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Home My WebLink AboutSUB202000024 Correspondence 2020-05-05 This document was prepared by. Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Parcel ID Number(s)•03200-00-00-05400 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 DEDICATION AND EASEMENT, dated this �/'tlay of M 1t-7 , 2 ZD , is by and between BERKMAR APARTMENTS, 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 "VARIABLE WIDTH SWM FACILITY EASEMENT", "10' SWM ACCESS EASEMENT", "VARIABLE WIDTH FOREST/OPEN SPACE EASEMENT `A', "VARIABLE WIDTH FOREST/OPEN SPACE EASEMENT `B"', and"VARIABLE WIDTH FOREST/OPEN SPACE EASEMENT `C"' (collectively hereinafter, the "Easement") on the plat of TIMMONS GROUP, February 5, 2020, last revised April 30, 2020, entitled"A PLAT SHOWING VARIOUS EASEMENTS ON THE PROPERTY OF BERKMAR APARTMENTS, LLC.", (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 described further as a portion of that certain lot or parcel of land situated in the Rio Magisterial District of the County of Albemarle, Virginia, designated as Albemarle County Tax Map Parcel 03200-00-00-05400 (hereinafter, the "Property") on a plat by Lincoln Surveying, dated December 20, 2018, last revised May 30, 2019, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 5189, page 373- 379, also being the same property conveyed to the Grantor herein by deed of UPTOWN VILLAGE, L.L.C., recorded in said Clerk's Office in Deed Book 5219, page 307; 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 1 Version 05/23/19 and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 5298,page 789, in which the Grantor has agreed to construct and maintain on-site stormwater management/BMP facilities; and 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. 2 Version 05/23/19 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 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. 3 Version 05/23/19 WITNESS the following signatures. GRANTOR: BERKMAR APARTMENTS, LLC, a Virginia limited liability company BY: Berkmar Manager, LLC, its Manager By: Terry arshall Vice President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF/1jr50;aLe A The foregoing instrument was acknowledged before me this,3' day of iLJl a , 2020 by Terry M. Marshall,Vice President, on behalf of Berkmar Manager, LLC, Manage of Berkmar Apartments, LLC, a Virginia limited liability company, Grantor. Notary P f%11c My Commission Expires: Li-13f, J Registration number: ,)..-//{, 53 1 OO NOOTARY PUBUCES REGISTRATION#211688 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL30 2021 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version 05/23/19 r • GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA By: Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF • The foregoing instrument was acknowledged before me this day of by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to Form: County Attorney Date 5 Version 05/23/19