HomeMy WebLinkAboutSUB201800227 Easements 2019-07-29 This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Parcel ID 07800-00-00-015C0
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 ` 1 , ROM ,is by and
between ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision of the
Commonwealth of Virginia, 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"Stormwater Management Facility&
Drainage Easement"to be dedicated to public use, shown on the plat of Dewberry
Engineers Inc., dated March 8, 2019, and last revised April 30,2019,entitled"Plat
Showing a Stormwater Management Facility&Drainage Easement and Access Easement
Across the Property of the Albemarle County Service Authority,"a copy of which is
attached hereto and recorded with this deed(hereinafter,the "Easement"and the"Plat").
Reference is made to the Plat for a more particular description of the easement conveyed
herein.
WHEREAS,the Property is described further as a portion of that certain lot or parcel of land
situated in the Rivanna Magisterial District of the County of Albemarle, Virginia, described as
Albemarle County Parcel ID 07800-00-00-015C0 (hereinafter,the"Property"), acquired by the
Grantor herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 1240,Page 287; 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
and Other Techniques" (hereinafter,the "Maintenance Agreement"), recorded in the Clerk's
Office in Deed Book 5139,page 433, in which the Grantor has agreed to construct and maintain
on-site stormwater management/BMP facilities;and
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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
the Maintenance Agreement also provides in part that,in the event the Grantor, its successors and
assigns, fails to maintain the stormwater management/BMP facilities in good condition
acceptable to the County, the County may enter upon 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, a perpetual easement as shown on the Plat and as referred to herein as the
Easement.
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 to which
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 shall have the right to assign this Easement as its
interests may require.
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5. Binding effect. The Easement and the rights and obligations established herein shall run
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.
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 maybe
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(s), any residue of the Easement shall remain subject
to this Deed of Dedication and Easement. The termination of any portion of the Easement(s)
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.
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WITNESS the following signatures.
•
GRANTOR: ALBEMARLE COUNTY SERVICE AUTHORITY
B mot►/AO êAAA44P
in O(41nnell
Ex:iutiv- Director
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF 1y /Y ilt,
The foregoing instrument was acknowledged before me this IT day of
do/`9 by Gary O'Connell, Executive Director of the Albemarle County Service Authori .
otary Public
My Commission Expires: t c l ?/ go r
Registration number: �f"2 3✓3 3
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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GRANTEE: COUN F ALBEMARLE,VIRGINIA
By:
Je y B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF 19, ••
The foregoing instrument was acknowledged before me this day of 1-I tL
toil by Jeffrey B. Richardson,County Executive, on behalf of the County of Albemaile,
Virginia, Grantee.
�` otary Public
UQ�J
My Commission Expires:! ,q
r KATIE ALEESE EATMON
Registration number: Ult ~ n NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
REGISTRATION #7681364
Approved as to Form: MY COMMISSION EXPIRES NOV.30,2020
(LtL Li
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County Attorney Date
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