HomeMy WebLinkAboutSUB202000152 Deed of Dedication and Easement 2020-09-23This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 076SO-02-OS-00ID0, 076SO-02-OS-00IN0, and 076SO-03-OS-00 I GO
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.
THIS DEED OF EASEMENT, dated this y of 1 02 20 aO, isby
and among STANLEY MARTIN COMPANIES, LLC, Grantor, WINTERGREEN FARM
HOMEOWNERS ASSOCIATION INC., Additional Grantor, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
"County"), Grantee.
WITNESS:
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 Association with Wintergreen Farm Subdivision, 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 a portion of those certain lots or parcels of land
situated in the Samuel Miller Magisterial District of the County of Albemarle, Virginia, designated
Ft.3
i. "Common Open Space 1" and "Common Open Space IA" on a plat by Roudabush, Gale &
Associates, Inc. titled "Subdivision Plat, Phase I, Wintergreen Farm, Samuel Miller
District Albemarle County, Virginia," dated April 21, 2016, revised May 23, 2017, and
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in
Deed Book 4917, pages 1-23, also commonly known as Albemarle County Parcel ID
numbers 076SO-02-OS-001NO and 076S0-02-OS-001D0, respectively;
ii. "Common Open Space 1G" on a plat by Roudabush, Gale & Associates, Inc. titled
"Subdivision Plat, Phase III, Wintergreen Farm, Samuel Miller District Albemarle
County, Virginia," dated August 30, 2017, revised February 13, 2018, and recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
5015, pages 486-498, also commonly known as Albemarle County Parcel ID number
076SO-03-OS-OO1GO; 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 "Geenway'), 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 shall be
available for pedestrians and bicyclists.
B. Improvements. The County may establish and maintain the following improvements
within the Easement: (1) appropriate trail surfaces, foot bridges and associated trail structures and
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.
2
C. Ownership of improvements. 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 run 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.
3
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. hi 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 Coun
11710 Plaza America Drive, Suite 1100 County Executive
Reston, VA 20190 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.
1. Authority to convey easement. The Grantor covenants that it is vested with good title to
the Property and may convey the Easement.
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).
0
L. Consent of Additional Grantor. The Additional Grantor joins in the execution of this
deed to evidence its consent to this conveyance.
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.
GRANTOR: STANLEY MARTIN COMPANIES, LLC
By: lykaly C. JIL/ 146�
Lauren G. McCarthy
Charlottesville Division President
COMMONWEALTH iVJIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this acly of !C; ,
20a1? Lauren G. McCarthy, Charlottesville Division President, on behalf of Stanley Martin
Companies, LLC, Grantor.
ry tayyou ruc _ _ _ _ _
My Commission Expires: `� ' 1 1 ? f�- 1 ° gory Patrick ODonnell
NOTARY PUBLIC
Commonwealth of Virginia
Registration Number: �� 3 �� Reg. # 7773760
My Commission Expires March 31, 2022
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
rl
ADDITIONAL GRANTOR:
COMMONWEALTH �Fjjb�IRGINIJ
CITY/COUNTY OF Gk''
WINTERGREEN FARM
HOMEOWNERS ASSOCIATION INC.
By:
J emy W. Swink, President
The foregoing instrument was acknowledged before me thisc- y dray of
72-020_by Jeremy W. Swink, President, on behalf of Wintergreen Farm Homeowners Association
Inc., Additional Grantor.
o Pu 1c
My Commission Expires: 3 I 2 t�2 Z Gregory Patrick ODonnell
` NOTARY PUBLIC
Commonwealth of Virginia
Registration Number: �� IG U Reg. # 7773760
My Commission Expires March 31, 2022
f�
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
7
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
OF ALBEMARLE, VIRGINIA
B. Richard
Executive
The foregoing instrument was acknowledged before me this2�jday ofCek�r
20_ by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
My Commission Expires: b I 23
Registration Number: r(15S71 low
Approved as to form:
Nolar—y Public
CHERYL L SKEEN
REG STORA7ION g7 753782 COMMONWEgL7H OF VIRGINIq MY COMMISSION EXPIRES
OCrOBER31 2029