HomeMy WebLinkAboutSUB202000169 Agreements 2021-12-08This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers: 07800-00-00-06400 & 07800-00-00-06500
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 of Dgkege6420,Z i is by and
between PT HOTEL, LLC, a Virginia limited liability company, Grantor, and the COUNTY
OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
Grantee.
WITNESS:
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 "24' Storm Water Management
Access Easement, Area: 6,927 S.F. or 0.159 Ac." and "47.2' Storm Water Management
Facility Easement, Area: 11,186 S.F. or 0.257 Ac." (collectively hereinafter, the
"Easement'), on the plat of Bohler Engineering, dated September 4, 2020, last revised
April 2, 2021, entitled "Plat Showing Boundary Consolidation, Vacation and Dedication
of Various Easements Over TMP #07800-00-00-06400 and TMP #07800-00-00-06500
Pantops" (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. 07800-00-00-06400 and 07800-00-00-06500, conveyed to the Grantor
herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia
in Deed Book 5193, page 472, (collectively hereinafter, the "Property");
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into agreements entitled "Agreement to Maintain Stormwater Management Facilities and
Other Techniques" (hereinafter, collectively, the "Maintenance Agreements"), recorded in the
Clerk's Office in Deed Book 5449, page 708, and in Deed Book 5566, page 116, in which the
Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities;
and
Version: 05/23/19
WHEREAS, the Maintenance Agreements provide in part that the Grantor gives permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the stormwater managementBMP facilities whenever the County deems necessary; and
WHEREAS, the Maintenance Agreements also provide in part that, if the 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 Grantor to dedicate, grant and convey an
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 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, the perpetual easement(s) 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 managementBMP facilities required to be
constructed and maintained by the Grantor under the Maintenance Agreements shall be and
remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed
to be an assumption of ownership or control by the Grantee over the stormwater management/
BMP facilities subject to the Maintenance Agreements.
3. 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 managementBMP facilities subject to the Maintenance Agreements.
4. Grantee's riFht to assign. The Grantee may assign this Easement as its interests may
require.
5. Bindingeffect. The Easement and the rights and obligations established herein run with
the land in perpetuity, and are binding upon the Grantor, the Grantee, and their successors and
assigns. All references herein to the "Grantor" and the "Grantee" include their respective
Version: 05/23/19
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 the 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 Grantor 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 Grantor, 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:
COMMONWEALTH F VIRGINIA
CITY/COUNTY OF rK� cJ,, , c) v`cL
PT HOTEL, LLC,
a Virginia Limitec} liability company
Manager
The foregoing instrument was acknowledged before me this �—�day of� ���
20 Z l by Neil P. Amin, Manager, on behalf of PT Hotel, LLC, a Virginia limited liability
company, Grantor.
Notary Public
My Commission Expireso3 3l 20 2 '-1
Registration number: f% PLO L� g r� LESL IE ELLEN CARR
Notary PuDbc
CommonwealtH of %Arpin&
My Comerni$Expirres March 3 , 2024
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 05/23/19
GRANTEE: COUNTYAMALBEMARLE, VIRGINIA
By: 6;11;4 4 t �
ey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITWSWUl P OF CAMMOTTE-A)"4
-I-k
The foregoing instrument was acknowledged before me this &I day of'CCCr+
20,1( by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
'he„' L.
N tary Public
My Commission Expires:pe4—;51, Q R?)
RYL L. SKEEN
Registration number: �1 k5"' 11096 #i1153762
[C:RtE:GISTRATION
WEALTH OF VIRGINIA
MISSION EXPIRES
OBER31 2023
Approved a to Form:
County Attomey Date
Version: 05/23/19