The URL can be used to link to this page

Home My WebLink AboutSUB201800195 Easements 2019-12-02 (2) • Official Receipt -- lull ? Albemarle Circuit Court ` x=�®�=! Jon R. Zug \�""'2 501 E. Jefferson St ' '`'` Charlottesville, VA 22902 (434) 972-4083 Receipt For : VALERIE LONG Cashier : MEB Instrument Type : DE Receipt# : 2019-050103 Instrument# : 201900013208 Date 12/02/2019 11:14am Book/Page : 05249 /0011-00021 Pages : 11 # Plat Pages : 3 Document : 1 of 1 1st Grantor . 5TH STREET STATION VENTURES LLC Ex : Y 1st Grantee : ALBEMARLE COUNTY SERVICE AUTHORITY 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 1 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 5.00 301 Clerk Fee 3 13.50 40.50 145 VSLA 3 1.50 4.50 106 TTF 3 5.00 15.00 442 Overage 1 1.00 1.00 Document 1 83.00 Grand Total 83.00 Check 573388 -83.00 Balance 0.00 Customer Copy • VIRGINIA LAND RECORD COVER SHEET FORM A-COVER SHEET CONTENT Instrument Date: 10/31/2019 Instrument Type: DE Number of Parcels: 2 Number of Pages: 8 [ ]City[XICounty ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [>1 Grantor: 58.1-811 (A)(10) [>I Grantee: 58.1-811 (A)(11) Consideration: $10.00 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: Original Page Number: Original Instrument Number: Prior Recording At:[ ]City[ ]County Percentage In This Jurisdiction: - --_ 100% BUSINESS/NAME 1 PI Grantor: 5TH STREET STATION VENTURES, LLC Grantor: 1 XI Grantee: ALBEMARLE COUNTY SERVICE AUTHORITY [ ]Grantee: - GRANTEE ADDRESS Name: ALBEMARLE COUNTY SERVICE AUTHORITY Address: 168 SPOTNAP RD, City: CHARLOTTESVILLE State: VA Zip Code: 22911 Book Number: - _ Page Number: Instrument Number: - Parcel Identification Number(PIN): 076M1-00-00-00200 - Tax Map Number: N/A -- Short Property Description: SEE INSTRUMENT 5TH STREET STATION Current Property Address: 5TH STREET STATION PARKWAY City: CHARLOTTESVILLE State: VA Zip Code: 22911 - Instrument Prepared By: WILLIAMS MULLEN Recording Paid By: VALERIE LONG Recording Returned To: VALERIE LONG Address: WILLIAMS MULLEN 321 EAST MAIN ST, SUITE 400 City: CHARLOTTESVILLE State: VA Zip Code: 22902 1 114 , . „ FORM CC-1570 Rev:7/15 Page 1 of 2 CoverSheetA §§17.1-223,17.1-227.1,17.1-249 Copyright 2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved VIRGINIA LAND RECORD COVER SHEET FORM C—ADDITIONAL PARCELS Instrument Date: 10/31/2019 Instrument Type: __ __DE__ Number of Parcels: 2 Number of Pages: 8 [ ]City pQ County ALBEMARLE PARCELS IDENTIFICATION OR TAX MAP Prior Recording At: [ ]City[ ]County Percentage In This jurisdiction: 100% Book Number: ..._ Page Number: _ Instrument Number: ._ - Parcel Identification Number(PIN): 076M1-00-00-00261._ (Area Above Reserved For Deed Stamp Only) Tax Map Number: N/A Short Property Description: SEE INSTRUMENT___ 5TH STREET STATION ._ ._ Current Property Address: STH.$TREET,STATI-QN.PARKWAY City: CHARLOTTESVILLE State: VA Zip Code: 22911 Prior Recording At: [ ]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: Zip Code: Ilin 7 iii iii II y A ,• 1 ill if ) . lia 1 L ' a . . 1 i al all • I ar ' iiiii I jtisla FORM CC-1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§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. 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 076M 1-00-00-002B I This deed is exempt from taxation under Virginia Code§58.1-811(A)(3). DEED OF EASEMENT AND VACATION THIS DEED OF EASEMENT AND VACATION(this"Deed")is made as of this 3 day of t&±-012Pi►'' , 2019 by and between 5TH STREET STATION VENTURES, LLC, a Delaware limited liability company,as grantor(the"Grantor"),and the ALBEMARLE COUNTY SERVICE AUTHORITY,a political subdivision of the Commonwealth of Virginia(the"Grantee," and sometimes referred to as the "ACSA"), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. 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 076M 1-00-00-00200,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"5t"Street Station Parkway and Parcel"C"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 the Circuit Court of Albemarle County, Virginia at Deed Book 4814,page 522 to 541 (the "2016 Dedication Plat"). 1 C. The 2016 Dedication Plat showed certain utility easements on it, but a deed of easement conveying such easements was not recorded. D. In the meantime,a new plat was prepared that shows new water and sewer line easements and revised water line easements to be dedicated,and the Grantor desires to convey such water and sewer line easements and vacate a water line easement as shown thereon. NOW, THEREFORE, in consideration of the premises and the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged,Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the ACSA, its successors and assigns, perpetual, exclusive easements over all the areas shown as"WL/E,"and"SS/E"on the 2016 Dedication Plat, and on the areas shown as"WL/E,""EXISTING WL/E,""REV-WL/E"or"NEW WL/E"on the plat prepared by Kirk Hughes&Associates entitled"Plat Showing New Waterline 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, attached hereto and recorded herewith (the "Easement Plat"), to construct, install, maintain, repair, replace and extend water and sewer lines, consisting of pipes and appurtenances thereto,over,under,and across the Easement Areas(as defined below),PROVIDED, HOWEVER,that it is expressly understood and agreed that the Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until such time as the same shall have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Grantee. The areas shown as "WL/E" and "SS/E" on the 2016 Dedication Plat, and "WL/E," "EXISTING WL/E,""REV-WL/E"and"NEW WL/E"on the Easement Plat are collectively referred to herein as the"Easement Areas,"or the"Easements." Reference is made to the 2016 Dedication Plat and the Easement Plat for the exact location and dimensions of the Easement Areas and the Easements hereby granted and the property over which the same crosses. 2 As a part of these Easements,the Grantee shall have the right to enter upon the Easement Areas for the purpose of constructing,installing,maintaining,repairing,replacing and extending water and sewer lines and appurtenances thereto within the Easement Areas,and the right to ingress and egress thereto as reasonably necessary to construct,install,maintain,repair,replace and extend such water and sewer lines. If the ACSA is unable to reasonably exercise the right of ingress and egress over the right-of-way, the ACSA shall have the right of ingress and egress over the property of Grantor adjacent to the right-of-way. Whenever it is necessary to excavate earth within such Easement Areas, the ACSA agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation. Grantor, its respective successors or assigns, agrees that no trees,shrubs,fences,buildings,overhangs or other improvements or obstructions shall be placed within the Easements conveyed herein. The Easements provided for herein shall include the right of the ACSA to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe water and sewer line installation,operation and maintenance. The ACSA shall have no responsibility to the Grantor, its successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery and obstructions that are removed or otherwise damaged. The facilities constructed within the Easement Areas shall be the property of the Grantee which shall have the right to inspect, rebuild, remove,repair, improve and make such changes, alterations and connections to, or extensions of its facilities within the Easement Areas as are consistent with the purposes expressed herein. The Grantor hereby transfers and dedicates to the Grantee, its successors and assigns, all of its right, title or interest in the water and sewer lines, pipes and appurtenances thereunto pertaining. 3 The Grantee hereby quitclaims and releases to Grantor all of its right, title, and interest,if any, arising under the water line easements shown as "WL/E VAC" on the Easement Plat. [SIGNATURE PAGES IMMEDIATELY FOLLOW] WITNESS the following signatures: GRANTOR: 5TH STREET STATION VENTURES, LLC, a Delaware limited liability company By: 5TH STREET STATION VENTURES MANAGER, LLC, a Georgia limited liability company, its Manager By: hen J. ms, Manager STATE OF 6-eor3(Q. CITY/COUNTY OF Coupe & . The foregoing instrument was acknowledged before me this 30 day of Oc obes' , 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 Lux, liability company, on behalf of such company. /41 4111) Notary Public Q My Commission Expires: 1 �'.'..o�misg,Gf':�, G O NOT •.p's Registration number: 'o z s 4•s� -0 N [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 4 GRANTEE: ALBEMARLE COUNTY SERVICE AUTHORITY By: Printed Name: "2i eJ 4 L7A-r,-- Title: _Actl E,cec-o►;vc Director STATE OF ''((// /�‘; ; ____� T foregoing i slrument was kn wledge efore iiS- 0 day o , 2019 by i't ,as J r s / ec L= 2. of the Albemarle County Service Authority, on its behalf. =-24 l Notary Public My Commission Expires: 31 3( e70 Registration number:7('7 333'? 5 OWNER'S CONSENT: I B � •ar e , ALBEMARLE COUNTY APPROVAL THE PLATTING OR DEDICATION OF THE LAND DESCRIBED BEING A NEW 4ALBEMARLE COUNTY BOARD OF SUPERVISORS WATER UNE EASEMENT, REVISED WATER UNE EASEMENTS, AND A NEW 4,. ' `:. `� Cam\ STORM DRAINAGE EASEMENT IS WITH THE FREE CONSENT AND IN �_ a. ,t J «12411 ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, ril ,d', 9 DEyGAA�� DATE PROPRIETORS, AND TRUSTEES, IF ANY. • �W '` (SUB-201800195) 5TH STREET STATION VENTURES, LLC, NOTES: �CY'*5-- ' '� A DELAWARE UNITED LIABILITY COMPANY 'lli OF 1.) OWNERS: �y �� iid D14 BY: 5TH STREET STATION VENTURES MANAGER, LLC, 5TH STREET STATION VENTURES, LLC .I. <4 1 G' A GEORGIA UNITED LIABILITY COMPANY, 5 WEST BROAD STREET, SUITE B TIP 78Y1-2 �' #•ii ITS MANAGER FAIRBURN, GA 30213 _ 5 ® OG.V. "c•.."HUGHES ' IMP 076M1 00 00 002B1 AND BY: IMP 076M1-00-00-00281WA LW. NO. 1458 NAME: STEP J. C ER �.�ANON 010,01 y�q D.B. 4578, PG. 605 ( ` �~ I.. /Z•Zt l4 VICINITY MAP y,T90 „.cs,�. D.B. 4814, 522, 531 (PLAT) SCALE: 1' = 2000' t4.4, �qo* r,N= SURD CERTIFICATE OF ACKNOWLEDGMENT OF SIgNATt n0�� _ 2.) THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND MAY NOT INDICATE ALL /, pQ811C ..:...3.� ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. STATE OF (3e --a, `O•1j_2p1:n Q�� 3.) THE INTENT OF THIS PLAT IS TO CREATE AND DEDICATE TO PUBLIC USE A NEW DRAINAGE EASEMENT PLAT SHOWING CITY/COUNTY OF ju .. . .0 ` -,7ouNTI,G��`� (NEW-D/E)AS SHOWN HEREON. IT IS FURTHER THE INTENT TO CREATE A NEW WATER UNE EASEMENT THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 0 (NEW-WL/E),TO REVISE EXISTING WATER UNE EASEMENTS (REV-WL/E),AND TO VACATE THOSE PORTIONS OF THE NEW WATER LINE EASEMENT DAY OF 4J,4 J7 , 201 BY STEPHEN J. COWNS, AS MANAGER OF EXISTING WATER UNE EASEMENTS (WL/E-VAC) AS SHOWN HEREON. EASEMENTS BEING REVISED OR VACATED CAN 5TH STREET STATION VENTUR MANAGER, LLC, A GEORGIA LIMITED LIABILITY BE FOUND ON SHEET 5 OF 10 OF PLAT RECORDED IN DEED BOOK 4814, PAGE 522 WITH PLAT BEGINNING AT AND COMPANY,THE MANAGER OF 5TH STREET STATION VENTURES, LLC,A PAGE 531 AS SHOWN HEREON. THE DEVELOPER RESERVES ALL THOSE WATER LINE SEWER EASEMENTS THAT WILL DELAWARE UNITED LIABILITY COMPANY. BE REQUIRED BY A.C.SA IN ORDER TO ASSUME THE MAINTENANCE RESPONSIBILITY FOR SAID EASEMENTS. SAID REVISED WATER LINE EASEMENTS AC.SA UTILITY EASEMENTS ARE TO BE CENTERED ON THE AS BUILT LOCATIONS OF LINES AND APPURTENANCES. TO BE DEDICATED TO THE 4.) COUNTY ZONING PD-SC (PLANNED DEVELOPMENT SHOPPING CENTER) AND SUBJECT TO ZMA-2009-00001 AND SUP 2010-00003. ALBEMARLE COUNTY SERVICE AUTHORITY 5.) THE PROPERTY DOES NOT UE WITHIN A WATER SUPPLY PROTECTION AREA NOR DOES IT UE WITHIN AN LEGEND: AGRICULTURAL-FORESTAL DISTRICT. AND A D.B. = DEED BOOK 6.)A PORTION OF THE PROPERTY SHOWN HEREON IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION NEW STORM DRAINAGE EASEMENT PG. = PAGE 'AE'BY THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ON FLOOD INSURANCE RATE MAPS NUMBER WL/E = EXISTING ACSA WATERUNE EASEMENT 51003CO269D AND 0288D WITH AN EFFECTIVE DATE OF FEBRUARY 4, 2005 IN ALBEMARLE COUNTY, STATE OF TO BE DEDICATED TO PUBLIC USE D.B. 4814, PG. 522, 531 (PLAT) VIRGINIA, WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH THE PREMISES IS D/E = EXISTING STORM DRAINAGE EASEMENT SITUATED. THE RDA/UNDER OF THE PROPERTY IS LOCATED IN AN AREA HAVING A ZONE DESIGNATION OF X. A ACROSS THE LANDS OF D.B. 4814, PG. 522, 531 (PLAT) LETTER OF MAP REVISION (LOMR) WAS PREPARED BY BOHLER ENGINEERING FOR S.J. COWNS ENTERPRISES, LLC 5TH STREET VENTURES, LLC SS/E = EXISTING ACSA SANITARY SEWER EASEMENT AND RTVERBEND MANAGEMENT, LLC ON JANUARY 31, 2018 TO UPDATE THE PREVIOUSLY REPORTED FLOOD PLAIN D.B. 4814, PG. 522, 531 (PLAT) UNITS AND FLOOD PLAIN UNITS AND FLOODWAY LOCATED ALONG MOORE'S CREEK, DOWNSTREAM OF THE SCOTTSVILLE MAGISTERIAL DISTRICT NEW-D/E = NEW STORM DRAINAGE EASEMENT CONVERGENCE OF MOORE'S CREEK AND BISCUIT RUN, WITHIN THE 5TH STREET COMMERCIAL DEVELOPMENT. THE REVIEW/APPROVAL STATUS OF THE LOMR ARE NOT KNOW. ALBEMARLE COUNTY, VIRGINIA NEW-WL E= NEW ACSA WATERUNE EASEMENT 7.) BEARINGS AND DISTANCES FOR WATERUNE EASEMENTS ARE ANNOTATED ALONG THE CENTERLINE OF SAID OCTOBER 9, 2018 EASEMENTS. IT IS THE INTENT OF THESE EASEMENTS TO BE 10' FEET FROM THE CENTER OF THE ASBUILT DECEMBER 21, 2018 (REVISED) REV-WL E= REVISED ACSA WATERLINE EASEMENT LOCATION AND HAVING A TOTAL WIDTH OF 20' UNLESS NOTED OTHERWISE. BEARINGS AND DISTANCES FOR STORM DRAINAGE EASEMENTS ARE ALONG THE EXTERIOR OF SAID EASEMENT AS SHOWN HEREON. KIRK HUGHES & ASSOCIATES 8.) PROPERTY SUBJECT TO A STORMWATER MANAGEMENT/BMP MAINTENANCE AGREEMENT RECORDED IN DEED BOOK LAND SURVEYORS AND PLANNERS E-VAC = EXISTING ACSA WATERLINE EASEMENT 4668, PAGE 351. 220 EAST HIGH STREET \\\• PORTION HEREBY VACATED 9.)AS PER THE ALBEMARLE COUNTY OFFICE OF GEOGRAPHIC DATA SERVICES THIS PROPERTY IS WITHIN THE CHARLOTTESVILLE, VIRGINIA 22902 IMP = TAX MAP AND PARCEL ID NUMBER AIRPORT IMPACT AREA (AA), DAM INUNDATION ZONE, ENTRANCE CORRIDOR, FLOOD HAZARD OVERLY, STEEP (434) 296-6942 SLOPES-MANAGED,AND STEEP SLOPES-PRESERVED DISTRICTS. R/W = RIGHT OF WAY \SURVEYS\5TH STREET STATION WEGMANS\EASEMENT-ROW\2015147-05.DWG A.C.SA= ALBEMARLEGHT COUNTY SERVICE AUTHORITY 10.) THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY PLOTTED: 3/15/2019 WATER PROTECTION ORDINANCE. SHEET 1 OF 3