HomeMy WebLinkAboutSUB202100139 Easements 2022-05-23THIS DOCUMENT WAS PREPARED BY:
JAMES P. COX, III, ESQUIRE, VSB #23021
MICHIE HAMLETT, PLLC
310 4` STREET, N.E., 2nd FLOOR, P.O. BOX 298
CHARLOTTESVILLE, VA 22902
(434) 9517230
Tax Maps Identification: 08500-00-000-029A9
08500-00-000-034AO
Name of Title Insurance
Underwriter for Instrument: Unknown
THIS DEED WAS PREPARED WITHOUT THE BENEFIT OF A TITLE
SEARCH
THIS DOCUMENT IS EXEMPT FROM RECORDATION TAXES UNDER SECTION
58.1-811A(10) OF THE CODE OF VIRGINIA.
DEED OF BOUNDARY ADJUSTMENT AGREEMENT AND
CORRECTED DEED OF EASEMENT
This DEED OF BOUNDARY ADJUSTMENT AGREEMENT AND CORRECTED
DEED OF EASEMENT (the "Agreement'), dated as of April 24 2022, by and between
Bradley A. DANIEL and Marcy L. DANIEL, CO -TRUSTEES of the DANIEL LIVING
TRUST, DATED NOVEMBER 27, 2018 (First Grantor and Second Grantor, collectively
Grantors), whose address is 938 Apero Way, El Dorado Hills, CA 95762, and
Richard C. CRISLER, III (First Grantee and Second Grantee), whose address is P.O. Box 53,
Charlottesville, VA 22902, and
the COUNTY OF ALBEMARLE, VIRGINIA, (hereinafter ALBEMARLE COUNTY) a
political subdivision of the Commonwealth of Virginia, a party of the third part to be indexed as
a Grantor, and
the ALBEMARLE CONSERVATION EASEMENT AUTHORITY (formerly the
ALBEMARLE COUNTY PUBLIC RECREATIONAL FACILITIES AUTHORITY)(hereinafter
the AUTHORITY), a public recreational facilities authority established pursuant to Virginia
Code § 15.2-5600 et seq., and a political subdivision of the Commonwealth of Virginia, a party of
the third part to be indexed as a Grantor, provides as follows:
1
RECITALS:
1. Bradley A. Daniel and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust,
Dated November 27, 2018 (the "Daniels'), are the owner of certain real property located in the
County of Albemarle, Virginia, designated as Tax Map Parcel 08500-00-000-029A9 ("TMP
85-29A9").
2. Richard C. Crisler, III, is the owner of certain real property located in the County
of Albemarle, Virginia, designated as Tax Map Parcel 08500-00-000-034AO ("TMP 85-34A11).
3. TMP 85-29A9 and TMP 85-34A are adjacent to each other.
4. Presently a small portion of the improvements located on TMP 85-34A and part
of a driveway serving such improvements encroach on TMP 85-29A9.
5. The Grantors and the Grantee have caused a plat of survey to be made by Kirk
Hughes and Associates, entitled "Plat Showing Parcels X. . . to Be Added to and Combined with
TMP 85-34A and Parcels Y ... To Be Added to and Combined with TMP 85-29A9 ...," dated
August 4, 2021, as revised (the "Plat"), a copy of which Plat is attached hereto and made a part
hereof.
6. In order to remedy the encroachments and maintain the same acreages for TMP
85-29A9 and TMP 85-34A, the Daniels and Crisler desire to adjust the boundary lines between
TMP 85-29A9 and TMP 85-34A by:
a. Conveying Parcel X as shown on the Plat to TMP 85-34A; and
b. Conveying Parcel Y as shown on the Plat to TMP 85-29A9.
7. TMP 85-29A9 is subject to a Deed of Easement granted to the County of
Albemarle, Virginia, and the Albemarle County Public Recreational Facilities Authority, now the
Albemarle Conservation Easement Authority, by instrument recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia (the "Clerk's Office") in Deed Book 3159, page 98
(Instrument Number 200600002669 [the "Deed of Easement"]).
8. By Motion approved by the Authority on December 9, 2021 (the "Authority
Motion") and by the Resolution approved by the Board of Supervisors for Albemarle County on
April 20, 2022, having found this to be consistent with the purposes of the Deed of Easement,
such parties have agreed to join in this Agreement to:
a. Release Parcel X from the terms and conditions of the Deed of Easement;
and
b. Accept and subject Parcel Y to the terms and conditions of the Deed of
Easement.
A copy of the Authority Motion and the Resolution are attached hereto.
2
NOW, THEREFORE, for and in consideration of the conveyance of Parcel Y, Bradley A.
Daniel and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust, Dated November 27, 2018,
subject to the matters described herein, hereby grant and convey with special warranty to
Richard C. Crisler, III, the following described real estate ("Parcel X"):
All that certain lot or parcel of land with improvements thereon and
appurtenances thereto belonging situated in the County of Albemarle, Virginia,
consisting of 6,656 sq. ft., more or less, as shown and designated as Parcel X on
the Plat.
Being a portion of the property conveyed to Bradley A. Daniel and Marcy L.
Daniel, Co -Trustees of the Daniel Living Trust, Dated November 27, 2018, by
deed of Jesse W. Haden, dated May 7, 2021, and recorded in the Clerk's Office of
the Circuit Court of Albemarle County, Virginia (the "Clerk's Office") in Deed
Book 5536, page 386.
Parcel X shall be added to and become a part of TMP 85-34A.
Parcel X is expressly conveyed subject to all easements, conditions, restrictions,
reservations, and other matters 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 expired by a time limitation therein contained or otherwise become ineffective.
By the signatures hereto, Albemarle County and the Authority release Parcel X from the
terms and conditions of the Deed of Easement and Parcel X is no longer subject to the terms and
conditions of the Deed of Easement.
NOW, THEREFORE, for and in consideration of the conveyance of Parcel X, Richard C.
Crisler, III, subject to the matters described herein, hereby grants and conveys with special
warranty to Bradley A. Daniel and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust,
Dated November 27, 2018, the following described real estate ("Parcel Y"):
All that certain lot or parcel of land with improvements thereon and
appurtenances thereto belonging situated in the County of Albemarle, Virginia,
consisting of 6,656 sq. ft., more or less, as shown and designated as Parcel Y on
the Plat.
Being a portion of the property conveyed to Bradley A. Daniel and Marcy L.
Daniel, Co -Trustees of the Daniel Living Trust, Dated November 27, 2018, by
deed of Jerry I. Barber, Jr., dated August 24, 1999, and recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1853,
page 369.
Parcel Y shall be added to and become a part of TMP 85-29A9.
TO HAVE AND TO HOLD Parcel Y, in fee simple, with the appurtenances thereunto
belonging as Co -Trustees of the Daniel Living Trust, dated November 27, 2018, as the same may
be amended from time to time, upon the trusts and for the uses and purposes set forth herein and
in the Trust Agreement.
Full power and authority is hereby granted to the Co -Trustees, and their successors, to
protect and conserve the property; to sell, contract to sell and grant options to purchase the
property and any right, title, or interest therein on any terms; to exchange the property or any part
thereof for any other real or personal property upon any terms; to convey the property or any part
thereof by deed or other conveyance to any grantee, with or without consideration; to mortgage,
pledge or otherwise encumber the property or any part thereof, with or without consideration; to
lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify
leases on the property or any part thereof from time to time, for any period of time, for any
rental, and upon any other terms and conditions; and to release, convey or assign any other right,
title or interest whatsoever in the property or any part thereof, with or without consideration.
No party dealing with the Co -Trustees, or their successors, in relation to the property in
any manner whatsoever, and without limiting the foregoing, no party to whom the property or
any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or
mortgaged by the Trustees shall be obliged (a) to see to the application of any purchase money,
rent or money borrowed or otherwise advanced on the property; (b) to see that the terms of the
Trust Agreement have been complied with; (c) to inquire into the authority, necessity or
expediency of any act of the CoTrustees; or, (d) be privileged to inquire into any of the terms of
the Trust Agreement.
Every deed, mortgage, lease, or other instrument executed by the Co -Trustees in relation
to the property shall be conclusive evidence in favor of every person claiming any right, title or
interest thereunder that (a) at the time of the delivery thereof this Trust was in full force and
effect; (b) such instrument was executed in accordance with the trusts, terms and conditions
hereof and of the Trust Agreement and all amendments thereof, if any, and is binding upon all
beneficiaries thereunder, and their assignees, if any, (c) the CoTrustees were duly authorized and
empowered to execute and deliver every such instrument, and (d) if a conveyance has been made
to a successor or successors in trust, or an appointment of a successor or successors has been
made as hereinafter provided for, such successor or successors have been properly appointed and
are fully vested with all the title, estate, rights, powers, duties and obligations of their
predecessor in trust.
The Co -Trustees shall have no individual liability or obligation whatsoever arising from
their ownership, as Co -Trustees, of the legal title to said property, or with respect to any act done
or contract entered into or indebtedness incurred by them in dealing with said property, or in
otherwise acting as such Co -Trustees, except only so far as said trust property and any trust
funds in the actual possession of the Trustees shall be applicable to the payment and discharge
thereof.
0
The interest of every beneficiary hereunder and under the Trust Agreement and of all
persons claiming under any of them shall be only in the earnings, avails and proceeds arising
from the rental, sale or other disposition of the property. Such interest is hereby declared to be
personal property, and no beneficiary hereunder shall have any right, title or interest, legal or
equitable, in or to the property, as such, but only in the earnings, avails and proceeds thereof as
provided in the Trust Agreement.
Parcel Y is also expressly conveyed subject to all easements, conditions, restrictions,
reservations, and other matters 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 expired by a time limitation therein contained or otherwise become ineffective.
By the signatures hereto, Albemarle County and the Authority agree and confirm that
Parcel Y shall be subject to the terms and conditions of the Deed of Easement and Parcel Y shall
be conveyed subject to the Deed of Easement. For all purposes under the Deed of Easement,
the term "Property" as referred to in the Deed of Easement shall refer to and include Parcel Y.
By their signatures hereto, the Daniels as owners of TMP 85-29A9 and Parcel Y hereby
confirm and acknowledge that Parcel Y shall be subject to the terms and conditions of the Deed
of Easement and Parcel Y shall be conveyed subject to the Deed of Easement.
[ENDORSEMENT PAGES FOLLOW]
5
IN WITNESS WHEREOF, Bradley A. Daniel and Marcy L. Daniel, Co -Trustees of the
Daniel Living Trust, Dated November 27, 2018, have executed this deed as First Grantor and
Second Grantee.
STATE OF
CITY/COUNTY OF
f` (SEAL)
Bradle A. iel, Trustee) of the Daniel Living Trust,
Dated Novem er 27.12018
Marcy L D Trustee of t�e Daniel Living Trust, Dated
�e ,
Novemb 27, 18
to -wit:
The foregoing instrument was acknowledged before me in the City/County of
California, this _ day of 2022, by Bradley
A. Daniel and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust, Dated November 27,
2018.
My commission expires:
Registration number:
SLT A I' 1'ACHBD FOR NOl'ARY PUBLIC
Notary Public
9
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of El Dorado
Da e
personally appeared
before A
rIIe me, nu'
/utJ L/ ,
lOSEPH M. HENDEH50N
Comm. Y 2320937
:_� Notary Poblir Culif,
El Dorado County
` Comm Fypires Feb 12, 2024
Place Notary Seel andfar StarM Above
M. Henderson, Notary Public
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS Zand official seal.
Signature's
Slg hco of Notary Public
OPTIONAL
Though the information below is not required bylaw, ft may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Wcument
Title or Type of Document: X _ I-f (fit
Document Date: t l[ r Number of Pages:
IN WITNESS WHEREOF, Richard C. Crisler, III has executed this deed as Second
Grantor and First Grantee.
(SEAL)
Richard C. C '
STATE OF�V
CITY/COUNTY OF 1-ti L- to -wit:
The foregoing instrument was acknowledged before me in the City of Charlottesville,
Virginia, this day of 1 2022, by Richard C. Crisler, III.
qlY`�
Notary Public
My commission expires:
Registration number:
NVGy' Pob" �1A��4q .v,
�N'p\lNo�ea�Ha � SeQ9o�
c
k,�g®
COUNT F B VIRGINIA
BY:
v
Jef ey Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
The foregoing instrument was acknowledged before me this ►cl day of
2022, by Jeffrey Richardson, County Executive.
/ , e .a
Notary Publ
My commission expires: Qom} . all a0a3
CHERYL L. SKEEN
Notary Registration Number: (►53�►1oa nEcs�RaRioNaBiss7ss
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
C ER31 2023
Approved at^ Form:
(M
0 rlk zz
County Attorney
H
ALBEMARLE CONSERVATION EASEMENT
AUTHORITY
BY:
Jay Fennell
Chair
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
The foregoing instrument was acknowledged before me this I? day of K&4
2022, by Jay Fennell, Chair of the Board of Directors for the Albemarle Conservation Easement
Authority.
My commission expires: -71% 1 1a 1
Notary Registration Number: 77 P S)G I
Approved at to Form:
OU4 Zkl 1-7
County Attorney for the ACEA
W& Pl&-
Notary Public
NOTARY
PUBLIC
REG. #7783361
MOM
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E%PIRES
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07/3173022 ;';Aq�s
TH
THIS DOCUMENT WAS PREPARED BY:
JAMES P. COX, III, ESQUIRE
MICHIE,HAMLETT, PLLC
310 4T" STREET, N.E., P.O. BOX 298
CHARLOTTESVILLE, VA 22902
Tax Map Reference Number: 08500-00-000-029A9
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that WE, Bradley A. DANIEL and Marcy L.
DANIEL, CO -TRUSTEES (the "Trustees") of the DANIEL LIVING TRUST, DATED
NOVEMBER 27, 2018 (the "Trust"), do hereby constitute and appoint JAMES P. COX, III
of Charlottesville, Virginia, to be our true and lawful Attorney -in -Fact and Agent (our
Agent) with full power in our name as Trustee and on behalf of the Trust and in our stead and
on our behalf to act in accordance with the following:
1. To execute on our behalf a plat of survey made by Kirk Hughes and Associates,
entitled "Plat Showing Parcels X ... to Be Added to and Combined with TMP 85-34A and
Parcels Y ... To Be Added to and Combined with TMP 85-29A9 ...," dated August 4, 2021
(the "Plat").
AND we hereby give and grant unto our Agent full power and authority to do and to
perform all and every act and thing whatsoever requisite and necessary to be done in and
about the premises with full power of substitution or revocation, hereby ratifying and
confirming all that our Agent or his substitute or substitutes shall lawfully do or cause to be
done by virtue of these presents.
This power of attorney shall not be affected by our subsequent disability or incapacity.
IN WITNESS WHEREOF, Bradley A. Daniel and Marcy L. Daniel, Co -Trustees of
the Daniel Living T st, Dated November 27, 2018, have signed this instrument as of this
� day of � 2022.
(SEAL)
Bradley A. D 1, Trustee of e Daniel Living Trust,
Dated November 27. 2018
Marcy t D 1, TrWstee of the�Daniel Living Trust,
Dated Nove e 27, 2018
STATE OF
CITY/COUNTY OF
to -wit:
The foregoing instrument was acknowledged before me in the City/County of
California, this day of 92022,
by Bradley A. Daniel and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust, Dated
November 27, 2018.
SEE ArFACHLD FOR NOFARY PUBLIC
Notary Public
My commission expires:_
Registration number:
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of El Dorado
On Nill 1 .2&1z ^
Da e
personally appeared
before me,
-"J1t V �
='''.?-"11H
2 37D R'
alifornounb, 2, 202C
I
Place Nolery Seal and/or Stang Abm
M. Henderson, Notary Public
L-
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
SlgnaNre of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of
Title or Type of C
Document Date:/
Number of Pages:
ALBEMARLE CONSERVATION EASEMENT AUTHORITY
MOTION
I move that the Authority finds that this proposed boundary line adjustment is warranted
on the basis that the failure to remove the encroaching drive and dwelling structure
during the development of the RPD and this Preservation Tract (TMP 85-29A9) in 2005
is an oversight and error on the basis that the 2005 Kirk Hughes & Associates Stillhouse
Ridge Subdivision Plat put all parties on notice of the encroachment, that the landowner
notified the neighbor landowner of the encroachment, and that by any reasonable
standard the parties to the transaction should have resolved the matter prior to closing.
This Authority finds it appropriate to remedy the error by a Deed of Correction or another
appropriate instrument.
I move further that the Authority consents to and approves the proposed boundary line
adjustment as a means to correct the oversight and authorizes the Chair to endorse any
needed Deed of Correction or other instrument correcting this error after the Albemarle
Board of Supervisors approves the correction and the County Attorney approves any such
Deed or instrument as to form and substance.
I, Jay Fennell, do hereby certify that the foregoing writing is the Motion duly adopted by
the Albemarle Conservation Easement Authority by a vote of 6 to o, as recorded below,
at a meeting held on 9 December 2021.
JayVeFnell, Chair
Yes No
Dir. Fennell x
Dir. Taylor _ [Absent]
Dir. Buttrick x
Dir. Emery _x_
Dir. Emmitt [Absent]
Dir. Mitchell _ [Absent for this Vote]
Dir. Moore x
Dir. More x
Dir. Moses x
RESOLUTION APPROVING DEED OF BOUNDARY ADJUSTMENT
AGREEMENT AND CORRECTED DEED OF EASEMENT TO STIL LHOUSE
RIDGE RPD PRESERVATION TRACT
WHEREAS, the County of Albemarle jointly holds a perpetual conservation
easement in gross with the Albemarle Conservation Easement Authority pursuant to the
Virginia Open Space Land Act on the Stillhouse Ridge RPD Preservation Tract (Parcel
08500-00-00-029A0); and
WHEREAS, an encroachment on the Preservation 'Tract by a dwelling and a
private driveway, both primarily located on Parcel 08500-00-0000-034AO (the Crisler
Property), was identified an a survey prior to the consideration, review, and approval of
the RPD subdivision; and
WHEREAS, such encroachment should have been corrected through the exercise
of due diligence but was inadvertently overlooked by the parties to the transaction; and
WHEREAS, the Board of Supervisors finds that the proposed boundary line
adjustment will correct the encroachment, preserve the same area of land as open -space
land, and will increase the conservation value of the Preservation Tract.
NOW, THEREFORE, BE 11' RESOLVED that the Albemarle County Board of
Supervisors hereby approves the boundary line adjustment and authorizes the County
Executive to sign, in a form approved by the County Attorney, such Deed of Boundary
Adjustment Agreement and Corrected Deed of Easement correcting the oversight.
1, Claudette Borgersen, do hereby certify that the foregoing writing is a true and
correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle
County by a vote of six to zero, as recorded below, at a meeting held on April 20, 2022.
Clerk, Board of County Supervi, s
Aye Nay
Mr. Andrews
Y
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Y
Ms. Mallek
Y
Ms. McKee]
Y
Ms. Price
Y