HomeMy WebLinkAboutSUB202000043 Review Comments Final Plat 2020-10-30County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Bethany Velasquez (BethM@roudabush.com
From: Cameron Langille, Senior Planner II
Division: Planning
Date: April 7, 2020
First Revision: September 22,2020
Second Revision: October 30, 2020
Subject: SUB202000043 Brookhill Block 8B — Two -Lot Division and Easement Plat
Fax 434-972-4126
The County of Albemarle Planning Division will grant or recommend approval of the plat referenced above once
the following comments have been addressed: [Each comment is preceded by the applicable reference, which is
to the Subdivision/Zoning Ordinances unless otherwise specified.]
[General Comment] Due to the number of plats and deeds that are being recorded with the Albemarle
County Clerk's office, it is difficult to track what plats and deeds apply to each parcel. Please provide a note
for each parcel that lists all recorded instruments (plats, deeds, etc.) for TMPs 46-18, 46-18A, 46-19A1, 46-
19A2, and 46-19133. Rev. 1: Plat only needs to state recorded instruments numbers for the following TMPs:
46-18E and 46-18A. Please revise the Statement of Title for TMP 46-18E so that it states the most recent
instrument number, DB 5366 page 539. Rev. 2: Comment addressed.
a. Please be aware that there are currently four other Brookhill plats under review, SUB201900123,
SUB202000035, SUB202000038, SUB202000039. This plat will need to be updated prior to
approval to incorporate updated instrument references, acreages, etc. assuming that any of those
plats are approved and recorded first. Rev. 1: Comment rescinded.
b. Please update the Brookhill Deeds and Plats of Record so it states recorded instruments of
SUB201900138. Rev. 1: Comment rescinded.
2. [14-302 (A)(1)] Please revise the plat title so that it clearly states that this is a division creating a new open
space lot for Block 8A and is proposing new easements on TMPs 46-18 and 46-18A. Rev. 1: Comment not
addressed, plat title should state that it is creating new easements on TMPs 46-18E and 46-18A. Rev. 2:
Comment addressed.
3. [14-302 (A)(3)] Please update the Salamander Street and Archer Avenue ROW labels on Sheet V2-V8. The
DB number is incorrect, it should be DB 5274, page 376. Rev. 1: Comment addressed.
4. 114-302 (A)(4)] Please list the recorded instrument number for deed of dedication for the Polo Grounds
Road 30' buffer in the easement label on all applicable Sheets. This DOD was recorded in DB 5121, pg.
689. Rev. 1: Comment addressed.
5. [14-302 (A)(15)] Per Note 13 on Sheet VI, HOA covenants have been recorded in DB 5259, page 669.
However, County staff had not reviewed/approved this master declaration of HOA covenants. Staff have
previously informed the developer that an overall set of HOA covenants needs to be reviewed and approved
by the County that complies with all requirements in the County Zoning and Subdivision Ordinances, the
ZMA201500007 Code of Development (COD), and the proffers of ZMA201800011. Rev. 1: Per applicant's
comment response letter, a separate set of HOA covenants are being drafted for TMP 46-18E and the new
open space lot. Please provide documentation that new covenants will ensure that the open space and buffer
areas within the new open space parcel will be maintained in accordance with all applicable provisions set
forth in the Brookhill Code of Development from ZMA201500007. Rev. 2: Per applicant comment
response letter, HOA covenants are still bein¢ drafted and will be forwarded when ready.
a. The covenants must address ownership and maintenance of private greenspace and amenity areas
(Section 2.4 of the COD), architectural standards (Section 3 of the COD), landscaping standards
(Section 3.2 of the COD), and streetscape treatments (Section 3.3 of the COD). Rev. 1: Comment
stands, see above. Rev. 2: Comment stands, see above.
b. Covenants must address ownership and maintenance of features within private easements. Rev.
1: Comment stands, see above. Rev. 2: Comment stands, see above.
c. Covenants must address ownership and maintenance of private recreational areas and facilities.
Rev. 1: Comment stands, see above. Rev. 2: Comment stands, see above.
d. Please provide section numbers from the recorded covenants that cover these specific items. If
the recorded covenants do not address any of the items specified in these comments, they may
need to be revised or an addendum added. Rev. 1: Comment stands, see above. Rev. 2: Comment
stands, see above.
6. [14-302 (A)(16)] Please show the limits of the State Dam Break Inundation Zone on all sheets were
applicable and state the source used to determine the limits of the DBIZ. Rev. 1: Comment addressed.
[14-302 (A)(11) and 14-302 (13)(6)] Please be aware that SUB201900123 is creating the manor house lot,
which is currently a portion of the parcel known as TMP 46-18. SUB202000038 is a boundary line
adjustment plat (BLA) that is adjusting acreage from TMP 46-18 to TMP 46-18A. Please provide
evidence (DB/PG) if those plats have been recorded.
a. Please be aware that the Albemarle County Real Estate office may assign new TMP numbers
for the manor house lot (SUB201900123) and the residue of TMP 46-18 once the plat is
recorded. The new TMPs may need to updated on this plat prior to approval. Rev. 1: Comment
not fully addressed. The parcel number stated in the labels for the manor house lot are incorrect
on some drawings. For example, on Sheet V6 the label states "Manor House Lot Portion of
TMP 46-18." Revise all drawing_ s so that the manor house lot is identified as TMP 46-19EL
Rev. 2: Comment addressed.
b. Assuming both SLIB201900123 and SLIB202000038 are approved and recorded prior to
approval of this plat, all sheets should be revised to show the new property lines, acreages,
parcel numbers, and recorded instrument DB and page numbers in labels across all applicable
sheets. Rev. 1: Comment not fully addressed, please revise the TMP labels for TMPs 46-18E
and 46-18E1 so that they state the most recent instrument number, DB 5366 pages 539. Rev. 2:
Comment addressed. T
8. 114-302 (13)(1)] Please add a date of last revision to each sheet. Rev. 1: Comment stands. Rev. 2: Comment
addressed.
9. 114-302 (13)(5)] Please revise note 6 on Sheet VI so that it states which overlay districts apply specifically
to the residue of TMP 46-18 ("Parcel A"), 46-18A, and the new open space parcel. Staff asks the applicant
to verify this information, but according to Albemarle County GIS, each parcel will contain the following:
a. Portions of the new open space parcel will be in the Managed and Preserved Steep Slopes, and it
will be in the EC Entrance Corridor and AIA Airport Impact Area Overlay Districts. Rev. 1: State
the source used to determine what overlay districts apply to the property. Rev. 2: Comment
addressed.
Per Section 18-30.6.2 (bb)(1) and 18-30.6.2 (d), the Entrance Corridor Overlay district applies to
all properties that were contiguous with U.S. Route 29 on October 3, 1990. The new open space
parcel was originally part of a 42 acre parcel previously known as TMP 46-18 that was conti uous
with Route 29 on October 3, 1990. Therefore, the EC Overlay District still applies. Please revise
the note on Sheet VI accordingly. Rev. 2: Comment addressed.
b. Portions of the residue of TMP 46-18 appear to contain Managed Steep Slopes, and are in the EC
Entrance Corridor and AIA Airport Impact Area Overlay districts. Rev. 1: Revise the note so that
it states "the residue of TMP 46-18E (New Lot A) lie within..." Remove the language stating
"appears to be" and state the source used to determine what overlay districts apply to the property.
Rev. 2: Comment addressed.
Per Section 18-30.6.2 (bb)(1) and 18-30.6.2 (d), the Entrance Corridor Overlay district applies to
all properties that were contiguous with U.S. Route 29 on October 3, 1990. The residue of TMP
46-18E (New Lot A,) was originally part of a 42 acre parcel previously known as TMP 46-18 that
was contiguous with Route 29 on October 3, 1990. Therefore. the EC Overlay District still
applies. Please revise the note on Sheet V 1 accordingly. Rev. 2: Comment addressed.
c. Portions of TMP 46-18A appears to be in both the Managed and Preserved Steep Slopes, FH
Flood Hazard Overlay, EC Entrance Corridor, and AIA Airport Impact Area Overlay Districts.
Rev. 1: Remove the language stating "appears to be" and state the source used to determine what
overlay districts apply to the property. Rev. 2: Comment addressed.
10. [14-302 (B)(8)] Remove the building heights note on Sheet VI. Rev. 1: Comment addressed.
11. [14-303 (A)] The Statement of Consent to Division for TMPs 46-18 and 46-18A should clearly state the
types of new easements proposed. Please make it clear that TMP 46-18A is not being subdivided, just new
easements platted. Rev. 1: Comment not fully addressed. State easement types in the statement of consent
to division for TMP 46-18E. Rev. 2: Comment addressed.
12. [14-303 (D)] Per the label on Sheet V2, Parcel X is 0.145 acres that are being dedicated to public use.
However, the Area Summary on Sheet V 1 states that 0.150 acres is being dedicated. Per plat recorded in
DB 5121, pages 644-676, 0.150 acres was reserved for dedication to public use. Please verify the acreage
being dedicated, and either revise the Area Summary or the labels as necessary. Rev. 1: Comment not
fully addressed. There is an error in the acreage calculation of the residue of TMP 46-18E. It currently
states that the residue is 0.00 acres. Rev. 2: Comment addressed.
13. [General Comment] New easements that will be public will require deeds for review and approval. See
Engineering comments for more information and deed of easement templates. Rev. 1: See attached deed
templates provided by Engineering. Submit draft deeds with next plat submittal for review by
Engineering and the County Attorney's office. Rev. 2: Comment stands. see Engineering comments.
New Comments First Revision
14. 114-302 (A)(9)] Please revise note #8 on Sheet V L It should state that the new open space parcel is
hereby established as open space and does not contain a building site. Rev. 2: Comment addressed.
15. [14-302 (B)(6)] Revise the parcel labels for Lot A across all applicable drawings so that it states "Lot A
Residue of TMP 46-18E." Rev. 2: Comment addressed.
Please contact Cameron Langille in the Planning Division by using blanig lle&albemarle.org or 434-296-5832
ext.3432 for further information.
Comments from Other Reviewers:
Albemarle County Engineering Services (Engineer) — Emily Cox, ecox@albemarle.org — Requested
changes, see attached.
Albemarle County Service Authority (ACSA) — Richard Nelson, melson@serviceauthority.org — No
objection, see attached.
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County of Albemarle
Department of Community Development
Memorandum
To:
Cameron Langille
From:
Emily Cox
Date:
07 April 2020
Rev. 1:
11 Sept. 2020
Rev. 2:
09 Oct. 2020
Subject:
Brookhill Block 8B Subdivision and Easement Plat (SUB202000043)
The above referenced plat has been reviewed by Engineering. The following comments will need to be
addressed before approval:
1. Public storm drain easements and SWM facility easements need associated deeds. Rev.
1: Please provide the deeds for review or notify the county if you would like us to
draft them. Templates were sent with the last submission, but are also attached
here. Rev. 2: The County has drafted the deeds and they are under review with the
County Attorney's office. Once they are approved, we will send copies for you to
return with the final plat for signatures.
2. [Sheet V2] Note states that SWM facility easement will be vacated upon relocation.
Please note that this will need another plat to officially vacate the easement once the
facility is moved. Rev. 1: Comment acknowledged.
3. [Cover sheet] Note 4 states that there is a flood hazard zone shown on parcel 46-18A on
Sheet V2, however, it is not evident on Sheet V2. Please clarify. Rev. 1: Comment
addressed.
Review Comments for SUB202000043 Final Plat
Project Name: Brookhill Blk SB - Sub & Easement - Final
Date Completed: Wednesday, October 14, 2020 Department/DivisiordAgency: Review Status:
Reviewer: Richard Nelson ACSA No Objection
Pager County of Albemarle Printed On: 10/15/2020
This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 04600-00-00-018E0
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 EASEMENT
THIS DEED OF DEDICATION AND EASEMENT, dated this _ day of
2020, is by and between STANLEY MARTIN COMPANIES, LLC, 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 "20' Public Storm Easement (Calls To
Baseline)" and "20' and Variable Width Public Storm Easement (Calls To Baseline)"
(collectively hereinafter, the "Easement"), shown on the plat of Roudabush, Gale & Assoc.,
Inc., dated March 3, 2020, last revised , entitled "Subdivision and Easement Plat
Creating Open Space Parcel and Easements on TMP 46-18E and Sanitary Sewer Easement
on TMP 46-18A for Brookhill Block 813" (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 Rivanna Magisterial District of the County of Albemarle, Virginia,
designated as "TMP 46-18E" (hereinafter, the "Property") on a plat by Roudabush, Gale &
Associates, Inc., dated February 26, 2020, last revised June 15, 2020, and recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5349, pages 402-412,
also being a portion of the same property conveyed to the Grantor herein by deed of Charles R.
Haugh & Douglas B. Oglesby, as Co -Trustees of the Ernest J. Oglesby Trust U/A Dated October
21 1970, and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, A/K/A Elizabeth B.
Oglesby, recorded in said Clerk's Office in Deed Book 5366, page 534; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the
Easement 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 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
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.
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
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
2
provide adequate and fully functioning 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.
7. Temporary 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 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 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.
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
9
GRANTOR: STANLEY MARTIN COMPANIES, LLC
BY:
Lauren G. McCarthy
Charlottesville Division President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
by Lauren G. McCarthy, Charlottesville Division President, on behalf of Stanley Martin
Companies, LLC, Grantor.
Notary Public
My Commission Expires:
Registration number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
COUNTY OF ALBEMARLE, VIRGINIA
By:
Jeffrey B. Richardson
County Executive
The foregoing instrument was acknowledged before me this _ day of
by Jeffrey B. Richardson, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
Notary Public
My Commission Expires:
Registration number:
Approved as to form:
County Attorney Date
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number:04600-00-00-018E0
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 _ day of 2020, is by and between
STANLEY MARTIN COMPANIES, LLC, 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 "Variable Width SWM Facility
Easement" (hereinafter, the "Easement") on the plat of Roudabush, Gale & Assoc., Inc.,
dated March 3, 2020, last revised entitled "Subdivision and Easement Plat
Creating Open Space Parcel and Easements on TMP 46-18E and Sanitary Sewer
Easement on TMP 46-18A for Brookhill Block 811" (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 Rivanna Magisterial District of the County of Albemarle, Virginia,
designated as "TMP 46-18E" (hereinafter, the "Property") on a plat by Roudabush, Gale &
Associates, Inc., dated February 26, 2020, last revised June 15, 2020, and recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5349, pages
402-412, also being a portion of the same property conveyed to the Grantor herein by deed of
Charles R. Haugh & Douglas B. Oglesby, as Co -Trustees of the Ernest J. Oglesby Trust U/A
Dated October 21 1970, and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, A/K/A
Elizabeth B. Oglesby, recorded in said Clerk's Office in Deed Book 5366, page534; and
WHEREAS, the Grantor's predecessor -in -title and the Board of Supervisors of Albemarle
County, Virginia entered into an agreement entitled "Agreement to Maintain Stormwater
Management Facilities and Other Techniques" (hereinafter, the "Maintenance Agreement"),
Version: 0523/19
recorded in the Clerk's Office in Deed Book 5110, page 279, in which the Owner agreed to
construct and maintain on -site stormwater management/BMP facilities; and
WHEREAS, the Maintenance Agreement provides in part that the Owner 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 Owner, 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 management/BMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee may assign this Easement as its interests may
require.
2
Version: 0523/19
5. Binding effect. 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 Easements, the Easements 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: 0523/19
WITNESS the following signatures.
STANLEY MARTIN COMPANIES, LLC
Lauren G. McCarthy
Charlottesville Division President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2020 by Lauren G. McCarthy, Charlottesville Division President, on behalf of Stanley Martin
Companies, LLC, Grantor.
Notary Public
My Commission Expires:
Registration number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version: 0523/19
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
The foregoing instrument was acknowledged before me this _ day of
by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
Notary Public
My Commission Expires:
Registration number:
Approved as to Form:
County Attorney Date
Version: 0523/19