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Home My WebLink AboutSUB201900150 Easements 2020-10-23202000015056.001 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A - COVER SHEET CONTENT Instrument Date: „10/5/2020 ................................................ Instrument Type: _PE.-PL Number of Parcels:......?....... Number of Pages:...... 9........ [ ] City [X] County .ALBENARLe........ __..... ........................... CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [ ] Grantee: Business/Name RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Oct 23, 2020 AT 03:24 pm BOOK 05412 START PAGE 0637 END PAGE 0647 INST # 202000015056 TOTAL NUM PAGES 0011 MEB (Area Above Reserved For Deed Stamp Only) 1...... X Grantor: OCT .STONEFIELD PROPERTY OWNER LLC .......................................................................................................................................................................................................... Grantor: ................................................................................................................................................................................................................................... 1...... X Grantee: CO[INTY OF ALBEMARLE, VZRGINIA .................................................................................................................................................................................................................. ........ Grantee: .................................................................................................................................................................................................................................. Original Book No.: Original Page No.: Original Instrument No.: Prior Recording At: [ ]City [ ]County Percentage In This Jurisdiction: ,...one ................................................................................ Book Number: ............................ Page Number:......................... Instrument Number:.............................:............ Parcel Identification Number/Tax Map Number: ,?6IWo-03-00-019Ao ...................................................................................................... Short Property Description: Current Property Address City: C L.OTTESVILLE................................................. State: ....... VA.... Zip Code:..22902 FORM CC-1570(MASTER, PAGE ONE OF ONE )lon9 - Cover Sheet 0 Copyright 2014 Office of the Executive Seeretuy, Supreme Court of Virginia. All rights reserved. 202000015056.002 This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers: 061 WO-03-00-019AO This deed is exempt from taxation under Virginia Code t 58.1-81 I(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 a �day of Oc �'o17-Lr 2020, is by and between OCT STONEFIELD PROPERTY OWNER LLC, a Delaware limited liability company, 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 "New Stormwater ManagementBMP Easement to Access, Inspect, and to Maintain this proposed Relocated Filterra beginning at point of beginning located S 74° 54' 46" W 59.66' from a drill hole found. Thence from POB S47° W 8', thence N43' W 10', Thence, N47' E 8', thence S43' E 10' to point of beginning" (hereinafter, the "Easement") on the plat of W W Associates, dated August 16, 2019, last revised September 15, 2020, entitled "Plat Showing Division & Easements of Stonefield Parcel 1 (Block D-1) OCT Stonefield Property Owner LLC," (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 Jack Jouen Magisterial District of the County of Albemarle, Virginia, designated as TMP 61 W-3-19A (hereinafter, the "Property") on a plat by W W Associates, dated July 15, 2011, last revised November 10, 2011 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4135, page 215, also being the same property conveyed to the Grantor herein by deed of sale, recorded in said Clerk's Office in Deed Book 4857, page 503; and WHEREAS, the Owner 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 Version: 0523/19 202000015056.003 Office in Deed Book 4062, page 632, 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. Version: 0523/19 202000015056.004 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 Easement, the Easement 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: 05/23/19 202000015056.005 WITNESS the following signatures. OCT STONEFIELD PROPERTY OWNER LLC By: OCT Stonefield REIT LLC, Its Sole Member By: OCT Stonefield Member LLC, Its Manager By: OCT Stonefield Holdings LLC, Its Managing Member By: , < William O'Connor, President STATE OF: NJ CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of CCXty& -( , 20 00 by William 0' Connor, President, on behalf of OCT Stonefield Holdings LLC, Managing Member of OCT Stonefield Member LLC, Manager of OCT Stonefield REIT LLC, Sole Member of OCT Stonefield Property Owner LLC, Grantor. My Commission Expires: M - oi, -,2G'23 Registration number: QILQ62'i�63L4} BRONA MARY CREHAN Notary Public, State of New York No. 01CR6396347 Qualified in Westchester County Commission Exp. 08-19-2023 Notary Public SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 05/23/19 202000015056.006 GRANTEE: COUNTY LBEMARLE, VIRGINIA By: C /Z — e ey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY'C OF C1IA2W �ESLrtU F: The foregoing instrument was acknowledged before me this aar—rjday of 01(-64 4j , )D W by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. �YI 0 j I A_x L. _L_k n a L_t_ NotAry Public My Commission Expires:O�� CHERYL L. SKEEN Registration number: P REGISTRATION MB1I63762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31 2023 Approved as to Form: QCL 1 i OC 4w 'Zo v County Attorney Date Version: 0523/19 202000015056.011 INSTRUMENT 9 1 RECORDED ALBEMARLE CO CIRCUIT COURT C6 Oct 23, 2020 AT 03:24 pm CLERICS OFFICE JON R. ZUG, CLERK by MEB BOOK 05412 PAGE 0637 - 00647