HomeMy WebLinkAboutSUB201900176 Deed of Dedication and Easement 2020-11-03This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number: 04500-00-00-059MO
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 15a' day of October, 2020, is by and between
BELLA SIGNATURE HOMES, 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 "S WM Forest & Open Space
Easement, Ref. Note 10" and "SWM Facility Easement" (collectively hereinafter, the
"Easements") on the plat of Chambers -Land Surveying, dated November 7, 2019, last
revised October 14, 2020, entitled "Plat Showing Subdivision of Tax Map 45 Parcel 59M
Property of Bella Signature Homes, LLC" (hereinafter, the "Plat"), a copy of which is
recorded prior hereto. Reference is made to the Plat for a more particular description of
the easements conveyed herein.
WHEREAS, the Easements are described further as a portion of that certain lot or parcel of
land situated in the Rio Magisterial District of the County of Albemarle, Virginia, designated as
Lot 4 (hereinafter, the "Property") on a plat by R.O. Snow, dated December 31, 1975, and
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
587, page 378, also being a portion of the same property conveyed to the Grantor herein by deed
of JB Square, LLC, recorded in said Clerk's Office in Deed Book 5046, page 189; and
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities
and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's
Office in Deed Book 5235, page 755, in which the Grantor has agreed to construct and maintain
on -site stormwater management/BMP facilities; and
Version: 05/23/19
WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the stormwater managementBMP facilities whenever the County deems necessary; and
WHEREAS, the Maintenance Agreement also provides in part that, if the Grantor, its
successors and/or assigns fails to maintain the stormwater managementBMP 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
Easements 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 ENGLIS14 COVENANTS OF TITLE unto the Grantee, its
successors and assigns, the perpetual casements as shown on the Plat.
The Easements 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 managementBMP 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 managementBMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee may assign these Easements as its interests may
require.
5. Binding effect. The Easements 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
Version: 0523/19
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. hi 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 Easements, any residue of the Easements shall remain subject
to this Deed of Dedication and Easement. The termination of any portion of the Easements 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.
GRANTOR:
COMMONWEALTH OA VIRGINIA
CITY/COUNTY OF ) hC'max L2.
BELLA SIGNATURE HOMES, LLC
Luke E. Kitelinger
Manager
The foregoing instrument was acknowledged before me this cZ3 day of ' r,
aU by Luke E. Kitelinger , Manager, on behalf of Bella Signature Homes, LLC., Grantor.
My Commission Expires: ed) & l a 6.2,)
Registration number: ,--;q7 7 k 0 Y`7,jty
tary Public
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 05/23/19
GRANTEE:
M.
COMMONWEALTH OF VIRGINIA
CITY/C-9UW-Y- OF 1r ( v I '1 I If—:
County Executive
VIRGINIA
4-
The foregoing instrument was acknowledged before me thisZQ!� day of be Aicbec- ,
Eby Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
(�h0, L
NotAry Public
My Commission Expires: Cxnl. 31. ba3
CHERYL L. SKEEN
Registration number: `l j 3I�'a REGI NOTARY
P iB1IC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
Approved as to Form: OCTOBER 31, 2023
L � / io/Zt qw
County Attorney Date
version: 05/23/19