HomeMy WebLinkAboutSUB202100095 Easements 2021-08-19 (2)This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel 1D Number: 06000-00-00-078AO
This deed is exempt from taxation under Virginia Code § 58.1-81 l(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 IL day ofj�
20 % , is by and between the COUNTY SCHOOL BOARD OF ALBEMARLE
COUNTY, VIRGINIA, "Grantor," the BOYS & GIRLS CLUBS OF CENTRAL
VIRGINIA, "Tenant" or "Additional 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 "20' Public Drainage Easement
Dedicated for Public Use, Area = 770 SF (0.018 AC.)" and "20' Public Drainage Easement
Dedicated for Public Use, Area = 6,731 SF (0.155 AC)," (hereinafter, collectively, the
"Easement"), shown on the plat of Timmons Group, dated May 22, 2021, last revised July
5, 2021, entitled "Plat Showing Stormwater Management Facility, Public Drainage, &
ACSA Waterline Easements on the Lands of County School Board of Albemarle County,
Tax Map Parcel 60-78A, Jack Jouett 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 No. 06000-00-00-078A0, conveyed to the Grantor herein by deed recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 287, page
414 (hereinafter, the "Property");
WHEREAS, the Tenant is currently occupying a portion of the Property pursuant to a
certain 40-year Deed of Lease dated June 13, 2019, as amended by a First Amendment effective
August 6, 2020;
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
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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
3
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. Bindin 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 Additional Grantor joins in this Deed and agrees to be bound by the Deed's terms.
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
OWNER: COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINA
By: /C
Graham Paige, Chair
COMMONWEALTH OF VIRGINIA
CITY�Y OF �'
The foregoing instrument was acknowledged before me this jfv— day of
2021 by Graham Paige, Chair, on behalf of County School Board of Albemarle Coun y, Virginia.
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My Commission Expires: Z ZY• jZCj d�� NO- ..-11na
R G at,C
Registration number: S ZR g = *' E #2 ' C
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
5
TENANT/ BOYS & GIRLS CLUBS OF CENTRAL VIRGINA
ADDITIONAL GRANTOR;
By' r
James Pi f
Chief W(ccutive Officer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF /�l6ruair(�
The foregoing instrument was acknowledged before me this _-q _ day of ,
2021 by James Pierce, Chief Executive Officer, on behalf of Boys & Girls Clubs of �entra�l
Virginia, Tenant.
My Commission Expires: 3 2 —
Registration number: -Ig Z 005
Notary Public
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
13
GRANTEE:
Executive
COMMONWEALTH
OF VIRGINIA
CITY/GBI�YOFtkI^��y ,11,2.
VIRGINIA
�The foregoing instrument was acknowledged before me this day of
c, 2O$lby Jeffrey B. Richardson, County Executive, on behalf of the County of
AlbefiAarle, Virginia, Grantee.
My Commission Expires: Nota Public _�j�
CHERYL L,SKEEN
Registration number: h l `J3'i 15--iL. REGISTRATION OOTRYPUBLIC 153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31 2023
Approved as to form:
County Attorney Date
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia22902
Parcel ID Number: 06000-00-00-078AO
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 this - 2day of ,hA@A& 20 Z{ , is by and
between the COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA,
"Grantor," the BOYS & GIRLS CLUBS OF CENTRAL VIRGINIA, "Tenant" or "Additional
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 "Var. Width Permanent Stormwater
Management Facility Easement Dedicated for Public Use, Area =1,710 SF (0.039 AC.)"
and "Vat. Width Permanent Stormwater Management Facility Easement Dedicated for
Public Use, Area = 5,115 SF (0.117 AC.)" (collectively hereinafter, the "Easement"), on
the plat of Timmons Group dated May 22, 2021, last revised July 5, 2021, entitled "Plat
Showing Stormwater Management Facility, Public Drainage, & ACSA Waterline
Easements on the Lands of County School Board of Albemarle County, Tax Map Parcel
60-78A, Jack Jouett Magisterial District, Albemarle County, Virginia" (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 a portion of that certain real property designated as Albemarle
County Parcel ID No. 06000-00-00-078A0, conveyed to the Grantor herein by deed recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 287 page
414 (hereinafter, the "Property)";
WHEREAS, the Tenant is currently occupying a portion of the Property pursuant to a
certain 40-year Deed of Lease dated June 13, 2019, as amended by a First Amendment effective
August 6, 2020;
Version: 05/23/19
WHEREAS, the Grantor, the Additional 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 Office in Deed Book 5556, page 335, in which the Grantor
and/or Additional Grantor have agreed to construct and maintain on -site stormwater
management/BMP facilities; and
WHEREAS, the Maintenance Agreement provides in part that the Grantor and Additional
Grantor give 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, the
Additional Grantor, their 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. Rieht of ingress and caress. 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 and/or Additional Grantor under the Maintenance
Agreement shall be and remain the property of the Grantor and/or Additional Grantor, as the case
may be. 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/
Version: 05/23/19
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.
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 Additional Grantor, the Grantee,
and their successors and assigns. All references herein to the "Grantor," the "Additional
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(s), the Easement(s) 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 Additional Grantor joins in this Deed and agrees to be bound by the Deed's terms.
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.
WITNESS the following signatures.
Version: 05/23/19
GRANTOR: COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA
By: 4r.Jn` n,
Graham Paige, Chair
COMMONWEALTH OF VIRGINIA
CITY/COJ. LTY OF
The foregoing instrument was acknowledged before me this day of
2021 by Graham Paige, Chair, on behalf of County School Board of AW
Grantor. Albemarle Coun ,Virginia,
My Commission Expires:
q/Z Z$'7p75
Registration number: Mq
E � �O RFfF�i
T �Y is
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
0
Version: OR/23/19
TENANT/ BOYS & GIRLS CLUBS OF CENTRAL VIRGINIA
ADDITIONAL GRANTOR:
By: 11�tb
James P' ce
Chief Ixecutive Officer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF A&q4l�f(-d—
The foregoing instrument was acknowledged before me this AUday of t
2021 by James Pierce, Chief Executive Officer, on behalf of Boys & Girls Clubs of Central
Virginia, Tenant.
�4l0tary Public
My Commission Expires: K .' Z
QJp1 IM ElSg ij/ i
Registration number: 74ZODSL O MoNw' L
c s
�REGISTRgTION NO.O."'.
7920052
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 0523119
GRANTEE:
County Executive
COMMONWEALTH OF VIRGINIA
CITYIC-O NT-* OF
The foregoing instrument was acknowledged before me this 19 day of
2021 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albem
Virginia, Grantee.
I
Not Public
My Commission Expires: De: •. apa3
Registration number: ''j 15 a)-j k G,
Approved as to Form:
" k V g�� g ZOZf
County Attorney Date
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION#7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31, 2023
Version: 05/23/19