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HomeMy WebLinkAboutSUB201900135 Agreements 2021-01-11This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s) 078E0-00-00-000A4 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. THIS DEED OF DEDICATION AND EASEMENT, dated this -L!jday D2oe nnloof , 2020, is by and between HIGHLAND PARK INVESTMENTS. LLC_ Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealthof 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 "20' PUBLIC DRAINAGE EASEMENT" (hereinafter, the "Easement"), shown on the plat of Roudabush, Gale & Associates, Inc., dated August 29, 2019, last revised September 2, 2020, entitled "PLAT SHOWING HYLAND PARK SUBDIVISION, PHASE II, RIVANNA DISTRICT, ALBEMARLE COUNTY, VA," (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 Rivanna Magisterial District of the County of Albemarle, Virginia, designated as "Residue" (hereinafter, the "Property") on a plat by Roudabush, Gale & Associates, Inc., dated July 9, 2018, last revised March 14, 2019, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5166, page 757, also being a portion of the same property conveyed to the Grantor herein by deed of Nancy R. Schlichting, acting for Lenhart Pettit PC, Substitute Trustee, recorded in said Clerk's Office in Deed Book 4864, page 652; and 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, 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 Property, 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 shallhave 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 re -seeding or re -sodding 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 section. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the rightto perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcover, 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 and across the Property 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. Exclusivity; restrictions. The Easement conveyed herein 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 within the Easement or any Improvement located within the Easement; and such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 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 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 signatures. SIGNATURES BEGIN ON THE FOLLOWING PAGE Din HIGHLAND PARK INVESTMENTS, LLC BY: RIVER BEND MANAGEMENT, INC., ITS MANAGER By. -- Alan R. aylor President and Authorized COMMONWEALTH OF VIRGINIA CITY/COUNTY OF C ow1##gsv.ut The foregoing instrument was acknowledged before me this 2-I'4"day of D .1 Eby Alan R. Taylor, President and Authorized Officer, on behalf of River Bend Management, Inc., Manager of Highland Park Investments, LLC, Grantor. My Commission Expires: 19/7-1/9-e2.3 Registration number: 7907103 Notary Public ER A: Gp° NOTARY PUBLIC #78071Q3 •e G COMMISSION ? z 10f31f2023 ° � SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this 'Z— day of by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. 1 L. Notary Publi My Commission Expires: . 311 Q,00 EM KEEN8163782Registration number: r1153'1100� FVIRGINIEXPIRES 2023 Approved as to form: 044, � i� I 1 /2 2 County Attorney 42537620_3 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number: 078E0-00-00-000A4 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 this7-ls} day of DPLCMbC K , 2020 is by and between HIGHLAND PARK INVESTMENTS LI,C Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNES S: WHEREAS, the Grantor is the owner of that certain real property located inAlbemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "VARIABLE WIDTH DRAINAGE & SWM EASEMENT" (hereinafter, the "Easement") on the plat of Roudabush, Gale & Associates, Inc., dated August 29, 2019, last revised September 2, 2020, entitled "PLAT SHOWING HYLAND PARK SUBDIVISION, PHASE II, RIVANNA DISTRICT, ALBEMARLE COUNTY, VA," (hereinafter, the "Plat") a copy of which is recorded immediately prior hereto. 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 Rivanna Magisterial District of the County of Albemarle, Virginia, designated as "Residue" (hereinafter, the "Property") on a plat Roudabush, Gale & Associates, Inc., dated July 9, 2018, last revised March 14, 2019, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5166, page 757, also being a portion of the same property conveyed to the Grantor herein by deed of Nancy R. Schlichting, acting for Lenhart Pettit PC, Substitute Trustee, recorded in said Clerk's Office in Deed Book 4864, page 652; 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: 05/23/19 Office in Deed Book 5039, page 699, 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. Version: 0523/19 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, the Easement 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 Property 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. Version: 05/23/19 WITNESS the following signatures. GRANTOR: HIGHLAND PARK INVESTMENTS, LLC BY: RIVER BEND MANAGEMENT, INC., ITS MANAGER By: Alai Pres COMMONWEALTH OF VIRGINIA CITY/COUNTY OF (ltarLol�eCvd/(Q The foregoing instrument was acknowledged before me this Ws day of L6ce w6.,. , Zvwby Alan R Taylor, President and Authorized Officer, on behalf of River Bend Management, Inc., Manager of Highland Park Investments, LLC, Grantor. My Commission Expires: 1471120 7 Registration number: /TO7103 4 `��.. ER A ' °.. °JG�........:.Z0 1p - • NOTARY PUBLIC A REG. #7807103 1 Q 0 : MY COMMISSION Z -4 EXPIRES O: 10f3ir4m ram,: ••............. Jam: ''- vFA LTH 0... SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 05/23/19 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By. i e ey B. Itichardson County Executive COMMONWEALTH OF t' VIRGINIA CITY/fir OF h nc IrAe�v� Ile The foregoing instrument was acknowledged before me this �day of `tin . by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Not&y Public My Commission Expires: 310 aa3 Registration number: -1f5 l6 ARHERYL L. SKEEN ARY PUBLIC # 7153762 [C::REGISTRIATION EALTH OF VIRGINIA MISSION EXPIRES BER 31 2023 Approved as to Form: N fAAM 11V'2021 County Attorney Date 42537579_3 Version: 05/23/19 Prepared by and upon recordation return to: Mary Katherine McGetrick (VSB no. 47084) Williams Mullen 200 S. 106 Street, 16th Floor Richmond, VA 23219 Tax Parcel No. 078EO-00-00.00OA4 SUPPLEMENTARY DECLARATION TO FONTANA DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS SUPPLEMENTARY DECLARATION TO FONTANA DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (this "Supplemental Declaration"), dated as of this day of 2020 (the "Effective Date"), by HIGHLAND PARK INVESTMENTS. LLC, a Virginia limited liability company, to be indexed as a grantor and grantee ("Declarant") recites and provides as follows: RECITALS WHEREAS, by Fontana Declaration of Covenants, Conditions, Restrictions and Easements dated June 19, 1998, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office"), in Deed Book 1716, at page 477 (as may have been supplemented and amended from time to time, the "Declaration"), Declarant's predecessor declared certain real property commonly known as "Fontana" located in Albemarle County, Virginia (referred to and defined in the Declaration as the "Property"), be held, sold and conveyed subject to easements, restrictions, covenants and conditions contained in the Declaration. Each capitalized term used, and not otherwise defined in this Supplemental Declaration, shall have the meaning given to it in the Declaration unless the context otherwise requires. WHEREAS, the Property has been developed as a residential subdivision and Article II of the Declaration provides that the Declarant has the right to annex additional property within the plan and operation of the Declaration. WHEREAS, Declarant intends to develop approximately fifteen (15) additional Lots as Phase II of the Hyland Park subdivision within Fontana as shown on that certain plat entitled "PLAT SHOWING HYLAND PARK SUBDIVISION, PHASE II, RIVANNA DISTRICT, ALBEMARLE COUNTY, VA" prepared by Roudabush, Gale & Associates, Inc. dated August 29, 2019 and last revised September 2, 2020, a copy of which is attached hereto as Exhibit "A" (the "Additional Property"). WHEREAS, Declarant desires to make this Supplemental Declaration to declare the Additional Property subject to all of the easements, restrictions, covenants and conditions contained in the Declaration. SUPPLEMENT TO THE DECLARATION NOW, THEREFORE, in consideration of the premises and covenants herein contained, Declarant and the Association covenant, agree and declare as follows: 1. Declarant hereby declares that all of the Additional Property, more particularly described in Exhibit "A" attached hereto and made a part hereof, shall from and after the Effective Date be held, owned, used, transferred, sold, conveyed, demised and occupied subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration (and any valid amendments or supplements thereto), all of which shall run with the real property constituting the Additional Property and shall be binding on all parties having or acquiring any right, title or interest in said real property constituting the Additional Property or any part thereof, and shall inure to the benefit of each owner thereof, and their respective heirs, successors and assigns. 2. Declarant further declares that each Lot shown on the Additional Property, shall from and after the Effective Date be deemed a Lot within the meaning of the Declaration held subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified as private in the Declaration or the attached Exhibit "A". 3. If any term, covenant or condition of this Supplemental Declaration or the application thereof to any person or circumstances will to any extent be invalid or unenforceable, the remainder of this Supplemental Declaration or the application of such terms, covenants or conditions to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term, covenant or condition of this Supplemental Declaration will be valid and be enforced to the fullest extent permitted by law. 5. Except as supplemented and modified herein, all of the terms and conditions of the Declaration shall remain unchanged. In the case of any inconsistency or conflict among the provisions of the Declaration and this Supplement, the provisions of this Supplemental Declaration shall govern. 6. This Supplemental Declaration may be executed in multiple counterparts and a facsimile signature shall be considered the same as an original. [Section Left Intentionally Blank - Signature Page Follows] -2- WITNESS the following signatures. DECLARANT: HIGHLAND PARK INVESTMENTS, LLC, a Virginia limited liabilitv comnanv . Un COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me, 7 cZ.► 444r& a Notary Public in the aforesaid jurisdiction, this SOL day of ©ate„ , 2020, by Alan R. Taylor, Jr., who is either personally known to me or has satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, as President of Highland Park Investments, LLC, a Virginia limited liability company, on its behalf. op....... A:.. ;- [Affix Seal] ,.-'J;.•• •. %- NOTARY 0 ,, PUBLIC Notary Public 0 ' REG. 97807103 •: 6 15 O : MY COMMISSION i - Z 'Z ; EXPIRES : Z = Registration Number: 7YOWO 3 '•. 10/31/2023 o J��,a� My Commission Expires: CO 3t 20 2 '""Z�ALTH 0F,o`O [Section Left Intentionally Blank - Signature Pages To Follow] -3- 42755652_4 EXHIBIT "A" DESCRIPTION OF THE ADDITIONAL PROPERTY OR ATTACH PLAT -4-