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HomeMy WebLinkAboutSUB202000111 Easements 2020-11-04Official Receipt 0 1iii� a 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. ` TH DF�c 2 BRIAN D JAMISON D No. 3334 �(10-06-2020 U m r Q� m Q� IL � --I U W O ¢W SO CIS 5 0 U aZ to Z 0- a: i o W Op U¢ W? x W o� to am I�M�yt W aW 0 W a � �z 2 a20 OW® z w� J LU �wo�¢ O Za)W �Ng�e J Z Ww ZU z MAY27, 2020 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 zet Park^kR7a < _ rie 0 d ^�F 1 Y s/rE �� 1: ate_.- Roth£tsh=Gap:-Tpke- 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 1 1 BRIAN D JAMISON > No. 3334 10-06-2020 Zr W �?0Zh W CIO SP4Lua� u o V W LU h Z MAY27, 2020 SCALE: 1"= 60' JOB: 8632 SHEET2 OF LEGEND: IF IRON PIN FOUND p A�T 'Oc 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` �SFx ��QGc�i'FFNT qp �- 0 �T oO2 \ \ \ JK O� / 1>�N 24.04'(TE) E/ F,Y s. O FNFK 0 60 120 180 FASe, EX. 20' PUBLIC STORM DRAIN - EASEMENT DB 5040 PG 3&