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HomeMy WebLinkAboutSUB202100169 Agreements 2022-03-02This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers: 058A2-00-00-02000 and 058A2-00-00-01400 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 DEDICATION AND EASEMENT, dated this _ day of 20_, is by and between IVY PROPER 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 "Var. Width Public Storm Drainage Easement" (hereinafter, the "Easement'), shown on the plat of Timmons Group, dated October 1, 2021, last revised January 12, 2022, entitled "Boundary Line Adjustment With Stormwater Management Facility, Public Drainage, & Various Private Easements On The Lands Of Ivy Proper LLC Tax Map Parcels 58A2-20 & 58A2-14 And Five Guys Without Fries Too LLC Tax Map Parcels 58A2-20A" (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 Nos. 058A2-00-00-02000 and 058A2-00-00-01400, conveyed to the Grantor herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5468, page 143 (collectively hereinafter, the "Property"); 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 Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor 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 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 as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. 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. 3. Right of ingress and a rg ess. 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. 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 2 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. Ripht 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 groundcover, 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. Temgorary 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 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 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. 10. Binding effect. The Easement and the rights and obligations established herein shall tun 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 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 GRANTOR: IVY PROPER LLC, a Virginia limited liability company BY: 5 Guys Without Fries LLC, Ur Ian Wren, Manager COMMONWEALTH OF VIRGINIA CITY/C&nq f'Y OF C h Q4 0 44tS Vr ((P, The foregoing instrument was acknowledged before me this I U day of l' Y 20 212by Ian Wren, Manager of 5 Guys Without Fries, LLC, Manager of Ivy Proper LLC, a Virginia limited liability company, Grantor. My Commission Expires: Registration number: " 1 gcr gt`tB otary Pub ' Jullette O. Manley . corn mtary th of o ugana ryo 778 COmmi55ion O. 7964 .' My Commission Expires 1013112025 SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTOR: IVY PROPER LLC, a Virginia limited liability company BY: 5 Guys Without Fries LLC, Manager A i Alan J es Kincel, Manager COMMONWEALTH OF VIRGINIA CITY/G914NTYOF f,h01Y104-L Vii The foregoing instrument was acknowledged before me this 10 day of �`Lb /' AA�/ 2010, by Alan James Kincel, Manager of 5 Guys Without Fries, LLC, Manager of Ivy Prop& LLC, a Virginia limited liability company, Grantor. My Commission Expires: Registration number: 'Jgtf Notr c Juliette Q. Manley Commonwealth of Virginia Notary Public Commission No. 7964778 CIA My Commission Expires 10/31/2025 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 0 GRANTEE: COUN F ALBE�M�ARLE, VIRGINIA B✓�— Jef a Richardson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 4-1 The foregoing instrument was acknowledged before me this II "I day of Feb(- , 20' by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Nothry Public My Commission Expires: (`-z 1. 31� aoa-1 CHERYL L. SKEEN Registration number: 'l l FD -:�51 UID, NOTARY PUBLIC REGISTRATION # 7153782 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER31 2023 Approved as to form: L. 0 L J- 2 li 202Z County Attorney Date This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers: 058A2-00-00-02000 and 058A2-00-00-01400 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 20 , is by and between IVY PROPER 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 "Var. Width SWM Forest & Open Space Easement" and "Var. Width Permanent Stormwater Management Facility Easement" (collectively hereinafter, the "Easement") on the plat of Timmons Group, dated October 1, 2021, last revised January 12, 2022, entitled "Boundary Line Adjustment With Stormwater Management Facility, Public Drainage, & Various Private Easements On The Lands Of Ivy Proper LLC Tax Map Parcels 58A2-20 & 58A2-14 And Five Guys Without Fries Too LLC Tax Map Parcels 58A2-20A" (hereinafter, the "Plaf�, a copy of which is attached hereto and recorded herewith. Reference is made to the Plat for a more particular description of the easements conveyed herein. WHEREAS, the Easement is a portion of that certain real property designated as Albemarle County Parcel ID Nos. 058A2-00-00-02000 and 058A2-00-00-01400, conveyed to the Grantor herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5468, page 143 (collectively hereinafter, the "Property"); 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 as Instrument # 202200000497, in which the Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: 05/23/19 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 managementBMP 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 managementBMP 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 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 Agreement. 2. Ownership of the facilities. The stormwater managementBMP 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 managementBMP 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 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 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. Version: 05/23/19 WITNESS the following signatures. GRANTOR: IVY PROPER LLC, a Virginia limited liability company By: 5 Guys Without Flies LLC, Its Manae I � Ian Wren Manager COMMONWEALTH OF VIRGINIA CITY/C�AF LWA Y (Q 4-�V I We The foregoing instrument was acknowledged before me this 10 day of 20ILI-by Ian Wren, Manager of 5 Guys Without Fries, LLC, Manager of Ivy Proper LLC, Virginia limited liability company, Grantor. My Commission Expires: a' 31 za26 Notary P is Registration number: Juliette 0. Manley commonwealth of Virginia Notary Public Commission No. 7984778 �``•• My Commission Expires 10/31/2025 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 05/23/19 GRANTOR: IVY PROPER LLC, a Virginia limited liability company By: 5 Guys Without Fries LL , Its M er Alan Jams Kince Manager COMMONWEALTH OF VIRGINIA CITY/COVM OF V 1 ((per The foregoing instrument was acknowledged before me this (( V day of F4EbV (A �20 21by Alan James Kincel, Manager of 5 Guys Without Fries, LLC, Manager of Ivy Prop LLC, a Virginia limited liability company, Grantor. My Commission Expires: Registration number: -141e H T1 g otary Public . Manley th of w9mio ublic om o. 7964778pires 101311P025 SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 05/23/19 GRANTEE: M. COMMONWEALTH OF VIRGINIA CITY/C9i� OFChC.4rIr4k---;y11i 'Jeffrey B. Richarc County Executive VIRGMA -L The foregoing instrument was acknowledged before me this 1'�(= day of , 20, by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires:j��,-� �Oa3 Registration number: rl I Approved as to Form: F 6 2-/17f202Z County Attorney Date Not Public CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION# 7163762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 37 2023 Vasion: 05/23/19