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Home My WebLink AboutWPO202000044 Easements 2021-12-17ri VIRGINIA WWRECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date: .,10 / 2 6 / 2 021......................... Instrument Type:AE............................................................. Number of Parcels: ...... 1....... Number of Pages: .......8....... [ ] City [X] County ...... ALB . . . . EMAR...............LE.............................................. CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [X] Grantor: VA .CODE SECTION 58.1-811(A)(3) ............................................................................ VA CODE SECTION .(( [X] Grantee:.VA. 58.........1-811................A)........3) ................ Business/Name 1 TENPAS, RONALD JAY ................. GIantOT:........................................................................... 2 Grantor: TENPAS, KATHRYN DUNN ........................................................................... ........1...... X Grantee: COUNTY...OF ALBEMARLE VIRGINA ....................................................... Grantee: Grantee Address Name: COUNTY OF ALBEMARLE VIRGINA ............................................................ Address: _401. MCINTIRE , ROAD ............................ RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF QRQUIT COURT FILED Dec 17, 2021 AT 02:13 pm BOOK 05655 START PAGE 0759 END PAGE 0767 INST # 202100020688 TOTAL NUM PAGES 9 EMJ (Area Above Reserved For Deed Stamp Only) City:.CHARLOTTESVILLE........................................................ .State:......VA..... Zip Code:.22902............................... Consideration: $10:0o Existing Debt: so:OD .50 00 ........................... Actual Value/Assumed:.......:.................................. PRIOR INSTRUMENT UNDER § 58.1.803(D): Original Principal: ..'S._.'_��........................... Fair Market Value lacnwe:.sP.:.00............................. Original Book No.: ........................................ Original Page No.:........................................ Original Instrument No.:............................................ Prior Recording At: [ ] City [X] County ............................... ALBEMARLE ...................... Percentage In This Jurisdiction:..1008 ........ Book Number: _5289................ Page Number:.. n. .............. Instrument Number:.......................................... 016000-00-00-010A5 Parcel Identification Number/Tax Map Number:............................................................................................................................................... Short Property Description: T ......E.NP...AS R ......................ESID....E.NCE...................................................................................................:...................................................................... OPEN SPACE EASEMENT DEED & PLAT Current Property Address..4949 WESEROAD ..LEY... ... ......CHAP........L ..... ..................................:............................................................................................. ............................. City:.FREE UNION .................................................. State:.... °A...... Zip Code: 2.2940.................................. Instrument Prepared By: ALBEMARLE CNTY ATTORNY 6 R RAY Recording Paid By: VA CODE SECTION 17.1-266 .............................................................................;....................................I.......................... Recording Returned To: RONALD JAY TENPAS MNAL�...,7AY .... Address: _4311 ELM STREET ................................................................. City[ CHEVY,CHASE .................................................... .................. State: ....... MD.... Zip Code:._20815 FORM CC-1570 (MASTER, PAGE ONE OF ONE )long Cover Sheet A 0 Copyright 2014 Office of the Executive secretary, Supreme Court of Virginia. All rights resmed. - 202100020688.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number: 01600-00-00-010A5 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 25 day of October, 2021, is by and between RONALD JAY TENPAS AND KATHRYN DUNN TENPAS, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantors are the owners of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "Forest/Open Space Easement (3.28 Acres) Hereby Dedicated to Public Use" (hereinafter, the "Easement") on the plat of Roger W. Ray & Assoc., Inc., dated June 22, 2021, last revised August 16, 2021, entitled "Easement Plat Showing Forest/Open Space Easement on Tax Map 16 Parcel 10A5 (Parcel B) Hereby Dedicated to Public Use, The Property of Ronald Jay Tenpas & Kathryn Dunn Tenpas Located on State Route 671 (Wesley Chapel Road) Near Free Union, White Hall Magisterial District, Albemarle County, Virginia" (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 No. 01600-00-00-010A5, conveyed to the Grantors herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5289, page 739 (hereinafter, the "Property"); WHEREAS, the Grantors 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 5614, page 294, in which the Grantors have agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: 0523119 202100020688.003 WHEREAS, the Maintenance Agreement provides in part that the Grantors give 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 Grantors, their successors and/or assigns fail 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 Grantors 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 Grantors do 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 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 Grantors under the Maintenance Agreement shall be and remain the property of the Grantors. 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 Grantors, the Grantee, and their successors and Version: 05/23/19 202100020688.004 assigns. All references herein to the "Grantors" 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 Grantors, or their successors or assigns, desire 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 Grantors 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 Grantors, 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: 0523/19 202100020688.005 WITNESS the following signatures. GRANTOR: oz Ronald Jay en as OF y C4:F*1C fir J3S1TV 6i The foregoing instrument was acknowledged before me this 12 day of October, 2021 by Ronald Jay Tenpas, Grantor. I MyCommission Expires: �2 0 21 17 4uaage number: % 1 g S61l O 6 If LNota,ry SANJAY SHUKLA Public. District of Columbia GRANTOR mmission Expires January 1, 2022 Tenpas O1F"A I�g /GO WTtr GI,` CST 1 7 C v 011T3•• The foregoing instrument was acknowledged before me this [day of October, 2021 by Kathryn Dunn Tenpas, Grantor. r tic r v^� l 113 Commission Expires: �rL Lu 2L RegisEeatiex number: % ($' S 6 J40 6 A/ FSANJAY SHUKLA Nyotaormy Public, District of Columbia Cmission Expires January i, 2022 SIGNATURES CONTINUE ON THE FOLLOWING P Q p + o co O a • AM 0 Version: 0523t19 IMP& [�I�Z�➢��I:�:I: i (�I�Z� GRANTEE: COUNTY O BE E, VIRGINIA By: 6 /1// effrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/C-OUNTY OF ( bnr 1ogcnv t 1 12 : The foregoing instrument was acknowledged before me this c�ay of N, 20_ by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Not Public My Commission Expires:(`y{• 3)) aDa3 Registration number: '1 I 62p7 62, Approved as to Form: 70z1 County Attorney Date CHENOTARYLPUBLIC N REGISTRATION#7153762 COMMONWEALTH OF VIRGINIA MY comiSSION OCTEXPIRES OBER 31. 2023 Version: 05/23/19 APPROVED FOR RECORDATION : •ram �'""""" ��'"`y BRIAN 5 AY `RAG&T FOR THE BOARD OF SUPERVISORS lAc. No. 002281 n'1605 D TE THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. A. T.M.16-10A5 IS ZONED RA. B. NO DEVELOPMENT RIGHTS ARE AFFECTED BY THIS PLAT. C. PARCEL B HAS THREE DEVELOPMENT RIGHTS AND MAY BE FURTHER DIVIDED. D. ACCORDING TO THE ALBEMARLE COUNTY GIS DATA,PARCEL 8 CONTAINS A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE COUNTY ZONING ORDINANCE. E. SETBACK REQUIREMENTS: FRONT= 75'(ALONG ST.RT.671), SIDES= 25' AND REAR= 35' F. ACCORDING TO THE ALBEMARLE COUNTY GIS DATA,THIS PROPERTY IS LOCATED WITHIN A WATER SUPPLY WATERSHED. G. ACCORDING TO THE ALBEMARLE COUNTY GIS DATA,THIS PROPERTY DOES NOT LIE WITHIN AN AGRICULTURAL -FORESTAL DISTRICT. H. UNDER CURRENT COUNTY POLICY,PUBLIC WATER AND/OR SEWER SERVICE WILL NOT BE AVAILABLE TO THIS PROPERTY. I. THE APPROXIMATE LOCATIONS OF THE STREAMS AND STREAM BUFFERS SHOWN HEREON WERE TAKEN FROM THE ALBEMARLE COUNTY GIS DATA AND SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. NOTES: 1. OWNER (S) & ADDRESS: RONALD JAY TENPAS & KATHRYN DUNN TENPAS 4311 ELM STREET, CHEVY CHASE, MD 20B15 2. NO CURRENT FIELD WORK WAS PERFORMED IN PREPARATION OF THIS EASEMENT PLAT. (2001) & (2020) DENOTES YEAR MONUMENTATION WAS PREVIOUSLY FOUND BY THIS FIRM. 3. T.M.16-10A5 IS SUBJECT TO THE FOLLOWING: A. RESTRICTIONS (D.B.3126-710). B. EASEMENT TO CENTRAL VIRGINIA ELECTRIC COOPERATIVE (D.B.1050-233). 4. T.M.16-10A5 IS SUBJECT TO EASEMENTS TO VIRGINIA TELEPHONE AND TELEGRAPH COMPANY (D.B.490-364 & D.B.456-407)INSOFAR AS THEY MAY APPLY. 5. NO TITLE REPORT FURNISHED. ALL EASEMENTS KNOWN BY ME ARE SHOWN OR NOTED HEREON. THIS PROPERTY IS SUBJECT TO ANY ADDITIONAL CONDITIONS,UTILITIES,EASEMENTS,AND/OR COVENANTS THAT MAY EXIST. 6. THE FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO THE GUIDANCE SET FORTH BY DEQ IN THE VIRGINIA STORMWATER MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL, VEGETATED STATE, EXCEPT FOR ACTIVITIES AS APPROVED BY THE LOCAL PROGRAM AUTHORITY, SUCH AS FOREST MANAGEMENT. CONTROL OF INVASIVE SPECIES,REPLANTING AND REVEGETATING, PASSIVE RECREATIONS (E.G. TRAILS), AND LIMITED BUSH-HOGGING(TO INCLUDE HAY HARVEST) TO MAINTAIN DESIRED VEGETATIVE COMMUNITY(BUT NO MORE THAN FOUR TIMES A YEAR,EXCEPT AS PERMITTED BY EXISTING EASEMENTS AND AGREEMENTS).FURTHER,THE CONSTRUCTION,INSTALLATION, RELOCATION,REPAIR,REPLACEMENT,OPERATION,AND MAINTENANCE OF NEW OR EXISTING PUBLIC UTILITY STRUCTURES AND FACILITIES SHALL BE PERMITTED WITHIN THE FOREST AND OPEN SPACE EASEMENTS AND ACCESS TO SUCH STRUCTURES AND FACILITIES SHALL BE PERMITTED AS DESCRIBED IN EXISTING AND FUTURE UTILITY EASEMENTS AND AGREEMENTS. NO BUILDINGS, STRUCTURES, OR PERMANENT ROADS (PUBLIC OR PRIVATE) ARE PERMITTED IN SWM OPEN SPACE AREAS,EXCEPT FOR STRUCTURES AND FACILITIES ASSOCIATED WITH PUBLIC OR PRIVATE UTILITIES (PIPES, VALVES, MANHOLES, ETC.) PROVIDED, HOWEVER, THAT AFTER CONSTRUCTION, INSTALLATION, REPAIR, REPLACEMENT, OPERATION, MAINTENANCE OR REMOVAL OF SUCH UTILITIES, ANY DISTURBED SOIL SHALL BE RESTORED TO ITS ORIGINAL CONDITION OR AN ENGINEERED SOIL MIX SHALL BE PLACED PER THE DESIGN SPECIFICATIONS, AND THE SWM OPEN SPACE AREA OR AREAS SHALL BE RETURNED TO A NATURAL VEGETATED STATE. EASEMENT PLAT SHOWING FOREST/OPEN SPACE EASEMENT ON TAX MAP 16 PARCEL 10A5 (PARCEL B) HEREBY DEDICATED TO PUBLIC USE THE PROPERTY OF RONALD JAY TENPAS & KATHRYN DUNN TENPAS LOCATED ON STATE ROUTE 671(WESLEY CHAPEL ROAD) NEAR FREE UNION WHITE HALL MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA SCALE: I" = 300 ' DATE: JUNE 22, 2021 REVISED: JULY 16, 2021 REVISED: AUGUST 16, 2021 FOR: RONALD & KATHRYN TENPAS ROGER W.RAY & 663 BERKM CHARLOTTESVILLE, TELEPHONE: (4 GL ASSOC., INC. R COURT (IRGINIA 22901 4) 293-3195 :NG.COM De 5&55 P 1( 5 SHEET 1 OF 3 14929 THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND,FOREST/OPEN SPACE EASEMENT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER(S), PROPRIETORS,AND/OR TRUSTEES,IF ANY. 7.marwn� CITY/COUNTY OF SANJAY SHUKLA J - STATE OF Notary Public, District of Columbia THE FOREGOING I TR ENT WAS ACKNOWLEDGE My Commission Expires January 1, 2022 BEFORE ME THIS T DAY OF .d 2021. BY RONALD JAY TENPAS — # 0 NOTARY PUBLIC MY COMMISSION EXPIRES NOTARY SEAL CITY/COUNTY OF SANJAY S=UKLA STATE OF Notary Public, DistrTHE FOREGOING I ENT WAS ACKNO EDG MyCommission Expire BEFORE ME THIS I DAY OF Kr 2021. BY KATHRYN DUNN TENPAS NOTARY PUBLIC W r. MY COMMISSION EXPIRES NOTARY SAve VICINITY MAP — SCALE: 1 = 2000'+/- 667B CHAPEL SPRING LANE SITE 671 WESLEY CHAPEL ROAD 771 BALLARDS 609 MILL WESLEY ROAD CHAPEL ROAD TO FREE UNION -- DB ✓ 5 p 40--4 _ DATE: JUNE 22, 2021 REVISED: JULY 16, 2021 REVISED: AUGUST 16, 2021 ROGER W.RAY & ASSOC.,INC. 663 BERKMAR COURT CHARLOTTESVILLE,VIRGINIA 22901 TELEPHONE: (434) 293-3195 RAYSURVEYING.COM SHEET 2 OF 3 14929 NE BEARING DISTANCE GRAPHIC SCALE 1"=300' L1 S55°54'24"E 107.52 L2 S06 °30' 35"W 123.67 c� L3 S25 °43' 13"W 375.39 cn 0 300 600 900 L4 N63°22'42"W 180.30 L5 N42°44'17W 180.73 (n LEGEND: L6 N64°19'03"E 41.18 FOREST/OPEN SPACE EASEMENT L7 S58°13-31"E 142.83 LLLJ LB N22°06'33"E N80°06'42"W 325.01 403.96 M (2001) YEAR WAS PREVIOUSLY L9 L10 S44°10'58"W 95.27 FOUNDMBYUTHISION M. APPROXIMATE L11 N48°24'41"W 70.06 F LOCATION STREAM L12 N48°49'31"E 139.84 �o L13 S82°23'214 276.74 z ��'\.� 4 N06°39'53"E 26.40 / .5 S83°20'07"E 40.00 cc .6 S06 °39' 53"W 27.01 17 S79 °52' 17"E 191.41 / T. M. 16-10A5 PARCEL B RONALD JAY TENPAS & KATHRYN DUNN TENPAS /1 D.B.5289-739 \ IRON D.B.3126-715 PLAT / \9 -OUND AA T oo, ��-1- STRFq / To �Cq J M BUF\ os •\M M e�F FOREST/OPEN SPACE EASEMENT Se.F (3.28 ACRES) g HERO Y DEDCI USE CATED L 13 L1E 2. 90aj\ . APPROXIMATE ` LOCATION BJ \�• POND v� o o \ m � 0 a ` r 0 W O `fqM ^07 STREAM y�4 / BUFFER v� � L17 c.0 Bs�To � G�9F9 . F9� i i i / (MARKED) DOUBLE t8"WHITE OAK FOUND (2001) T.M.16-52A JACK M.GWALTNEY,JR. D.B.3073-152.155 PLAT W.B.113-269 0.8.858-24,27 PLAT D.B.769-516 D.B.363-505 PLAT APPROXIMATE LOCATION STREAM STREAM BUFFER O x Z a N A � m 5WJ/ D O raza m_ pg P m $ H xoc� no SCALE: 1 E— 0 e m v� 6 DATE: DUNE 22, 2021 m r°° o REVISED: JULY 16, 2021 H REVISED: AUGUST 16, 2021 a m m ROGER W.RAY & ASSOC.,INC. 663 BERKMAR COURT CHARLOTTESVILLE,VIRGINIA 22901 TELEPHONE'(434)3195 RAYSURVEY NG COM SHEET 3 OF 3 14929