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Home My WebLink AboutWPO201900018 Easements 2019-06-27201900006564.001 VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date:6/25/2019 Instrument Type: --------- DOD-PL Number of Parcels:---_.� Number of Pages: __-9...-. [ ] City M County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [)4 Grantor: VA CODE 17.1-266 --- ------------------------------ [51 Grantee: VA CODE-17.1-266--_-_------------------_-__ Consideration- ----------------- -............ $0-W ...-------------- Existing Debt: ............. ------------- $0.00--------------------- Actual Value/Assumed-------------------- $OAO,.................... PRIOR INSTRUMENT UNDER § 58.1.803(D): Original Principal- ----------- --------------------- $0:00 Fair Market Value Increase- -------------------$0,00 _ Original Book Number: ---------- Original Page Number: Prior Recording At: [ ] City [ ] County RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG _CLERK OF GIRCI RT ni iar FILED Jun 27, 2019 AT 12:28 pM BOOK 05184 START PAGE 0348 END PAGE 0358 INST # 201900006564 TOTAL NUM PAGES 0011 MEB For Deed Stomp Only) Original Instrument Number: Percentage In This jurisdiction: ______--- 100% .....................................- ------- g ] ......---- BUSINESS / NAME 1 Grantor: THE PEABODY SCHOOL ------------------------------------- -------- [ ]Grantor: ----------------------------- -----...... --------------------------------- ------------------------------------------------------- -----............ 1. pd Grantee: COUNTY OF ALBEMARLE, VIRGINIA---------------------------------- --- -- - --- ---- - -------- [ ] Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA - - ---------- ----- -----------------. ...---------------- Address: 401 MCINTIRE RD ----------------------------------------------------------------------- .......... --------------------------.... - City:. CHARLOTTESVILLE-------------- ----------------- State:.-- VA... Zip Code: ... ........ 22902 Book Number: _-........ Page Number: ---------- Instrument Number: Parcel Identification Number (PIN): 076M1-00-00-01500 - Tax Map Number: _N/A Short Property Description: SEEINSTRUMENT -------------------------------------- Current Property Address: .1232 STONEY RIDGE RD ---.....---- -- - .......... -- - - City; CHARLOTTESVILLE . .. State: VA_-. Zi Code: 22902 Instrument Prepared By: WILLIAMS MULLEN Recording Paid By: LORI SCHWELLER - ---- ------------------------------ Recording Returned To:-LORI_SCHWELLER ---------------------------------....... ---------------------- - Address: WILLIAMS MULLEN 321 EAST MAIN ST, SUITE 400 --------------------------------------- - ------------------ --------- .......... City; CHARLOTTESVILLE ------ State: ---- VA__ Zip Code: ----_------ 22902 FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223.17.1.227.1,17.1-249 Copyright C 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 201900006564.002 Prepared by: Williams Mullen, P. C. 321 East Main Street Suite 400 Charlottesville, VA 22902 Tax Map Parcel ID No.: 076M1-00-00-01500 This deed is exempt from taxation under Virginia Code § 58.1-81 I(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT (for Variable width SWM Forest and Open Space Easement, SWM Easement, and Access Easement) THIS DEED OF DEDICATION AND EASEMENT, dated this Uttt day of 41A M�- ; 2019, is by and between THE PEABODY SCHOOL, a Virginia non - stock, not -for profit corporation ("Grantor''), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County") or ("Grantee"). WITNESS: WHEREAS, the Grantor is the owner of that certain real property described as Parcel ID No. 076M1-00-00-01500 (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: All that certain lot or parcel of land situated in -Albemarle County, Virginia containing 5.09 acres, more or less, shown as Revised Parcel 5, Mill Creek Industrial Park Subdivision, on the plat of Roger W. Ray & Assoc., Inc., dated February 19, 1993, last revised September 8, 1993, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1342, page 238; BEING the same property conveyed to The Peabody School, a Virginia non -stock corporation by deed from Hunter E. Craig, Trustee of the Mill Creek Industrial Land Trust under agreement dated January 1, 1987, said deed dated March 5, 1997 and recorded on March 18, 1997 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1599, page 258 (hereinafter, the "the "Plat"). Reference is made to the Plat for a more particular description of the Property. WHEREAS, Grantor wishes to grant to Grantee a forest and open space easement described and shown as "VARIABLE WIDTH SWM FOREST AND OPEN SPACE EASEMENT 0.75 ACRE" (the "Forest and Open Space Easement Area") more particularly shown.and described on that certain plat entitled "VARIABLE WIDTH ACCESS AND STORMWATER MANAGEMENT 201900006564.003 EASEMENT, SWM FOREST AND OPEN SPACE EASEMENT, & UTILITY EASEMENT ACROSS PARCEL 76M1-15, SCOTTSVILLE DISTRICT, ALBEMARLE COUNTY, VIRGINIA," dated May 20, 2019 and last revised June 14, 2019 (the "Easement Plat"), attached hereto as Exhibit A. WHEREAS, Grantor also wishes to grant to Grantee the stormwater management easements and access easements described and shown on the Easement Plat as: (1) "VARIABLE WIDTH STORMWATER MANAGEMENT ESMT 0.077 ACRE," (2) "VARIABLE WIDTH STORMWATER MANAGEMENT ESMT 0.177 ACRE," (3) "VARIABLE WIDTH STORMWATER MANGEMENT ESMT 0.482 ACRE," (4) "VARIABLE WIDTH STORMWATER MANAGEMENT & ACCESS EASEMENT 0.133 ACRE," and (5) "VARIABLE WIDTH ACCESS EASEMENT 0.190 ACRE," (collectively, the "Stormwater Facilities Easement Area"). For brevity, the Forest and Open Space Easement Area and Stormwater Facilities Easement Area shall be collectively referred to as "Easement Areas" and "Easement" or "Easements." The Easement Plat is attached hereto and incorporated herein as Exhibit A; and WHEREAS, Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into two agreements, each entitled "Stormwater Management/BMP Facilities Maintenance Agreement" (hereinafter, collectively, the "Maintenance Agreements") — (1) an agreement, dated July 26, 2013, and recorded on August 15, 2013 in the Albemarle County Circuit Court Clerk's Office in Deed Book 4399, page 529, in which Grantor has agreed to construct and maintain stormwater management/BMP facilities to effect the Water Protection Ordinance (WPO) Plan described as Peabody School WPO Plan — WPO-2013-00033; and (2) an agreement, dated Ph-& 2r ; 2019. recorded immediately prior hereto, in which Grantor has agreed to construct and maintain Stormwater managementBMP facilities to effect WPO Plan WP02019-00018, and WHEREAS, such stormwater management/BMP facilities within the Maintenance Agreements also expressly include the drainage pipes located within the Easement Areas; and WHEREAS, the Maintenance Agreements also provide in part that Grantor give 201900006564.004 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 Agreements also provide in part that, in the event Grantor, its successors or assigns fails to maintain the stormwater management/BMP facilities in good condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies; and WHEREAS, it is the desire and intent of Grantor to dedicate, grant and convey Easements for public use in accordance with this Deed of Dedication and Easement, to be located on the Easement Areas. 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, Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the County, its successors and assigns, a perpetual easement over the Easement Areas. Reference is made to the Easement Plat for the exact location and dimensions of the Easement Areas as they cross the Property. The Easement shall be subject to the following: 1. Right of ingress and egress. The County and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts to which Grantor and the County have agreed it mayperform under the Maintenance Agreements. 2. Ownership of the facilities. The Easement Areas and stonnwater management/BMP facilities required to be constructed and maintained by Grantor under the Maintenance Agreements shall be and remain the property of Grantor. This Deed of Dedication and Easement shall not beconstrued to be an assumption of ownership or control by the County over the Easement Areas and stonnwater management/ BMP facilities subject to the Maintenance Agreements. 3 201900006564.005 3. No obligation on County to inspect or maintain. This Deed of Dedication and Easement shall not be construed as imposing an obligation on the County to repair or otherwise maintain the Easement Areas and stormwater management/ BMP facilities subject to the Maintenance Agreements. 4. County's right to assign. The County shall have the right to assign this Easement as its interests may require. 5. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon Grantor, the County; and their successors and assigns. All references herein to "Grantor" and the "County" include their respective successors and assigns. All references to the "County," when exercising any right or obligation herein, includes the County's officers, employees andagents. 6. Termination of Easement. If 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 requirements of 9VAC25-870 et seq. and Chapter 17, Water Protection, Albemarle County Code, as the regulations may be amended in the future. In addition to meeting these requirements, Grantor shall mitigate for any loss of nutrient credit reductions provided in the stormwater calculations for the Property described in the Maintenance Agreements 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 Grantor, in the Clerk's Office of the Circuit Court of Albemarle County upon approval of the Albemarle County Attorney. The County, 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 S 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURE PAGES IMMEDIATELY FOLLOW] 4 201900006564.006 WITNESS the following signatures. GRANTOR: THEPEABODYSCHOOL a VirginiZ&;77 tion / By: G/1/ /"I Rob Orlando. Head of School COMMONWEALTH OF VIRGINIA CITY/COUNTY OF f iJtr►e..! The foregoing instrument was acknowledged before me this loqPday of 4(dA& by Rob Orlando, Head of School, on behalf of The Peabody School, Grantor. Notary Pu is �� : N01ARY • :S� 2: pU6LIC My Commission Expires: 3 I L#i3Qg2p2 MY COMMISSION ES Registration number: R2 07M2022 : 02, % �.y�'••, p713 •� �'•.,;�EAL'M o,.•' 0#i0u1nN [SIGNATURE PAGE OF DEED OF DEDICATION AND EASEMENT] 201900006564.007 GRANTEE: COUN .Y OF ALBEMARLE, VIRGINIA By: !char Jeffr y .dson, County Executive COMMONWEALTH OF VIRGINIA CITY/GPUN =r OF 6 rlog¢v)me-, to wit: The foregoing instrument was acknowledged before me thisa5&day of 2019 by Jeffrey B. Richardson, County Executive; on behalf of the County of Al made; Virginia; Grantee. My Commission Expires: 3 go Registration -number: r i,62)1ba Aed as to form: '/nJV11 County Attorney \' hDire L. IV-., N(9tary Public CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION M 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 [SIGNATURE PAGE OF DEED OF DEDICATION AND EASEMENT] 201900006564.008 EXHIBIT A the Easement Plat [attached] THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND TMP 74M(1)-151S WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES,JF ANY. ��-INW F R: THE PEABODY SCHOOL �``r MIA( r •7. �; NOTARY CITYCOUNTYOF: A'll12YY.-�LYIPi Q-; PUBLIC •:>' STATE F: EG 7348 2 ; THE FOREGOING INS RUM NT WAS ACKNOWLEDGEgBEFO At OFM/.2019. BY OR:SH Pf `z 07/31/2022 2 NOTARY PUBLIC: '•,�O ......'•\�\Q, MY COMMISSION EX S: �•, /'d(.F •` •.,, FALTH O,,•` APPROVED FOR RECORDATION r'rr11rrrr, 4'a 1 L/"- - /,nf' as/1-1 AGENT FOR THE BOARD OF SUPERVISORS DATE V4RIAbLE iYIDTfI_ SW.if FOREST AND OPEN SPACE EASEMENT 0.76' ACRE TT R.4COLI No. 35791 b-I07'IR TMP 76M(1)-2—OA FOXCROFT OWNERS ASSOCIATION, INC. °d D.B. 3483 P. 572 D.B. 1857 P. 135 D.B. 1662 P. 352 PLAT SEE CURVE TABLE ON SHEET 2 OF 2 FOR C4 AND C5 DATA TMP 09000-00-00-000A4 ACREAGE: 7.01 AC. MILL CREEK PUD HOME OWNERS D.B. 1267, PG. 089 ZONED: PUD N 37.5238"E 413.93'. v. VARIABLE WIDTH ACCESS AND STORMWATER MANAGEMENT EASEMENT, SWM FOREST AND OPEN SPACE EASEMENT, & UTILITY EASEMENT ACROSS PARCEL 76M1-15 INITIAL SUBMITTAL- 5/20/19 REVISED SUBMITTALS 6/5/19 REVISED SUBMITTAL 6/11/19 TMP 76M(1)-3—OA SCOTTSVILLE DISTRICT ALBEMARLE COUNTY VIRGINIA REVISED SUBMITTAL 6/12/19 FOXCRO= OWNERS REVISED SUBMITTAL 6/14/19 ASSOCIATION, INC. D.B. 3483 P. 572 N� t2 70 e7 ''ei 22J A. EASEMENTTO CENTRALTELEPHONE COMPANY OF VA (D.B. 1351-659) B. EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY (D.B. 1332-534 & D.B. 3329-66) C. EASEMENT TO ALBEMARLE COUNTY SERVICE AUTHORITY FOR 20' SEWER LINE (D.B. 1474-262). D. EASEMENTTO ALBEMARLE COUNTY SERVICE AUTHORITY FOR WATERLIN (D.B. 3373 - 221). E. STORMWATER MANAGEMENT/ BMP FACILITIES MAINTENANCE AGREEMENT (D.B. 3094-740). F. 10' UTILITY & DRAINAGE EASEMENT RESERVED ALONG ALL LOT UNES. ALSO, INCLUDES UNDERGROUND EASEMENTS FOR VA POWER (D.B. 2102-724 PLAT). G. 30' DRAINAGE EASEMENT OVER ALL STREAMS AND DRAINAGE COURSES EXISTING WATERLINE EASEMENT B. 3373, PG. 221, 225 PLAT) OPEN SPACE (D.B.1102-726 PLAT) --- STORW,4TFR A(A, a* ACG'd'SS A S O f88 CR TMP 76M1- REVISED P CEL 5 5.090 THE P BOD S D.B. 15 G. 258 D.B. 1342- 238 THRU 247 �Y EXISTING DRAINAGE EASEMENT (D.B.1102-726 PLAT) TES: r7 Q 2 OWNER (s) &ADDRESS DR r 0 P •/ THE PEABODY SCHOOL 1232 STONEY RIDGE ROAD CHARLOTTESVILLE, VIRGINIA 22902 PROPERTY ZONED PUD (AIRPORT IMPACFAREA) ZMA-1995-00019, ZMA-1996-00021, SP2012-30, & SP2018-04 THE PROPERTY DOES NOT LIE WITHIN A WATER SUPPLY WATERSHED. THE PROPERTY DOES NOT LIE WITHIN AN AGRICULTURAL -FORESTAL DISTRICT. NO FIELD WORK WAS DONE IN PREPARATION OF THIS PLAT. ALL BOUNDARY DATA SHOWN HEREON WAS TAKEN FROM A PLAT BY ROGER W. RAY & ASSOC., INC., LAST DATED REVISED 9-8-93, RECORDED IN D.B. 1342-238 AND WAS NOT RESURVEYED THIS DATE. THE AREA SHOWN HEREON IS LOCATED IN ZONE W & HAS BEEN DETERMINED TO BI OUTSIDE THE 0.2%ANNUAL CHANCE FLOOD PLAIN AS SHOWN ON FEMA MAP No. EXI STING 20'SANITARY I GRAPHIC SCALE SEWER EASEMENT I 7o 40 80 160 p- (D.B.1102-724 PLAT) �I \ \ I I ( IN FEET ) \ v0� TgR'� I 1 inch = 80' ft. / \JfAAr46!Z AT ESNT \ \ 0.177 AC" I EXISTING DRAINAGE ` EASEMENT F I L52 (D.B.1102-726 PLAT) \f/ \ T.M. 76M(1) - 16 / g��F \ IRF ACREAGE: 7.63 AC- / NT , ;• � � STONEY RIDGE ROAD LLC fJ J f L/�.'. L13 L7 L88\ L12 R=435.00' L=214.48' T=109.47' C=212.31' CB=S49'40'05'W DELTA= 28'15'00" +�/ J T.M. 76M(1) — 13 ACREAGE: 2.00 AC. EXECUTIVE S j PROPERTIES LLC D.B. 2929, PG.125 ONED: PUD SEE CURVE TABLE ON SHEET 2 OF 2 FOR Cl. C2 AND C3 DATA R0' ACSA T.M. 76M(1) — 14 �5 ;ITY EASEMENT ACREAGE: 2.08 AC. ffim 0.004 ACRE PETCHEL, ROBERT OR KATIE JbN D.B. 1525, PG. 259 16x8 ' L=54.98' J T=35.00" CB S80 35 35"W DELTA= 90'00'00" ZONED: PUD pa *L22 REPRESENTS A BEARING & DISTANCE TYING THE PROPOSED EASEMENTS TO A PERMANENT MONUMENT ON THE EXTERIOR BOUNDARY OF THE PROPERTY AND THE EXISTING STREET. VICINITY MAP V = 2000' 3 SHEET 1 OF 2 i DETAIL OF 20' ACSA UTILITY EASEMENT: SCALE !1'=10' TH OFF J ` (DB .1'33-Z. PG 53� � VARIABLE WIDTH ACCESS / EASEMENT (0.190 ACRES) % OSCOTT COLLINSZ PROPERTY LIMITS / U No. 35791 n \ PROPOSED 20' UTILITY j �p �►-1 %'� v� / \ EASEMENT (0.004 ACRES)/ j SIONAL 8 PROPERTY BOUNDARY j MARKER / �A- L28 k \ / cj j �� , � % ��. ! • EXISTING WATERLINE ESMT. �O� \ yo % (D.B.3373 PG. 221, 225 PLAT) ! 1 i VARIABLE WIDTH STORMWATER MANAGEMENT J/ j ESMT. (0.482 ACRES) 6 CURVE RADIUS LENGTH DELTA TANGENT CHORD CHORD BEARING Cl 385.00 25.67' 03'49'10" 12.84' 25.66' S 61'44'49" W C2 385.00 11.01' 01'38'20" 5.51' 11.01' S 59'01'04" W C3 385.00' 82.49' 12'16'32" 41.40' 82.33' S 52'03'38' W C4 710.00' 120.00' 09'41'01" 60.14' 19.85' N 59'16'27 W CS 710.00' 63.44 05'07'10" 31.74' 63.42' N 66'40'32" W SHEEP 2 OF 2 201900006564.011 INSTRUMENT R20iw000R6��Ms OFFICE REOOROEO PLBEIM 0 iGIRO A2.28 Pm Jun 2T, 20�8 ATRK by ME' JON R. ZUG. OLE BOOK w84 PPGE 0349 00398