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Home My WebLink AboutSUB201700200 Other 2018-03-23 (2)�°fA�N�; Official Receipt 8, uiu Albemarle Circuit Court Jon R. Zug r�`kans�r'' 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: WILLIAMS MULLEN Cashier: EMJ Instrument Type: DE Receipt # : 2018-022146 Instrument # : 201800002915 Date : 03/23/2018 02:57pm Book/Page : 05025 / 0763-00775 Pages: 13 Document : 1 of 1 1st Grantor: RIVANNA INVESTMENT HOLDINGS LLC Ex: N 1st Grantee : COUNTY OF ALBEMARLE VIRGINIA Ex: N Description: SEE INSTRUMENT. Consideration: 0.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y Item # Description City Unit Cost Extended 039 Tax Grantee/State 1 0.00 0.00 213 Tax Grantee/Local 1 0.00 0.00 035 VOF 1 1.00 1.00 301 Clerk 1-10 Pages 1 14.50 14.50 145 VSLA 1 1.50 1.50 106 TTF 1 5.00 5.00 Document 1 22.00 Grand Total 22.00 Check 552874 -22.00 Balance 0.00 Customer Copy This document was prepared by: Williams Mullen 321 E. Main Street Suite 400 Charlottesville, Virginia 22902 Albemarle County Tax Map Parcel Nos.: 093A1-00-00-00400, 093A1-00-00-00300, 08000-00-00-04600, 08000-00- 00-046C0,08000-00-00-046A0,08000-00-00-05200,08000-00-00-055A0,08000-00-00-05000,08000-00-00- 046E0, 08000-00-00-046D0, 08000-00-00-05100, 08000-00-00-052A0, and 07900-00-00-025AO This deed is exempt from taxation under Virginia Code § 58.1-81 l(A)(3). DEED OF DEDICATION AND EASEMENT (for Stormwater Management Facilities and Drainage) ,� THIS DEED OF DEDICATION AND EASEMENT is made as of this r� day of ycl^ , 2018 by and between RIVANNA INVESTMENT HOLDINGS LLC, a Delaware limited liability company ("Rivanna" ), to be indexed as Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), to be indexed as Grantee. WITNESS: WHEREAS, Rivanna is the owner of that certain real property (hereinafter, the "Property") located in Albemarle County, Virginia, more particularly described as follows: ALL that certain piece or parcel of land lying and being in Scottsville Magisterial District of Albemarle County, Virginia, shown on plat of survey made by Roudabush, Gale & Associates, Inc., dated June 19, 2013, titled `Boundary Plat of the Rivanna Village Towncenter Consisting of Tax Map 79, Parcel 25A, Tax Map 80, Parcels 46, 46A, 46C, 46D, 46E, 50, 51, 52, 52A, 55A, Tax Map 93A1, Parcels 3 and 4, totaling 90.60 acres, more or less, Scottsville Magisterial District, Albemarle County, Virginia." BEING the same property conveyed to Rivanna Investment Holdings LLC by special warranty deed, from Rivanna Village LLC, a Virginia limited liability company, dated as of October 21, 2016, recorded in the land records of the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4837, at page 148; and WHEREAS, the Property is also shown and designated as Parcels A through M on Sheet 2 of 10 of that certain subdivision plat prepared by Roudabush, Gale & Associates, Inc. entitled "Subdivision Plat, Phase I, Block A, Town Villas, Rivanna Village, Scottsville District, Albemarle County, Virginia," dated November 14, 2017, which said plat was recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page _ (the "Plat"); and WHEREAS, for the purposes of redevelopment of the Property, Rivanna desires to construct and install stormwater management facilities across portions of the Property, to be dedicated to the County; and WHEREAS, such completed stormwater management facilities are to be located within the areas shown and designated as "SAE 20," "STE 20" and "SWMF VAR" on Sheet 9 of 10 of the Plat (the "Stormwater Easement Areas"); and WHEREAS, Rivanna and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities and Other Techniques," dated March 20, 2017, and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 4893, page 326 (hereinafter, the "Maintenance Agreement'), in which Rivanna has agreed to construct and maintain stormwater management/BMP facilities, and WHEREAS, such stormwater management/BMP facilities referenced in the Maintenance Agreement shall also expressly include any such drainage pipes, as applicable, to be located within the Stormwater Easement Areas; and WHEREAS, the Maintenance Agreement also provides in part that Rivanna 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 reasonably and professionally necessary; and the Maintenance Agreement also provides in part that, in the event Rivanna, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good condition acceptable to the County, the County may enter upon the Property and take whatever steps reasonably and professionally necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies. 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, Rivanna does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the County, its successors and assigns, a perpetual easement over the Stormwater Easement Areas (the "Stormwater Easement"). Reference is made to the Plat for the exact location and dimensions of the Stormwater Easement Areas as they cross the Property. The Stormwater Easement shall be subject to the following: 1. Right of ing[ess and egress. The County and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts to which Rivanna and the County have agreed it mayperform under the Maintenance Agreement. 2. Ownership of the facilities. The stormwater management/BMP facilities required to be constructed and maintained by Rivanna under the Maintenance Agreement shall be and remain the property of Rivanna. This Deed of Dedication and Easement shall not beconstrued to be an assumption of ownership or control by the County over the stormwater management/ BMP facilities subject to the Maintenance Agreement. 3. No obligation on County to inspect or maintain. This Deed of Dedication and Easement shall not be construed as imposing an obligation on the County to repair or otherwise maintain the stormwater management/BMP facilities subject to the MaintenanceAgreement. 4. County's right to assign. The County shall have the right to assign this Stormwater Easement as its interests may require. 5. Binding effect. The Stormwater Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon Rivanna, the County, and their successors and assigns. All references herein to "Rivanna" and the "County" include their respective successors and assigns. All references to the "County," when exercising any right or obligation herein, includes the County's officers, employees and agents. 6. Termination of Easement. If Rivanna, or its successors or assigns, desires to alter or vacate a portion or all of the Stormwater Easement, the Stormwater Easement Areas may be adjusted accordingly if the County Engineer certifies in writing that the proposed modifications meet 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, Rivanna 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 Stormwater Easement, any residue of the Stormwater 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 Rivanna, in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia upon approval of the County Attorney. The County, 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. [SIGNATURE PAGES IMMEDIATELY FOLLOW] 35536974_1 WITNESS the following duly authorized signatures and seals. RIVANNA INVESTMENT HOLDINGS LLC, a Delaware limited liability company By: Limehouse Street LLC, a Delaware limited liability company, its Sole Member By: Wharf Street LLC, a Delaware limited liability company, its Majority Member M. Authorized Person SuVlw An i I v1 A COMMONWEALTH OF VI CITY/COUNTY OF Q to -wit: The foregoing instrument was acknowledged before me thisP2 day of C1 YC0 2018 by Todd Kuhl, as Authorized Person of Wharf Street LLC, a Delaware limited liability company, a Majority Member of Limehouse Street LLC, a Delaware limited liability company, the Sole Member of RIVANNA INVESTMENT HOLDINGS LLC, a Delaware limited liability company, on behalf of such corr pan . SARAH DAVIS My commission expires: NO101y Pub°cstate of sown Carolina CAFAFAISGIOR sp'; f September 11. 2022 Notary Public Notary Registration No.: [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 355369741 OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/C-AI+FTY OF Nar/0Ht-slli (le-, to wit: nd NN11 The foregoing instrument was acknowledged before me this day of ma rch 2018 by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of the County of Albemarle, Virginia, Grantee. a _t) ��\\G�N1111111 Notary Public p ; My Commission Expires(— �o o�Dv2 Registration number: ?,! 3 9 `1�`1� Approved as to form: unty Attorney 35536974_1 '�:' NpTAgy •;v •i� 1 M T, PUBUG i �p k2F39.•' ��