HomeMy WebLinkAboutSUB202100100 Easements Easement Plat 2021-08-05This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 07600-00-00-046AB and 07600-00-00-05400
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.
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT, dated this 5 day of
201al , is by and between 5TH STREET FOREST, LLC, a Virginia limited liability
company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision
of the Commonwealth of 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 "New 30' Public Drainage Easement,"
"New 45' Public Drainage Easement," and "New Variable Width Public Drainage
Easement," (hereinafter, collectively the "Easement"), shown on the plat of Roger W. Ray
& Assoc., Inc., dated May 26, 2021, last revised July 6, 2021, entitled "Easement Plat
Showing New Variable Width Private Access Easement, New 30' Public Drainage
Easement, New 20' ACSA Utility Easement, New 20' Private Drainage Easements, New
45' Public Drainage Easement And New 6' & Variable Width Non-exclusive Pedestrian
Access Easement on Tax Map 76 Parcels 46AB and 54, Also Portion of Existing 20' ACSA
Sanitary Sewer Easement (D.B. 1669-706, 713 Plat) Hereby Extinguished, The Properties
of 5`h Street Forest, LLC Located on State Route 780 (Old Lynchburg Road), State Route
631 (51h Street) And Wahoo Way, Scottsville Magisterial District, Albemarle County,
Virginia" (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 a portion of that certain real property designated as Albemarle
County Parcel ID Nos. 07600-00-00-046AB and 07600-00-00-05400 (collectively hereinafter,
the "Property"), conveyed to the Grantor herein by deed recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia in Deed Book 5145, page 626;
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 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
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 right to
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
M
GRANTOR:
5Tn STREET FOREST, LLC
a Virginia limited liability company
BY: LandStriker LLC,
a Virginia limited liability company
Its Managing Member
By:
Kyle J. Redinger, Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF MaV I&S-vj I Lpo_
The foregoing instrument was acknowledged before me this W9Iay of ,
20 ZI by Kyle J. Redinger, Manager, on behalf of LandStriker LLC, a Virginia limited lidbility
company, Managing Member of 5th Street Forest, LLC, Grantor.
My Commission Expires: fl1 81
Registration number: J-Otco-j-2+ip
Notary Publi
' NOTARY •'
PUBLIC �'
REG. il7907276 •;
MY COMMISSION;
0 EXPIRES
Off'••, 0113112024 ;•'�2,
""1O .............
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
GRANTEE:
By:
Jeff
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
Executive
VIRGINIA
�Th foregoing instrument was acknowledged before me this day of
,�j _ by Jeffrey B. Richardson, County Executive, on behalf of the County of
Albe arle, Virginia, Grantee. ,
Notaly Public
My Commission Expires: .3aoa3
Registration number: 11 I cJ" b-16a,
Approved as to form:
County Attorney
CHER_ YL� L. SSKKEEN
NOTARY PUBLIC
E
EGISTRATION#7153762MONWEALTH OF VIRGINIA COMMISSION EXPIRES
OCTOSER31 2023
0%4/2C21
Date
G7
Prepared by and upon recordation return to:
Woods Rogers, PLC
123 East Main Street, 5`h Floor
Charlottesville, VA 22902
(Timothy I. Kelsey— VSB #47781)
Albemarle County Parcel ID Nos.: 7646AB and 76-54
DEED OF EASEMENT
(for Parking for Albemarle Business Campus)
THIS DEED OF EASEMENT, dated this day of
20 , is made by 5TH STREET FOREST LLC, a Virginia limited liability company
Street Forest"), to be indexed as both the Grantor and Grantee.
WITNESSETH:
WHEREAS, 5a' Street Forest is the owner of those certain parcels of real property
located in the County of Albemarle, Virginia (the "County'), and designated as "T.M. 76-46AB,
1.48 Acres, Parcel B, 51h Street Forest LLC, D.B. 5531-574 & 575 Plat, D.B. 5145-626, D.B.
5469-685,688 thru 690 Plat, D.B. 5519-333-A, 333-B & 333-C Plat" (hereinafter referred to as
"TMP 76-46AB") and "T.M. 76-54, 7.07 Acres, 51h Street Forest LLC, D.B. 5531-574 & 575
Plat, D.B. 5145-626, D.B. 4367-501 & 502 Plat, D.B. 2168-106 thru 109 Plat" (hereinafter
referred to as "TMP 76-54", and together with TMP 76-46AB, the "5`h Street Forest Property")
on that certain Easement Plat prepared by Roger W. Ray & Associates Inc. entitled "Easement
Plat Showing New Variable Width Private Access Easement, New 30' Public Drainage
Easement, New 20' ACSA Utility Easement, New 20 Private Drainage Easements, New 45'
Public Drainage Easement, and New 6' & Variable Width Non -Exclusive Pedestrian Access
Easement" on Tax Map 76 Parcels 46AB and 54," dated May 26, 2021, last revised July 6, 2021,
and recorded in
(the "Access Easement Plat"); and
WHEREAS, 5`h Street Forest desires to develop TMP 76-46AB for the purpose of
operating a self-service storage facility and retail uses; and
WHEREAS, in furtherance of such development, 5u' Street Forest desires to enter into
this Deed of Easement related to parking, which shall evidence the parking arrangement between
TMP 76-46AB and TMP 76-54, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of good and valuable consideration, receipt of
which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY unto the
Grantee, its successors and assigns:
(1) the following non-exclusive easement (hereinafter, the "Parking Easement"):
(i) for the benefit of TMP 76-46AB, use of (and access to/from) twenty-five (25)
parking spaces, located on TMP 76-54, and designated on exhibit attached hereto
and incorporated herein as Exhibit A (the "Parking Layout") as "Shared Parking,
Total 25 Shared Spaces, for TMP 76-46AB on TMP 76-54" (the "TMP 76-46AB
Parking Easement Area");
The following provisions pertain to the Parking Easement:
(A) The parking spaces in the areas drawn in with single diagonal lines, labeled as
"76-46AB Parking" on the Parking Layout, shall serve TMP 76-46AB.
(B) The Parking Easement shall also include reasonable access to/from the Parking
Easement Area by the owner of the benefitting parcel, such owner's assigns, successors, and
invitees. Such access, and the related maintenance obligations, including without limitation, as
applicable, snow removal, maintenance of surrounding vegetation, re -pavement and repainting
(striping), shall be borne by the owner of the benefitting parcel, and such owner's assigns or
successors.
(C) This Deed of Easement shall be binding upon and shall inure to the benefit of the
heirs, personal representatives, successors and assigns of 5ch Street Forest, which such benefits
and obligations shall be distributed pursuant to the potential subsequent ownership of TMP 76-
46AB and TMP 76-54.
[SIGNATURE PAGES BEGIN ON THE FOLLOWING PAGE]
2
WITNESS the following duly authorized signatures and seals:
51h STREET FOREST, LLC,
a Virginia limited liability company
By:
Kyle lZedinger, Manager
COMMONWEALTH/STATE OF Vlr 10R..
CITY/COUNTY OF tVtmvti VIjI,D, to -wit:
The foregoing instrument was acknowledged before me this 2`LMday of cju14
,
20A by Kyle Redinger, as Manager of 5 h Street Forest LLC, a Virginia limited liabil' y
company, on its behalf.
My commission expires: oT 2D19
tary Public
Notary Registration No.: " :J- 2 � in
EXHIBIT A
(the Parking Layout)
0
60
TMP 76-46 AB --
5TH STREET FOREST LLC
DB 5531-570
DB 4573-270
DB 4431-372
ZONE -NMD ?
1.48 AC
V.W
ALBEMARLE BUSINESS CAMPUS
EXHIBIT A
TAX MAP PARCELS 76-46AB and 76-54
DATED - 06/17/2021
REVISED 07/06/2021
LEGEND
V.W ACCESS EASEMENT
Shared parking, Total 25 shared spaces,
for TMP 76-46AB on TMP 76-54
um76-46 AB Parking
ACMSS EASEMENT
t,
II
1 ,
1
IW, MSS E15EMENi , I 1
TMP 76-54
5TH STREET FOREST LLC
DB 5531-570 el
DB 4573-270 - y
Y
DB4431-372 --- 1i
DB 4367-496
501 & 502 PLAT
DB 2168-106THROUGH 109 PLAT I fY 1
-_—
ZONE NMD ---
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707 AC-
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