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Home My WebLink AboutWPO202100035 Easements 2022-03-28202200003769 PG 001 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number: 03200-00-00-041 A2 This deed is exempt from taxation under Virginia Code § 58.1-811(Ax3) and from Court Clerk's fees wider Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT, dated this edday of March, 2022, is by and between RIVANNA WATER AND SEWER AUTHORITY, 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 "New Stormwater Management Facility Easement Dedicated for Public Use" and "New 10' Wide Stormwater Management Facility Access Easement Dedicated for Public Use" (collectively, hereinafter, the "Easement"), shown on the plat of SEH (Short Elliot Hendrickson, Inc.) dated November 3, 2021, last revised February 1, 2022, entitled "Plat Showing Storm Water Management Facility Easement TMP 32-41 AT' (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. 03200-00-00-041 A2, acquired by the Grantor herein by certificate of take recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4912, page 328 (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 in Deed Book 5637, page 659, in which the Grantor has agreed to construct and maintain on -site stormwater managementBMP facilities; and Vueian: 05a3/19 202200003769 PG 002 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 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 managemem/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 Version: 05M/19 202200003769 PG 003 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. v.mo: W23n9 202200003769 PG 004 WITNESS the following signatures. GRANTOR: COMMONWEALTH OF VIRGINIA CITY/COUNTYOF Albevmrlt RIVANNA WATER AND SEWER AUTHORITY By. William L Mawyer, Jr. Executive Director The foregoing instrument was acknowledged before me this 1V%y of March, 2022, by William I. Mawyer, Jr., Executive Director, Rivanna aterr aXts�(and Sewer AAuthority, Grantor. —OtQ41 . N taryPublic My commission Expires: 431 Registration number: 7ic8B g17 .p0, SN ANryN •. A �'NOTARY '�7f PUBLIC : � REG#7WI7?_ t uy C0MM%SI0N: p EXPIRES i2r4112024.4' o SIGNATURES CONTINUE ON THE FOLLOWING PAGE V. 05=9 202200003769 PG 005 GRANTEE: COUNRB Bydson County Executive COMMONWEALTH OF VIRGINIA CITYAGWEIMFi' OF (AAQlof(E`Alga The foregoing instrument was acknowledged before me this ��day of�� 20_21_ by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. h , � n n Not ry Public My Commission Expires: C7rI.3I oQ15 Registration number: —It 53—Atn'& Approved as to Form: V\ 11�iY ,�_J,Zi Z County Attorney Date y CNERYL L. SKEEN NOTARY PUBLIC REGISTRATION, 7153762 COMMONWEALTH OF VIRGINIq MYCOMMISSION EXPIRES OCT, 37, 2023 vm 05IM9 202200003769 PG 006 PORT ROAD OWNERS APROVAL THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED STORMWATER MANAGEMENT FACILITY EASEMENTS ON THE LANDS OF RNANNA WATER & SEWER AUTHORITY, TAX MAP PARCEL 32i1A2, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. FOR: RIVANNA WATER & SEWER AUTHORITY BY: / .Llf». _ — — 1--) 1 /... .. UCOUNTY OF ALBEMARLE BOARD OF SUPERVISOR: 1N �O��tipLTH I U B AD E J ll S .p Lie. No. 02063557 2/1/2022 s`S10NAL �tiyG w �• Ynf}'wYEfL �v� ' SURVEY NOTES: (PRINT NAME) 1. PROPERTY &ZONING INFORMATION: 4. BASIS OF MERIDIAN NAD 63 VA SOUTH ZONE. 8. THE PROPERTY SHOWN HEREON IS NOT LOCATED WITHIN AN AGRICULTURAL -FORESTAL DISTRICT. STATE OF: fIrSI.Vic\ OWNER: RNANNA WATER &SEWER AUTHORITY 5. BASED ON FEMA FLOOD INSURANCE RATE MAP (FIRM), MAP NO, n1� eyl�C�Y-�i>. REFERENCE: D.B. 4912, PG. 328 51 G03C0140D (PANEL NO. 140 OF 575) & 51003CO145D (PANEL 145 9. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN AN COUNTY OR CITY OF: f'T Ib COUNTY TAX MAP NUMBER: 32-41A2 OF 575), EFFECTIVE FEBRUARY 4, 2005. THE SUBJECT ENTRANCE CORRIDOR OVERLAY AREA. ,N��N �rr��rrr PROPERTY ADDRESS: PROPERTY LIES IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE FOREGOING WAS ACKNOWLEDGED BEFORE M 0 %A ANN N'VFA: 1.60 ACRES OF THE 0.2%ANNUAL CHANCE FLOODPLAIN. 10. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN AN Q'� 691ED: RA (RURAL AREAS) AIRPORT IMPACT AREA. THIS o DAY OF MaYON 20i2 Z NOTAR� ••. 6, THIS PLAT HEREBY DEDICATES ACCESS EASEMENT TO THE �` • -NOT kit kUNDARY INFORMATION SHOWN HEREON IS BASED ON STORMWATER MANAGEMENT FACILITY. 11. NO MANAGED OR PRESERVED STEEP SLOPES PRESENT W ; REG t: T68861T S ISIYSICAL FIELD SURVEY OBTAINED IN MARCH 2017 AND GIB ONMATHIN PROPERTY. MY COMMISSION Sif FORMATION PROVIDED BY THE COUNTY OF ALBEMARLE. 7. THIS PROPERTY SHOWN HEREON IS LOCATED WITHIN THE NOT Y PUBLIC �Q,' EXPIRES POWELL CREEK WATERSHED PER COUNTY GIS; PROPERTY IS •' 12I3U2024� •3J THIS PLAT DOES NOT REPRESENT A FORMAL BOUNDARY NOT LOCATED WITHIN A WATER SUPPLY PROTECTION AREA. Z'� LLU.L(� riM�'•••• •yy �g�� 3URVEY PERFORMED BY THIS FIRM. MY COMMISSION EXPIRES: r._ dl TH V` •J� SEH Project 153082 Revision Date 02/01/2022 PLAT STORM WATER l/ Original Date 1 V03/2021 SHOWING/ 200 0 200 400 Drawn By BJw MANAGEMENT FACILITY EASEMENT -� scale 1 0 met Designed By BJW TMP 32-41A2 SEH Checked By KAK 1 of 2 202200003769 PG 007 N c a m m ran N z 2 a X V ANTICIPATED VDOT I GRADING EASEMENT ANTICIPATED RIGHT -OF -WAY -WAY I 1 h,p ( 32-41A3 DAVID P. TURNER & THE MARKET PLACE OF VIRGINIA LC (D.B. 4151. PG. 310) ZONING: RURAL AREAS ♦� - 80' I I PROPOSED I L..� (APPROX) f j CHAIFENCK �G 3241 D2 Il- MICROAIRE HOLDING 1 COMPANY LLC ' (D.B. 5240, PG. 170) ZONING- LIGHT INDUSTRY NEW 10' WIDE STORMWATER MANAGEMENT FACILITY ACCESS EASEMENT DEDICATED FOR PUBLIC USE. AREA=3,098 SF (0.07 AC..) TIE LINE N 42°14'02' 858"20'01F I 1t. 104.47 CONTROLPOINT HYDRANT TOP NUT N 3936040.4560 • E 11499864.5000 EL=fi16.83 3241A1 I N 39°68'55" E LEASE AREA 83.55 CROWN COMMUNICATION INC X (D.B. 4151, PG. 310) ZONING: RURAL AREAS I S 5 "Of 5" E �i 132E CONTROL POINT CONTROL POINT NAIL NAIL N 3936050.7740 N 3935996.9300 E 11500044d 500 E 1150008626.20 EL - 625.58 ' EL = 6260 X IN 7r (APPROX) I J I f1t, ^Im RamW>f4m O II CURVE 0 RADIUS LENGTH CH DISTANCE CH DIRECTION DELTA C1 20.0 30.63 27.72 888°06'23"E 97"4443" xC CONTROL POINT NAIL N 3935942.0420 E 1150031CA600 EL = 608.53 3241A2 RIVANNA WATER AND SEWER AUTHORITY (D.B. 4912, PG. 328) ZONING: RURAL AREAS EXISTING 20' LANDSCAPE BUFFER S 38°40'01" W f CONTROL POINT 196.78 NAIL N 3935898.4050 E 1155100 EL-61.14 3.14 EL = TIE LINE S 17"29'03"W 78.38 \ S 50°25'02' E %260.41 "^ \ S 38'40'01" W 1 N 50°01'D5"W 46.73 EXISTING 20' LANDSCAPE BUFFER STORAGE MANAGEMENT I LLC (D.B. 1921, PG. 423) ZONING: HIGHWAY COMMERCIAL N 38°38'01" E �191.03 CONTROL POINT NAIL N 11500340.230 E 71500340.2300 EL = 599.30 CONTROL POINT NAIL N 3935880.3250 E 11500294.3600 EL=605.11 NEW STORMWATER MANAGEMENT EASEMENT FACILITY EASEMENN T DEDICATED FOR PUBLIC USE 3' AREA-9,359 SF (0.21 AC.) - - ^-N 85°54'35"E _ 1 22.33 -� - , 5' 7 N 50°25'04" W VARIES S 42*14'02" W S 50°25'02" E 280.25 TIE LINE 11.1D S 67'42'15" E VARIES 30.60 S 58 513'31NE 145.23 EXISTING 20' LANDSCAPE BUFFER 396.78 CONTROL POINT NAIL N 3935878.8410 I E 11500062.4600 3241R EL-621.31 POST OFFICE LAND TRUST; CHARLES WM HURT & SHIRLEY FISHER TRUSTEES (D.B. 1661, PG. 116) I ZONING: PLANNED DEVELOPMENT MIXED COMMERCIAL LEGEND PROPERTY BOUNDARY 2 + ® NEW STORMWATER MANAGEMENT FACILITY ACCESS MANAGEMENT EASEMENT ® NEW STORMWATER MANAGEMENT FACILITY EASEMENT Lic. SEH Project 153082 Revision Date 02/01/2022 50 0 50 100 Original Date 11/0312021 PLAT SHOWING STORM WATER _ Drawn By BJw MANAGEMENT FACILITY EASEMENT SEH scale 2s feet Designed By BJw TMP 32-41A2 Checked By KAK 2 Of 2 202200003769 PG 008 INSTRUMENT # 202200003769 E-RECORDED IN THE CLERK'S OFFICE OF ALBEMARLE ON MARCH 28, 2022 AT 02:32PM JON R. ZUG, CLERK RECORDED BY: EMJ