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HomeMy WebLinkAboutSUB202100143 Easements 2021-10-29ROUDABUSH, GALE & ASSOC., Inc A PROFESSIONAL CORPORATION Serving Virginia Since 1956 TO: Cameron Langille, Principal Planner DATE: 10/29/2021 Albemarle County Community Devel. JOB #: 8538 401 McIntire Road PROJECT: Belvedere Charlottesville, VA 22902 X Attached Under separate cover via the following items: Quantity Item Description 4 Copies of plat for County signature 1 Deeds for reference Comments: Please sign and let me know when it's ready and we will come by and pick up. Bethany Velasquez, Senior Survey Supervisor bethanv(a)roudabush com These are transmitted as checked below: X For Approval/Signature _For your use _ As requested _Resubmitted w/revisions _ Review/Comment _For Bids due _Other _Please return Signed: cc: If enclosures are not as noted, kindly notify us at once. Received By: Date: 999 Second Street SE. Charlottesville. VA 22902 www.Roudabush.com 434.977.0205 ROUDABUSH, GALE & ASSOC. A PROFESSIONAL CORPORATION Serving Virginia Since 1956 TO: Cameron Langille, Principal Planner DATE: Albemarle County Community Devel. JOB #: 401 McIntire Road PROJECT: Charlottesville, VA 22902 X Attached Under separate cover via _ the following items: Item Description 4 1Copies of plat for Countv signature 11 1 Deeds for reference Comments: I Please sign and let me know when it's ready and we come by and pick up. Bethany Velasquez, Senior Survey Supervisor These are transmitted as checked below: _2L For Approval/Signature _For your use _Resubmitted w/revisions _ Review/Comment _Other _Please return Signed: If enclosures are not as noted, kindly notify us at once. Received By: As requested _For Bids due cc: Date: 999 Second Street SE. Charlottesville. VA 22902 www.Roudabush.com 434.977.0205 10/29/2021 8538 Belvedere This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). Prepared by: Garrett M. Smith, Esq. Va. Bar # 34162 New Belvedere, Inc. P.O. Box 7505, Charlottesville, VA 22906 Albemarle County Tax Map Parcels: 062GO-00-09-19600, 062GO-00-09-000AO DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this _st day of September, 2021, by and between and among THOMAS W. HOELSCHER and WENDY B. HOELSCHER, referred to collectively as "First Grantor", and NEW BELVEDERE. INC. referred to as "Second Grantor", and the ALBEMARLE COUNTY SERVICE AUTHORITY ("ACSA"), referred to as "Grantee", whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESS: WHEREAS, First Grantor is the owner of that certain real property (hereinafter "Lot 196") located in the Rio Magisterial District of Albemarle County, Virginia, more particularly described as follows: All that certain lot or parcel of land, with approvements thereon and appurtenances thereto, situate in Albemarle County, Virginia, shown as "Lot 196" containing 0.180 acres, more or less, in Phase IIA-2, on a subdivision plat by Dominion Engineering entitled "Belvedere Phase IIA-2, TMP 62-5, Rio Magisterial District, Albemarle County, Virginia," dated December 12, 2014 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, ("Clerk's Office") in Deed Book 4583, Page 375, starting on page 383; reference to said plat is hereby made for a more accurate description of the property. Being the same real property conveyed to First Grantor as tenants by the entirety by Thomas W. Hoelscher and Wendy B. Hoelscher by deed of gift dated November 19, 2020 recorded in the Clerk's Office in Deed Book 5439 at page 36. WHEREAS, the Second Grantor is the owner of that certain real property known as TMP 62G-09-A hereinafter "Open Space A" located in the Rio Magisterial District of Albemarle County, Virginia, more particularly described as follows: All that certain lot or parcel of land, with approvements thereon and appurtenances thereto, situate in Albemarle County, Virginia, shown as "Open Space 1.695 Ac. which, together with certain Preservation Areas and a Conservation Area contains 2.077 acres, more or less, in Phase IIA-2, on a subdivision plat by Dominion Engineering entitled "Belvedere Phase IIA-2, TMP 62-5, Rio Magisterial District, Albemarle County, Virginia," dated December 12, 2014 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4583, Page 375, starting on page 383; reference to said plat is hereby made for a more accurate description of the property. Being the same real property conveyed to Second Grantor by Belvedere IIA, LLC by deed in lieu of foreclosure dated February 13, 2018 recorded in the Clerk's Office in Deed Book 5021 at page 475. WHEREAS, the First Grantor and the Second Grantor (collectively referred to herein as "Grantors") desire to define a portion of Lot 196 and Open Space A as a sanitary sewer easement area more particularly described as follows: That certain area shown and designated as "NEW 20' ACSA SANITARY EASEMENT CENTERED ON AS -BUILT LOCATION" hereafter the "Easement Area" on "Plat Creating A New Sanitary Sewer Easement & Adjusting Boundary Lines of Tax Map 62G Parcels 09-A & 09-196 Lot 196 and Open Space Phase IIA-2 of Belvedere Subdivision Rio District, Albemarle County, VA," dated August 2, 2021 prepared by Brian D. Jamison, L.S., Roudabush Gale & Associates, Inc., recorded herewith (the "Lot 196/Open Space Easement Plat"), to be dedicated to public use. Reference is made to the Lot 196/Open Space Easement Plat attached hereto and recorded herewith for a more particular description of the easement conveyed herein. WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement Area established for the purpose of those sanitary sewer improvements (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Second Grantor or Grantee), excluding building connection lines. WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey an easement over the Easement Area 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 First Grantor and Second Grantor do hereby GRANT and CONVEY, to the Albemarle County Service Authority, its successors and assigns, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, a perpetual right-of-way and easement centered twenty (20) feet in width on the constructed sanitary sewer line to construct, install, maintain, repair, replace and extend sanitary sewer lines and/or water lines, consisting of pipes and appurtenances thereto.. 2 First Grantor and Second Grantor, for themselves and their successors and/or assigns, agree that trees, shrubs, fences, buildings, over -hangs or other improvements or obstructions shall not be placed within the Easement Area. As a part of this easement, the Albemarle County Service Authority shall have the right to enter upon the above -described Easement Area for the purpose of constructing, installing, maintaining, repairing, replacing and extending sewer lines and appurtenances thereto, and water lines and appurtenances thereto, within such easement and the right to ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend such sewer lines and such water lines. If the Albemarle County Service Authority is unable reasonably to exercise the right of ingress and egress over the right-of-way, the Authority shall have the right of ingress and egress over the property of Grantors adjacent to the right-of-way. As a further part of this easement, the Grantors shall have the right to enter upon the above -described Easement Area for the purpose of constructing, installing, maintaining, repairing, replacing and extending sewer lines and appurtenances thereto, and water lines and appurtenances thereto, within such easement and the right to ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend such sewer lines and such water lines. Whenever it is necessary to excavate earth within the Easement Area, the Albemarle County Service Authority, and the Grantor agree to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. The easements provided for herein shall include the right of the Grantor and Grantee to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe water and sewer installation, operation and maintenance. The Grantee shall have no responsibility to the Grantor, its successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. The facilities constructed within the permanent Easement Area shall be the property of the Albemarle County Service Authority, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or 9 extensions of its facilities within the boundaries of the Easement Area as is consistent with the purposes expressed herein. Provided, however, that it is expressly understood and agreed that the Grantee shall not be deemed to have accepted the conveyance set forth hereinabove until such time as the same shall have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Grantee. WITNESS the following signatures and seals. /SIGNATURES APPEAR ON FOLLOWING PAGES/ FIRST GRANTOR: Thomas W. Hoelscher Wendy B. aelscher COMMONWEALTH Qf VIRGINIA COUNTY/GiTY OF The foregoing instrument was acknowledged before me this 4day of 2021 by Thomas W. Hoelscher and Wendy B. Hoelscher My Commission Expires: 60.00 25 Registration number: q6-0*4- CARRIE K. KIMBROUGH NOTARY PUBLIC REGISTRATION R 7562867 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DUNE 30. 2025 5 SECOND GRANTOR: NEW BELVEDERE, INC., a Virginia corporation By: �Xzz Steven C. Krohn, Executive Vice President COMMONWEALTH QFVIR INIA COUNTYJQ4TY OF � ff The foregoing instrument was acknowledged before me this A day of e� 2021 by Steven C. Krohn, Executive Vice President of New Belvedere. Inc. My Commission Expires: a 3025 Registration number: 76o NOTARY PUBLIC REGISTRATION#7562867 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 11 GRANTEE: ALBEMARLE COUNTY SERVICE AUTHORITY CgAAAAQPFU,/EALTH OF VIRGINIA OUNTY, TY OF A\W M(y\Q, , to wit: The foregoing instrument was acknowledged before Ul�yner , 2021, by Gary O'Connell, Executive Service Authority. /1 N My Commission Expires: ICI ?I Ia0-aa Registration number: vq� me this � day of Director gAlbemarle County E SNP OL�G '1 � -,bib NAP VG�s . iE.N,, G MMOsb <03 ' 2p22 M� Geoem Prepared by and return to: Garrett M. Smith, Esq., VA Bar # 34162 New Belvedere, Inc. P.O. Box 7505, Charlottesville, VA 22906 Albemarle County Tax Map Parcel: 062GO-00-07-00000 (0.21 ac); 062GO-00-0-000A0 ( ac) AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE Phases IIA and 11B Termination and Release of Two Preservation Areas and Withdrawal of Parcel X from Common Area THIS AMENDMENT TO DECLARATION is made this _th day of September, 2021, by NEW BELVEDERE. INC., a Virginia corporation (the "Declarant") amends the Belvedere Declaration as provided herein. Recitals: A. The Trustees of the Belvedere Station Land Trust (the "Original Declarant") executed the Belvedere Declaration of Covenants and Restrictions, dated January 25, 2008, recorded January 29, 2008, in the Clerk's Office of the County of Albemarle ("Clerk's Office") in Deed Book 3545, page 1, as amended by various supplemental declarations recorded in the Clerk's Office (collectively, the "Belvedere Declaration") thereby subjecting the property described therein to the Belvedere Declaration. The Trustees reserved, for themselves, their affiliates and their successors and assigns the right to subject additional properties to the Belvedere Declaration with such complementary additions and/or modifications of the covenants and restrictions contained in the Belvedere Declaration as may be necessary or convenient, in the sole judgment of Declarant. B. The Original Declarant (and its affiliates, Belvedere IIA, LLC a Virginia limited liability company and Belvedere Town Center, LLC, a Virginia limited liability company) assigned and transferred to Declarant all rights of Declarant under the Belvedere Declaration pursuant that certain Assignment of Declarant and Developer Rights dated September 15, 2017, recorded October 11, 2017 in the Clerk's Office in Deed Book 4970, page 54. 1 C. Declarant owns those certain Common Area parcels in Block 9 of Belvedere subdivision shown and designated in: a. Phase IIA-2 as: i. "Preservation Area 0.040 Ac." (hereafter "PRESERVATION AREA 0.040 AC.") designated on Sheet V5 of "Subdivision Plat Belvedere Phase IIA-2 TMP 62-5 Rio District, Albemarle County, VA," dated October 21, 2014 last revised December 17, 2014 prepared by Dominion Engineering (the "Phase IIA-2 Plat") attached to Supplemental Declaration of Covenants and Restrictions for Belvedere Phase IIA-2 Residential recorded in the Clerk's Office in Book 4583 at page 375 which subjected the said PRESERVATION AREA 0.040 AC. to the Belvedere Declaration as Common Area. ii. "Parcel X" containing 0.020 acres more or less (hereafter "PARCEL X") in Belvedere Phase IIA-2 on a plat by Roudabush Gale & Associates, Inc. entitled "Plat Creating a New Sanitary Sewer Easement & Adjusting Boundary Lines of Tax Map 62G Parcels 09-A & 09-196 Lot 196 and Open Space Phase IIA-2 of Belvedere Subdivision, Rio District, Albemarle County, VA," dated August 13, 2021 prepared by Brian D. Jamison, L.S., Roudabush Gale & Associates, Inc., attached hereto and recorded herewith (the "BLA Plat"); and in b. Phase IIB as: Preservation Area 0.205 Ac. (hereafter "OPEN SPACE C") designated on Sheet V8 of Plat Showing Subdivision of TMP 61-160 Belvedere Phase IIB, Rio District, Albemarle County, Va. dated June 3, 2018 prepared by Roudabush Gale & Assoc. Inc. (the "Phase IIB Plat") attached to the Supplemental Declaration of Covenants and Restrictions for Belvedere Phase IIB (Residential) recorded in the Clerk's Office in Book 5169 at page 566 which subjected the said OPEN SPACE C to the Belvedere Declaration as Common Area. D. The Belvedere ZMA Code of Development provides in the section entitled Planned Land Uses that the Block 9 Preservation/Conservation Easement area. which 2 incorporates PRESERVATION AREA 0.040 AC. and OPEN SPACE C, is "primarily for the purpose of providing a vegetative buffer for the adjacent single-family development. E. Declarant has acquired the land adjacent to and buffered by the Block 9 preservation areas referenced in the foregoing quotation and intends to develop it as Phase V of Belvedere subdivision. As a result, the vegetative buffer required by the ZMA Code of Development for another development is no longer necessary. F. The Declarant has requested, and the Albemarle County Board of Supervisors has granted, a special exception to vary the Belvedere ZMA Code of Development to eliminate the Preservation Area in Block 9 which incorporates PRESERVATION AREA 0.040 AC. and OPEN SPACE C. G. Declarant in this Supplemental Declaration intends to terminate the platted designations of PRESERVATION AREA 0.040 AC. and OPEN SPACE C as "Preservation Areas" within the meaning of the Belvedere ZMA Code of Development without affecting their designations as Common Areas that are Open Spaces under the Declaration. H. Pursuant to Article IV, Section 2 of the Belvedere Declaration of Covenants, Restrictions, Rights, Affirmative Obligations and Conditions (the "Declaration") dated January 25, 2008 of record in the Clerk's Office in Deed Book 3545, page 1 (the "Declaration"), the Declarant's predecessor reserved the right in Declarant's sole discretion, to convey some of the Common Areas to other entities; and the definition of "Common Areas" in the Declaration includes "Open Space"; I. Declarant in this Supplemental Declaration intends to withdraw PARCEL X from the Common Area of Belvedere subdivision and to terminate its status as Open Space; NOW, THEREFORE, pursuant to the authority reserved to the Declarant in Article II, Section 2, of the Belvedere Declaration, the Declarant declares that (i) the designations of "Preservation Area" as to PRESERVATION AREA 0.040 AC. and OPEN SPACE C on the Phase IIA-2 Plat and the Phase IIB Plat respectively are hereby terminated and released provided Declarant intends that those areas shall remain Common Areas subject to the Belvedere Declaration as Open Space; and (ii) PARCEL 3 X is hereby withdrawn from the Phase IIA-2 Common Area and the designation of its .020 acres as Open Space on the Phase IIA-2 Plat is hereby terminated and released. 1. All capitalized terms not otherwise defined in this Amendment to Declaration shall have the meanings given such terms in the Belvedere Declaration or as applicable the Belvedere ZMA Code of Development. 2. Reservation of Rights. Declarant reserves the right, by one or more subsequent amendments or supplemental declarations and/or by duly recorded subdivision plats, to subdivide, combine, re -subdivide, re -combine, or otherwise modify or reconfigure any portion or all of the Property that has been subjected to the Declaration. NEW BELVEDERE, INC., a Virginia corporation By: Steven C. Krohn, Executive Vice President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ALBEMARLE- The foregoing instrument was acknowledged before me this M day of 2021 by Steven Krohn, E uti Vice President, New elvedere, Inc., Grantor. , %]%p 9 r Notary Public My Commission expires: 6/lY 3o 26 =EGISTRATION MBROUGH UBLIC #7582667�l!'G (n.0 OFVIRGINIA ReglStratlOn NUmbeC �fi`��C/Yn N EXPIRES 2025 4 This deed is exempt from taxation under Virginia Code § 58.1-811(D). Prepared by: Garrett M. Smith, Esq. Va. Bar # 34162 New Belvedere, Inc. P.O. Box 7505, Charlottesville, VA 22906 Albemarle County Tax Map Parcels: 062GO-00-09-000AO (a 0.020 ac. portion referred to as "Parcel X"), 062GO-00-09-19600 DEED OF GIFT BY BOUNDARY ADJUSTMENT THIS DEED OF GIFT BY BOUNDARY ADJUSTMENT is made this _st day of September, 2021, by and between NEw BELVEDERE. INC. referred to as "Grantor", and THOMAS W. HOELSCHER and WENDY B. HOELSCHER, referred to collectively as "Grantee", whose address is 1218 Farrow Drive, Charlottesville, Virginia 22901. WITNESS: WHEREAS, the Grantor is the assignee of all rights of Declarant under the Belvedere Declaration pursuant that certain Assignment of Declarant and Developer Rights dated September 15, 2017, recorded October 11, 2017 in the Clerk's Office in Deed Book 4970, page 54. WHEREAS, the Grantor is the owner of TMP 62G-09-A a parcel of real property shown and designated as "Open Space" on "Subdivision Plat Belvedere Phase IIA-2 TMP 62-5 Rio District, Albemarle County, VA" recorded in Deed Book 4583, at page 375 as amended, it being a portion of the same real property conveyed to Grantor by Belvedere IIA, LLC by deed in lieu of foreclosure dated February 13, 2018 recorded in the Clerk's Office in Deed Book 5021 at page 475. WHEREAS, the said Open Space is the parent parcel from which the parcel that is the subject of this deed of gift by boundary adjustment is divided and more particularly described as follows: "Parcel X" containing 0.020 acres more or less ("Parcel X") in Belvedere Phase IIA-2 on a plat by Roudabush Gale & Associates, Inc. entitled "Plat Creating a New Sanitary Sewer Easement & Adjusting Boundary Lines of Tax Map 62G Parcels 09-A & 09-196 Lot 196 and Open Space Phase IIA-2 of Belvedere Subdivision, Rio District, Albemarle County, VA," dated August 13, 2021 prepared by Brian D. Jamison, L.S., Roudabush Gale & Associates, Inc., attached hereto and recorded herewith (the "BLA Plat"). 1 WHEREAS, Grantee is the owner of that certain real property (hereinafter "Lot 196") located in the Rio Magisterial District of Albemarle County, Virginia, adjacent to and contiguous with Parcel X and more particularly described as follows: All that certain lot or parcel of land, with approvements thereon and appurtenances thereto, situate in Albemarle County, Virginia, shown as "Lot 196" containing 0.180 acres, more or less, in Phase IIA-2, on the BLA Plat Being the same real property conveyed to Grantee as tenants by the entirety by Thomas W. Hoelscher and Wendy B. Hoelscher by deed of gift dated November 19, 2020 recorded in the Clerk's Office in Deed Book 5439 at page 36. WHEREAS, the Grantor desires to gift and convey Parcel X to Grantee for no consideration; and WHEREAS, the land hereby conveyed to Grantee is adjacent to and contiguous with the land of Grantor as more particularly shown on the BLA Plat and it is the desire and intent of the Grantor and Grantee to adjust various common boundary lines as shown on the BLA Plat; and WHEREAS, by Amendment to Declaration of Covenants and Restrictions for Belvedere pursuant to Article IV, Section 2 of the Belvedere Declaration of Covenants, Restrictions, Rights, Affirmative Obligations and Conditions (the "Declaration") dated January 25, 2008 of record in the Clerk's Office in Deed Book 3545, page 1 (the "Declaration"), the Grantor's predecessor as Belvedere's Declarant reserved the right, at its sole discretion, to convey some of the Common Areas to other entities; and the definition of "Common Areas" in the Declaration includes "Open Space"; WHEREAS, pursuant to Article X, section 17 of the Declaration the Declarant is entitled to consent to the change of the boundary lines of Lots and intends by this instrument to do so with respect to Lot 196; and NOW, THEREFORE, for the mutual agreements shared between the parties the Grantor does hereby quitclaim, release, grant and convey any and all right, title and interest the Grantor may possess in and to the following described property unto Grantee as tenants by the entirety with the right of survivorship as at common law, and not as tenants in common: SEE SCHEDULE A 1 This conveyance of 0.020 acres of land is made for the purpose of adjusting the boundary lines of said lands of Grantor and Grantee thus creating new Lot 196 owned by Grantee containing 0.200 acres of land, and new Open Space A owned by Grantor containing 2.057 acres of land. This conveyance is made expressly subject to the easements, restrictions, conditions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed which have not yet expired by limitation of time contained therein or have not otherwise become ineffective. 196. As owner of Lot 196, Grantee hereby consents to the addition of Parcel X to Lot WITNESS the following signatures and seals. /SIGNATURES APPEAR ON FOLLOWING PAGES/ 3 GRANTOR: NEW BELVEDERE, INC., a Virginia corporation Steven C. Krohn, Executive Vice President COMMONWEALTH OF VIRGINIA COUNTY/.Q1 Y OF The foregoing instrument was acknowledged before me this 4 day of 2021 by Steven C. Krohn, Executive Vice President of New Belvidere, Inc. ICI My Commission Expires:aj'3Q Zoe Notary Public U Registration number:Zt�(Q� CARRIE K. KIMBR0UGH NOTARY PUB LIC RE GI S TRA7I ON p 7562867 MMONWEALTH OF VIRG I NIAY Ec COMMISSION EXPIRES DUNE 30, 2025 0 GRANTEE: 1�6�MOA K) l05 ( Thomas W. Hoelsher Wendy B. Hoelscher COMMONWEALTH Of VIRGINIA COUNTY/Q OF The foregoing instrument was acknowledged before me this day of 2021 by Thomas W. Hoelscher and Wendy B. Hoelscher I/ My Commission Expires: N 30 115 Registration number: qqpz�ol Public =KIMBROUGHK. BROUGHUBLICM7562867COF VIRGINIAN EXPIRES2025 E, SCHEDULE A That certain area shown and designated as "Parcel V, hereafter the "Easement Area", on "Plat Creating a New Sanitary Sewer Easement & Adjusting Boundary Lines of Tax Map 62G Parcels 09-A & 09-196 Lot 196 and Open Space Phase IIA-2 of Belvedere Subdivision, Rio District, Albemarle County, VA," dated August 2, 2021 prepared by Brian D. Jamison, L.S., Roudabush Gale & Associates, Inc., attached hereto and recorded herewith Being a portion of the same real property conveyed to Grantor by Belvedere IIA, LLC by deed in lieu of foreclosure dated February 13, 2018 recorded in the Clerk's Office in Deed Book 5021 at page 475.