HomeMy WebLinkAboutSUB202000091 Correspondence 2020-05-06 KHKA
Date: May 6, 2020
To: Andrew Reitelbach, Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902-4596
Drop Off
From: Kirk Hughes, L.S.
Principal
RE: Tandem Friends School of Charlottesville
Easement Application
Charlottesville, VA
TRANSMITTAL MEMORANDUM
As per Tandem Friends School of Charlottesville request please find the following attached:
1. One (1) Application for Easement Plat
2. One (1) Check in the amount of$817.00
If you have any questions regarding the above, or I can further assist please do not hesitate to contact
me.
Thanks for your assistance.
All the best!
•
Kirk Hughes, L.S.
Kirk Hughes &Associates - Land Surveyors& Planners
220 East High Street,Charlottesville,VA 22902 I Voice:(434)296-6942 I Email:kirk@khals.net
Micro Business Certified SWaM Certification#697836
TMP 09100-00-00-002A0
Prepared by: Royer Caramanis,PLC
Russell N.Kruse(VSB
#78711)200-C Garrett Street
Charlottesville,VA 22902
DEED OF EASEMENT(STORMWATER DRAINAGE)
THIS DEED OF EASEMENT (STORMWATER DRAINAGE) is made and entered into this
day of , 2020, by and between TANDEM FRIENDS SCHOOL OF
CHARLOTTESVILLE, a Virginia nonstock corporation, hereinafter referred to as "Grantor," and THE
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
whose address is 401 McIntyre Road,Charlottesville,VA 22901,hereinafter referred to as"Grantee."
WITNESSETII:
WHEREAS, the Grantor, Tandem Friends School of Charlottesville, was prior to filing Articles
of Amendment with the State Corporation Commission dated September 15, 2016, formerly known as
Tandem, the Friends School of Charlottesville. Prior to that filing, Grantor was also formerly known as
Tandem Friends School until the filing of Articles of Amendment with the State Corporation Commission
dated August 1,2015. At some point prior to that date,Grantor was also formerly known as The Tandem
School and Tandem Friends School.
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property")
located in Albemarle County,Virginia,more particularly described as follows:
That certain tract or parcel of land situated on Mill Creek Drive in Albemarle
County, Virginia, shown and containing 24.508 acres on plat of Trueline
Surveying, Inc. dated July 2, 1997, and recorded in the Clerk's Office of the
Circuit Court of Albemarle County in Deed Book 1623,page 651.
BEING the same property was conveyed to The Tandem School by Deed from
James C. Hormel dated December 7, 1976, recorded December 22, 1976, in the
Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book
611,page 196, combined by Certificate of Plat dated June 19, 1997 recorded in
the aforesaid Clerk's Office on June 27, 1997 in Deed Book 1621,page 646, and
as amended by Deed dated June 27, 1997, recorded in the aforesaid Clerk's
Office on July 3, 1997 in Deed Book 1623,page 649.
WHEREAS, Grantor desires to grant and convey certain public stormwater drainage easements
more fully described below and shown on the plat entitled"NEW SWM/BMP FACILITIES EASEMENT
&NEW SWM/BMP 10' ACCESS EASEMENT"by G.V. "Kirk"Hughes, L.S., dated which
is attached hereto and recorded herewith (the "Plat"), to public use in accordance with this Deed of
Easement;and
WHEREAS, two easements on the Plat are further located and described as "NEW SWM/BMP
FACILITY EASEMENT DEDICATED TO PUBLIC USE" (0.113 AC.) (the "Drainage Easement")
as shown on page two of the Plat,and"NEW SWM/BMP 10' ACCESS EASEMENT DEDICATED TO
PUBLIC USE" (0.092 AC.) (the "Access Easement") (the Drainage Easement and the Access Easement
referred to collectively herein as the"Easements");and
1
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant, and convey all rights,
title, and interest in all ditches, pipes, and other improvements and appurtenances within the Drainage
Easement established for the purpose of conveying stormwater(hereinafter collectively referred to as the
"Improvements," whether referring to existing or those to be established in the future by the Grantee),
excluding building connection lines.
WHEREAS,it is the desire and intent of the Grantor to dedicate,grant,and convey all rights,title,
and interest in the Access Easement for the purpose of accessing the Improvements.
NOW, THEREFORE, in consideration of the sum of ONE LAR($1.00), receipt of which is
hereby acknowledged,the Grantor hereby GRANTS and CONV 'th GENERAL WARRANTY and
ENGLISH COVENANTS OF TITLE unto the Grantee, its ors and assigns, a perpetual right as
shown on the Plat and as referred to herein as the Easemen
FURTHER, pursuant to the consideration herein, t tor does hereby GRANT,
CONVEY,and DEDICATE to public use the Imp ts.
The Easements shall be subject to the follo
1. Ri t to construct reconstruct • tall maint alter and r lace Im rovements.
The Grantee shall have the right to construct, reconstruct, 1, maintain, repair, change, alter, and
replace present or future improvement§ (hereer referr as "inspecting, maintaining, and
operating" or derivations thereof) for the purposes f ecting water and transmitting it through
and across the Property, • • g prope om fl.: .rot water quality, and otherwise
controlling stormwater .
2 Ownership e hnpro ents. All .vements wi • the Drainage Easement, whether
they were installed by the tee o• .redecess• . interest, shall be and remain the property of the
Grantee.
(3. Right of in. . d - . The G hall have the right and easement of ingress and
egress over the Access • -nt b- -i any pub is or private roads and the Easement to inspect,
maintain,and operate the Imp ents.
4. Right to inspect, m. ntain, and operate the Improvements. The Grantee may enter the
Easements to inspect, intain,and operate the Improvements.
5. Right of disturb and maintain the Easement premises. The Grantee shall have the
right within the Easemen to trim, cut, or remove any trees, brush, or shrubbery, remove fences,
structures, or other obstructions, and take other similar action reasonably necessary to provide adequate
and fully functioning Improvements;provided however,that the Grantee,at its own expense, shall restore
as nearly as possible,the premises to their original condition.This restoration shall include the backfilling
of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture
areas,and the repair or replacement of structures and other facilities located outside of the Easements that
were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or
replace any structures, trees, or other facilities located within the Easements, but be required only to
repair or replace groundcover
within the Easements that was disturbed,damaged,or removed as a result of installing or maintaining any
of the Improvements. In addition,the Grantee shall remove from the Easements all trash and other debris
2
resulting from the installation,maintenance,or operation of an Improvement,and shall restore the surface
thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the
Grantee shall not be required to repair or replace anything identified in this section if to do so would be
inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the
Grantee nor any other public agency, including the Virginia Department of Transportation, shall be
responsible for conducting routine maintenance as described in Section 6 except as expressly provided in
this section.
6. Right of Grantor to maintain the Easements.The Grantor shall have the right to perform routine
maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing
and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the
Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the
proper operation of any Improvement.
7. Temporary construction easement. The Grantee shall have a temporary construction easement
on the lot which the Easements are located in order to construct, install,maintain,repair, change, alter,or
replace an Improvement.This temporary construction easement shall expire upon completion of the work.
& Restriction. This Easement is hereby expressly made subject to any and all easements,
conditions, restrictions, and reservations contained in duly recorded deeds, plats, and other instruments
constituting constructive notice in the chain of title to the Property which have not expired by a time
limitation contained therein or otherwise become ineffective. Neither the Grantor nor any person acting
under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with disturb, or
otherwise change in any way any Improvement located within the Drainage Easement by installing trees,
constructing or maintaining any roadway, or erecting any building, fence, retaining wall, or other
structure within the Drainage Easement. These restrictions shall not prohibit the location of underground
pipes,wire,conduits,roads,fences or other such facilities within the Access Easement.
9 Grantee's right the assign. The Grantee shall have the right to assign this easement as its
interests may require.
10. Binding effect.The Easements 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.
The Grantee, acting by and through its County Executive, duly authorized by resolution adopted
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.WITNESS the following signatures and seals:
3
GRANTOR:
TANDEM FRIENDS SCHOOL OF
CHARLOTTESVILLE
By: (SEAL)
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ,to-wit•
The foregoing instrument was acknowledged me this\ day of ,2020,
by ,on behalf of Tandem Fri ool of Charlo tesville.
My commission expires: .
Notary registration number:
'111‘
No .$ Public
G' •
ch. CO ' ' O• MARLE,VIRGINIA
By (SEAL)
Na eff Richardson Title:
Coun ecutive
COM ' ALTH O IN
CITY/C• ' OF ,to-wit:
The fo • : instrument ackno ' edged before me this day of ,2020,
by Jeff Richardso ty Executive, on behalf of the County of Albemarle,Virginia.
My commission expires.
Notary registration numb- .
Notary Public
4