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Home My WebLink AboutSUB201900114 Easements 2019-08-13201900009200.001 VIRGINIA LAND RECORD COVER SHEET FORM A — COVER SHEET CONTENT Instrument Date:._ Instrument Type: Number of Parcels: [ ] City N County 8/26/2019 DE 1 ------ Number of Pages: ----5-.._. ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: ............................................................ [ ] Grantee:............................................................ Consideration: $0.00 Existing Debt- ----------------------------- $0.00_-•---------- Actual Value/Assumed_-------------------- $0.00 PRIOR INSTRUMENT UNDER § 58.1-803 (D): Original Principal:--------------------------------$0.00 ...-------- Fair Market Value Increase: $0.00 ------------------••---•--•------------- Original Book Number: --------- Original Page Number: Prior Recording At: [ ] City [ ] County RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURL FILED Aug 22, 2019 AT 04:00 Pm BOOK 05210 START PAGE 0005 END PAGE 0012 INST # 201900009200 TOTAL NUM PAGES 0008 MEB (Area Above Reserved For Deed Stamp Only) Original Instrument Number_ _________________________ --•------•---------•.........................•---••-------...------------•--------- Percentage In This Jurisdiction: •-----......_ 100%--------------- BUSINESS / NAME �__-_ pQ Grantor: UNIVERSITY OF VIRGINIA FOUNDATION ......... •---- •---•------ -- - ---------------- [ J Grantor: --_- pQ Grantee: COUNTY OF ALBEMARLE ------------------------------------------------------------------------------------------------------------------------- [ ] Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE ------------------ - .............................. Address: City-- -----------------••---- ---------------------- •-•---- ---------------------------------- State: ----VA•-. Zip Code: ----- --------------- Book Number: ---------- Page Number: .......... Instrument Number: --____________ Parcel Identification Number (PIN): 07500-00-00-06300__._ Tax Map Number:-07500-00-00-06300 Short Property Description: Current Property Address-------------------------------------------•-------------•--•------------- ---------------------------------- City:. ALBEMARLE . State: ..__VA --- Zip Code: ___________ 22903 ---------------------------------------------------------- - - - Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: SCOTT KRONER PLC -------------------- Recording Returned To: SCOTT KRONER PLC ---------------- ------- Address: 418 EAST WATER STREET --- -------------------------------------- --------- City; CHARLOTTESVILLE State: .-_VA ------- Zip Code: _______.._ 22902 ---------------------------------------- ---- ---------- FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223,17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 201900009200.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID 07500-00-00-06300 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 this ? 4 day of.�.-i , 2019, is 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. 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 STORMWATER MANAGEMENT EASEMENT" (collectively hereinafter, the "Easement") on the plat of Dewberry Engineers Inc., dated 6/21/2019, entitled "PLAT OF A STORMWATER MANAGEMENT EASEMENT ACROSS THE PROPERTY OF UNIVERSITY OF VIRGINIA FOUNDATION TM 75-63," (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 Sam Miller Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Parcel ID 07500-00-00-06300 (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 2712, page 325; 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 5197, page 677, in which the Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: 05/23/19 201900009200.003 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: l . 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. ffect. 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 201900009200.004 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. 3 Version: 05/23/19 201900009200.005 WITNESS the following signatures. GRANTOR: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 0 ( 6err0rl:e UNIVERSITY OF VIRGINIA FOUNDATION By: TAY�of Tim R. Rose Chief Executive Officer and Secretary The foregoing instrument was acknowledged before me this 2(p day of�i , 10 by Tim R. Rose, Chief Executive Officer and Secretary, Grantor. 94, UJ Notary Public My Commission Expires: l 3�1 1202� Registration number: b 1?21? LINDA MELISSA CARTER Notary Public Commonwealth of Virginia Registration No, 100828 My Commission Expires May 31, 2023 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version: 05/23/19 201900009200.006 GRANTEE: COUNTY BEMARLE, VIRGINIA C*;zBy: effrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/644TY OF &O r 1a osy 1 Il¢ The foregoing instrument was acknowledged before me this 1 Uday of , apt by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. = - h 1, l 10 L.� u tary Public My Commission Expires: - CHERYL L. SKEEN Registration number: 153`lbo� NOTARY PUBLIC REGISTRATION # 7153762 COMMONWEALTH Of VIRGINIA MY COMMISSION EXPIRES OCTOBER 31. 2019 Approved as to Form: L�, � w� �16�2bi� County Attorney Date r r. 5 Version: 05/23/19 201900009200.008 INSTRUMENT #201900009200 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Aug 22, 2019 AT 04:00 Pm JON R. ZUG. CLERK by MEB BOOK 05210 PAGE 0005 - 00012