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Home My WebLink AboutSUB202000151 Deed of Dedication and Easement 2020-10-08This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers 090GO-01-00-000130, 090GO-01-00-000E0, and 090GO-01-00-000FO 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 DEDICATION AND EASEMENTASEPMENT// THIS DEED OF EASEMENT, dated this Z3 day o20 is by 1 and between STANLEY MARTIN COMPANIES, LLC, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the County"), Grantee. 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 20' Trail Easement" (hereinafter, the "Easement'), shown on the plat of Roudabush, Gale & Assoc., Inc., dated August 19, 2020 and last revised September 22, 2020, entitled "Plat Showing New 20' Trail Easement in Whittington Subdivision, Phases A, B 1, & B3, Samuel Miller District, Albemarle County, Virginia," a copy of which is attached hereto and recorded with this deed (hereinafter, 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 portions ofthose certain lots or parcels of land situated in the Samuel Miller Magisterial District of the County ofAlbemarle, Virginia, designated as: i " Open Space B" on a plat by Dominion Engineering titled "Subdivision & Consolidation Plat of Whittington Subdivision, Phase A, TMP 90 Parcels 3, 45, 46, 47, 48 and TMP 89 Parcel 95, Samuel Miller District Albemarle County, Virginia," dated April 23, 2013, last revised July 10, 2013, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4433, pages 561-565, also being a portion of the same property conveyed to Piedmont Neighborhoods LP, predecessor -in -interest to the Grantor herein, by deed of Triumph Whittington, LLC, recorded in said Clerk's Office in Deed Book 4433, page 576; ii. "Residue Lot" on a plat by Dominion Engineering titled "Subdivision & Consolidation Plat of Whittington Subdivision, Phase A, TMP 90 Parcels 3, 45, 46, 47, 48 and TMP 89 Parcel 95, Samuel Miller District Albemarle County, Virginia," dated April 23, 2013, last revised July 10, 2013, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4433, pages 561-565, also being a portion of the same property conveyed to Piedmont Neighborhoods LP, predecessor -in -interest to the Grantor herein, by deed of Triumph Whittington, LLC, recorded in said Clerk's Office in Deed Book 4461, page 435; and WHEREAS, the Grantor desires to dedicate, grant and convey to the County, and the County is willing to accept, an easement over the Property for the purpose of allowing the County to establish and maintain a public access trail and greenway, including authorized improvements (collectively, the "Greenway"), subject to the terms and conditions stated in this Deed. NOW, THEREFORE, in consideration of the premises and ONE DOLLAR ($1.00), 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, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. The Easement shall be subject to the following: 1. Purposes of the Easement. The purposes of the Easement are to establish on the Property a segment of a countywide system of greenway trails that will link people to the area's natural, recreational, cultural and commercial resources. As part of this system, the Easement will serve to protect important and/or sensitive resources, provide recreational and educational opportunities, provide an alternative transportation system, and provide an economic benefit. 2. Right to establish improvements within the Easement. The County shall have the right to establish at its expense within the Easement, as follows: A. Public access trail. The County may establish and maintain, in its sole discretion, either Class A or Class B trails as set forth in the County's Design Standards Manual. The trails shallbe available for pedestrians and bicyclists. B. Improvements. The County may establish and maintain the following improvements within the Easement: (1) appropriate trail surfaces, footbridges and associated trail structures and 2 culverts; (2) trail markers and signs along all trails and at all points of access; (3) barriers, fences and gates to prevent motorized vehicular access into the Easement; (4) benches for the convenience and comfort of the public; and (5) all other improvements that are reasonable for a public access trail. C. Ownership ofimprovements. All improvements within the Easement established by the County shall be and remain the property of the County. 3. Right to inspect and maintain the improvements within the Easement. The County may enter the Easement to inspect and maintain the improvements within the Easement as follows: A. Right to disturb and maintain the Easement premises. The County shall have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences, structures or other obstructions; and take other similar action reasonably necessary to establish, maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1) the County, at its own expense, shall restore as nearly as possible, repair and replace only ground cover disturbed, damaged or removed as a result of establishing, maintaining or operating the improvements to the extent the restoration or replacement is consistent with its proper maintenance, operation, and use; and (2) after the County establishes the Greenway, no trees having a diameter at breast height of four (4) inches or greater shall be removed, destroyed or cut within the Easement except to protect public safety, eliminate trees that are either diseased, dying or dead, or if deemed necessary in accordance with standard arborist practices. B. Obligation to remove trash and other debris. The County shall remove from the Easement all trash and other debris resulting from the establishment, maintenance or operation of the improvements. 4. Restrictions on uses and activities in the Easement. The County shall have the right to regulate and restrict the uses and activities of the public within the Easement, in its sole discretion. 5. Miscellaneous provisions. The following provisions apply: A. Easement runs with the land. The Easement shall ran with the land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. B. Exclusivity; restrictions. The Easement is an exclusive easement. 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 or any improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. C. County's right to assign. The County shall have the right to assign this Deed as its interests may require. An eligible assignee shall be one that is able to perform the terms, conditions and obligations of this Deed to assure that its purposes are fulfilled. D. Enforcement. In addition to any remedy provided by law to enforce the terms of this Deed, the parties shall have the following rights and obligations: 1. Action at law inadequate remedy. It is conclusively presumed that an action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any attempted breach or violation, of any term of this Deed. 2. Failure to enforce does not waive right to enforce. The failure of either parry to enforce any term of this Deed shall not be deemed a waiver of the right to do so thereafter, nor discharge nor relieve the other party from thereafter complying with any such term. 3. No third party right of enforcement. Nothing in this Easement shall create any right in the public or any third party to maintain any suit or action against any party hereto. E. Notice of proposed transfer or sale. The Grantor, its successors and assigns, shall notify the County in writing at the time of closing on any transfer or sale of the Property. In any deed conveying all or any part of the Property, the Easement shall be referenced by deed book and page number in the deed of conveyance and shall state that this Deed is binding upon all successors in interest in the Property in perpetuity. Notice shall be provided as follows: Grantor Stanley Martin Companies, LLC 11710 Plaza America Drive, Suite 1100 Reston, VA 20190 County County Executive County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902-4596 F. Relation to applicable laws. This Deed does not replace, abrogate or otherwise supersede any federal, state or local laws applicable to the Property. G. Severability. If any provision of this Deed is determined to be invalid by a court of competent jurisdiction, the remainder of this Easement shall not be affected thereby. H. Recordation. Upon execution by the parties, this Deed shall be recorded with the record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia. I. Authority to convey easement The Grantor covenants that it is vested with good title to the Property and may convey the Easement. 4 J. Authority to accept easement. The County is authorized to accept the Easement pursuant to Virginia Code § 15.2-1800. K. Hold harmless. The Grantee shall hold the Grantor harmless to the extent provided in Virginia Code § 29.1-509(E). 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 § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. 5 GRANTOR: STANLEY MARTIN COMPANIES, LLC By: 44d Lauren G. McCarthy Charlottesville Division Presiden COMMONWEALTH Q j rV_IRGINIACITY/COUNTY OF I`tl 17LA''L The foregoing instrument was acknowledged before me thisday of FPts ley; oB620_by Lauren G. McCarthy, Charlottesville Division President, on behalf of Stanley Martin Companies, LLC, Grantor. My Commission Expires: 3 3 i 2 0-t--?-. Registration Number: -7'3-7 - -1 0 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 0 GRANTEE: L-M COMMONWEALTH OF VIRGINIA County Executive VIRGINIA CITY OF CHARLOTTESVILLE: d The foregoing instrument was acknowledged before me this n day ofnC.idD , 20 AY Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. No Public My Commission Expires: ?A Qo k'!> Registration Number: rl l53'lba Approved as to form: CHERYL L. SKEEN NOTARY PUBLIC R E G I STRAT ION M 7163762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOSE 31 23 7