HomeMy WebLinkAboutSUB202200135 Easements 2022-11-14This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers: 06500-00-00-01100 and 06500-00-00-011D0
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 qt day of uwsm ber , 20 22 , is by and
between CASTALIA-CISMONT INVESTMENT, 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 "New Forest & Open Space
Easement" (hereinafter, the "Easement") on the plat of Foresight Survey, PC, dated
August 9, 2022, last revised September 28, 2022, entitled "Forest & Open Space
Easement Plat for Tax Map 65 Parcels 11 & 11 D" (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 No.06500-00-00-01100, conveyed to the Grantor herein by deed recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5435, page
101, and of County Parcel ID No. 06500-00-00-011D0 by deed recorded in said Clerk's Office
in Deed Book 4881, page 413 (collectively hereinafter, 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 No. , in which the Grantor has agreed to construct and
maintain on -site stormwater management/BMP facilities; and
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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 managememBMP 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 easements 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 managementBMP 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
Version: 05/2349
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 Easements, the Easements 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 stotmwater 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.
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Version: 05/23/19
WITNESS the following signatures.
GRANTOR:
CASTALIA-CISMONT INVESTMENT, LLC,
a Virginia limited liability company
M
COMMONWEALTH OF VIRGINIA
CITY/COUNTYOF ChAYIt)ttesyillP
The foregoing instrument was acknowledged before me this -7 day of N oy e m bey
20 22 by Paul B. Manning, Manager, on behalf of Castalia-Cismont Investment, LLC, Grantor
Notary Public
My Commission Expires: A i— i�0 ���
Registration number: -7-77,g43
SHANNON LIC
NOTAR CHEN
REG PU
STRA7 ON/NOTARY 77 S.
COMMONWEALTH OF VIRGINIA
LIC
My COMMISSION EXPIRES
APRIL 3O 2028
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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Version: 05/23/19
GRANTEE: COUNTY OF-ALBEMARLE, VIRGINIA
Executive
COMMONWEALTIJ OF VIRGINIA
CITY/C'r OF '-yir I Ac-gs-)*i I E.
L.
The foregoing instrument was acknowledged before me this4� day of 0oo2mOz
20r)- by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
My Commission Expires: Cyr. fit, aba3
Registration number: -A l 5311oa
Approved as to Form:
�0'4 �
County Attorney
U/7%ZOZZ
Date
1
No ary Public
CHERYL L.SKEEN
NOTARY PUBLIC
REGISTRATION #7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31,2023
Vmai= 05/23/19