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Home My WebLink AboutSUB202100057 Easements 2021-10-05 (2)202100016878.001 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,.227.1,-249 FORM A — COVER SHEET CONTENT Instrument Date: ..9/23/2021 ............................................ InstrumentType: RE ............................................................. Number of Parcels: ....... ?....... Number of Pages: ....... 5 ....... [ ] City [X] County ALBEMARLE ....................................................................... CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [X] Grantor: . VA CODE 58.1-811 (A)(3) & 17.1 ............................. ...... -....................................................... . [X] Grantee:. VA CODE 58.1-811 (A)(3) & 17.1.. ........................................................................................... Business/Name RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG FILED Oct 05, 2021 AT 11:04 am BOOK 05619 START PAGE 0530 END PAGE 0535 INST # 202100016878 TOTAL NUM PAGES 6 MEE (Area Above Reserved For Deed Stamp Only) Book Number: ............................. Page Number:......................... Instrument Number: Parcel Identification Number/Tax Map Number: .os3AI:00-00-oo4R1 Short Property Description:.s`E INSTRUMENT ............................................................................. Current Property Address:,RIYANNA V.IL.LAGe ......... ex z ................................................................................................................................ City:.. E xEs..wl.......cK.......................................................... State:.......... Zip Code: z294...................................... .. _vA Instrument Prepared By: ALBEMARLE COUNTY ATTORNEY Recording Paid By: WILLIAMS MULLEN Recording Returned To: VALERIE LONG., ......................................................................................................................................... MULLEN, EMAIN ST, Address: ................WILLIAMS.........................................3'21 ..................AST...............................SUITE.............. ..400....................... .... ........................................................ CHARLOTTESVILLE City: ........................................................................................... State: ....... vr,.... Zip Code: ..?.9........... .............. ............ FORM CC-] 570(MASTER. PAGE ONE OF ONE )10/19 0 Copyright 2014 office of the Executive Secretary. Supreme Coon of Virginia. All tights rescued. Cover Sheet A 202100016878.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number: 093A I-00-00-004R I 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 no THIS DEED OF EASEMENT, dated this2—day of '� -A'�R 02I. is by and between RIVANNA INVESTMENT HOLDINGS, LLC, 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 "Variable Width Public SWM Facility Easement". "10' Public SWM Facility Access Easement', "Variable Width Public SWM Facility And Access Easement," and "SWM Forest Open Space Easement (Typical) 21.105 Ac. Total" (collectively hereinafter, the "Easement") on the plat of Roudabush, Gale & Assoc., Inc., dated March 22, 2021, last revised August 19, 2021, entitled "Easement Plat, Rivanna Village Phase 2, Tax Map 93A1 Parcel 4R1" (hereinafter, the "Plat'), a copy of which is recorded immediately prior hereto. 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. 093A1-00-00-004R1, shown as "Remainder of TMP 093A1-00-00- 004R0" on that certain plat recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5103, page 251 (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 5229, page 477, in which the Grantor has agreed to construct and maintain on -site stormwater managementIBMP facilities; and Version: 05R3/19 202100016878.003 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 WHEREAS, the Maintenance Agreement also provides in part that, if the Grantor, its successors and/or assigns fails to maintain the stormwater management/BMP 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(s) as shown on the Plat. The Easement shall be subject to the following: I. 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 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 managementBMP 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: 05/23/19 %�IY�I [IIIIIS [i�:YE:�lI1L ! 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(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 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. Version: 05/23/19 202100016878.005 WITNESS the following signatures. GRANTOR: RIVANNA INVESTMENT HOLDINGS LLC, a Delaware Limited liability Company BY: Limehouse Street LLC, a Delaware Limited Liability Company. its Sole Member BY: Wha �rtreet LLC, a Delaware Limited Liability Company, its Majority Member To tl Attthoriz d Person STATE OF V1rClyyta CITY/COUNTY The foregoing instrument was acknowledged before me this day of 20,2U_ by Todd Kuhl, Authorized Person, on behalf of Rivanna Investment Holding , LLC, Grantor. Notary- Public My Commission Expires: lo�3t �a 3 Registration number: Toni Means Tompkins 9 Commonwealth of Virginia Notary Public Commission No. 335011 kly Commission Expires 10131/2023 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 05/23/19 202100016878.006 GRANTEE: COUNTY B. Richard Executive COMMONWEALTH OF VIRGINIA CITY/GWcR4-� OF : VIRGINIA The foregoing instrument was acknowledged before me thisQ3— day of 20 A \ by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: Registration number: 1 M316D Approved as to Form: LL ' �IZ3lwzi County Attorney Date INSTRUMENT # 202100016878 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Oct 05, 2021 AT 11:04 am JON R. ZUG, CLERK by MES BOOK 05619 PAGE 0530 - 00535 ► ' 1, r . _ 1 .Not, Public E HERYL L.SKEEN NOTARY PUBLIC ISTRATION N 7153762 NWEALTH OF VIRGINIA OMMISSION EXPIRES CTOBER 31 2023 �l Version: 0523/19