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HomeMy WebLinkAboutWPO201700034 Easements 2017-10-19 201700012185.001 -- -- Instrument Control Number RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Oct 19, 2017 Commonwealth of Virginia AT 03:28 pm Land Record Instruments BOOK 04973 Cover Sheet - Form A START PAGE 0304 END PAGE 0312 [ILS VLR Cover Sheet Agent 1.0.66] INST # 201700012185 TOTAL NUM PAGES 0009 T C Date of Instrument: [10/13/2017 ] A R Instrument Type: [DE ] X R MEB P E Number of Parcels [ 1] X Number o E f Pages [ 71 M (Box for Deed Stamp Only) P City County x I [Albemarle County ] T First and Second Grantors — _ Last Name First Name I Middle Name or Initial Suffix C C [RMC7 LLC ][ ][ ][ ] [ ][ ][ 1[ ] First and Second Grantees Last Name First Name I Middle Name or Initial Suffix C © [COUNTY OF ALBEMAR ][ ][ ][ ] ❑ ❑ [ALBEMARLE COUNTY ][ ][ ][ ] Grantee Address (Name) [County of Albemarle VA ] (Address 1) [401 McIntire Road ] (Address 2) [ • ] (City,State,Zip) [Charlottesville ] [VA ] [22902 1 Consideration [0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City County.x. [Albemarle County ) Percent. in this Juris. [ 100] Book [4732 ] Page [323 ] Instr. No [ ] Parcel Identification No(PIN) [06000-00-00-002A1 & 06000-00-00-002A2 ] Tax Map Num. (if different than PIN) [same ] Short Property Description [SWM Easement and Open Space Easement 1 [ 1 Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ][ ] Instrument Prepared by [Albemarle County Attorney 1 Recording Paid for by [McCallum & Kudravetz PC ] Return Recording to (Name) [McCallum & Kudravetz PC ] (Address 1) [250 East High Street ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA ][22902 ] Customer Case ID [14625.21557 ] [ ][ ] r Cover Sheet Page#1 of 1 111111.11.111:11 201700012185.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Numbers 06000-00-00-002A I and 06000-00-00-002A2 This deed is exempt from taxation under Virginia Code §§ 58.1-81 1(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this\S-Fld'ay of October,2017,by and between RMC7, 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 SWM FOREST AND OPEN SPACE EASEMENT 5.50 ACRES"and"NEW SWM FOREST AND OPEN SPACE EASEMENT 3.61 ACRES", shown on the plat of Roger W. Ray& Assoc., dated September 7,2017,revised October 2,2017,entitled"PLAT SHOWING NEW SWM FOREST AND OPEN SPACE EASEMENT (3.61 ACRES) ON TAX MAP 60, PARCEL 2A1 (TRACT 2A) AND NEW SWM FOREST AND OPEN SPACE EASEMENT(5.50 ACRES) ON TAX MAP 60, PARCEL 2A2 (TRACT 2B),THE PROPERTIES OF RMC7,LLC,LOCATED ON STATE ROUTE 654(BARRACKS ROAD), JACK JOUETT MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA", a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat"). 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 Jack Jouett Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Tax Map Parcels 06000-00-00-002A1 and 06000-00-00-002A2, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4732, pages 323-327, LESS and EXCEPT that certain 1.39 acre parcel of real property described as *Parcel 'X' on a Plat attached to that certain Deed of Gift recorded in the aforesaid Clerk's Office, Deed Book 4957, pages 479-484, hereinafter called the "Property"; 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 1 201700012185.003 Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the aforesaid Clerk's Office,Deed Book 4964,pages 107-116, 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 the Maintenance Agreement also provides in part that, in the event the Grantor, its successors and assigns,fails to maintain the stormwater management/BMP facilities in good condition acceptable to the County, the County may enter upon 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, a perpetual easement as shown on the Plat and as referred to herein as "NEW SWM FOREST AND OPEN SPACE EASEMENT 5.50 ACRES"and"NEW SWM FOREST AND OPEN SPACE EASEMENT 3.61 ACRES". 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 to which 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. 2 201700012185.004 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 shall have the right to assign this Easement as its interests may require. 5. 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. 6. Termination of Easement. If the Grantor, or its successors or assigns, desires to alter or vacate a portion or all of the easement(s), the Easement may be adjusted accordingly if the County Engineer certified in writing that the proposed modifications meet 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(s), any reside of the Easement shall remain subject to this Deed of Dedication and Easement. The termination of any portion of the Easement(s) 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. [Signatures on the following pages] 3 201700012185.005 WITNESS the following signatures. GRANTOR: RMC7, LLC, a Virginia limited liability company By: Timothy S. Davis, Manager COMMONWEALTH OF VIRGINIA, -P1-T V /COUNTY OF I Ie,A4g , to wit: The foregoing instrument was acknowledged before me this f 3 day of Qe. ,2017 by Timothy S. Davis, in his capacity as Manager for RMC7, LLC, a Virginia limited liability company. My commission expires: q-30-,Z01$ IS ��o / # Notary Public isysyl ����nnnrr►►► kt ;MONIYF•.•-9 O"I REGISTRATION NO. 187571 i MY COMM.EXPIRES! 09/30/2018 4 201700012185.006 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA (1/_). uglas Walker Interim County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this I<' Zlay of . ,am-7 by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle,Virginia, Grantee. L . A -FiNo ry Public My Commission Expires: 1 U13l t 14 SKEEN Registration number: '1I537(02 No AYRYLPUBLIC REGISTRATION 7153762 • COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 •Approved as to form: C/14 e. C 1 ny Attorney 5 THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, NEW SWM FOREST AND OPEN SPACE EASEMENTS, ON T.M.60-2A1, CONTAINING 3.61 ACRES AND ON T.M.60-2A2, CONTAINING 5.50 ACRES, ARE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER (S) , PROPRIETORS, AND/OR TRUSTEES, IF ANY. FOR: RMC7, LLC n l \`ttttunurrrrr�r •C�fi'/COUNTY OF l�1.h�.�►MAf-'e \�\\\\ p0LYA/�1�%,. STATE OF V4 C •�o ti REGISTRATION NO. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED = 187571 : / �- MY COMM.EXPIRES: BEFORE ME THIS 13 DAY OF OG�v6, 09/30/2018 1 iM �.. AJBS /1s 111AAl,g9�E�C FVIRo�N• 2017. BY '' G �'�i �jARY P�.�\\`�. FOR: RMC7, LLC /1'/rrrllllttoow NOTARY PUBLIC (yuw1 �y v # J 8 ' 1/ MY COMMISSION EXPIRES : -30' r24/a NOTARY SEAL APPROVED FOR RECORDATION Go.te),,,v, 10/18/ 7 AGENT FOR THE BOARD OF SUPERVISORS NitiLDATE THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNIP IN ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE NOTES / NOT INTENDED TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE DEVELOPMENT RIGHTS SHOWN HERE( A. T.M.60-2A1 IS ZONED RA (AIRPORT IMPACT, ENTRANCE COORIDOR, FLOOD HAZARD OVERLAY) . T.M.60-2A2 IS ZONED RA (AIRPORT IMPACT, DAM INUNDATION ZONE, ENTRANCE COORIDOR, FLOOD HAZARD OVERLAY) . B. NO DEVELOPMENT RIGHTS ARE AFFECTED BY THIS PLAT. C. SETBACK REQUIREMENTS: FRONT= 75' (ALONG STATE ROUTE 654) SIDES= 25' REAR = 35' D. THIS PROPERTY IS LOCATED IN THE SOUTH FORK RIVANNA WATER SUPPLY WATERSHED. E. ACCORDING TO THE COUNTY OF ALBEMARLE GIS WEBSITE. THIS PROPERTY IS NOT LOCATED IN AN AGR F. THE APPROXIMATE LOCATIONS OF THE STREAMS AND STREAM BUFFERS SHOWN HEREON WERE TAKEN FROI COUNTY WATER PROTECTION ORDINANCE. G. ACCORDING TO THE COUNTY OF ALBEMARLE GIS WEBSITE, THIS PROPERTY IS SUBJECT TO THE (STATE) SHOWN HEREON WAS TAKEN FROM THE COUNTY OF ALBEMARLE GIS DATA. LINE BEARING DISTANCE DENOTES APPROXIMATE LOCATION OF AREA WITHIN SHADED ZON L1 N36 °29'21"W 94.34 CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT 0 L2 N15 °12'24"W 89.80 AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FL L3 NO2 °22'38"W 99,29 .. " .. EFFECTIVE DATE FEBRUARY 4, 2005 (COMMUNITY PANEL 510006 L4 N35 °01 '54"E 109.58 DENOTES APPROXIMATE LOCATION OF FLOODWAY AREA IN ZONE L5 N41 °16'56"E 113.74 (100 YEAR FLOOD PLAIN) ACCORDING TO THE FEMA FLOOD INSU L6 N32 °15'57"E 104.52 RATE MAP, EFFECTIVE DATE FEBRUARY 4, 2005 (COMMUNITY PANE 510006 0260D) . L7 N32 °15'57"E 43.58 DENOTES APPROXIMATE LOCATION OF AREA WITHIN ZONE AE L8 N36 °19'53"W 9.60 (100 YEAR FLOOD PLAIN) ACCORDING THE THE FEMA FLOOD L9 N47 °29'44"W 30.98 : INSURANCE RATE MAP, EFFECTIVE DATE FEBRUARY 4, 2005 L10 N29 °40'08"W 10.51 (COMMUNITY PANEL 510006 0260D) . L11 N01 °50'29"E 13.30 L12 N27 °19'21"E 17.45 L13 N08 °22' 17"W 36.66 T.M.44-33H L14 N82 °57'32"W 20.57 L15 NO2 '14'21"E 26.51 , L72 L16 N28 °34' 13"W 32.91 '.\�i0� °�W L17 N07 °52' 13"W 48.48 L18 N09 °20'31"W 15. 15 0) L19 N19 °13'23"E 53.03 -I L20 N16 '32'59"W 55.74T.M. 44-33H1 197.24' L21 N01 °10' 12"E 28.76 r,, L100 L22 N42 °55'41"W 42.96 c,w L23 N08 °47' 10"W 42.28 L67 Ito, L10 L24 N50 °31'48"W 48. 15 L66 ��; N L25 N27 °17'38"W 39.37 p L6 ., o L26 N73 °58'25"W 63.51 �6.A �- v L27 N27 °24' 10"W 39.41 T.M.44-33H2 ' 1(f > CD L28 N30 °29'29"W 32. 18 - L29 N31 °47'46"E 30.23 cuA L30 N27 °36'23"W 35.81 � NEW L31 N1144' 14"W 48.59 L61 AND L32 N33 °48'24"W 24.60 L60 L33 N083623"E 78.94 T.M.44-33H3 , 0ul 5 L34 N253110"W 32.23 L5' ' L55 100'L35 N13 °58' 14"W 89.60 L53 L5712),1 -STREAML36 N5424' 11"W 51. 18 - .s ' k._. BUFFER L37 N35 '12'25"E 55.53 '.- L52 .6' �� p L106 L38 NO3 °39'28"W 62.66 L51 L110 `-'J' --L107 L39 N45 °13'03"W 18.02 / L40 N05 °28'46"E 37.50 L50 0, L111 ° --L108 L41 N01 '27'36"E 25.64 gyp ;` • .t L109 L42 N37 °29' 19"W 21.94 Cqg" \ �� L113 S79.5`- IVY CREEK <�� 41, <T\ NEW SWM T.M.60 1L ;�TQZ T FOREST AND LOT 10 50.00' #Ts OPEN SPACE RONALD L.MARTIN 97.90' v � EASEMENT & AMY MARTIN \J/ 3.61 ACRES D.8.3347-589 P D.B. 1181-634 THRU 638 PLAT �' L116 L42 L43,.RA t L117 L41 • . e44.118 L40 �l' :: L 119 N74 °00 ' "E L38L120 65.00'00 S35 °00'00"E L37 L36 � ,' i� 165.00' // L35 1N 9r- / L34 �� I �\ � L33�J, re- L� Y - ,,,r, 201700012185.009 1'Tpp0121g5 �g OFFICE INSTRUMENT C RCUIT COURT CLERICS O�� EOc 2017 AT 0 y8 pm pyB OctUG,C1.E R� �pN R. A973 PAGE 0304'p0312 BOOK 0