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HomeMy WebLinkAboutSUB202200022 Easements 2022-10-12This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 055110-01-711-00000 This deed is exempt from taxation under Virginia Code § 58.1-8 11 (A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this day of,Seple.4, , 20is by and between MARCH MOUNTAIN PROPERTIES 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 "20' Public Drainage Easement for Albemarle County" (hereinafter, the "Easement"), shown on the plat of Timmons Group, dated February 2, 2022, last revised September 16, 2022, entitled "Old Trail Village Block 7C Lots 27-56 Part of Tax Map Parcels 55E-1-7B, 55E-1-35D1, & 55E-1-35A" (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.055E0-01-7B-00000, shown as "Block 7B" on a plat recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4954, page 18 (hereinafter, the "Property"); WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and 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 Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. 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, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Ri hght of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement 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 re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the 2 10. Bindingeffect. ffect. The Easement 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 by the Board of Supervisors of the County of Albemarle, Virginia, accepts this conveyance 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. SIGNATURES BEGIN ON THE FOLLOWING PAGE 11 GRANTOR: MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company /7 Jamest Jess ,*-, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Jbem4,-te The foregoing instrument was acknowledged before me thia&�'- day ofSep le,4,.- 20,2 .by James L. Jessup, Jr., Manager, of March Mountain Properties, a Virginia limited liability company, Grantor. / Notary Public My Commission Expires: /D / 3/ ��� Registration number: CATHERINE H. FITZGERALD NOTARY PUBLIC REGISTRATION N 252832 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2025 SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: -rL The foregoing instrument was acknowledged before me this day of ('c pb)Lr 20RQ, by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. a1ilk L.lk � NoUiry Public My Commission Expires: 31 �a3 Registration number: EMI SKEENUBLIC# 7153762 OF VIRGINIqN EXPIRESApproved as to form: ,zoz3 L � 10A County Attorney Date 0