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Home My WebLink AboutSUB201900170 Deed of Dedication and Easement 2020-11-30202000013390 PG 001 BK 05395 PG 0507 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§17.1-223,-227.1,-249 FORM A — COVER SHEET CONTENT Instrument Date: 9124/2020......................................... Instrument Type: -DCO............ Number of Parcels:.............. Number of Pages: ....... 0 ....... [ ] City M County . ALBEMARLE.000RT,. CIRCUITCOURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [ ] Grantee: .................................. Business/Name ....... X Grantor: NEW BELVEDERE INC ........................................ 2...... X Grantor.. BELVEDERE LAND HOLDINGS, LLC ................. ........... ......._I. ..... X Grantee: ALBEMARLE COUNTY SERVICE AUTHORITY ............................................................................... Grantee: ............................... . ............................... ............................ (Ann Above Reserved For Deed Slaofp Only) Grantee Address Name: ALBEMARLE COUNTY SERVICE_AUTHORITY Address:.J,68..... SPOTNAP RP City: CHARLOTTESVILLE........................................ State:.... VA... Zip Code:2291.1 ........................ Consideration:I0.00....................... Existing Debt: .S0.00........................... Actual Value/Assumed:1A.0.0 .......................... PRIOR INSTRUMENT UNDER § 58.1-803 (D): Original Principal:.$Q•00...... _................. Fair Market Value Increase: .$P0............................ Original Book Not:. ................................ Original Page No.:........................................ Original Instrument No.:............................................ Prior Recording At: [ ]city N County ALBEMARLE.......................................... Percentage In This Jurisdiction: A_00%...... Book Number:_05770,,,,,,,, Page Number:.06�r. Instrument Number:201900005122 Parcel Identification Number/Tax Map Number. _067.00-00 00-61,000 ........................................................................................... Short Property Description: 20.' ACSA SANITARY_SEWER ,„EAS EMENT _._.................................................................................................................. 20' ACSA WATER EASEMENT ............................................................................................................................................................................................................... Current Property Address: _BELVEDERE, PHASE IIB ................................................................... .............................................................................................. City: CHARLOTTESVILLE .................... State:...V!4..... Zip Code: 22901................................ Instrument Prepared By: GARRETTM;,SMITH,,,,,,,,,,,,,,,,,,,,,,, Recording Paid By: NEW_BELVEDEREt„INC.,.,,,,._,,,.,.,,., ..... . RecordingReturned To: GARRETT,M.......... NEW................................................................................................................................ Address: PO_BOX 7505..................................................................................................................................................................................._.............................. City: CHARLOTTESV[LLE................................ State: .....Vi4... Zip Code:._22906............................ FORM CCA570(MASTER, PAGE ONE OF ONE )lall9 OCopyright M14 Office ofthe Execuave Sec schs y, Suprenm Court of Virginia. All rights reserved. Cover Sheet A 202000013390 PG 002 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). Prepared by: Garrett M. Smith, Esq. Va. Bar # 34162 New Belvedere, Inc. P.O. Box 7505, Charlottesville, VA 22906 Return to: Albemarle County Service Authority Albemarle County Tax Map Parcels: 06100-00-00-16000, 062A3-00-00-00100 DEED OF DEDICATION AND EASEMENT THIS DEED OF CORRECTION is made this 23rd day of September, 2020, by and between and among NEW BELVEDERE, INc., a Virginia corporation company, "First Grantor", and BELVEDERE LAND HOLDINGS, LLC, a Virginia limited liability company, "Second Grantor" (First Grantor and Second Grantor are referred to collectively as "Grantors"), and the ALBEMARLE COUNTY SERVICE AUTHORITY ("ACSA"), the "Grantee", whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESS: WHEREAS, First Grantor is the owner of that certain real property (hereinafter "TMP 61-160") located in the Rio Magisterial District of Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "TMP 61-160" shown on sheet V3 of "Plat Showing Subdivision of TMP 61-160 BELVEDERE PHASE 1113 Rio District, Albemarle County, VA," dated June 3, 2018, last revised April 9, 2019, prepared by Kristopher C. Winters, L.S., Roudabush Gale & Associates, Inc., recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5169 at p. 566 (the "Plat"). WHEREAS, Second Grantor is the owner of that certain real property (hereinafter "TMP 62A3-1") located in the Rio Magisterial District of Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "TMP 62A3-1" shown on sheet V3 of the Plat. WHEREAS, the Grantors are also the owners of those certain real properties (hereinafter the "Easement Area") located in Albemarle County, Virginia, more particularly described as follows: Those certain real properties shown and designated on Sheets V9, V10, V11 and V12 as "NEW 20' ACSA SANITARY SEWER EASEMENT" and "NEW 20' ACSA 202000013390 PG 003 WATER EASEMENT' as shown on the Plat (the "Easement Area"), to be dedicated to public use. Reference is made to the Plat for a more particular description of the Easement conveyed herein. WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement Area established for the purpose of those water and sanitary sewer improvements (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. WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey an easement over the Easement Area for public use in accordance with this Deed of Dedication and Easement. WHEREAS, a Deed of Dedication and Easement dedicating, granting and conveying the aforesaid easement over the Easement Area was recorded in Deed Book 5170 at page 645 on May 29, 2019 but inadvertently omitted the deed book and page number of the Plat, this instrument is recorded now for the purpose of correcting such omission; and 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 Grantors do hereby GRANT and CONVEY, to the Albemarle County Service Authority, its successors and assigns, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, perpetual rights -of -way and easements centered twenty (20) feet in width to construct, install, maintain, repair, replace and extend sanitary sewer lines and/or water lines, consisting of pipes and appurtenances thereto. Reference is made to the Plat for the exact location and dimensions of the Easement Area as they cross the property of the Grantors. Grantors, their successors or assigns, agrees that trees, shrubs, fences, buildings, over -hangs or other improvements or obstructions shall not be placed within the Ease-ment Area. As a part of these easements, the Albemarle County Service Authority shall have the right to enter upon the above -described Easement Area for the purpose of constructing, installing, maintaining, repairing, replacing and extending sewer lines and 202000013390 PG 004 appur-tenances thereto, and water lines and appurtenances thereto, within such easements and the right to ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend such sewer lines and such water lines. If the Albemarle County Service Authority is unable reasonably to exercise the right of ingress and egress over the right-of-way, the Authority shall have the right of ingress and egress over the property of Grantors adjacent to the right-of-way. As a further part of these easements, the First Grantee shall have the right to enter upon the above -described Easement Area owned by the Second Grantee for the purpose of constructing, installing, maintaining, repairing, replacing and extending sewer lines and appurtenances thereto, and water lines and appurtenances thereto, within such easements and the right to ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend such sewer lines and such water lines. Whenever it is necessary to excavate earth within the Easement Area, the Albemarle County Service Authority, and the First Grantee in the case of improvements on the property of Second Grantee, agree to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. The easements provided for herein shall include the right of the Grantee to cut any trees, brush and shrubbery, remove obstructions and take other similar action rea- sonably necessary to provide economical and safe water and sewer installation, op- eration and maintenance. The Grantee shall have no responsibility to the Grantors, their successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. The facilities construct ed within the permanent Easement Area shall be the property of the Albemarle County Service Authority, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the Easement Area as is consistent with the purposes expressed herein. Provided, however, that it is expressly understood and agreed that the Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until such 202000013390 PG 005 time as the same shall have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Grantee. WITNESS the following signatures and seals. GRANTOR: NEW BELVEDERE, INC., a Virginia corporation i Steven C. Krohn, Executive Vice President COMMONWEALTH OF VIRGINIA COUNTY/CITY OF I The foregoing instrument was acknowledged b ore m i d y of 1, 2020 by Steven C. Krohn, Executive Vice Presideq/oif j�I w�el • , Inc. My Commission Expires: Registration number:z CARRIE K KIMBROUGH NOTARY PUBLIC REGISTRATION N 7562867 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30. 2021 202000013390 PG 006 GRANTOR: BELVEDERE LAND HOLDINGS, LLC, a Virginia limited liability company By: Steven C. Krohn Manager, Executive Vice President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before 2020 by Steven C. Krohn, Manager Executive Vice P id LLC, Grantor. CARRIE K KIMBROUGH NOTARY PUBLIC REGISTRATION 17562867 COMMONWEALTH OF VIRGINIA otary Public MY COMMISSION EXPIRES JUNE 30, 2021 /'A . . Registration Number:/�cJ this Jdayof:3-A-A& �_ elvedere Land Holdings, 202000013390 PG 007 GRANTEE: Fofflillll COI�lMONWEALTH F/VIRGINIA CCOUNTY ITY C 12 11M-t 14 -, to wit: COUNTY SERVICE AUTHORITY W The foregoing instrument was acknowledged before me this,21-- day of 2020, by Gary O'Connell, Executive Director of Albemarle County S rvice Authority. �) I Notary Public � My Commission Expires: 3 711 % p y— l= Registration number: ^I ?� :3 -7 alf 202000013390 PG 008 INSTRUMENT # 202000013390 E-RECORDED IN THE CLERK'S OFFICE OF ALBEMARLE ON SEPTEMBER 25, 2020 AT 03:43PM JON R. ZUG, CLERK RECORDED BY: MEB