HomeMy WebLinkAboutSUB201800195 Review Comments 2019-11-12 Andy Reitelbach
From: Andy Herrick
Sent: Tuesday, November 12, 2019 2:58 PM
To: Andy Reitelbach
Subject: RE: SUB2018-00195 5th Street Station Easement Plat
Attachments: 5thStStation-DeedofDedicationandEasementforStormDrainage_10-31-2019.docx
Andy,
Thanks for your message. The attached deed needed only very minor revisions. Let me know of any
questions. Thanks.
Andy Herrick
Deputy County Attorney
Notice.This email may contain attorney-client privileged information,pnvileged work product,or other confidential information.It is intended only for the designated
recipient.If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by
mistake Thank you.
From:Andy Reitelbach<mreitelbach@albemarle.org>
Sent:Tuesday, November 5, 2019 5:21 PM
To:Andy Herrick<aherrick@albemarle.org>
Subject:SUB2018-00195 5th Street Station Easement Plat
Good afternoon Andy,
Please find attached documents related to SUB2018-00195,5th Street Station easement plat. (This is the plat and
associated documents that Kirk Hughes contacted you about last week.)
The plat has been reviewed by staff and is ready to be signed once the other associated documents are ready for
approval as well.The other three attachments are documents provided to me by Valerie Long at Williams Mullen,
related to the deed of dedication for the storm drainage easement.The following is a list of the attached documents
(descriptions provided by Valerie Long):
1. Draft Deed of Dedication and Easement for Storm Drainage
2. Copy of the draft plat (this is referenced in the draft Deed of Dedication and Easement as the
"Easement Plat")
3. Copy of the recorded 2016 Dedication Plat, which is referenced in the draft Deed of Dedication and
Easement as the "2016 Dedication Plat"
4. Copy of the fully-executed, but not yet recorded Deed of Easement and Vacation for the water and
sewer lines
Please let me know if you have any questions.
Best regards,
Andy
Andrew Reitelbach'
Senior Planner
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Albemarle County
Community Development Department
401 McIntire Road
Charlottesville,VA 22902
areitelbach@albemarle.org
434.296.5832 x3261
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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 1
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 day of
, 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
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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 , page (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
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successors and assigns, a perpetual exclusive easement in the areas shown as "D/E NEW STORM
DRAINAGE EASEMENT," "DIE," and "STORM DRAINAGE EASEMENT," on the 2016
Dedication Plat; and the areas shown as"NEW—D/E,""NEW—D/E 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 "Easement 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. 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
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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.
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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.
[The remainder of this page is left blank intentionally. Signature pages follow.]
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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 Georgia limited liability company, its Manager
By:
Stephen J. Collins, Manager
STATE OF
CITY/COUNTY OF .
The foregoing instrument was acknowledged before me this day of ,
2019, by Stephen J. Collins, as Manager of 5tn 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:
Registration number:
41276726_4
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA
By:
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF .
The foregoing instrument was acknowledged before me this day of ,
by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
Notary Public
My Commission Expires:
Registration number:
Approved as to Form:
County Attorney Date
41276726_4
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