HomeMy WebLinkAboutSUB202000111 Easements 2020-11-04Official Receipt
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Albemarle Circuit Court
.�
Jon R. Zug
y��ecicnP�
501 E. Jefferson St
Charlottesville, VA 22902
(434) 972-4083
Receipt For: ROYER CARAMANIS PLC
Cashier: MEB
Instrument Type:
DE
Receipt # :
2020-067947
Instrument #
: 202000015826
Date :
11/05/2020 12:25pm
Book/Page
: 05420 / 0565-00576 Pages: 12
# Plat Pages:
2
Document:
1 of 1
1st Grantor
: STANLEY MARTIN COMPANIES LLC
Ex:
N
1st Grantee
: COUNTY OF ALBEMARLE
Ex-
N
Description:
CHESTERFIELD LANDING
Consideration:
0.00 Assumed Value: 0.00
Pct :
100.00%
1stCity:
Y
Item #
Description
Qty
Unit Cost
Extended
039
Tax Grantee/State
1
0.00
0.00
213
Tax Grantee/Local
1
0.00
0.00
035
VOF
1
3.00
3.00
301
Clerk 1-10 Pages
1
14.50
14.50
145
VSLA
1
3.50
3.50
106
TTF
1
5.00
5.00
301
Clerk Fee
2
13.50
27.00
145
VSLA
2
3.50
7.00
106
TTF
2
5.00
10.00
035
VOF
1
3.00
3.00
Document 1
73.00
Grand Total
73.00
Check 1891
-73.00
Balance
0.00
Customer Copy
This document was prepared by: (p- (DPW
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia22902
Parcel ID Numbers 056MO-00-00-00000, 056MO-00-00-000EO and 056MO-00-00-000GO
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from and from the Circuit Court
Clerk's fees under Virginia Code § 17.1-266.
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this %y of
06-6\ur 2020 by and among STANLEY MARTIN COMPANIES, LLC, a Maryland
limited liability company (the "Grantor"), CHESTERFIELD LANDING HOMEOWNERS
ASSOCIATION, INC., a Virginia nonstock corporation (the "Additional Grantor"), and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia (the "Grantee").
WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
WHEREAS, the Grantor desires to dedicate, grant and convey to the Grantee, and
Grantee is willing to accept, an easement over the Property for the purpose of allowing the
Grantee to establish and maintain a public access trail and greenway, including authorized
improvements (collectively, the "Greenway"), subject to the terms and conditions stated in this
Deed.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which
is hereby acknowledged, the Grantor hereby dedicates, grants, conveys, covenants and agrees as
follows:
1. DEDICATION, GRANT AND CONVEYANCE OF EASEMENT. For and in
consideration of ONE DOLLAR ($1.00), cash in hand paid, the Grantor hereby DEDICATES,
GRANTS and CONVEYS to the Grantee and its successors and assigns (hereafter, all references
to the Grantee include its successors and assigns), with GENERAL WARRANTY AND
ENGLISH COVENANTS OF TITLE, a public access trail and greenway easement over the
property described below, restricting in perpetuity the use of the Easement in the manner set
forth herein:
All that certain land shown as "New 20' Trail Easement" and "New Variable Width
Trail Easement" on that certain plat titled "Plat Showing New Trail Easement in
Chesterfield Landing Subdivision, Phases 1 & H White Hall District, Albemarle
County, Virginia," prepared by Roudabush, Gale & Associates, dated May 27,
2020, and last revised October 6, 2020, attached hereto and recorded herewith (the
"Easement").
The property interest conveyed herein is over a portion of those certain lots or parcels of
land acquired by SM Charlottesville, LLC, predecessor by merger to the Grantor, by a deed
recorded in the land records of the Clerk's Office of the Circuit Court of the County of
Albemarle, Virginia, in Deed Book 4968, pages 476-479.
2. PURPOSES OF THE EASEMENT. The purposes of the Easement are to establish on
the Property a segment of a countywide system of greenway trails that will link people to the
area's natural, recreational, cultural and commercial resources. As part of this system, the
Easement will serve to protect important and/or sensitive resources, provide recreational and
educational opportunities, provide an alternative transportation system, and provide an economic
benefit.
3. ESTABLISHMENT AND MAINTENANCE OF THE GREENWAY. The Grantee
shall have the right to establish and maintain at its expense a Greenway within the Easement, as
follows:
A. Public access trail. The Grantee may establish and maintain, in its sole discretion,
either Class A or Class B trails. The trails shall be available for pedestrians and bicyclists.
B. Improvements. The Grantee may establish and maintain the following
improvements within the Easement: (1) appropriate trail surfaces, foot bridges and associated
trail structures and culverts; (2) trail markers and signs along all trails and at all points of access;
(3) barriers, fences and gates to prevent motorized vehicular access into the Easement; (4)
benches for the convenience and comfort of the public; and (5) all other improvements that are
reasonable for a public access trail.
C. Ownership of improvements. All improvements within the Easement established
by the Grantee shall be and remain the property of the Grantee.
D. Right to inspect, maintain and operate the greenway. The Grantee may enter the
easement to inspect, maintain and operate the greenway as provided herein:
Right to disturb and maintain the Easement premises. The Grantee shall
have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences,
structures or other obstructions; and take other similar action reasonably necessary to establish,
maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1)
the Grantee, at its own expense, shall restore as nearly as possible, repair and replace only
ground cover disturbed, damaged or removed as a result of establishing, maintaining or operating
the Greenway to the extent the restoration or replacement is consistent with its proper
maintenance, operation, and use; and (2) after the Grantee establishes the Greenway, no trees
having a diameter at breast height of four (4) inches or greater shall be removed, destroyed or cut
within the Easement except to protect public safety, eliminate trees that are either diseased, dying
or dead, or is deemed necessary in accordance with standard arborist practices.
2. Obligation to remove trash and other debris. The Grantee shall remove
from the Easement all trash and other debris resulting from the establishment, maintenance or
operation of the Greenway.
4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASEMENT. The Grantee
shall have the right to regulate and restrict the uses and activities of the public within the
Easement, in its sole discretion.
5. MISCELLANEOUS PROVISIONS.
A. Easement runs with the land. The Easement shall run with the land and be
binding upon the parties, their successors, assigns, personal representatives, and heirs.
B. Exclusivity: restrictions. The Easement is an exclusive easement. Neither the
Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter,
reconstruct, interfere with, disturb or otherwise change in any way the land or any improvement
located within the Easement; and further provided that such persons shall not construct or
maintain any roadway, or erect any building, fence, retaining wall or other structure within the
Easement.
C. Grantee's right to assign. The Grantee shall have the right to assign this Deed as
its interests may require. An eligible assignee shall be one that is able to perform the terms,
conditions and obligations of this Deed to assure that its purposes are fulfilled.
D. Enforcement. In addition to any remedy provided by law to enforce the terms of
this Deed, the parties shall have the following rights and obligations:
1. Action at law inadequate remedy. It is conclusively presumed that an
action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or
any attempted breach or violation, of any term of this Deed.
2. Failure to enforce does not waive right to enforce. The failure of
either Grantee to enforce any term of this Deed shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
3. No third -party right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any party hereto.
E_ Notice of proposed transfer or sale. The Grantor, its successors and assigns, shall
notify the Grantee in writing at the time of closing on any transfer or sale of the Property. In any
deed conveying all or any part of the Property, the Easement shall be referenced by deed book
and page number in the deed of conveyance and shall state that this Deed is binding upon all
successors in interest in the Property in perpetuity.
F. Relation to applicable laws. This Deed does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
G. Severability. If any provision of this Deed is determined to be invalid by a court
of competent jurisdiction, the remainder of this Easement shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
I. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey the Easement.
Authority to accept easement. The Grantee is authorized to accept the Easement
pursuant to Virginia Code § 15.2-1800.
K. Hold harmless. The Grantee shall hold the Grantor harmless as provided in
Virginia Code § 29.1-509(E).
Consent of Additional Grantor. The Additional Grantor joins in the execution of this
deed to evidence its consent to this conveyance.
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 this
conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
WITNESS the following duly -authorized signatures and seals:
GRANTOR: STANLEY MARTIN COMPANIES, LLC
By: Yfu (. —j
Title:I�M�v617 �V�` h ``y�lk,
COMMONWEALTH GINIAI
CITY/COUNTY OF � /44 G V2 4C ; to -wit,
Vhe foregoing instrument was aeknowledged before me tbis�_ d of
AOL'k, 2020 by t 4 v/ �� 67- Mc (it on behalf of
Stanley Martin Companies, LLC, Grantor.
26i�of P lie
My commission expires: I �' i Z�Zv Gregory Patrick ODonnell
NOTARY PUBLIC
Commonwealth of Virginia
Not IDNo.:-7—l-7 �i�1 bD Reg. x fires Mao
Notary My Commission Expires March 31, 2022
ADDITIONAL GRANTOR: CHESTERFIELD LANDING HOMEOWNERS
ASSOCIATION, INC.
By:
Jeremy W. Swink, President
COMMONWEALTH ��f}RVIRGIN
CITY/COUNTY OF / t I ►/�G�ILLv
T)ce foregoing instrument was acknowledged before me this ay of
p� /,pU— 2020 by Jeremy W. Swink, President, on behalf of Chesterfield
Landing Homeowners Association, Inc., Grant
Notary upli
My commission expires:
Notary ID No.:-771—1 3:7 i0 �
Gregory Patrick ODonnell
NOTARY PUBLIC
Commonwealth of Virginia
Reg. # 7773760
My Commission Expires March 31, 2022
GRANTEE:
Approved .
f1:' 1 _
., .-
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE; to -wit,
VIRGINIA
County Executive
The foregoing instrument was acknowledged before me this � day of
A304 yc_k2-?r , 2020 by Jeffrey B. Richardson, County Executive, on behalf of the
County of Albemarle, Virginia, Grantee.
My Commission Expires: �� . 3 (� a0a3
Notary ID No.: -1155-16a
CHFRYI. L. SKEEN
'ARY PUBLIC
- ..STRATION#7153762
'.1'.1',1ONWEALTH OF VIRGINIA
COMMISSION EXPIRES
OCTOBER $1, 2023
STATEMENT OF CONSENT TO DEDICATE:
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND,
NEW TRAIL EASEMENT IN CHESTERFIELD LANDING SUBDIVISION, PHASES
I & 11, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES,
IF ANY.
STANLEY MARTIN COMPANIES, C
(AGENTIREPRESENTITIVE)
DATE
NOTARY PUBLIC
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY
ON BEHALF OF STANLEY MARTIN COMPANIES, LLC.
THA, DAY OF �1120=_
Gregory Patrick ODonnell
NOTARY PUBLIC
V� Commonwealth of Virginia
--- — -- -- Reg. a 7773760
My Commission Expires March 31, 2022
MY COMMIS ION EXPIRES:
3(-;1f ZO Z "Z--------------
TAX MAP PARCELS:
56M-C, 56M-E AND 56M-G
OWNER:
STANLEY MARTIN COMPANIES, LLC
11710 PLAZA AMERICA DRIVE, SUITE 1100
RESTON, VIRGINIA 20190
SOURCE OF TITLE:
DB 5226 PG 309 (COMPANY MERGER ALL PARCELS)
FOR TMP 56M-E & 56M-G ONLY
PG 5040 PG 389 (SUBD)
DB 4968 PG 476 (TITLE)
FOR TMP 56M-C ONLY
DB 4788 PG 244 (SUED)
DB 4670 PG 346 (TITLE)
SURVEYOR'S STATEMENT
I HEREBY CERITY THAT TO THE BEST OF MY KNOWLEDGE AND
BELIEF, ALL REQUIREMENTS OF THE BOARD OF SUPERVISORS AND
ORDINANCES OF ALBEMARLE COUNTY, VIRGINIA REGARDING THE
PLATTING OF SUBDIVISIONS WITHIN THE COUNTY HAVE BEEN MET.
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2
BRIAN D JAMISON D
No. 3334
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SCALE: 1"= 40'
JOB: 8632
SHEET 1OF2
RT AND DOES NOT THEREFORE
EREON AND SAID PROPERTY
LICENSED ATTORNEY.
OF THE ALBEMARLE COUNTY
CORDED AT DB 4788 PG 244.
ECORDED AT PG 5040 PG 389.
PG 244 UNLESS OTHERWISE
PMED BY THIS OFFICE AS PER
AE OF THIS SURVEY, THERE
JBJECT TO NOTE 1.
'A" FOR A 100 YEAR FLOOD
' SHIMP ENGINEERING, LAST
ON FEMA NFIP COMMUNITY
:RMINATION HAS BEEN MADE
)RMED AS A PORTION OF THIS
TURFS MARKING A PLACE OF
INANCE BUFFER (AS SHOWN
NG, LAST REVISED DATED
ICE WITH THE ALBEMARLE
:STAL DISTRICT.
3LIC USE.
STATEMENT OF CONSENT TO DEDICATE:
THE PLATTING OR DEDICATION OF THE FOLLOWING DE
NEW TRAIL EASEMENT IN CHESTERFIELD LANDING SUE
I & ll, IS WITH THE FREE CONSENT AND IN ACCORD,
DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETOR,,
IF ANY.
-.k_r_ ov
STANLEY MARTIN COMPANIES, UC DA]
(AGENT/REPRESENTITIVE)
NOTARY PUBLIC
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BE
ON BEHALF OF STANLEY MARTTICOMPANIES, LLC.
THA 2� DAY OF K) bF120 Z--
REG.//__ !-7 3_IGO
MY COMMISSION EXPIRES:
?✓ �I Zo2Z
TAX MAP PARCELS:
56M-C, 56M-E AND 56M-0
OWNER:
STANLEY MARTIN COMPANIES, L
11710 PLAZA AMERICA DRIVE,
RESTON, VIRGINIA 20190
SOURCE OF TITLE:
IDS 5226 PG 309 (COMPANY N
FOR TMP 56M-E & 56M-G O�
PG 5040 PG 389 (SUED)
DB 4968 PG 476 (TITLE)
FOR TMP 56M-C ONLY
DB 4788 PG 244 (SUED)
DB 4670 PG 346 (TITLE)
SURVEYOR'S STATEMENT.'
I HEREBY CER17Y THAT TO THE BEST OF MY KN
BELIEF, ALL REQUIREMENTS OF THE BOARD OF ;
ORDINANCES OF ALBEMARLE COUNTY, VIRGINIA R
PLATTING OF SUBDIVISIONS WITHIN THE COUNTY
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VICINITYMAP
1" = 2000'
'OTES.'
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 AND SAID PROPERTY
MAY BE SUBJECT TO INFORMATION DISCLOSED ON A TITLE REPORT BY A LICENSED ATTORNEY.
ALL DEED AND PLAT REFERENCES SHOWN ARE RECORDED IN THE OFFICE OF THE ALBEMARLE COUNTY
CIRCUIT COURT CLERK, UNLESS OTHERWISE NOTED.
CHESTERFIELD LANDING, PHASE I SUBDIVISION AND EASEMENT PLAT IS RECORDED AT OB 4788 PG 244.
CHESTERFIELD LANDING, PHASE II SUBDIVISION AND EASEMENT PLAT IS RECORDED AT PG 5040 PG 389.
ALL EXISTING EASEMENTS SHOWN HEREON ARE RECORDED AT DB 4788 PG 244 UNLESS OTHERWISE
NOTED.
THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY PERFORMED BY THIS OFFICE AS PER
THE DATE OF THIS PLAT USING MONUMENTS FOUND TO EXIST AT THE TIME OF THIS SURVEY, THERE
ARE NO VISIBLE EASEMENTS OR ENCROACHMENTS EXCEPT AS SHOWN, SUBJECT TO NOTE 1.
THE AREA SHOWN HEREON APPEARS TO BE LOCATED WITHIN FLOOD ZONE A" FOR A 100 YEAR FLOOD
ZONE AS SHOWN ON PLANS FOR CHESTERFIELD LANDING SUBDIVISION BY SHIMP ENGINEERING, LAST
REVISION DATED 11712016. THE AREA SHOWN HEREON IS REPRESENTED ON FEMA NFIP COMMUNITY
MAP PANEL NO. 51003CO237D, EFFECTIVE FEBRUARY 4, 2005. THIS DETERMINATION HAS BEEN MADE
BY GRAPHIC METHODS ONLY. AN ELEVATION STUDY HAS NOT BEEN PERFORMED AS A PORTION OF THIS
PROJECT.
THESE PARCELS ARE ZONED RI (RESIDENTIAL).
THERE ARE NO KNOWN IDENTIFICATIONS OF GRAVES, OBJECTS, OR STRUCTURES MARKING A PLACE OF
HUMAN BURIAL ON THE SUBJECT PROPERTY.
THE PROPERTIES SHOWN HERON LIE WITHIN THE WATER PROTECTION ORDINANCE BUFFER (AS SHOWN
ON PLANS FOR CHESTERFIELD LANDING SUBDIVISION BY SHIMP ENGINEERING, LAST REVISED DATED
11712016), AND THE LICKINGHOLE CREEK WATER SUPPLY WATERSHED.
THE STREAM BUFFERS SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE
COUNTY WATER PROTECTION ORDINANCE.
THE PROPERTIES SHOWN HEREON 00 NOT LIE IN AN AGRICULTUP4L/FORESTAL DISTRICT.
THE NEW TRAIL EASEMENT SHOWN HEREON IS HEREBY DEDICATED TO PUBLIC USE.
PLAT PREPARED FOR STANLEY MARTIN HOMES.
APPROVED FOR RECORDATION:
�aGENT, w�stnclD VISORS- •. �-
I
P 56M—C
4 SPACE 3,
DHASE I
TMP 56N—D
OPEN SPACE D
SPARROW HILL
PROPERTY OWNERS
ASSOCIATION, INC
DB 5087 PG 713
NEW VARIABLE 1
/ WIDTH TRAIL
/ TMP 56M—G EASEMENT
SWM FOREST &
OPEN SPACE
EASEMENT,
PHASE II
IS 5 j4�'i
_S 33'17'49" E 190.24'
CENTERLINE----,,
TRAIL /,
/// FIELSTREAMTE\ \
100 LIMITFLOOD
B&PEER STREAM
NEW 20' TRAIL
EASEMENT /
4TER c /
VT S 39'18"51" E
r 43.64'
S 7E
4'30"27'" E J8.84' 38.84"
35.78' S .9 44 6' E /
/+�EX. 20' PUBLIC
SSTORM
IN WM FACILITY
DB 5040MENT PC 389 J
Po� l ¢kk J--NEIL EASEMENT / /
9 /
JG�`'�
hti
IF \ /
1
/
TMP 56M—G
SWM FOREST &
OPEN SPACE
EASEMENT,
PHASE II
1\
11
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BRIAN D JAMISON >
No. 3334
10-06-2020
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MAY27, 2020
SCALE: 1"= 60'
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SHEET2 OF
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IF IRON PIN FOUND
p A�T
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BAR
TMP 56 351
N/F PLUMMER i
FAMILY TRUST
DB 5081 PG 182 _
CENTERLINE
.8 STREAM PER /
2' COUNTY GIS / /
309
IMP 56M-G
' EX. 30' RWSA / SWA4 FOREST &
SANITARY SEWER OPEN SPACE
_ _ — — EASEMENT,
EASEMENT PHASE 11
OB 829 PG 41 — — —
11
NEW VARL
WIDTH TI,
EASEMEI
I
_S 33'1749" E 190.24
/\Z_ EX. 20' ACSA CENTERLINE —
SANITARY SEWER TRAIL EASEMENT
EASEMENT
�\ Fk EX.
CONSERVATION
\ FgyN9GF'y/Yq EASEMENT
\ SF,yF F,yT�'R
\ \ TMP 56M-C Al
OPEN SPACE 3,
PHASE 1 ^ /
\ \ \ ygrTo ccFs
NEW 20' TRAIL
EASEMENT
G EX. STORMWATER
\ �� / \ e�/T MANAGEMENT S 39'18S1 " E l /
0 5 FF \ \ EASEMENT 43.64' /
ory S 71'38'14" E
0 /
V , ry° N \ / S B\ S 34*30'27'" E 38.84' E l
ti F� h6 ^ O� O /'S /� OSR\ 35.78' 4' 17" /
S 4-941 6' —
v FAO A) aO / N 18'2757" E \ F\ 5�•L
h0 � '` �' O 24.04'(TIE) / \, �3,g\ r ;i�� �E20' F
/ F Q p� i sB•L �� ��` STORM Or,
� Q �OF O c�` � \\� � � SWM FAC
° �� "ell. F' EASEME
DB 5040 1
IF NEW 20' Tj
EASEMEA
ass.
20 °0 OO)\K?�v
ko h'h ��� yb
/ 9 �\ �o �k/ e h � ti
FAS�OgCgp CK IF a Q�F' Q �'OOpJ�J5�QO /
180 F'yFNT F q\23 1�Q�Q� 6�
EX. 20' PUBLIC t'T/ •RB' O �\ �� i /
STORM DRAIN X,
EASEMENT IF \ /
DB 5040 PG 389
\ \ TMP 56M-B
\ OPEN SPACE 2,
\ PHASE I
\ \ \ \ DB 5226 PG 309
\ f�
\
LEGEND:
IF IRON PIN FOUND
O A�T
B 41o,QTy
A�2y
TMP 56-1
N/F PLUMA
FAMILY TRL
DB 5081 PG
CENTERLINE
STREAM PER
COUNTY GIS --,....
EX. 30' RWSA
/SANITARY SEWER
EASEMENT
DB 829 PG 41 —
_ _1
\ /\ EX. 20' ACSA
I "j
\ / / SANITARY SEWER
NMF WSON
56-37 _ IF \ \ \ ! EASEMENT i
DB 5303 PG 130 \ \�\\�\
EX.
STD p0 Y \ \ �Fggs� CONSERVATION
EASEMENT J`
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O
FNFK 0 60 120 180 FASe,
EX. 20' PUBLIC
STORM DRAIN -
EASEMENT
DB 5040 PG 3&