HomeMy WebLinkAboutSUB202000068 Plat 2020-07-30202000009779.001
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Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument: [7/1712020 ]
Instrument Type: [DE ]
Number of Parcels [ 1 ]
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
FILED
Jul 29, 2020
AT
01:22 pm
BOOK
05359
START PAGE 0212
END PAGE 0219
INST # 202000009779
TOTAL NUM PAGES 0008
MEB
Number of Pages [ 6]
'---------- ------------------------------- ---- -------- --------------- ----------------
City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only)
First and Second Grantors
Last Name First Name Middle Name or Initial Suffix
[2246-2248 IVY ROAD ] [ ] [ ] [ 1
First and Second Grantees
Last Name First Name I Middle Name or Initial Suffix
[COUNTY OF ALBEMA
I
Grantee Address (Name) [COUNTY OF ALBEMARLE VIRGINIA
(Address 1) [401 MCINTIRE ROAD
(Address 2) [
(City, State, Zip) [CHARLOTTESVILLE j [VA ] [22902
Consideration [0.00 1 Existing Debt [0.00 ] Assumption Balance [0.00
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris.
Book [ j Page
Parcel Identification No (PIN)
Tax Map Num. (if different than PIN)
Short Property Description
Current Property Address (Address t)
(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
I ] Instr. No
[06000-00-00-03800
[SAME
[1.42 ACRES, MORE OR LESS, WEST END SHOPS
1
[2246-2248 IVY ROAD
I
[CHARLOTTESVILLE ][VA ] [22903
[ALBEMARLE COUNTY ATTORNEY
[MCCALLUM & KUDRAVETZ PC
[MCCALLUM & KUDRAVETZ PC
[250 EAST HIGH STREET
[CHARLOTTESVILLE ] [VA ] [22902
[15327.25319 ] [ ] [
1001
1
1
1
1
1
1
1
202000009779.002
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 IMay of C L4 , -020 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.
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 "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
June 9. 2020, 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
202000009779.003
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 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 management/BMP 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 management/BMP 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.
Version: 05123119
202000009779.004
5. Bindingeffect. 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. ,
Version: 05/23/19
202000009779.005
WITNESS the following signatures.
GRANTOR: OWNER:
2246-2248 IVY ROAD LLC, a Virginia limited liability company
BY: Turner Enterprises Management Company, LLC, Its Manager
Joh H. Thier
Manager
COMMONWEALTH OF VIRGINIA
C PCOUNTY OF C ,ado E5AI e.
The
,foregoing instrument was acknowledged before me this � day of Jurl
� 2
2cby � o�lr\ 1%iW , Grantor.
My Commission Expires: 12nZ1
Registration number: 31
mania N
Notary Public
Pamela C. CGraves
A Commanwea"h of Urg""l
i Notary ?ublic `
- '; Cc^,m:.sicn No. 310059
'^���;% I'; nmiseior. Expires 413012021
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version: 05/23/19
202000009779.006
GRANTEE: C0UNTYqf ALBEMARLE, VIRGINIA
By:
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
ary*ettffy OFCMWITTEyIU
The foregoing instrument was acknowledged before me this /4"day of S
20W by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemar
Virginia, Grantee.
My Commission Expires: txl 31, GL5
Registration number: -1 15 l b2
ApprovedAs to Form:
aut • p q
U ;1J
County Attorney Date
o"!ic Y l Pill.
E-11,. / WIN
E
ERYL L. SKEEN
OTARY PUBLIC
TRATION•7163762
NWEALTH OF VIRGINIA
MMISSION EXPIRES
TOBER31 2023
Version: 05/23/19
n
c
SURVEYNOTES:
1. PROPERTY & ZONING INFORMATION
OWNER:
2246-2248 IVY ROAD, LLC
REFERENCE:
DB. 5271, PG. 779
COUNTY TAX MAP NUMBER:
60-38 (06000-00-00-03800)
PROPERTYADDRESS:
2246IVY ROAD
AREA:
1.42 ACRES
ZONED:
HIGHWAY COMMERCIAL
SITE PLAN REF. NO.
SDP 201900072
OWNER:
WESTEND SHOPS -EAST, LLC
REFERENCE:
DB. 1805, PG. 664
COUNTY TAX MAP NUMBER:
60-39 (06000-00-00-03900)
PROPERTYADDRESS.
22441VYROAD
AREA:
1.05ACRES
ZONED:
HIGHWAY COMMERCIAL
SITE PLAN REF. NO.
SDP 201900072
2. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON:
a) LAND RECORDS OBTAINED (& REFERENCED) FROM THE
CLERK'S OFFICE OFALBEMARLECOUNTY,, VA;
b) FIELD SURVEY& COMPILED PLAT BY THIS FIRM FOR RECOVERY
AND VERIFICATION OF EXISTING PROPERTY CORNERS AS SHOWN
HEREON.
THIS PLAT DOES NOT REPRESENTA FORMAL BOUNDARYSURVEY
PERFORMED BY THIS FIRM.
3. BASIS OF MERIDIAN IS NAD83 (NA 2011) VIA NETWORK GPS
OBSERVATIONS
4. BASED ON FEMA FLOOD INSURANCE RATE MAP (FIRM), MAP NO.
51003CO267D, (PANEL 2767OF 575) EFFECTIVE FEBRUARY4, 2005,
PORTIONS OF THE SUBJECT PROPERTY LIES IN UNSHADED ZONE X,
AREAS DETERMINED TO BE OUTSIDE THE a2% ANNUAL CHANCE
FLOODPLAIN.
5 THIS PLAT HEREBY DEDICATES TO PUBLIC USE THE STORMWATER
MANAGEMENT (SWM) FACILITYAND STORMWATER MANAGEMENT
ACCESS EASEMENTS SHOWN HEREON.
6. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN THE MEADOW
CREEKAND MOORES CREEK WATERSHEDS PER COUNTYGIS, NEITHER
OF WHICHARE WATER SUPPLY WATERSHEDS.
7. THE PROPERTY SHOWN HEREON IS NOT LOCATED WITHIN AN
AGRICULTURAL -FORESTAL DISTRICT.
8. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN AN ENTRANCE
CORRIDOR OVERLAYAREA.
9. THE PROPERTY SHOWN HEREON IS LOCATED WITHINANAIRPORT
IMPACT AREA.
10. MANAGED/ STEEP SLOPES ARE PRESENT ON / WITHIN PROPERTY.
11. COUNTYPROJECTREFERENCE.' SDP201900072
COUNTY OFALBEMARLE
BO(A�RD OF SUPERVISORS
DES GNATED AGENT 5
DATE
Dar US
4T86(59 8014 V 260
sue,° Vop /AB<ek,,J�71'Rp
Q - 7>o F OTpROOJ 7? OTy q0
¢ \g6sQ J 026 0 2 R 0
EX VDOTUTILIPK 7
/ EASEMENT �OQy,
OB 5144 PG 315 �
OWNER'S APPROVAL:
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED
LAND, STORMWATERMANAGEMENTFACILITY, STORMWATER
MANAGEMENT ACCESS, AND PRIVATE SHARED ACCESS EASEMENTS,
ON THE LANDS OF2246 2248 IVY ROAD LLCAND WEST END
II >- SHOPS -EAST, LLC, TAX MAP PARCELS 60-38 & 60-39 IS WITH THE 4
FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE
UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY.
FOR: 2 16-2248 IVY ROAD LLC \
BY 6 l7 7-d
DA TE
doG..1-a;er
(PRINT NAME)
QQ(F)
i
i
i
LEGENDI,I
PROPERYYCORNER
(FOUND, AS NOTED)
ESMT.
EASEMENT
VAR.
VARIABLE
IMP
TAX MAP PARCEL
DR.
DEED BOOK
PG.
PAGE
TIE ESMT.
AT 154.88'
(FROM
VDOT MON)
EX 21'(PRIVATE)
EX ELECTRIC POWER \ \
ROAD R/W
DB. 488, PG. 620
^/
/
EASEMENT FOR VIRGINIA
ELECTRIC & POWER co. PRIVATE VARIABLE
ECI-
TMP 60-37
2
�byi/ IG�
DS. 5134, PG. 760 WIDTH SHARED
�O
JOSEPH W. &
S f
° i/ ���
\
ACCESS EASEMENT
TMP 60-38
MARYJA , PG. 15 UE
DB. 775, PG. 154
W I
�
�6/ FOR TMP 6039)
5/ 2246 22481VYROAD LLC
/ AREA = 683 5F(0.016AC.)
/
/ DB. 5271, PG. 779
Ul/ ZONED: HIGHWAY COMMERCIAL ti
Go I VAR. WIDTH PERMANENT
2 / STORMWATER MANAGEMENT
FACILITY EASEMENT /
AREA=9,037SF(0.207AC.)03
W E15 ` EC2
gryV//
IRON fFBJ II
2 STORMWATER
MANAGEMENT ACCESS I
TIE M
�8
AT 11
EASEMENT
y
I
11.2-EAST
O l/.
l �'
W
AT 146.68'
// FE
OF LINE)
pry 1
AREA = 1,857 SF (0.043 AC.)
I
J
/
/
I N79'15'04"W
TMP60-36
?l`'
I
�I 1500'//
/� I
300 TWIN SYCAMORE
LANE, LLC
j
DS. 3995, PG. 533
/
W
II
�... E4
l
�n
2L1P
W
..
E2BENT
=3i W /
E10 �
OB%
/
I•
PIPE(F)
3078'
E12 /
/
�E31
- o
U PIPE
N85°1644"W
217.00'
IRON(F)
(TOT.)
W
v rr (F)
-'
m2N
S Q
TIE ESMT.
AT 199.01'
c
a
IMP 60-4005
4 (
CHARLOTTESVILLE INVESTMENT
�j
PROPERTIES
y O
DB. 860, PG. 568
CDR)
TIE ESMT.
AT.3509'
(FROM
PROP. CDR)
STEEPSLOPES
i (TYR-)
EX. 20' (PRIVATE)
ROAD RAN
DB. 488, PG. 620
STATEOF. I%i V-0�! (14 U%
COUNTY OR CITYOF.- i�4Y;tJ Irr�l2sv��i8i
THE F REGOING WAS ACKNOWLEDGED BEFORE ME ON
THIS VODAY OF ,) IA.ti UI i 2020,
BY.
l�OTA YUUBLIC 3/0(},)"/
STATEOF
COUNTY OR CITY :�IrtOV
THE FO EGOING WAS 6PKNOWLEDGED BEFORE ME ON
THIS DAYOF j IAVV, 2020,
BY.
ARYPUBLIC
MY COMMISSION EXPIRES:
{� ,� I a C Graves
i Ccml dea rh o` Virginia
Public
310059
.y r s 413012021
EX VDOTUTILITP°
EASEMENT
DB. 5144, PG. 315
w
%PRIVATE VARIABLE WID
T SNARED ACCESS ESMT.
(FOR TMP 6038)
\ AREA = 7,384 SF (0.170 AC......::::: }?: }}:;;?:: ';'_:"..:..:::':.
\ WEST END SHOPS T, LLC..
\ DB. 1805, PG 664
\ ZONED:
\ HIGHWAYCOMMERCIAL
\ T
2Fd Fs (MANAGED)
STEEP SLOPES
(TYP.)
9
I \
1V85°1625"W jD4 nrn
SCALE 1 "=40'
0 40' 80,
om
m
TMP 60-40C1
TOWNSIDE EAST LLC
DB. 1681, PG. 133
V.S. RTE 291250 BYPASS
UVA NORTH I I /
JOHN PAUL
]NES ARENA
3INITY MAP
1" = 2,000'
LINE TABLE
LINE
BEARING
LENGTH
LINE
BEARING
LENGTH
El
N10 3739E
11.83'
E17
N78°1103'W
20.33'
E2
N77 2858E
6766'
E18
N78°1103"W
56.82'
E3
N I I 2450"E
15.16'
E19
N10°3739 E
24.01'
E4
S78°3646E
13.15'
E20
S30'4732"W
20.09'
E5
NII.4030E
111.95'
E21
S28°40W-W
48.49'
E6
S7737'17 E
106.55'
E22
S27°5003"W
12.30'
E7
S123941"W
2791'
E23
S903104"W
9.03'
E8
N7753'11"W
65.40'
E24
S15'1328"W
32.53'
E9
S11 5155W
106.16'
E25
S20°5936"W
38.45'
EIO
N78 23 06"W
30.43'
E26
S39 3835W
16.88'
Ell
SI1 23'14"W
8.90,
E27
S3 5059"W
43.27'
E12
N812844W
12.81'
E28
N64°3432"W
14.42'
E13
S772858W
45.13'
E29
N5°0440"E
7.87'
E14
S78'1103"E
57.38'
E30
S5'4627"W
93.12'
E15
S78°f047E
20.21'
E31
N84'1333"W
23.83'
E16
S/1 4030"W
24.00'
E32
S54528"W
20.44'
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
DELTA
CHORD BEARING
CHORD
EC1
25.00'
16.55,
8.59,
37°5529"
N11 4948E
16.25'
E02
28.00'
8.95,
4.51'
18°1900"
S18 4034W
&91'
EC3
44.93'
18.53'
9.40'
23°3724"
S50°1824'W
18.40'
E04
10.01,
14.60'
8.95,
833455"
S3°19'43 E
13.34'
EC5
1 14.32'
1 14.26'
1 7.78'
1 57'0329"
S87"3001"W
13.68'
OWNERS) ADDRESS:
WEST END SHOPS -EAST, LLC 2246 2248 IVY ROAD LLC
1233 CEDARS COURT, SUITE 101 2246 2248 IVY ROAD
CHARLOTTESVILLE, VIRGINIA22903 CHARLOTTESVILLE, VA 229X
PLAT SHOWING
SURVEYOR'S CERTIFICATE:
STORMWATER MANAGEMENT
ICERTIFY THAT THIS EASEMENTPLAT,
FACILITY, STORMWATER
TO THE
KNOWLEDGEAND BELIEF, IS CORRECT
NOWLE GEAND YPROFESCORRE
MANAGEMENT ACCESS ,
AND ALL THE REQUIREMENTS SET
& ACCESS EASEMENTS
FOR TH REGA RDING THE PLA TTING OF
E 4 SEMEN TS IN AL BEMA RL E COUNTY,
ON THE LANDS OF
VIRGINIA HAVE BEEN COMPLIED WITH.
2246-2248 IVY ROAD, LLC
jf,TAX
& WEST END SHOPS -EAST, LLC
MAP PARCEL 60-38 & 60-39
��SDP
GISTERI�'01900072
JACK JOUETT MAGISTERIAL DISTRICT
nC.
LEYS
ALBEMARLE COUNTY, VIRGINIA
lack louett Magisterial District Albemarle County, VA
n.I
DATE: April 8, 2020 1 SCALE: 1 "=40'
DRAWN BY: JCM CHECK BY:
LAST REVISED: June 9, 2020
z
O
i
E
202000009779.008
INSTRUYI CIRGU c RT CMGs OFF10E
AIBENARLE C 01:22 Dm
RECORDED Jul 2912020CLERK by NE9
I
JONR ZUG
05359 PAGE 02t2. 002"
BOGK