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Home My WebLink AboutSUB201600032 Easements 2016-08-15This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Portions of parent Tax Map Parcels 62-25 Underwriter: Unknown This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) . DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this 15th day of Au us 2016 by and between TOWNE DISTRICT, LLC, a Virginia limited liability company, Grantor, whether one or more, and, the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, Towne District, LLC 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 TMP 62-25, containing 24.584 acres, more or less, and, 78E-H1, containing 2.382 acres, more or less, as shown on a plat titled Final Subdivision Plat, Cascadia Blocks 1-3, Phase I, TM 62-25, Rivanna District, Albemarle County, Virginia, by Dominion Engineering, dated September 8, 2015, as revised November 4, 2015 and January 5, 2016, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4732, Page 678 (the "Blocks 1-3, Phase 1 Plat"). Reference is made to the Plat for a more particular description of the property, and, That certain real property shown and designated a plat titled Final Subdivision Plat, Cascadia Blocks 1-3, Phase II, TM 62-25, Rivanna District, Albemarle County, Virginia, by Dominion Engineering, dated January 18, 2016, as revised March 15, 2016, April 22, 2016, and, August 9, 2016, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book , Page (the "Plat"). Reference is made to the Plats for a more particular description of the property and the portions of the property for the easement locations conveyed herein; Being a portion of the same property conveyed to Towne District, LLC, a Virginia limited liability company, by deed from Cascadia Development, LLC, a Virginia limited liability company, dated June 11, 2015, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4635, page 659; and, being New Version: 12.19-14 TMP 62-25 and NEW TMP 78E-HI as shown on a Boundary Line Adjustment Plat prepared by Dominion Engineering, dated August 5, 2014, September 12, 2014, as recorded in the aforesaid Clerk's Office in Deed Book 4583, Page 188. WHEREAS, public storm drainage easement on the Plat are further located and described as: "Public Drainage Easement" (DE4 shown on sheet V2); and, "Ex 20' Private Drainage Easement, DB 4732 PG 678, Proposed 20' Public Drainage Easement" (Shown on sheets V2 and V3, correcting a private drainage easement to a public drainage easement on the Plat located in a portion of Open Space Cascadia Park C and Lot 179). WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and, WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (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. 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, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change. alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, 2 Venion:12-19-14 repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this 3 Version: 12-19-14 section. 6. Right of Grantor to maintain the Easement Premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Restrictions. The Easement granted hereby is expressly made subject to any and all easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the Property which have not expired by a time limitation contained therein or otherwise become ineffective. 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 any Improvement located within the Easement by installing trees, constructing or maintaining any roadway, or erecting any building, fence, retaining wall or other structure within the Easement. These restrictions shall not prohibit the location of underground pipes, wire, conduits or other such facilities within the Easement with the prior written consent of the Grantee, which shall not be unreasonably withheld. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be 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, includes the Grantee's officers, employees and agents. 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 0 Version: 12-19-14 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. WITNESS the following signatures. GRANTOR: Towne District, LLC By: ZO� Franl .7 if, Manager COMMONWEALTH OF VIRGINIA EfFY/COUNTY OF /kl lxmu.i l-e— The foregoing instrument was acknowledged before me this JU `41 day of AtAfLLt-k 2016 by Frank T. Ballif, as Manager of Towne District, LLC, a Virginia limited liability company. r� L d� 'Notary Pub c My Commission Expires: 1-� i a0,g t) Registration number: Aii$ctq (X LOIS A. HAVERSTROM NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2020 REGISTRATION NO.298946 Version: 12-19-14 GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA 'K\IRW4A C. Thomas C. Foley County Executive The foregoing instrument was acknowledged before me this day of Ste& ✓ , 2016 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. A,lQ'ne24, Notary Public My Commission Expir Jo Registration number: S Qom/ Approved as to form: Co V tt rye rol I407,q,4y y pVQLIC I nr nnnl Version: 12-19-14