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Home My WebLink AboutSDP202000042 Other 2021-01-20 (2)202100001119.001 VIRGINIA LAND RECORD COVER SHEET Common%wallh of Virginia VA. CODE §§ 17.1-223, -227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date: ... l/12/2021 ................... Instrument Type: DE............................................................. Number of Parcels: ............. Number of Pages: ....... §........ [ ] City [X] County ALBEMARLE ....................................................................... CIRCUITCOURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION Grantee Address Name: ALBEMARLE COUNTY SERVICE AUTHORITY ............................................................................................................................... OTAP O Address: .. I .. 68 ..........SP........N...........R...AD ..................................................................................... City: CHARLOTTESVILLE................................ State: ....... `.!A. Consideration: $0.:.00.... --- ............. Existing Debt: $0:.°.°.................. PRIOR INSTRUMENT UNDER § 58.1-803(D): RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CI Ff2K OF CIRCUIT COURT FILED Jan 20, 2021 AT 03:40 pm BOOK 05464 START PAGE 0559 END PAGE 0567 INST # 202100001119 TOTAL NUM PAGES -i=Q-- EMJ to (Area Above Reserved For Deed Stamp Only) Zip Code:.22911 ............................... Actual Value/Assumed: _$o:.00 Original Principal:.$o_.00 - .-$.P....0-0 ............................. Fair Market Value Increase: .......................................... Original Book No.: ........................................ Original Page No.:._..................................... Original Instrument No.:............................................ Prior Recording At: [ ] City [ ] County Percentage In This Jurisdiction: ... 100� Book Number: Page Number: ......................... Instrument Number:.. Parcel Identification Number/Tax Map Number: _09soo-oo-oo-llzoo .................................................................................................. ShortProperty Description: .............................. .................................................................................................................................. CurrentProperty Address: .................................................................................................................. ................................................... City: .CHARL0.TTESVILLE .p ................................. State:.......VA .......... Zip Code:.22901............................................... Instrument Prepared By:.`NSTIN A ...... RIT .ER Recording Paid By: RIT.TER LAW PLLC Recording Returned To: RTTER LAw PLLC .................................................................. Address: . 6 oI.0.E... WATER STREET, SUITE P 1. .......................................................................................... City: C.HARL.OTTESVILLB State:...... VA 1111 FORM CC-1570(MASTER, PAGE ONE OF ONE )10/19 O Copyright 2014 Office ofthe Executive Secretary. Supreme Coun of Virginia. All nghts reserved. Zip Code:.. 22902 Cover Sheet A 202100001119.002 Prepared by and return to: Justin A. Ritter, VSB# 82573 Ritter Law PLLC 600 E. Water Street, Suite F Charlottesville, VA 22902 (434) 218-1172 TMP#: 04500-00-00-11200 DEED OF EASEMENT FOR SANITARY SEWER FACILITIES THIS DEED OF EASEMENT is made this 12th day of January, 2021, by and between ROBIN MARIE WOOD, indexed and hereinafter defined as "Grantor", and ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision of the Commonwealth of Virginia, indexed as "Grantee", and defined as "ACSA", the "Service Authority" or the "Grantee", whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESSETH: WHEREAS, Grantor, as surviving tenant by the entirety with Stuard D. Wood, Jr. (deceased), is the owner of real property in Albemarle County, Virginia, identified as Albemarle County Tax Map Parcel 04500-00-00-11200 and further shown and designed as "TMP 45-112 Wood, Stuard R. Jr. & Margaret E. DB 1453 PG 367" (hereinafter referred to as the "Property") on the plat attached hereto, prepared by Roudabush, Gale & Associates, Inc., dated October 23, 2020, entitled "ACSA Sanitary Sewer Easement Plat, Tax Map 45, Parcel 112", made a part hereof, and recorded herewith, labeled as "Exhibit A" (the "Plat"); WHEREAS, Grantor, along with other parties owning other real property near the Property, previously conveyed a sanitary sewer facilities easement to the ACSA, pursuant to that certain Deed of Easement, dated October 3, 2018, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, Deed Book 5232, pages 243-256 ("Pre -Existing ACSA Easement"); WHEREAS, a portion of the boundary of the sanitary sewer easement granted in the Pre - Existing ACSA Easement needs to expand on Grantor's property, as specifically shown on the Plat in such area labeled as "NEW 20' ACSA SANITARY SEWER EASEMENT, CENTERED ON AS -BUILT LOCATION OF SEWER LINE" ("New Easement Area"); WHEREAS, the Service Authority is willing to accept the New ACSA Easement after the facilities to be constructed therein have been constructed in a lawful manner to its specifications, but not before; and WHEREAS, the Grantor is willing to convey to the Service Authority a perpetual easement across its land, for the maintenance and operation of such water line(s) and sanitary sewer line(s), which easement it to be accepted by the Service Authority at such time as the said water line(s) 202100001119.003 and sanitary sewer line(s) shall be accepted by it for maintenance as being constructed in accordance with its specifications. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and CONVEY, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the ACSA, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, perpetual rights -of -way and easements centered twenty (20) feet in width to construct, install, maintain, repair, replace and extend the water line(s) and sanitary sewer line(s) consisting of pipes and appurtenances thereto on, over, under and across the New Easement Area (the "Easement"); PROVIDED HOWEVER, that (i) all such water and sewer line facilities shall be installed underground except for such above -ground meter boxes, manholes and other accessories typically installed above -ground, and (ii) it is expressly understood and agreed that the Service Authority shall not be deemed to have accepted the conveyance set forth herein until such time as the same have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Service Authority. Upon request, the Grantor and/or its successors and assigns, shall promptly execute documentation of dedication that may be required by ACSA on the ACSA's standard agreement form for Dedication and as may be required for recordation among the land records for Albemarle County. Said ACSA forms provide, in part, that the Grantor gives permission to ACSA, including its authorized agents and employees, to have access and to enter upon the property to inspect the water and sewer facilities whenever the ACSA deems necessary. All landowner obligations in such agreement shall become the obligations of the Grantor. The ACSA Agreement will provide that the Grantor is not obligated under the Agreement, except to provide the permitted and required access matters stated therein. Prior to acceptance of the utilities by ACSA, the Grantor agrees to indemnify, defend and hold ACSA harmless from any liability, liens, loss or damage, including damages or injury to any person or to real or personal property, together with reasonable attomey's fees and related costs and expenses, arising out of, or resulting from the exercise of the easement rights granted herein, including any entry upon the Property by Grantor, its agents, employees, contractors, guests or invitees, arising in connection with the construction activities on this Easement. Prior to utility acceptance by ACSA, the Grantor, its successors and assigns, shall maintain in full force and effect liability insurance, in commercially reasonable amounts, covering damage to property and persons arising out of the exercise of the rights granted by the Easement until the same is tumed over to the ACSA. Grantor shall have ACSA named as a certificate holder/additional insured on the Grantor's policy or insurance prior to the commencement of any construction activity within the easement. The Grantor, its successors or assigns, agrees that trees, shrubs, fences, buildings, overhangs or other improvements or construction shall not be placed within the easements conveyed herein. As a part of these easements, the ACSA shall have the right to enter upon the above described property within the easements for the purpose of constructing, installing, maintaining, repairing, replacing and extending the water line(s) and sanitary sewer line(s), and appurtenances within such easements, and the right of ingress and egress thereto as is reasonably necessary to construct, install, maintain, repair, replace and extend such water line(s) and sanitary 2 202100001119.004 sewer line(s). If the ACSA decides in its sole discretion that it is unable reasonably to 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. Whenever it becomes necessary to excavate within any easement, the ACSA agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior excavation, including the restoration of such paved surfaces as may be damaged or disturbed as part of such excavation. 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 line and sanitary 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 or obstructions if cut, removed or otherwise damaged. The facilities constructed within the perpetual easements shall be the property of the Service Authority, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extension of its facilities within the boundaries of the permanent easement as are consistent with the purposes expressed herein. Grantor reserves the right to make use of the land subject to the rights granted, which use shall not be inconsistent with the rights hereby granted and conveyed. This conveyance is made subject to any easements, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title, which have not expired by time limitation contained therein or have otherwise become ineffective, and to matters viable upon inspection. [counterpart signature pages to follow] ki 202100001119.005 WITNESS the following signatures: a�r4 GRANTOR: Robin Marie Wood Commonwealth of Virginia City/County of At6 to -wit: The foregoing instrument was acknowledged before me on this a day of January, 2021, by Robin Marie Wood. My commission expires: q %` Notary Public 13 202100001119.006 GRANTEE: ALBEMARLE COUNTY SERVICE AUTHORITY QI Commonwgplth of Virginia City ounty o C b Moa 14� , to -wit: The foregoing instrument was acknowledged before me on this tj day of January, 2021, by Gary O'Connell, in his capacity as Executive Director of the Albemarle County Service Authority, a political subdivision of the Commonwealth of Virginia. 11 My commission expires: a �� 202100001119.007 "Exhibit A" (see attached) NOTES 1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. 2. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY DONE ON 08-03-2018 USING MONUMENTS FOUND TO EXIST AT THE TIME OF THIS SURVEY. NO BOUNDARY SURVEY WAS PERFORMED ON THE SUBJECT PROPERTY. BOUNDARY CALLS SHOWN ARE FROM RECORD PLAT INFORMATION. 3. THE AREA SHOWN HEREON IS LOCATED IN ZONE "X" AREA DETERMINED TO BE OUTSIDE 2% ANNUAL CHANCE FLOOD PLAIN AS SHOWN ON FEMA MAP NO 51003CO278D. THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS, NO ELEVATION STUDY HAS BEEN PERFORMED AS A PORTION OF THIS PROJECT. 4. A WAS CEMETERY OBSERVED ON TMP 45-112 AS SHOWN ON SHEET 2. 5. PARCELS DO NOT UE WITHIN AN AGRICULTURAL / FORESTAL DISTRICT. 6. SUBJECT PARCELS ARE LOCATED IN THE SOUTH FORK RIVANNA WATERSHED. PROPERTY DOES NOT FALL WITHIN A WATER SUPPLY PROTECTION AREA. 7. SUBJECT PROPERTY DOES NOT LIE WITHIN THE DAM BREAK INUNDATION ZONE. 8. ACSA SANITARY EASEMENTS ARE TO BE CENTERED ON AS -BUILT LOCATIONS. 9. TMP 45-112: OWNER OF RECORD:STUARD R. WOOD JR. AND ROBIN MARIE WOOD. SOURCE OF TITLE: DB 4751 PG 579. EXECUTOR OF ESTATE: MICHELLE D. WOOD METE, WILL BOOK 146, PAGE 491 AND WILL BOOK 157, PAGE 14 10. ZONING: HC (HIGHWAY COMMERCIAL), AIRPORT IMPACT ZONE, CONTAINS MANAGED STEEP SLOPES. PROFFERS:ZMA-2016-00009. VICINITY MAP SCALE: 1 "=2, 000' STATEMENT OF CONSENT THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND KNOWN BY COUNTY RECORDS AS TAX MAP 45, PARCEL 112,IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF 408 WELSH RUN RD RUCKERSVILLE, VA 22968 COMMONWEALTH OF VIRGINIA - CITY/COUNTY OF: _)ALBIE 1(� TO WIT: THE FOREGOING INSTRUMI BEFORE ME THIS S�Gk- DAY OF SIGNATURE REG. NO.: 120 A-*.�.v `cr•'" NOTARY • PUBLIC MY COMMISSION EXPIRES: � %Zz)24= R� w 120 _ o. MY ION 930FIj024 aZ ; Us%2o¢ N> Z LLZ¢QJNN ¢¢Wo aWoWz A. 0 cc:l NTLLoornVa 60 Qm0¢0�W � OrWm D mh E A00JAMISON 3342020ROR- [f LLW¢� N pz Q O �O LIJ W w W X (rr .)H- JCCWdU) <Q W U)Q OQ SHEEP: Vi OF02 -'•"*^--O:\RGA\TMPROJ\8710 -avriA�!'�J�>�UFfSITE SAN ESMT\DW6\8710 - OFFSITE ACSA ESMT (UPDATE1.dwq BOUNDARY CURVE TABLE Curve Length Radius Delta Tangent Chord Chord Bearing C1 265.06' 5705.52' 2'39'43" 132.56' 265.04' N 35'41'31" E C2 . 55.27' 5705.50' 0'33'18" 27.64' 55.27' N 37'57'30" E C3 254.36' 5693.50' 233'35" 127.20' 254.34' N 31'07'13" E _F94.50C C3 00 I S35'25'13"Wwt l 1 1 w TMP 45-112C1 - 30' VIRGINIA STRAKA FAMILY POWER EASEMENT PROPERTIES, LLC IT M DB 1538 PG 732 DB 3463 PC 500 z - ZONING=C1 ` w ' b BERKMAR DRIVE EXISTING WATERUNE VARIABLE WIDTH R/W EASEMENT DB 1453 PG 367 4'06'39"E Cl CI 49.88' �- APPROXIMATE--' _ EXTENTS OF t S42'41'37"E� CEMETERY 29.76' ; TMP 45-112E MCMAHON, BRMN J. & 20' ACSA SANITARY STEPHEN K. VON STORCH SEWER EASEMENT DB 1453 PC 367 DB 5232 PG 243 IN S4779 31"W � I � 36240' � rW i v- N35'25'13 E TMP 45-112 7N54*34'47"W .50' WOOD, STUARD R. JR & MARGARET E. ' DB 1453 PG 367 29.00' TMP 45-112G 1 HC LAND, LLC DB 4687 PC 15 NEW 20' ACSA SANITARY ZONING=Ci I SEWER EASEMENT, 1 CENTERED ON AS -BUILT LOCATION OF SEWER LINE (SHADED) o 20 ACSA SANITARY _ 2C' ACSA SANITARY ---------.__.__ SEWER EASEMENT DB 5232 PG 243 SEWER EASEMENT I DB 4825 PG 147 - 286.6't ---- -- — --- --------------- IF If ®24474' S33'2S34"W 313.93' IF . S33'23'34"W 398.81' — i-- 20' PRIVATE SANITARY ------ OH � i Q � SEWER EASEMENT DB 4734 PG 458� I TMP 45-112C TO BE DEDICATED KEGLERS OF CHARLOTTESVILLE TO ACSA DB 996 PG 198 40.02' TMP 45-112B B PROPERTIES, LC DB 1723 PC 690 ZONING=HC 6 Z Q.,. O a � r Q < PP44W ®° o�¢ �ii �ii LT7^H, OF G 41 BRIAN D JAMISON a No. 3334 10-23-2020 LU U Q W~ cn_jLn U N pz IY� w Q QO 1¢- � 0 1-- J 102 W Q < < d 2i 7500 ULu Q OQ W SHEET: ` � OF 02 Q:\RGA\TMPROJ\8710 -BERKMAR DRIVE\OFFSITE SAN ESMT\DWG\8710 - OFFSITE ACSA ESMT (UPDATE). wo 202100001119.010 INSTRUMENT # 202100001119 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Jan 20, 2021 AT 03:40 pm JON R. ZUG, CLERK by EMJ BOOK 05464 PAGE 0559 - 00567