C'3T3t'/00(NTY' to -wit: Tt:e foregoing instrun'nt was adavoledged before me this ?_day ,...�,� , 1985, by CHARIiS E. S6Q7Ii and OLXN H. , to lmutu and -� �_ (�Dd My Cmutissicx: expires: -.I- i •' , I 1 1 1 1 , 1 I 1 1 1 I • r 1 SCALE. 17_-109' .1 r.1Y'• VM Fi • 3 lr. '.. 11 j> • ti 1 f v 7/1&11 /4rtf1 46E 1 !�R S MCAtrER ' G 1 1121 101(net, V PLAT SHOWING A SANITARY SEWER RIGHT-OF-WAY F e•�' a AND EASEMENT TO BE ACQUIRED BY THE RIWINNA a •�\y` .F' 'E; WATER AND SEWER AUTHORITY ACROSS PARCEL 7 TAX MAP 56(Al-2 • ; 'e;gz':o �4 t AT CROZET ALBEMARLE COUNTY.VIRGINIA $ co (r grltb f •a,f•. N cc ' •tndnlr:r rr 1•.Itll CA C1f REV AUG ZO,1904 0,111 SEPT 1.19E 3 Op V. S. OWN. JL CERf NJ 54.17 3 (sl 655 S4 17 3 (Gt 78 e •,��ten tAeo '��+� :-AmUSH, INC. ..:: OAS 11EE NO. . } M 841PA90596 VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, ADMITTED TO RECORD ON � i /YVL D I� {9 !B S . at . �0�0' CLOCK -P-11. STATE TAX LOCAL TAR TRANSFER FEE TESTS: SHELBY J. MARSHALL. CLERK CLERK'S FEE-0� PLAT BY: Yn A GRANTOR'S TAR n EPUTY CLERK TOTAL _ 6a