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HomeMy WebLinkAboutSUB200900165 Plat 2009-12-29Instrument Control Number 0 1 1 1 0 E Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] 1111111111111111t11111111j�111111�1i1111111111111111111111 noo rn: e0szaa9zs009 r 111111111111111l111!!1 Recorded: !2/38/2009 at Type: DE PM Fee Amt' $47.80 Page i of Albemarle County VA Debra M Shipp Cjerk File# 2809-008I7108 SK3835PQ540-548 T C Date of Instrument: [12/30/2009 ] A X O R Instrument Type: [DE-PL ] P E Number of Parcels ( 1 ] X Number of Pages [ 41 M City ❑ County ® [Albemarle County ] (Box for Deed Stamp Only) P First and Second!prantors Last Name First Name Middle Name or Initial Suffix (Pantops Park LLC ] [ ] [ ] [ ] Eirst and Second grantees Last Name First Name Middle Name or Initial Suffix ❑ ❑ [Albemarle County Servic ] ( ] { ] [ ] Grantee Address (Name) [Albemarle County Service Authority ] (Address 1) [168 Spotnap Road ] (Address 2) ( ] (City, State, Zip) [Charlottesville ] [VA ] [22911 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [01600 ] Tax Map Num. (if different than PIN) [07800 00 00 ] Short Property Description [1.207 acres People Place ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [* ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page #x 1 of 1 [Feil, Pettit & Williams, PLC [Feil, Pettit & Williams, PLC [Feil, Pettit & Williams, PLC [530 E. Main Street [Charlottesville [6165.004/DHP ] [ } [VA 1 [22902 ][ This document prepared by: Peil, Pettit & Williams, PLC P.O. Box 2057 Charlottesville, VA 22902 Tax Map Parcel: TMP 78-16 DEED OF EASEMENT THIS DEED OF EASEMENT is made this _j b- day of December, 2009, by and between PANTOPS PARK, LLC ("Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as a "DRAINAGE EASEMENT 1.207 ACRES (TO BE GRANTED TO PUBLIC USE)" shown on the plat by Kirk Hughes & Associates, Land Surveyors & Planners, dated June 15, 2009, captioned "PLAT SHOWING PEOPLE PLACE CONTAINING 36,429 SQUARE FEET DEDICATED FOR PUBLIC USE AND VARIOUS EASEMENTS THROUGH THE LANDS OF PANTOPS PARK, LLC SHOWN HEREON RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA," a copy of which is attached hereto as Exhibit A and incorporated herein by reference (hereinafter, the "Easement" and the "Plat"), The Easement is located on the property conveyed to the Grantor by deed of Kimco, L.C., a Virginia limited liability company, dated October 20, 2005, and recorded in the aforesaid Clerk's Office in Deed Book 3098, page 198 (the "Property"); and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant, and convey the Easement for public use in accordance with this Deed of Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant, and convey all rights, title, and interest in all existing stormwater management facilities, 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. 0000 183 1.UqC. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does 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 identified as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Easement and the Improvements. The Easement shall be subject to the following: I. 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 Property, protecting the 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. Within the Easement, the Grantee shall have the right 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 reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged 0000183 1. DOC 2 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 will 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 Paragraph 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 Paragraph 6 of this Deed of Easement except as expressly provided in this Paragraph. 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 groundcovers, 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 the lot on which the Easement is located 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 further provided that 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. 0000183 I DOC 3 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 the conveyance of this property pursuant to Virginia Code §15.2-1803, as amended, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURES ON FOLLOWING PAGES] 00061" l.l)UC 4 WITNESS the following signatures: GRANTOR: PANTOPS PARK, LLC, a Virgin/himited liability com ny, Y B � Name. William D. Dittmar, Jr. Title: Manager COMMONWEALTH OF VIRGINIA CITYIC4A4NT--Y OF N&LOTIyk-WI U_e , to -wit: The foregoing Deed of Easement was acknowledged before me by William D. Dittmar, Jr., as Manager of Pa pps Park, LLC, a Virginia limited liability company, on behalf of the company, on this g•�day of — tcsv, , 2009. My commission expires: KIIABERa E. IncC AL) Notary powic �' � �216 Notary Public Commarnne�kth of Vrrgirs+a t Registration No.: 5 0006193 1-D0C 5 GRANTI!,E: Approved asjt form: f ou City tarn y i COUNTY OF ALBEMARLE, VIRGINIA Its: COMMONWEALTH OF VIRGINIA CITY/CGUN1 Y OF 4 � '1le, , to -wit: The foregoing Deed of Easement was acknowledged before me by Robert W. Tcker, Jr., County Executive, on behalf of Albemarle County, Virginia, on this day of ed?n 2009. My commission expires: d (SEAL) Not y Public Registration No.: La llN1N I N! 4111i���� 6 1 i. CURVE TABLE N0. DELTA RADIUS ARC TANGENT CH. BEARING CHORD C1 00-45-30" 5721.58' 75.73' 37.86' S 86'06'24" E 75.73' C2 45'54'51 25.00' 20.03' 10.59' S 24'17'48' W 19.50' C3 0749'15" 326.50' 16.07' 8.04' N 03'02'27" E 16.07' C4 9(718'46' 25.50' 40.19' 25.64' 1 N 40'42'19" W 36.16' OWNER'S CONSENT THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER(S), PROPRIETOR(S), AND TRUSTEE(S). ANY FUTURE DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND c C RRECT TO E BEST OF M KNOWLEDGE. � c0 Cb PANTOPS PARK, LLC �-_ ci35 TAX MAP 78, PARCEL 16 � Y :3 co CERTIFICATE OF ACKNOWLEDGMENT OF SIGNATURE a. ccd E ¢ STATE OF _ O [Ty OF z 0 THE FORWING WA ACKNOOWFDGED BEFORE ME THIS _DAY OF t2l �.•e►T s�i 2009. , NOTARY PUBLIC MY COMMISSION NOTES: , 1.) PROPERTY IS NOT WITHIN AN ALBEMARLE COUNTY AND /OR CITY OF CHARLOTTESVILLE WATER SUPPLY WATERSHED OR AN AGRICULTURE -FORESTAL DISTRICT. 2.) PROPERTY LIES WITHIN FLOOD ZONE Y, NOT A H.U.D. DEFINED 100 YEAR FLOOD PLAIN. 3.) PROPERTY IS ZONED HC. 4.) THE BOUNDARY SHOWN HEREON IS BASED UPON OUR MAY 31, 2005 FIELD SURVEY; THE CORNERS HAVE BEEN SET AS SHOWN. 5.) OWNER: PANTOPS PARK, LLC 400 EAST MAIN STREET -SUITE 1 LEGEND: CHARLOTTESVILLE, VIRGINIA 22902 +� = FIRE HYDRANT = CURB DROP INLET © = MANHOLE D/E = STORM DRAINAGE EASEMENT SS/E = SANITARY SEWER EASEMENT WL/E = WATERLINE EASEMENT ACSA = ALBEMARLE COUNTY SERVICE AUTHORITY M = WATER VALVE SS = SANITARY SEWER WL = WATERLINE WM = WATER METER VAULT LINE TABLE NO. BEARING DISTANCE Ll S 05'34'00" W 1.47' L2 S 85'49'10" E 52.04' L3 N 0,06'54" E 1.44' L4 N 85'46'19' W 20.08' L5 N 7719'21" W 50.32' L6 N 05!02'14" E 1.64' r L7 S 18' 12' 18' E 5.95' L8 N 01'08' 18" W 19.58' L9 N 5529' 17" E 8.99' L10 S 86'31'28" E 1.91' Lll N 6927'03" W 26.41' L12 S 05'03'39" W 13.48' L13 N 84'56'21" W 24.21' L14 N 43'56'39" E 1.15' L15 S 46'03'21' E 20.77' L16 N 05'03'39" E 10.06'' L17 N 408'27' W 29.18' L18 S 84'50'36' E 14.43' L19 S 35'56'48" E 20.00' L20 S 44108'27" E 11.45' L21 N 84'56'21" W 2.05' L22 N 05'03'41" E 29,00' L23 S 84'56'21" E 2.26' L24 N 84'56'21' W 1.86' L25 S 84'56'21" E 24.20' L26 S 04'27'04" W IcFwR 27.00' L27 N 84'56'21" nc 2.63' L28- S 84'56'21" E 4.74' L29 S 05'03'39" W 10.87' L30 N 80'39'21' E 2.47' L31 S 01'37'49" W 20.30' L32 S 79'14'51' W 8.83' L33 S 8456'34' E 10.03' L34 N 89'38'02" W 37.59' L35 S 05'03'39' W 17.65' L36 N 84'5621' W 7.53' 137 S 05'03'39" W 11.25' L38 S 84'56'21' E 5.14' L39 S 05'01'36' W 17.11' L40 S 8456'21' E 18.22' L41 N 05'03'39' E 25.00' L42 S 84'56'21 " E 14.12' L43 N 05*01'36' E 4.87' L44 N 84'56'21" W 14.15' L45 N 05'03'39" E 16.72' L46 S 84'56'21" E 20.00' L47 IS 05'03'39' W 16.72' L48 S 89'22'31 " W 0.88' ALBEMARLE COUNTY APPROVAL �7 c ';,,,vF 1.l%9 ALBEMARLE COUNTY BOARD 16F UP S ERVISORS DESIGNATED AGENT VICINITY MAP 1'=1DD0' �\ TH OF C. V. j HUGHES 9 LIC. NO. 1458� D SURv CEunCATION I, G.V. 'KIRK' HUGHES, A DULY LICENSED SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY THAT THE PROPERTY SHOWN HEREON IS THE SAME PROPERTY CONVEYED TO PANTOPS PARK, LLC BY DEED RECORDED IN DEED BOOK 3098, PAGE 198; 204 PLAT IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE COUNTY, VIRGINIA AND THAT I HAVE CAREFULLY SURVEYED THE PROPERTY DELINEATED ON THIS PLAT AND IT IS CORRECT TO THE BEST OF MY KNOWLEDGE. PEOPLE PLACE CONTAINING 36,429 SQUARE FEET DEDICATED FOR PUBLIC USE AND VARIOUS EASEMENTS THROUGH THE LANDS OF PANTOPS PARK, LLC SHOWN HEREON RNANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA JUNE 15, 2009 SCALE: 1'=30' \PREPARED FOR: PANTOPS PARK LLC C:\SURVEYS\2005-021\EASEMENT PLATS\TMP78-16 EASEMENT.DWG SHEET 1 OF 2 i 1/ "EXffiBIT A - Page Two ea do� 3$3S }�S . S Ll 7 U.S. ROUTE 250 RICHMOND ROAD D.B. 1137, PG. 270, D.B. 1179, PG. 6, (R/W VARIES) STATE HWY. PUT BOOK XI, PG. 216 C 1 S 85'46'30' E 148.85' L2 u S 85'46'30' E 78.31' IRF g IRS L6 NEW R/W-UNE IRS cv Ls c IRS N ff 51'42' W 210.76' C' IRF N I 1 IRS o w T.M.P. 78-1581 N N/F RICKEY LEE k DONNA G. BAUMGARONER f T.M.P. 78-16 25 D.B. 774, PG. 510 ,q PANTOPS PARK, LLC zD.B. 445. PG. 425 (PUT) a 1 ; D.B. 3098, PG. 198, 204 PUT g I n m ,,, L24 L27 Q w ,1, 1 AREA SUMMARY: m T.M.P. 7e-nF2 4 ` 4.7708 AC. N/F THE CLEAN MACHINE INC. `g LESS 36,429 S.F. i ( IF D.B. 10e2, PG. 703 a , REMAINING 3.9345 AC. D.B. 968, K. 224 ,� I o I CA D.B. 689, PG. 828 (PUT) 1 1 g I I N k/+J WATER UNE EASEMENT E; WM46 ,,1 I I IRS gl I �g W I - �of I w4,899 S.F. 1 ( _�5 (TO BE GRANTED TO A.C.S.A.) 37.i1 66.19'.rARC IRs IRF L4 �! 4.03 Cli -- 16.01_ IRF j -- N 84956T21' W l23 '5I � L28 NAGE EASEMENT -I'41 ern L40-1 eJ". D.B. 3350, PG. 620 (PLAT) N/F KEVIN L i$MITH / /� �ti I C�2' 1� 011� I L30 SD y D.B. 897, PG. 596 `�� � , �I �� L 1 a D.B. 797, PG. 703 (PUT) / I T '0 I � � L21 ICi �-81 _ 52.33' I -r-n---- / /S N B4'S621 W g �I7'o o T.M.P. 78-158 DRAINAGE EASEMENT-----_ J o II �Ii4i N/F RICKEY LEE a DONNA G, v. I ^ BAUMGARDNER O.B. 3350, PG. 665 (PUT) �- - - - - - - _ S 84_56'34_E 233.31- - - - - - - - J ,., D,Tj. 881, PG. 426 L33 ,D.B. 688, PG. 327 (PUT) DRAINAGE EASEMENTSD N84'S8'34'73266 7T--------- N CENTER rt SANITARY SEWER EASEMENT WI _ " r 6zs m. �~ 3,176 S.F. N I I (TO BE GRANTED TO A.C.S.A.) m DRAINAGE EASEMENTS DB 3350-596 (PUT). + z 08 3350-620 (PUT) _ S 84'56'34_E 163.19' J 20' SAN, SEWER ESM T. ` N 54'43'3J' E e4.19' - - - - SD - - - - - D.8. 3350, PG. 656 (PUT) c r \ L34 / DRAINAGE EASEMENTS 8$ ss� _ " / S 5,r43'33' W 72.99' z p� D.B. 3350, PG. 656 (PLAT) D.B. 3350, PG. 841 (PUT) ��S 7 / so -,/- �. w 113 `Lm 170-1 DRAINAGE EASEMENT D.B. 1371, PG. 329 I 1.207 ACRES / I -- -'- I to (TO bE GRANTED TO PUBLIC USE) / �o J T.M.P. 78-17H1 N/F RTVERSEND MEDICAL BUWNG � I � � 115/ 0.8. 1179, PG. 155 " �5j / D.B. 1179, PG. 164 (PUT) s 8456 21' E 93,30 % L10 1 T.M.P. 78-15C C �+ ALBEMARLE COUNTY SERVI AUTHORITY STORMWATER MANAGEMENT• (r .` D.B. 1240, PG.287 �I STRUCTURE' / \ ( 1 D.B. 1240, PG. 291 (PU W N + r e PORTION OF EX. z I �/ / E �1►% �o m �' 1s? ( SANITARY SEWER EASEMENT Nj \ (HEREBY VACATED) r 6,32' DRAINAGE EASEMENT N S632'45 E i� % / PKNS D.B. 3350, PG. 656 (PLAT) 5655' / 159"55, D E TO SS E IRS IRF I i S 89'22�31' W 313.41' ( )SANITARY SEWER EASEMENT I1 I N B921'2%" w r / DRAINAGE EASEMENT/ 151 S.F. o 1 \ 49.99 IRS ? D.B. 3350, PG. 709 (P(AT) ( I ✓ (O BE GRANTED TO A.C.S.A) I I T.M.P. 78-17H2 `` '' •� I N/F CHARLES WM. HURT AND T.M.P. 7e-16AWEST SHIRLEY L FISHERI AS TRUSTEES FOR T N/F CHARIES TRkTTEEESS FRT OR TMECEHT VIRGINIA LAND TRUST • PLOPS DRIVE LAND TRUST SANITARY SEWER EASEMENT---�I D.B. 1043, PG. 43 i_ -�� 103 SODU D•B• 1� PG, 219 D.S. 3350, PG. 698 (PLAT) D.B. 1240. PG. 291 (PLA1) D.B. 1240. PC. 291 (PLAT) C:\SURVEYS\2005-021\EASEMENT PUTS\flAP79=16 EASEMENT.DWG 2 OF 2 SHEET \ 7� ..... I � ' Ij RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON December 30,2009 AT 3:03:29 PM $0.00 GRANT R TAX PD AS REQUIRED BY V CODE §58.1-802 j STATE: $0.00 CAL: $0.00 MARLE OUNTY, VA D M. IPP CLE dC