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HomeMy WebLinkAboutSUB201800186 Easements 2019-06-06 VIRGINIA LAND RECORD COVER SHEET FORM A—COVER SHEET CONTENT RECORDED IN It strunient Date: 6/3/2019 ALBEMARLE COUNTY, VA Instrument Type: DOD JON R ZUG CLERK OF CIRCUIT COURT Number of Parcels: 1 Number of Pages: 7 FILED Jun 06, 2019 [ ]City [XI County AT 03:45 pm ALBEMARLE BOOK 05175 TAX EXEMPT? VIRGINIA/FEDERAL LAW START PAGE 0300 [ ] Grantor: END PAGE 0307 [ ] Grantee: INST# 201900005599 Consideration: $0.00 ��� Existing Debt: $0.00 TOTAL NUM PAGES T' Actual Value/Assumed: $0.00 EMJ �(/ PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: 5130 Original Page Number: 703 Original Instrument Number: Prior Recording At: [X] City[ ] County CHARLOTTESVILLE Percentage In This Jurisdiction: 100% BUSINESS/NAME I [)Q Grantor: CHARLOTTESVILLE PROFFIT LLC [ ] Grantor: 1 XI Grantee: COUNTY OF ALBEMARLE [ I Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE Address: 401 MCINTIRE ROAD City: CHARLOTTESVILLE State: VA Zip Code: 22902 Book Number: 5160 Page Number: 301 Instrument Number: Parcel Identification Number(PIN): 032A0-02-00-001A2 Tax Map Number: 32A-02-1A1 Short Property Description: Current Property Address City: CHARLOTTESVILLE State: VA Zip Code: 22911 Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: MARK FONTAINE Recording Returned To: MARK FONTAINE Address: 36540 INNISBROOK CIRCLE City: PURCELLVILLE State: VA Zip Code: 20132 .,:1 I. �, I 1•' II r ld ' . . 1 illii illitiri((l 1 ;:f0 1 1.1.11. 2.., . . . ce , � , 1 !:!' ' FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright©2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID# 032A0-02-00-001A2 This deed is exempt from taxation under Virginia Code § ' 58.1-811(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT, dated this 3 day of Zuni_ , .3.019 is by and between CHARLOTTESVILLE PROFFIT, LLC, a Delaware 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 "STORM WATER MANAGEMENT AND ACCESS EASEMENT" (hereinafter, the "Easement") on the plat of BOHLER ENGINEERING, dated February 22, 2019, entitled "PLAT SHOWING VARIOUS EASEMENTS OVER LOT 1 AND LOT 2," (hereinafter, the"Plat") recorded in Deed Book 5160, pages 147-151 in the office of the Circuit Court Clerk of Albemarle County, Virginia. Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement described further as a portion of that certain lot or parcel of land situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, described, as Albemarle County Parcel ID 032A0-02-00-001A2 (hereinafter called the"Property"), acquired by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5130, page 703; and WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 5160, page 301, in which the Grantor has agreed to construct and maintain on-site stormwater management/BMP facilities; and 1 Version: 02/20/l 9 WHEREAS,the Maintenance Agreement provides 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 management/BMP facilities whenever the County deems necessary; and WHEREAS,the Maintenance Agreement also provides 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 Agreement. 2. Ownership of the facilities. The stormwater management/BMP facilities required to be constructed and maintained by the Grantor under the Maintenance Agreement 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 Agreement. 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 management/BMP facilities subject to the Maintenance Agreement. 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 Grantor, the Grantee, and their successors and assigns. All references herein to the"Grantor" and the"Grantee" include their respective 2 Version 02/20/19 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, the Easement 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 Agreement 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. 3 Version 02/20/19 WITNESS the following signatures. GRANTOR: CHARLOTTESVILLE PROFFIT, LLC, a Delaware limited liabili ompany Mark F. taine Authorized Officer COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 4/5Ma4 If : The foregoing instrument was acknowledged before me this 9D%day of Ntq by Mark J. Fontaine,Authorized Officer, on behalf of Charlottesville Proffit, LLC, a Delaware limited liability company, Grantor. 4yLf )215Qb Notary Public Pa My Commission Expires: >73Vd(22ay 7S a�, �'"��%�� �:. melPulic a Gail Gi ho Registration number: � � �;' ~� Commonwealth of Viirrginia Comm ss on Nob7522326 17, k My Commission Expires 1/31/2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version 02/20/19 GRANTEE: COU TY F RLE, VIRGINIA By: e rey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF khaX kyle . The foregoing instrument was acknowledged before me this .Y-` day of , �of�l by Jeffrey B. Richardson, County Executive, on behalf of the Board of pervisors of Albemarle County, Virginia, Grantee. L-L04. L. y_QJa_LL Notary Public My Commission Expires: be .31) - CHERYLL SKEEN NOTARY PUBLIC Registration number: '-((53'j63 REGISTRATION a 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 Approved as to Form: ILL U 5Io/zo19 County Attorney Date INSTRUMENT 4201900005599 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Jun 06,2019 AT 03:45 pm JON R.ZUG,CLERK by EMJ BOOK 05175 PAGE 0300-00307 5 Version:02/20/19