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Home My WebLink AboutWPO201900028 Deed of Dedication and Easement 2019-08-20 201900009502.001 VIRGINIA LAND RECORD COVER SHEET - — - - FORM A—COVER SHEET CONTENT RECORDED IN Instrument Date: 812012019 ALBEMARLE COUNTY,VA Instrument Type: DE-PL JON R.ZUG Number of Parcels: 1 Number of Pages: 6 CLERK OF CIRCUIT COURT [ J City[XI County FILED Aug 29, 2019 ALBEMARLE AT 02:06 pm TAX EXEMPT? VIRGINIA/FEDERAL LAW BOOK 05212 [ ]Grantor: START PAGE 0672 [ JGrantee: END PAGE 0680 Consideration: $0.00 INST# 201900009502 Existing Debt: $0.00 TOTAL NUM PAGES 0009 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER§S8.1-803(D): MEB Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: Original Page Number: Original Instrument Number: Prior Recording At[ )City[ ]County Percentage In This Jurisdiction: 100% BUSINESS/NAME 1 [ ]Grantor: COMBERG,CHRISTIAN A w— - 2 [ J Grantor. COMBERG,PAMELA R 1 pQ Grantee: COUNTY OF ALBEMARLE,VIRGINIA [ J Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE,VIRGINIA Address: City: State: VA Zip Code: Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 02000-00-00-006AD Tax Map Number: 02000-00.00-006AD Short Property Description: Current Property Address: City: ALBEMARLE State: VA Zip Code: 22903 Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: ROYER CARAMANIS PLC Recording Returned To: ROYER CARAMANIS PLC Address: 200-C GARRETT ST City: CHARLOTTESVILLE State: VA Zip Code: 22902 I • Ir i t • 1 I fir•11. FORM CC-1570 Rev:7/15 Page 1 of 1 Cover Sheet A §§17.1-223,17.1.227.1,17.1-249 Copyright O 2014 Office of the Executive Secretary,Supreme Court of Virginia All rights rescrved. ZU1 )000U9OUZ.UUZ This document was prepared by: Albemarle County Attorney County of Albemarle 401 Mclntire Road Charlottesville,Virginia 22902 Parcel ID 02000-00-00-006AD 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 20 day of Auc3u4 , "2/01,is by and between CHRISTIAN A.COMBERG AND PAMELA R.COMBERG,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 VARIABLE WIDTH SWM FOREST AND OPEN SPACE EASEMENT"(hereinafter,the"Easement")on the plat of Roudabush,Gale&Associates,Inc.,dated July 9`h,2019,last revised 1cu usF l3 2ol't , entitled"FOREST AND OPEN SPACE EASEMENT PLAT TAX MAP 20 PARCEL 6AD LOT 24,PHASE 2 ADVANCED MILLS FARM SUBDIVISION,"(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 White Hall Magisterial District of the County of Albemarle,Virginia, designated as Lot 24,Phase 2,of Advance Mills Farm(hereinafter,the"Property")on a plat by Rivanna Engineering&Surveying,P.L.C.,dated January 10,2005,last revised October 13, 2005,and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 3130,page 37,acquired by the Grantor herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 5113,page 762;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 Version:05/2)n9 L01 jUUUUt 3UL.UV3 Office in Deed Book 5179,page 651,in which the Grantor has agreed to construct and maintain on-site stormwater management/BMP facilities;and 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 management/BMP 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 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:05l23n9 LU1 VU UL UZ.UU4 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(s),the Easement(s)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 Propeny 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. 3 Version:O5 23/I9 201900009502.005 WITNESS the following signatures. GRANTOR: By: Christian A.Comberg Landowner COMMONWEALTH OF VIRGINIA CITY/COUNTY OF C-'4 Q Lf7CTeS•4 v. : The foregoing instrument was acknowledged before me this day of f'‘`A G"`3v , nby Christian A.Comberg,Landowner, Notary Pu lic My Commission Expires: 5131 I202.5 Registration number: lot'-t-8"1 Rog ic 011147 Cosmwwaltl or Coatoslrbs Es - 4- SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version'0S/23/I9 ZU1 VUUUU9)U1.UUti GRANT cla R.Combe Landowner COMMONWEALTH OF VIRGINLA CITY/COUNTY OF C 4I.a42-,,o r-rtSJ►wE. : The foregoing instrument was acknowledged before me this 20day of 11.'1A-6,VST 201cl by Pamela R.Comberg.Landowner. No ry Public My Commission Expires: 5I bt ace erase r * Notary hMk RplN1N7 Registration Number: 1014$1 of 4 My C.ui.NM a Eaply _!1_ COUNTY a F ALBEMARLE,VIRGINIA By: W/ill-- Jeffrey B.Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF t1•Nnr In\-Vesk1 i lie The foregoing instrument was acknowledged before me thisetAay of , aclgby Jeffrey B.Richardson,County Executive,on behalf of the Board of Supenviso of Albemarle County,Virginia. . • MI-nary Public My Commission Expires:Of+.31, a.019 CHERYL L.SKEEN Registration Number:r115�'11a'- NOTARY PUBLIC gr REGISTRATION a 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31.2019 Ap roved as to Form: ZAjj /21/2019 County Attorney Date 5 Version:05/23/I9 • • • /Jl ® ' ' � �urre; I RteN 1 \ ,_ ‘,... ►die=a ,• / ca, - r ,.`mot / N4" :..; �/' � /` ,t ,, ,..........._N ; ' -;:siipt / 'F' • :--7 . ' ..'.'... :::. ' • ,... I ,<ayS.Ndp�tRtl ;(: r .. .. , ,•• 7- -- i • . - .. ., , i . 1 \ ---,,.,. ,...-•- .r4e • ' . '_ - i, .,. .... , ..., . e 1- k .... : • • r :eI • , r - --.1.,;r.... I 'Y -_. - 111C1N17'Y MAP SCALE: 1"=2,000 1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. 2. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY PERFORMED ON FEBRUARY 5, 2019 USING MONUMENTS FOUND TO EXIST AT THE TIME OF SURVEY. THERE ARE NO VISIBLE EASEMENTS OR ENCROACHMENTS EXCEPT AS SHOWN. 3. A PORTION OF THE AREA SHOWN HEREON IS LOCATED IN ZONE "A' AREA DETERMINED TO BE WITHIN 100 YEAR FLOOD PLAIN AS SHOWN ON FEMA MAP NO 51003C0150D, EFFECTIVE DATE FEBRUARY 4, 2005, AS SHOWN GRAPHICALLY HEREON. 4. PER ALBEMARLE COUNTY GIS THE PROPERTY LIES WITHIN THE NORTH FORK RIVANNA WATERSHED (ABOVE WATER INTAKE) AND IS WITHIN A WATER SUPPLY PROTECTION AREA, IS NOT LOCATED WITHIN THE STATE DAM BREAK INUNDATION ZONE, AND DO NOT LIE WITHIN AN AGRICULTURAL / FORESTAL DISTRICT 5. THIS PROPERTY IS ZONED RA (RURAL AREAS) AND FALLS WITHIN THE FLOOD HAZARD OVERLAY DISTRICT 6. SETBACKS PER CURRENT ZONING ORDINANCE ARE AS FOLLOWS: FRONT - 25' MIN., SIDE - 25' MIN., REAR - 35' MIN. 7. THE STREAM BUFFERS SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. B. PROPERTY SHALL BE SERVED BY PRIVATE WATER AND PRIVATE SEPTIC SERVICES. 9. THIS PLAT DOES NOT ADDRESS THE EXISTENCE, DETECTION, OR DELINEATION OF ANY ENVIRONMENTALLY SENSITIVE AREAS OR ANY ENVIRONMENTAL PROBLEMS LOCATED WITHIN THE PERIMETER OF THE PROPERTY SHOWN. 10. THE SWM FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO THE GUIDANCE SET FORTH BY DEQ IN THE VIRGINIA STORMWATER MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL, VEGETATED STATE, EXCEPT FOR ACTIVITIES AS APPROVED BY THE LOCAL PROGRAM AUTHORITY, SUCH AS FOREST MANAGEMENT, CONTROL OF INVASIVE SPECIES, REPLANTING AND REVEGETATING, PASSIVE RECREATION (E.G., TRAILS), AND LIMITED BUSH HOGGING TO MAINTAIN DESIRED VEGETATIVE COMMUNITY (BUT NO MORE THAN FOUR TIMES A YEAR). FURTHER RESTRICTIONS APPLY TO AREAS WITHIN THE WPO BUFFER. 11. OWNER OF RECORD: COMBERG, CHRISTIAN A. & PAMELA R. COMBERG. SOURCE OF TITLE: DB 5113 PG 762. PLAT: DB 3130 PG 37. STATEMENT OF CONSENT THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND KNOWN AS 02000-0O-00-OO6AD PER CURRENT COUNTY TAX MAPS IS WITH THE FREE CONSENT AND IN ACCORDANCE NTH THE DESIR NDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. / (---"Ni.. 1. / �/. CHRISTIAN A. OR PAMELA COMBERG 620 FRAYS RIDGE ROAD EARLYSVILLE VA, 22936 ,........./". COMMONWEALTH OF VIRGINIA - .Q COUNTY OF:G14r41QJ-UTTt V I L.L. TO WIT: THE FOREING INSTRUMEKT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF U' 1 201c1• .>rrarY,r,� Tl'fese S.Russell . 1, Notary Public SIGNOR; OF NOTARY PUBLIC Reg M 01487 C000,om...0th of rgjol REG. NO.: I : 4SS M.C i amc„Io=e:htR. 2(T iMY COMMISSION EXPIRES: 51-7.51`2.023 40.1'T11 Op COUNTY APPROVAL: °BRIAN D JAMISON No. 3334 i 08-13-2019 0 M N rill O G] .1, \\ ,�� J`,•a23r ` . N$3'5351"E^`6?A—!\R **.,� >226.31'';>E=t . ,' 265.09 ` �F s \ �� / t4z?p EASEMENT LINE TABLE j�� 23� ;••x Line Direction Lengthy E1 S 76'20'39' E 142.03' IF 0 Ei % .yp56/" ?0D �, 1.023.56' - hEl ( 0 R/PgR/q, 4'' 6 E2 N 82'42'52" E 240.7T E6 /" � __ , DB 24 BUFFER E3 S : : : 16104' NEW VARIABLE WID •' S2'. '.. 9E4 S 148.55' SPACE EASEMENT 100 YEAR •o,, \ E5 S 36'31'46" W 267.42' AREA=2.650 AC. FLOODPLAIN �, • obi E6 N 64'28'17" W 297.55' E7 N 87'46'23" W 285.55' 0 � 6. ES N 14'59'42" E 152.47 <V ��'"). ,r sn LOT 24 �, z 22.003 AC. ,4/ •d rv'ALOT 26 4) LOT 23 'r�ss __— — — — \� Or /,. ‘1, Cry , / LOT 22 / LOT 25 ,b, 0 IF 6), l ,, BOUNDARY CURVE TABLE / Curve Length Radius Delta Tangent Chord Chord Bearing / !+� Cl 151.66' 60.00' 144'49'38" 189.30' 114.39' S 55'06'S3" W /. / C2 32.40' 35.00' 53'02'38" 17.47' 31.26' S 09'13'23" W \S / C3 240.35' 975.00' 14'07'26' 120.78' 239.74' S 42'48'25" W IP 1�, _,. r `ti" ' Op /BBRIAN D AAMISON t 33S4 200 0 200 400 600 LEGEND No.3-2019 I arm PIM rni wn 201900009502.009 RECORD INS TRUM ENT*201900609502 ED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Aug 29,2019 AT 02 06 pm JON R.ZUG.CLERK by MEB BOOK 05212 PACE 0672 00680