HomeMy WebLinkAboutSUB202000211 Easements 2021-09-09This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia22902
Parcel ID Numbers: 03200-00-00-020A1, 03200-00-00-020A2, 03200-00-00-02300, 03200-00-00-023F0, 03200-
00-00-023G0, 03200-00-00-023HO and 03200-00-00-023JO
This deed is exempt from taxation under Virginia Code § 59.1-811(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?O day of
20 ZL is by and between NORTH POINTE CHARLOTTESVILLE, LLC and CWH
PROPERTIES LIMITED PARTNERSHIP, Grantors, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.
WITNESS:
WHEREAS, the Grantors are the owners of that certain real property located in Albemarle
County, Virginia, more particularly described as follows:
That certain real property shown and designated as "20' DRAINAGE EASEMENT HDPU
5,688 SQ. FT.", "20' DRAINAGE EASEMENT HDPU 3,165 SQ. FT.", "20' DRAINAGE
EASEMENT HDPU 1,826 SQ. FT.", "VARIABLE WIDTH DRAINAGE EASEMENT
HDPU AND TO BE AUTOMATICALLY EXTINGUISHED UPON RECORDATION
OF SECTION 113 56,874 SQ. FT.", "VARIABLE WIDTH DRAINAGE EASEMENT
HDPU 2,444 SQ. FT.", "VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT
HDPU 8,629 SQ. FT.", "VARIABLE WIDTH DRAINAGE EASEMENT HDPU 293 SQ.
FT." and "VARIABLE WIDTH DRAINAGE EASEMENT HDPU 183 SQ. FT."
(collectively hereinafter, the "Easement"), shown on the plat of Townes Site Engineering,
dated July 28, 2021, entitled "PLAT OF (3) 20' DRAINAGE EASEMENTS, (2)
VARIABLE WIDTH SWMBMP & DRAINAGE EASEMENTS, 16' ACSA ACCESS
EASEMENT, VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT, (4)
VARIABLE WIDTH DRAINAGE EASEMENTS, 20' SANITARY SEWER
EASEMENT, (2) VARIABLE WIDTH ACSA SANITARY SEWER EASEMENTS,
VARIABLE WIDTH LINE OF SIGHT EASEMENT, (2) VARIABLE WIDTH
DRAINAGE EASEMENTS AND 0.11 ACRE OF LAND ACROSS THE PROPERTY OF
NORTH POINTE CHARLOTTESVILLE LLC & CWH PROPERTIES LIMITED
PARTNERSHIP RIVANNA 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 Nos. 03200-00-00-020A1 and 03200-00-00-020A2, conveyed to Grantor
CWH Properties Limited Partnership by deed recorded in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia in Deed Book 2309, page 419, and as Albemarle County Parcel
ID Nos. 03200-00-00-02300, 03200-00-00-023170, 03200-00-00-023G0, 03200-00-00-0231-10,
and 03200-00-00-023J0, conveyed to Grantor North Pointe Charlottesville, LLC by deed
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
5432, page 396 (collectively hereinafter, the "Property');
WHEREAS, it is the desire and intent of the Grantors 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 Grantors 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 Grantors do 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 Grantors do hereby GRANT,
CONVEY, and DEDICATE to public use the Improvements.
The Easement shall be subject to the following:
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.
2
Right of ingress and egress. The Grantee shall have the right and easement of ingress
and egress over any lands of the Grantors 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 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 Grantors to maintain the Easement premises. The Grantors 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 Grantors 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 Grantors nor any person acting under the Grantors' 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.
Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
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 Grantors, the Grantee, and their
successors and assigns. All references herein to the "Grantors" 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.
WITNESS the following signatures.
SIGNATURES BEGIN ON THE FOLLOWING PAGE
rd
GRANTOR: NORTH POINTE CHARLOTTESVILLE, LLC
BY: Great Eastern Management Company, Its Manager
David G. Mitchell
Assistant Secretary for Execution of Documents
COMMONWEALTH O V RGINIA
CITY/COUNTY OF��QyyY,v�¢
The foregoing instrument was acknowledged before me this 30`day of �-
203L by David G. Mitchell, Assistant Secretary for Execution of Documents, on befealf of
Great Eastern Management Company, Manager of Nort n. rP Charlotte ille, LLC, Grantor.
My Commission Expires:.] ux► 30 2
Registration number: 17'7 $Q2q Shannon Coryn Hodkinson
Notary Public
Commonwealth of Virginia
Reg. #7778029
MY Comm. Exp. June 30, 20?^
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
GRANTOR: CWH PROPERTIES LIMITED PARTNERSHIP
BY: Towers Limited Partnership, General Partner
BY: Great Eastern Management Company, It. Manager
B
David G. Mitchell
Assistant Secretary for Execution of Documents
COMMONWEALTH O VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this 9044' day of
20gd_ by David G. Mitchell, Assistant Secretary for Execution of Documents, on alf of
Great Eastern Management Company, Manager of Towers Limited Partnership, General Partner
of CWH Properties Limited Partnership, Grantor.
My Commission Expires: -, el. 01967-1 1
Registration number: 77780 29
Notary
Shannon Coryn Hodkinson
Notary Public
Commonwealth of Virginia
Reg. #7778029
My Comm. Exp. June 30, 2022
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
l3
GRANTEE:
M
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
Executive
VIRGINIA
The foregoing instrument was acknowledged before me this (1 � day of
2o7A by Jeffrey B. Richardson, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
�Nots Pu lic
My Commission Expires: C>&I__
Registration number:-1153'I6Q- =REGISTRATION
SKEEN
UBLIC
# 7153762
OF VIRGINIA
N EXPIRES
Approved as to form: 1 2023
"U ZA,.��
t 'q�
County A orney Date
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers: 03200-00-00-020A1, 03200-00-00-020A2, 03200-00-00-02300, 03200-00-00-023F0, 03200-
00-00-023G0, 03200-00-00-023HO and 03200-00-00-023JO
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, day ofAuy(, 20 ZI , is by and
between NORTH POINTE CHARLOTTESVILLE, LLC and CWH PROPERTIES
LIMITED PARTNERSHIP, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, a
political subdivision of the Commonwealth of Virginia, Grantee,
WITNESS:
WHEREAS, the Grantors are the owners of that certain real property located in Albemarle
County, Virginia, more particularly described as follows:
That certain real property shown and designated as "VARIABLE WIDTH SWMBMP &
DRAINAGE EASEMENT HDPU 47,527 SQ. FT.", "16' ACCESS EASEMENT HDPU
3,061 SQ. FT." and "VARIABLE WIDTH SWMBBMP & DRAINAGE EASEMENT
HDPU 73,791 SQ. FT." (collectively hereinafter, the "Easement") on the plat of Townes
Site Engineering, dated July 28, 2021, entitled "PLAT OF (3) 20' DRAINAGE
EASEMENTS, (2) VARIABLE WIDTH SWMBMP & DRAINAGE EASEMENTS, 16'
ACSA ACCESS EASEMENT, VARIABLE WIDTH SLOPE & DRAINAGE
EASEMENT, (4) VARIABLE WIDTH DRAINAGE EASEMENTS, 20' SANITARY
SEWER EASEMENT, (2) VARIABLE WIDTH ACSA SANITARY SEWER
EASEMENTS, VARIABLE WIDTH LINE OF SIGHT EASEMENT, (2) VARIABLE
WIDTH DRAINAGE EASEMENTS AND 0.11 ACRE OF LAND ACROSS THE
PROPERTY OF NORTH POINTE CHARLOTTESVILLE LLC & CWH PROPERTIES
LIMITED PARTNERSHIP RIVANNA 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. 03200-00-00-020A1 and 03200-00-00-020A2, conveyed to Grantor CWH
Properties Limited Partnership by deed recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 2309, page 419, and as Albemarle County Parcel ID
Version: 05/23/19
No. 03200-00-00-02300, 03200-00-00-023F0, 03200-00-00-023G0, 03200-00-00-023HO and
03200-00-00-023J0, conveyed to Grantor North Pointe Charlottesville, LLC by deed recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5432, page
396 (collectively hereinafter, the "Property");
WHEREAS, the Grantors and the Board of Supervisors of Albemarle County, Virginia have
entered into agreements entitled "Agreement to Maintain Stormwater Management Facilities and
Other Techniques" (hereinafter, the "Maintenance Agreements"), recorded in the Clerk's Office
in Deed Book 5077, page 399, and in Deed Book 5209, page 15, in which the Grantors have
agreed to construct and maintain on -site stormwater management/BMP facilities; and
WHEREAS, the Maintenance Agreements provide in part that the Grantors 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 Agreements also provide in part that, if either Grantor, its
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 Grantors to dedicate, grant and convey the
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 Grantors do 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 easements as shown on the Plat.
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 that the
parties have agreed it may perform under the Maintenance Agreements.
2. Ownership of the facilities. The stormwater management/BMP facilities required to be
constructed and maintained by the Grantors under the Maintenance Agreements shall be and
remain the property of the Grantors. This Deed of Dedication and Easement shall not be
Version: 05/23/19
construed to be an assumption of ownership or control by the Grantee over the stormwater
management/BMP facilities subject to the Maintenance Agreements.
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 Agreements.
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 Grantors, the Grantee, and their successors and
assigns. All references herein to the "Grantors" 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 either 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 Grantors shall mitigate for
any loss of nutrient credit reductions provided in the stormwater calculations for the Property
described in the Maintenance Agreements 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 Grantors, 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.
Version: 05/23/19
WITNESS the following signatures.
GRANTOR: NORTH POINTE CHARLOTTESVILLE, LLC
BY: Great Eastern Management Company, Its ager
B .
avl G. Mitchell
Assistant Secretary for Execution of Documents
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF. ;Uiemydc
The foregoing instrument was acknowledged before me this Qlday of
2021 by David G. Mitchell, Assistant Secretary for Execution of Documents, on behalf of
Great Eastern Management Company, Manager of North Pointe Charlottesville, LLC, Grantor.
My Commission
Registration number: 77"1 `itD 29 Shannon Coryn Hodkinson
Notary Public
Commonwealth of Virginia
Reg.#E7778029
MY Comm. Exp. June 30, 20r
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version: 05/23/19
GRANTOR: CWH PROPERTIES LIMITED PARTNERSHIP
BY: Towers Limited Partnership, General Partner
BY: Great Eastern Management Company,, Its Manager
BY: /
David G. Mitchell
Assistant Secretary for Execution of Documents
COMMONWEALTH O VIRGINIA
CITY/COUNTY OF �6„, le
The foregoing instrument was acknowledged before me this 3041tlay of
20_Zj_ by David G. Mitchell, Assistant Secretary for Execution of Documents, on b if of
Great Eastern Management Company, Manager of Towers Limited Partnership, General Partner
of CWH Properties Limited Partnership, Grantor. I
My Commission Expires:
Registration number: —f77 817Lq z
on COryn HodkinNotaly Public
onweaa fth W VIrgir,:: .
Reg #777802,
My Comm.
P. dune 30, 2r;
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 05/23/19
GRANTEE:
9effrey B. Richarc
County Executive
COMMONWEALTH OF VIRGINIA
CITYAGQi dui' OF C1{IL2LDT C�SVIi l E:
k
The foregoing instrument was acknowledged before me this (day of Se Le±
p L by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
L-
No ry Public
My Commission Expires: ,�. z._ apa3
Registration number:
Approved as to Form:
► Scn�. 2D1 I
County Attomey Date
0
ECHERYL L. SKEEN
NOT
PUBLIC
REGISTRATION #7153762
COMMONWEALTH OF VIRGINIA
MY OCTOSES31N 2D23RE5
Version: 05/23/19