The URL can be used to link to this page

Home My WebLink AboutSUB201900053 Agreements 2019-07-29201900008049.001 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Jul 29, 2019 AT 03:35 pm BOOK 05200 START PAGE 0001 END PAGE 0010 INST # 201900008049 T C Date of Instrument: [7/29/2019 ] 0010 A 0 TOTAL NUM PAGES Instrument Type: [AG ] X R E P Number of Parcels [ 1 ] EMJ XNumber of Pages [ 8] =----------------------------- -------------------------------------------------------- E M City ❑ County x❑ (Box for Deed Stamp Only) [Albemarle County ] P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix FX] El [Augusta Professional P ] [ ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix W ❑ [Borad of Supervisors of ] ( ] [ ] [ ] Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City "❑ County 0 [Albemarle County ] Percent. in this Juris. [ 100] Book [5011 ] Page [112 ] Instr. No [ ] Parcel Identification No (PIN) [ - ] Tax Map Num. (if different than PIN) (06900-00-00-02000. 06900-00-00-020BO ] Short Property Description [Hillcrest Vineyard & Winery LLC ] [SU B2019-00053 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page ## 1 of 1 [Albemarle County CDD [N/A [Carla Harris [Albemarle County Community Development Department [401 McIntire Road - North Wing [Charlottesville ] [VA ] [22902 [ ] [ ][ 201900008049.002 •- sl - '-TI r!� Ti,1 T' Ic i-i F p v -- L7 FT f7TC :- i =l_ L L'L_'i:X _ .j r.:.L_T it :., THE �OF T�= C-IRWIT UU' ' T sE : This document was prepared by: U; Fict: p! F- PT�rll?TT rg it T Albemarle County Attorney LL County of Albemarle DATr: - 07 IN /2019 t� is � _ ; 46 401 McIntire Road Charlottesville, Virginia 22902 TCOT _____ __ L��I ! nLi I i ! C! Er -il Parcel ID 06900-00-00-02000 and 06900-00-00-020B0 ,! This deed is exempt from taxation under Virginia Code § 58.1-81 1(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 ?d day of July, 2019, is by and between Augusta Professional Park, L.L.C., 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 "Forest and Open Space Easement," "Ingress -Egress Easement," "SWM Facility Easement," each dedicated to public use, and "Private Drainage Easement" (collectively hereinafter, the "Easement") on the plat of Tom Shumate Surveyor, Inc., dated March 28, 2019, and last revised June 5, 2019, entitled "Easement and Composite Plat Tax Map 69-20 & 20B, SUB2019-00053 (Hillcrest Vineyard and Winery LLC)" (hereinafter, the "Plat") a copy of which is attached hereto and recorded herewith. Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Parcel ID 06900-00-00-02000 and Tax Map Parcel 06900-00-00- 020B0 (collectively, 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 5011, page 112; 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 5184, page 789, in which the Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: 05/23/19 201900008049.003 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 managementBMP 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 managementBMP 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: 1. Right of ingress and a rg ess. 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 management/BMP 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 2 Version: 05/23/19 201900008049.004 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 201900008049.005 WITNESS the following signatures. Augusta Professional Park, L.L.C. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF r�GuS a The foregoing instrument was acknowledged before me this _LLlk day of June 2019 by Michael J. McGinnis, Jr., Manager, August Professional Park, L.L.C., Grantor. My Commission Expires: 5 3 Registration number: 77�1 j 9 7 W"N VA W=X18ift of *04a IN panne M E*M May 31, 2023 Oaa *doh 01 M 1927 SIGNATURES CONTINUE ON -THE FOLLOWING PAGE ` 2 Version: 05/23/19 201900008049.006 GRANTEE: COUNTY BE E, VIRGINIA By: Jeffrey B. ichardson County Executive COMMONWEALTH OF VIRGINIA CITY/COY OF LJ-)arrIAasu ;I lC The foregoing instrument was acknowledged before me this �F day of , �K19 by Jeffrey B. Richardson, County Executive, on behalf of the County of Al marl , Virginia, Grantee. L. V N tary Public My Commission Expires: Qt -t- 31, QnIq CHERYL L. SKEEN Registration number: rl 15376a NOTARY PUBLIC REGISTRATION k 7753762 COMMONWEALTH OF VIRGINIA MYOC OBERION ZXUP9 CS Approved as to Form: ►N� 7/ Z 1 County Attorney Date 5 Version: 05/23/19 201900008049.010 INSTRUMENT #201900008049 RECORDED ALBEMARLE CO CIRCUIT COURT CLERMS OFFICE Jul 29, 2019 AT 03:35 pm JON R. ZUG, CLERK by EMJ BOOK 05200 RAGE 0001 - 00010 -