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Home My WebLink AboutZMA202100016 Ownership Documents 2022-08-01 (2)Instrument Control Number 019291 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [12/27/2007 ] A C Instrument Type: [DE ] X R P E Number of Parcels [ 1 ] X Number of Pages [ 11 ] E M City ❑ County x❑ [Albemarle Cc P ji-I I Last Name Doe ID; Recorded: /2%27%20071atT11852�35 AM Fee Amt: $61.00 Pape i of 11 ShelbyrMarshallyClerk Circuit Court File# 2007-00019291 BK3532 PG588-598 1 (Box for Deed Stamp Only) LXJ [University of Virginia Fo ] [ ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ® [County of Albemarle Vir ] [ ] [ ] [ 1 Grantee Address (Name) [County of Albemarle 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 ❑ [ ] Percent. in this Juris. [ 100) Book [ ] Page [ ] Instr. No [ j Parcel Identification No (PIN) [ j Tax Map Num. (if different than PIN) [03200-00-00-006A0 ] Short Property Description [ ] [ 1 Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address t) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Scott Kroner PLC [Scott Kroner PLC [Scott Kroner PLC [418 East Water Street I [Charlottesville ] [VA ] [22902----------------------------------------- ] [ ] [ ][ ] 51G ' •� ' � 5 i Please return to: Scott Kroner, PLC, 418 East Water Street, Charlottesville, Virg' i lIY9 I Tax Map and Parcel Number 03200-00-00-006AO This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-811(C)(4) DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION is made this3rd day of[>1"y 2007, by and between UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia non - stock corporation, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WHEREAS, the Grantor is the owner in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the "Property;" WHEREAS, the Grantor desires to dedicate, grant and convey to the Grantee, and Grantee is willing to accept, an easement over the Property for the purpose of allowing the Grantee to establish and maintain a public access trail and greenway, including authorized improvements (collectively the "Greenway"), subject to the terms and conditions stated in this Deed. NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained, and for other good and valuable consideration, the Grantor hereby dedicates, grants, conveys and covenants and agrees as follows: 1. DEDICATION. GRANT AND CONVEYANCE OF EASEMENT. For and in consideration of ONE DOLLAR ($1.00), cash in hand paid, and subject to the reservation of rights set forth in Section 5, below, the Grantor hereby dedicates, grants and conveys to the Grantee and its successors and assigns (hereinafter, all references to the Grantee This instrument was prepared by Scott Kroner, PLC, Charlottesville, Virginia include its successors and assigns), with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, a one hundred foot (100') wide public access trail and green belt easement (the "Easement") in gross over the Property described below, restricting in perpetuity the use of the Property in the manner set forth herein: That certain lot or parcel of land, shown and designated as "NEW 100' GREEN BELT EASEMENT 12.177 ACRES" on the plat entitled "PLAT SHOWING A NEW 100' GREEN BELT EASEMENT ACROSS TAX MAP 32 PARCEL 6A PROPERTY BELONGING TO THE UNIVERSITY OF VIRGINIA FOUNDATION LOCATED ON U.S. ROUTE 29 RIVANNA DISTRICT ALBEMARLE COUNTY, VIRGINIA," made by Thomas B. Lincoln Land Surveyor, Inc., dated March 9, 2007, last revised April 30, 2007, a copy of which is attached hereto. The property interest conveyed herein is a portion of those certain lots or parcels of land acquired by the Grantor by a deed recorded in the land records of the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2712, Page 325. 2. PURPOSES OF THE EASEMENT. The purposes of the Easement are to establish on the Property a segment of a countywide system of greenway trails that will link people to the area's natural, recreational, cultural and commercial resources. As part of this system, the Easement will serve to protect important and/or sensitive resources, provide recreational and educational opportunities, provide an alternative transportation system and provide an economic benefit. 3. ESTABLISHMENT AND MAINTENANCE OF THE GREENWAY. The Grantee shall have the right to establish and maintain at its expense a Greenway within the Easement, as follows: 2 A. Public access trail: The Grantee may establish and maintain, in its sole discretion, either Class A or Class B trails. The trails shall be available for pedestrians and bicyclists. B. Improvements. The Grantee may establish and maintain the following improvements within the Easement: (1) appropriate trail surfaces, foot bridges and associated trail structures and culverts; (2) trail markers and signs along all trails and at all points of access; (3) barriers, fences and gates to prevent motorized vehicular access into the Easement; (4) benches for the convenience and comfort of the public; and (5) all other improvements that are reasonable for a public access trail. C. Ownership of Improvements. All improvements within the Easement established by the Grantee shall be and remain the property of the Grantee. D. Right to inspect, maintain and operate the Greenway. The Grantee may enter the Easement to inspect, maintain and operate the Greenway as provided herein: (1) Right to disturb and maintain the Easement premises. The Grantee shall have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences, structures or other obstructions; and take other similar action reasonably necessary to establish, maintain and operate an adequate and fully functioning Greenway, provided, however, that: (a) the Grantee, at its own expense, shall restore as nearly as possible, repair and replace only ground cover disturbed, damaged or removed as a result of establishing, maintaining or operating the Greenway to the extent the restoration or replacement is consistent with its proper maintenance, operation and use; and (b) after the Grantee establishes the Greenway, no trees having a diameter at breast height of four (4) inches or greater shall be 3 removed, destroyed or cut within the Easement except to protect public safety, eliminate trees that are either diseased, dying or dead, or is deemed necessary in accordance with standard arborist practices. The Grantor may provide maintenance for the Greenway, at its option. (2) Obligation to remove trash and other debris. The Grantee shall remove from the Easement all trash and other debris resulting from the establishment, maintenance or operation of the Greenway. 4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASEMENT. Except as otherwise provided in Section 5, the Grantee shall have the right to regulate and restrict the uses and activities of the public within the Easement, in its sole discretion. 5. GRANTOR'S RESERVED RIGHTS. A. The Grantor reserves the right to grant and convey utility easements across the Greenway. B. Grantor reserves, for itself, its successors and assigns, its guests, tenants and employees and its tenants' guests, tenants and employees, an easement over and across the Greenway for ingress and egress from the Rivanna River. Such access easement shall be used only by pedestrians, bicyclists and horseback riders. 6. MISCELLANEOUS PROVISIONS. A. Easement runs with the land. The Easement shall run with the land and be binding upon the parties, their successors, assigns, personal representatives and heirs. B. Exclusivity; restrictions. The Easement is an exclusive easement. 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 the land 4 or any improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. C. Grantee's right to assign. The Grantee shall have the right to assign this Deed as its interests may require. An eligible assignee shall be one that is able to perform the terms, conditions and obligations of this Deed to assure that its purposes are fulfilled. D. Enforcement. In addition to any remedy provided by law to enforce the terms of this Deed, the parties shall have the following rights and obligations: (1) Action at law inadequate remedy. It is conclusively presumed that an action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any attempted breach or violation, of any term of this Deed. (2) Failure to enforce laws does not waive right to enforce. The failure of Grantee to enforce any term of this Deed shall not be deemed a waiver of the right to do so thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term. (3) No third party right of enforcement. Nothing in this Easement shall create any right in the public or any third party to maintain any suit or action against any party hereto. E. Relation to applicable laws. This Deed does not replace, abrogate or otherwise supersede any federal, state or local laws applicable to the Property. F. Severability. If any provision of this Deed is determined to be invalid by a court of competent jurisdiction, the remainder of this Easement shall not be affected thereby. G. Recordation. Upon execution by the parties, this Deed shall be recorded with the record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia. E H. Authority to convey easement. The Grantor covenants that it is vested with good title to the Property and may convey the Easement. I. Authority to accept easement. The Grantee is authorized to accept the Easement pursuant to Virginia Code § 15.2-1800. J. Hold harmless. The Grantee shall hold the Grantor harmless as provided in Virginia Code § 29.1-509(E). 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. WITNESS the following signatures. GRANTOR: UNIVERSITY OF VIRGINIA FOUNDATION By: 1 V1it �- Tim R. Rose, Chief Executive Officer COMMONWEALTH OF VIRGINIA 944/COUNTY OF Alb► mrle The foregoing instrument was acknowledged before me this 3rd day of Dec,4ME ' , 2007 by Tim R. Rose, Chief Executive Officer, University of Virginia Foundation, a Virginia non -stock corporation, on behalf of the corporation, Grantor. My commission expires: MQIt 31f2D10 Notary registration number: l0-77g6i :C0CMoMMM1$,10*slPM11PWWM11lP_~ ULA J. FIGGA" Notary Public onwealth of Virginia 107799 [my lon Expires May 31, 2010 J No blic GRANTEE: Approved as to form: Co ity, tt rn C NWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of Decembe✓ , 2007 by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. My commission expires: J'l aoo 9 Notary registration number: S % 14 r rr NOTgIlk N Notary Public— _ £ ,.1 FA PLAT SHOWING A NEW 100' GREEN BELT EASEMENT ACROSS TAX MAP 32 PARCEL CA PROPERTY BELONGING TO THE UNIVERSITY OF VIRGINIA FOUNDATION LOCATED ON U.S. ROUTE 29 RIVANNA DISTRICT ALBEMARLE COUNTY, VIRGINIA MARCH 9, 2007 REVISED: APRIL 30, 2007 OWNER'S APPROVAL: THE DIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER'S), PROPRIETOR(S) AND TRUSTEE(S). ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLA ARE RUE AND CORRECT TO THE BEST O 1 Y KNOWLEDGE. UNIVERSITY OF VIRGINIA FOUNDATION DATE NOTARY PtJBLIC: . PAULA J. FIGGATT • Notary Public STATE OF commonwealth of virglMo COUNTY OF i..__ 107799 ... Fvalres Mav 31, THE FOREGOING VN ACKNOWL, BEF RE ME T % . Y OF R YiAlri BY-�'tM0lNOriwiUBLIC 10,�9gk yP 1 • MY COMMISSION EXPIRES: 01619. v COUNTY APPROVAL: �r 1*7 AG OF THE 130Ano OF 15AI E )+' SUPERVISORS TAX MAP 32 PARCEL 6A IS ZONED: PDIP TAX MAP 32 PARCEL 6A IS WITHIN AN ALBEMARLE COUNTY AND/OR CITY OF CHARLOTTESVILLE WATER SUPPLY WATERSHED BUT IS NOT WITHIN AN AGRI- CULTURAL -FORESTAL DISTRICT. THE STREAM BUFFER(S) SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. UPON RECORDATION, THIS PLAT IS HEREBY DEDICATED TO ALBEMARLE COUNTY. VICi iTY MAP N.T.S. Ho Aid .qTy t{� 9�•?r t BRIARWOOD T SIT CAMELOT ry C'V!LtF,f / ALBEMARLE NES ARCH J AIRPOR° RESENO PARK J. P U" z° I HEREBY CERTIFY THAT THIS EASEMENT PLAT, TO THE BEST CF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS AND CERTIFIED LANDSCAPE ARCHITECTS. THE BOUNDARY SHOWN HEREON IS BASED ON THE RECORD PLAT RECORDED IN D.B. 1684 P. 225 ROTATED AND TRANSLATED TO NAD '83 VIRGINIA STATE PLANE SOUTH ZONE VALUES. NO FIELD SURVEYING WAS PERFORMED IN PREPARATION OF THIS PLAT. A PORTION OF THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE AE (AREAS DETERMINED TO BE WITHIN THE 1% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. DATED: FEBRUARY 4, 2005 COMMUNITY PANEL NO, 510006 0145 D b1Q� V j�4 THO COLN CER.T-70. 1326 Molo THOMAS B. LINCOLN LAND SURVEYOR, INC. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 434-974-1417 SHEET 1 OF 2 TMODEL SERVERI DATA9\ 88\ 88002938EASEMENT.PRO 88-0029-38 Zool- 97 Al PLAT SHOWING A NEW 100' GREEN BELT EASEMENT ACROSS TAX MAP 32 PARCEL 6A PROPERTY BELONGING TO THE UNIVERSITY OF VIRGINIA FOUNDATION LOCATED ON U.S, ROUTE 29 RIVANNA DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 600' MARCH 9, 2007 REVISED: APRIL 30, 2007 COURSE DATA FROM POINT 'A' TO POINT 'B' ALONG PROPERTY BOUNDARY AND EASTERN MARGIN OF NEW 100' GREEN BELT EASEMENT: S53'57'07'E 157.77' S41'17'00'E 166.75, S28.34'27"E 65.35' S28.48'07'W 98.66, S27.46'42"W 149.61' S620II'56'W 69.17' S33'26'12'W 115.69' S30'39'08'W 152.28' S03005'17'E 110.19, S18'54'40'W 149.45' S32.22'21'W 104.11' S5.5.00'14'W 155.02' S52.18'02'W 157.15' S46'54'08'W 128.87' S41017'56'W 114.16' S28'34'32'W 143.68' S07'24'03'W 244.32' S12038'25'W 178.91' S33.40'21"W 85.59, S49'51'35'W 98.31' S32038'45'W 124.25' S01.30'14"W 75.05' S17039'34'E 68.99' S55.07'27'E 143.77' S41'56'45'E 85.81, S44.59'56'E 91,85, S37'21'54'E 97.70' S19'38'19'E 82.03' S30434'36'E 84.75' S34032'34'E 99.81, S48'02'48"E 120.13' S60'56'46'E 153.09' S69'56'15"E 189.48' S68'08'29"E 191.06' S60008'55'E 170.36' S59'22'16'E 263.09' S66057'19'E 105.77' S41'59'32'E 45.80' S32'54'11'E 51.91' S25'00'47'E 63.65' SII'18'06"E 65.35' S02'44'24'W 80.64' S23'24'22'W 103.34' S16'39'14'E 69.16' S52'11'57'E 23.24' S'1 ATE ROUTE 606 OICKERSON ROAD VARIABLE WIDTH NEW 100' GREEN BELT EASEMENT 12.177 ACRES NORTH FORK RESEARCH PARK TMP 32-6A UNIVERSITY OF VIRGINIA FOUNDATION P.O. BOX 400218 CHARLOTTESVILLE, VA 22904-4218 D.B. 3313 P. 147, 152 PLAT D.B. 3313 P. 139, 144 PLAT D.B. 3276 P, 29 D.B. 2892 P. 322, 324 PLAT D.B. 2868 P. 98, 100 PLAT D.B. 2712 P. 325 D.B. 2635 P. 454 D.B. 1936 P. 589 D.B. 1684 P. 225 PLAT D.B. 928 P. 192-193 PLAT IRONS CALLED FOR 400.50' I I TMP 32-4J GENERAL REALTY, INC. D.B. 784 P. 573 I I I I 1 .Q- TMP 32-4A SIDNEY J. AND SALLY HECHT D.B. 2626 P. 597 I' i /0 I i , O � IT / FLOOD ZONE AE FLOODWAY� r FLOODWAY / 1 i FLOOD \ CAMELOT ZONE AE ` SUBDIVISION N 3944046,22606 E 11504519.13067 I PROPERTY LINE FOLLOWS CENTERLINE OF THE NORTHFORK RIVANNA RIVER OTE 29 S�� jAo O\ s Vjj1pPH V PR\ po- I ZONE TMP 20-192 i I STEPHEN P. AND JOAN S. KINDIG D.B. 1366 P. 376 LOT 106 SEC. 1 i NORTHPINES .POINT 'A„ \\ i i i _ N 3947162.30290 BRIARWOOD SUBDIVISION N 3946156,72808 E 11504477.70521 ( I POINT I \ B. E 11505259.75333 THOMAS B. LINCOLN LAND SURVEYOR, INC. S22057'36"w 632_BERKMAR _CIRCLE 473.97' CHARLOTTESVILLE, VIRGINIA 22901 1 434-974-1417 Eft It'15'07 SHEET 2 OF 2 TMODEL SERVER. DATA9\ 88\ 88002938EASEMENT.PRO 88-0029-38 2Do7- S-? RECORDED IN CLERKS OFFICE OF ALBEMARLE ON December 27,2007 AT 11:62:35 AM $0.00 GRANTOR TAX PO AS REQUIRED BY VA C E658.1.802 STATE: $0.00 LOC L: $0.00 ALBE RLE C TY, VA SHE ARS All C Cl COURT oc