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Home My WebLink AboutSUB202000109 Easements 2020-08-28This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Part of Parcel ID No. 055EO-01-00-000FO This deed is exempt from taxation under 17r,inia Code § 58.1-81 1(At(3) and from Clerk's fees under t'ir,Kiniu Cade 17. I -266, DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this 11 day of _&k-O -r , 2020, is by and between PIEDMONT SENIOR LIVING REAL ESTATE, 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 acquired title to that certain real property located in Albemarle County, Virginia, containing 4.16 acres, more or less, known as Tax Parcel ID Number 055EO-01-00-000FO (the "Property"), from March Mountain Properties, L.L.C., a Virginia limited liability company, by virtue of a Deed dated May 14, 2009, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 3739, page 307, and Deed of Correction dated October 22, 2009, recorded in Deed Book 3812, page 497; and WHEREAS, Grantor desires to grant, convey and dedicate to the Grantee two easements for public storm drainage; and WHEREAS, Grantee desires to acquire those two easements for public storm drainage; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the easements for public use in accordance with this Deed of Dedication and 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 areas 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 ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby (2743894-2, 112206-NO06-011 acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY TITLE and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, for public use, two (2) perpetual variable width public drainage easements, for the purpose of constructing and installing and thereafter maintaining, operating, relaying and, if necessary, replacing public storm drainage systems, with all necessary appurtenances thereto, and Grantor does hereby assign, transfer and set over unto Grantee, any and all right, title and interest it may have in and to the Improvements and all necessary appurtenances thereto, installed by Grantee within the easement area, said easement being over, through, under and across the Property and being more particularly described as follows, to -wit: THOSE two areas designated as "PROP. VAR. WIDTH PUBLIC DRAINAGE ESM'T. HEREBY DEDICATED TO PUBLIC USE," (hereinafter, the "Easement") more particularly described and located on Sheet 3 of that certain plat entitled, "Special Lot Plat Claremont Lane Right of Way Dedication Ashlar Avenue Right of Way Dedication and Storm Drain Easement Plat, Old Trail Village TMP 055EO-01-00-000170," dated May 19, 2020, last revised August 6, 2020, prepared by Roudabush, Gale & Associates, Inc., recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, herewith (the "Plat").. 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 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 (2743894-2, 112206-00006-01) 2 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 adequate and fully ftmctioning 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. [2743894-2, 112206-00006-011 7. TemRorary 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 am person acting under the Grantor's express or implied eon ent ,hall moditr, alter, reconstruct, interfere with. disturb or otherwise change in any "a% the land within the Easement or any Improvement located within the Easement, and such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 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. Grantor hereby specifically reserves unto itself, and its successors in title, the right to connect to the said easement and access to the drainage system located on the Property as shown on the Plat by crossing the easement area at the location determined by Grantor. 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 {2743894-2, 11220600006-01 } GRANTOR: PIEDMONT SENIOR LIVING REAL ESTATE, LLC, a Virginia limited liability company B,� Piedmont Senior Lining, I.LC, its Member B David S. Hilliard, Chief Executive Officer COMMONWEALTH OF VIRGINIA, ) ) To -wit: CITY/COUNTY OF A per. ) The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this 1— day of ALgo&-r , 2020, by David S. Hilliard, Chief Executive Officer of Piedmont Senior Living, LLC, the sole member of Piedmont Senior Living Real Estate, LLC, who is personally known to me or whose identity was proven to me on the basis of satisfactory evidence of identity and who personally appeared before me and executed this document on behalf of the company(ies). Ammy George Notary Public Reg #7837359 JVN Commonwealth of Vi inia Noipy POW IMY Commission Expires Z My Commission Expires: '5!6eC. *3b4f zo23 Registration Number:-Je3J3'.57'f SIGNATURES CONTINUE ON THE FOLLOWING PAGE f2743894-2, 112206-00006-011 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA C. P County Executive kk- COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledaad. befo a me this � day of 2020, by gun y�xecutive, on behalf of the County of Al marle, Virginia, Grantee.-vp•gl� S. C• L3a\1Set 0t RJ L. " NotAy Public My Commission Expires: . 31 a02),3 Registration number: r11 cj 3rUe a, =PUBLIC C HERYL L. NRE53762COMMVIRGINIAMY XPIRES23 Approv A as to form: z� () County Attorney Date (2743894-2,112206-00006-01)