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HomeMy WebLinkAboutSUB201800195 Easements 2019-12-02 I :411:;1 Official Receipt p � ' too_;1'. Albemarle Circuit Court 5 Fla�. Jon R. Zug .,v '^%v, - 501 E. Jefferson St. I' O`.'��� ` Charlottesville, VA 22902 (434) 972-4083 Receipt For:VALERIE LONG Cashier : MEB Instrument Type : DE Receipt# : 2019-050104 Instrument#: 201900013209 Date': 12/02/2019 11:17am Book/Page: 05249/0022-00030 Pages : 9 Document: 1 of 1 1st Grantor: 5TH STREET STATION VENTURES LLC Ex Y 1st Grantee : COUNTY OF ALBEMARLE VIRGINIA Ex . Y Description: SEE INSTRUMENT 5TH STREET STATION Consideration: 10.00 Assumed Value: 0.00 Pct: 100.00% 1st City: Y Item# __ _ Description Qty; Unit Cost Extended 035 VOF T 1.00- - 1.00 301 Clerk 1-10 Pages 1 14.50 14.50 145 VSLA 1 1.50 1.50 106 TTF _ 1 __ _ 5.00 _ _ 5.00. Document 1 22.00 Grand Total 22.00 Check 573387 -22.00 Balance 0.00 Customer Copy . , VIRGINIA LAND RECORD COVER SHEET FORM A—COVER SHEET CONTENT ‘1,, Instrument Date: 19;‘,q019 Instrument Type: DE 1 Number of Parcels: :2 Number of Pages: ....._1.... 1 [ ]City IN County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [X]Grantor: .58.1-811 (A) (3) [X]Grantee: ........ Consideration: Existing Debt: _ $0.00 6 Actual Value/Assumed: $0.00 , PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 . - _ _ _ . Fair Market Value Increase: __........,....,j9;99___;......,. (Aren Above Reserved For Deed Stamp Only) . Original Book Number: _ _,, Original Page Number: ..... Original Instrument Number: Prior Recording At:[ I City[ ]County Percentage In This Jurisdiction: . _ . ._ . .';111iSiNESt NAME. . `t.,.. [A.:Grantor; '5T171:STREgT"FATIONYPOREsi 1:0„ . . - [ ]Grantor: : . _ . . 1 ix Grantee: COUNTY OF ALBEMARLE, VIRGINIA . , . [ ]Grantee: , _ . . .. •- . GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA ... - . ' - . : _ .- . .. : , Address: ,401 MCINTBE RD ' , __._ _.j., City:.CHARLOTTESVILLE .- State: VA . zip Code: . . ,.. Book Number: _ Page Number: „ .„. , , Instrument Number: ..............___ „„,.. Parcel Identification Number(PIN): 076M1-00-00-00200 Tax Map Number: N/A . ___ Short Property Description: SEE INSTRUMENT „ ... . . _ 5TH STREET STATION,. Current Property Address: 5TH STREET STATION_ .PARKWAY ' . _ .- city:..CHARLOTTESVILLE _ _._ _ . State: VA Zip Code: . syALERIE CONG. ....Instrument Prepared By: WILLIAMS MU4PN.,,_____, ...„, Recording Paid By: -.., .,....-,---•,-,-..-.7..........•.- ,...................... Recording Returned To: VALERIE LONG Address: •WILLIAMS MULLEN 321 EAST MAIN ST, SUITE 400 . . . , . . ..- _ . _. ._. City:,CHARLOTTESVILLE . .. .. .. State: •VA Zip Code: 22902 ._ . . _ - '•"I''' ...'j -'f,i: I !Illil:1:, i! ,k -;vi4 ,- , '_, Iii. i . . i , , , . . . ,,, _. .. 1 .' . Ili , i . _ i . . ir . i .. ' I I :. 1 T- ' ,'.; '!:: '.:• -'•i ''! $ ''.1 ' it It , : 0 .,__ .' .: ,' . i 1 f 01 , • $ '' la 0 ,.1"A . • '.: X 1 ' FoRm_cc-1579 Rev: 7/15 _ Page 1 of 2 Cover Sheet A —§§17.1-223, 17.1-227.1,17.1-249 Copyright 0 2014 Office of the Executive Secretary,Supreme Court of Virginia:All rights reserved: f VIRGINIA LAND RECORD COVER SHEET FORM C-ADDITIONAL PARCELS Instrument Date: ..... 10,/4/?019....... Instrument Type: DE Number of Parcels: 2 Number of Pages: [ ]City xi County ALBEMARLE.. - . .. - . _ . _ PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ]City[ ]County 1 , Percentage In This Jurisdiction: 100% Book Number: .„,. ,_. Page Number: _.„,, „' Instrument Number: „„.„....,. _........ -.___.„. ... .,i _ Parcel Identification Number(PIN): 076M1-00-00-002B1 (Area Above Reserved For Deeil Stamp Only) -- - — Tax Map Number: NIA , _ , Short Property Description: SEE INSTRUMENT , . _ . 5TH STREET STATION .. . _ _,. - . Current Property Address: 5TH STREET STATION PARKWAY , . -- . City:,cHARLOTTESVILLE State: VA Zip Code: 22911 _ Prior Recording At:[ I City[ ]County ..............,.-.., ....... Percentage In This Jurisdiction: ,__„ .... . „. _ _____ Book Number: Page Number: ..„„...,,,,,,, Instrument Number: , . Parcel Identification Number(PIN): -. . - Tax Map Number: ., ,-".• Short Property Description: . _. . _. . . _, . .. , . Current Property Address: ., _ , .. City: . , ....._ .... - _.... . .. - —. ._ State:I. ..„. Zip Codet I-- FORMCC.-1570 _Rev:10/14 - Page 2 of 2 Cover Sheet C _ - --- _-- - §§17.1=223,17.1-227.1,17.1-249 Copyright©2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved, 1 This document was prepared by: Valerie W.Long,Esq. Williams Mullen 321 East Main Street,Suite 400 Charlottesville,Virginia 22902 Tax Map Parcels: 076M1-00-00-00200 076M1-00-00-002B1 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 (Storm Drainage Easement) THIS DEED OF DEDICATION AND EASEMENT, dated as of this 26tday of IV e vemler , 2019, is by and between 5TH STREET STATION VENTURES, LLC, a Delaware limited liability company, as grantor (the "Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, ("Grantee"). RECITALS: A. Grantor is the owner of real property located in the Scottsville Magisterial District of Albemarle County,Virginia,identified on the current tax maps as parcel 076M1-00-00-00200,and is further designated as Parcels One,Two and Three on a plat entitled"Consolidation Plat Showing 65.870 Acres, Being the Lands of 5th Street Station Ventures, LLC, Lying in the City of Charlottesville&County of Albemarle Virginia,"by Kirk Hughes &Associates, dated October 9, 2015, last revised November 18, 2015, and recorded in the Clerk's Office of the Circuit Court for Albemarle County, Virginia, in Deed Book 4704,page 546, 549(the"Consolidation Plat"). B. Thereafter,a Plat entitled"Plat Showing 5th Street Station Parkway and Parcel'C' Hereby Dedicated for Public Use, and Greenway Parcels 'A' and `B', Being a Division of the Lands of 5th Street Station Ventures, LLC and New Public Access Easements and Various Utility Easements across the Lands of 5th Street Station Ventures, LLC and Avon Holdings LLC,"lying in the Scottsville Magisterial District, Albemarle County Virginia,by Kirk Hughes &Associates, dated June 30, 2016, last revised on August 24, 2016, and was recorded in the Clerk's Office of 1 Version:05/23/19 the Circuit Court of Albemarle County,Virginia at Deed Book 4814,page 522 to 541 (the "2016 Dedication Plat"). C. The 2016 Dedication Plat showed certain existing storm drainage easements on it, but a deed of easement conveying such easements was not recorded. D. In the meantime, a new plat prepared by Kirk Hughes & Associates entitled "Plat Showing New Water Line Easement and Revised Water Line Easements to be Dedicated to the Albemarle County Service Authority and a New Storm Drainage Easement to be Dedicated to Public Use Across the Lands of 5th Street Station Ventures, LLC, Scottsville Magisterial District, Albemarle County Virginia,"dated October 9, 2018,revised on December 21,2018,was attached to a Deed of Easement and Vacation dated as of October 30,2019 by and between 5th Street Station Ventures,LLC and the Albemarle County Service Authority,recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia at Deed Book 5249 , page 11-21 (the "Easement Plat"). The Easement Plat also shows certain storm drainage easements to be dedicated to public use,and the Grantor desires to convey such storm drainage easements shown thereon and as shown on the 2016 Dedication Plat, to the Grantee. E. It is the desire and intent of the Grantor to dedicate, grant and convey the Easement(as hereinafter defined) for public use in accordance with this Deed of Dedication and'Easement. F. 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 hereby GRANTS, CONVEYS, and DEDICATES to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its 2 Version:05/23/19 successors and assigns, a perpetual exclusive easement in the areas shown as "D/E NEW STORM DRAINAGE EASEMENT," "D/E," and "STORM DRAINAGE EASEMENT," on the 2016 Dedication Plat; and the areas shown as"NEW—DIE,""NEW—DIE NEW STORM DRAINAGE EASEMENT," "NEW STORM DRAINAGE EASEMENT," "D/E," and "EXISTING STORM DRAINAGE EASEMENT"on the Easement Plat, such areas to be collectively referred to herein as the`Basement Areas," and 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 within the Easement Areas 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. :OOwnership of theAmprovementss 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 npect,,maintain and�,operate the Improvements., The Grantee may enter the Easement to inspect,maintain and operate the Improvements. 5. Right Grantee to disturb and maintain the:Easementpremises. 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 3 Version:05/23/19 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 taseriieiit. 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 rightloassign. The Grantee shall have the right to assign this Easement as its interests may require. 4 Version:05/23/19 10. :Binning 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. [The remainder of this page is left blank intentionally. Signature pages follow.] 5 Version:05/23/19 0 . IN WITNESS WHEREOF, each of the parties has caused this Deed of Dedication and Easement to be executed on its behalf by its duly authorized agent. . , GRANTOR: 5TH STREET STATION VENTURES,LLC, a Delaware limited liability company By: 5TH STREET STATION VENTURES MANAGER, LLC, a q:itgia limited liability dOitpa ; its Manager By , . , ! '.? ' : ' , : ;:', , '. , . ,/i' ' \ •S' :lid ,Ii44.ollifis„Manager STATE OF ClepoRie_ CITY/COUNTY OF r`"' CAD'ibMit - 1: -_ 'The:.ibidg-tiin' g itistruititntwas:UklioWlecige4 lvt-ore nv,,this :1:5 :oy 2019,by Stephen J. Collins, as Manager of 5th Street Station Ventures Manager, LLC, a Georgia limited liability company, the Manager of 5th Street Station Ventures, LLC, a Delaware limited liability company, on behalf of such company. Notary Public My Commission Expires; - 41 .g2- a .,,omis,,,,...-/,,,, ..,.. Ai? -_-,:v.!.;. --, :...4. Ii07'„e '014:1,V3 ---::- z: (7") Z -.d,9;• 0 -.;-._. _IC Registration number: :"--::,.::V4 41276726 4 .•,/°.0)iltv.W`G.057e , 11!",:ilif 11 I l'ili0 SIGNATURES CONTINUE ON THE FOLLOWING PAGE , . 6 Version:05/23/19 GRANTEE: COUNTY,: ALBEMARLE,VIRGINIA r i_:. 't .By: `, ___- :if" ,ey-B. Richardson ,._ ounty Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Q,a,1r _Sv it ICE: The foregoing instrument was acknowledged before me this'aJS"day of J om2m b,r-, aotc-1 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. NotaryiPublic - -_ My Commission Expires:'C.c. _.31 ".).C.Q.B Registration number::it.93' °?,---it,',}_ CH-ERYL L.-SKEEN' - NOTARY PUBLIC REGISTRATION#7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXP,,I,RES _ _OCT,O,B.ER�3r1-;.2:023;:-• - - - -- Approved as to Form: 1 1/25,.f 20l Ci 4. gi L-) County Attorney Date 41276726 4 7 1 Version:05/23/19