HomeMy WebLinkAboutWPO202100058 Easements 2022-09-14This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 04600-00-00-10800 and 04600-00-00-10900
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
THIS DEED OF EASEMENT, dated this2n day of August, 2022, is by and between
SEMINOLE TRAIL, LLC, a Virginia limited liability company, 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 "49.10' Width Storm Water
Management Facility Easement," and "Variable Width Storm Water Management
Facility Easement" (collectively, hereinafter, the "Easement'), shown on the plat of Eric
K. Niskanen (Bohler), dated April 29, 2022, last revised August 18, 2022, entitled "Plat
Showing Boundary Line Adjustment and Dedication of Various Easements on the Lands
of Seminole Trail, 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 a portion of that certain real property designated as Albemarle
County Parcel ID Nos. 04600-00-00-10800 and 04600-00-00-10900, conveyed to the Grantor
herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia
in Deed Book 5228, page 557 and Deed Book 5228, page 553, respectively (collectively,
hereinafter, the 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, as Instrument #202200009101, in which the Grantor has agreed to construct and maintain
on -site stormwater management/BMP facilities; and
Version: 05/23/19
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 as shown on the Plat.
The Easement shall be subject to the following:
1. 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 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. Bindingeffect. 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: 0523/19
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, the Easement 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
WITNESS the following signatures.
GRANTOR: SEMINOLE TRAIL, LLC,
a Virginia limited liability company
By: RST VI, LLC
a Virginia limited liability company,
Its Sole Member and Manager
Todd A. Copeland
Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF �tf> r1t �1�1IlFaxJ 1
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The foregoing instrument was acknowledged before me thish ^�� day of 11Ax4�,
2022 by Todd A. Copeland, Its Sole Member and Manager, on behalf of Seminole Trail, LLC, a
Virginia limited liability company, Grantor.
My Commission Expires:
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Notary Pu lic
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 05/23/19
GRANTEE:
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COMMONWEALTH OF VIRGINIA
CITY/GQJ; r OF &or loA6. I; I lel
B. Richardson
Executive
VIRGINIA
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The foregoing instrument was acknowledged before me this iz-- day of ,
20 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
Notky Public
My Commission Expires: 6r 3ji QCQ5
Registration number: I 1 Cj �; 16 3.
Approved as to Form:
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County Attorney Date
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION # 7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER31, 2023
Version: 05/23/19