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Home My WebLink AboutSUB202200141 Agreements 2022-11-08This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia22902 Parcel iD Number: 058A2-00-00-02100 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 _ day of 20_, is by and between SR&DR, 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 Variable Width SWM Facility & Access Easement 3,817 S.F." (hereinafter, the "Easement"} on the plat of Lincoln Surveying, dated August 12, 2022, last revised September 21, 2022, entitled "Plat Showing a New Variable Width Stormwater Management Facility and Access Easement and a New Variable Width Access Easement on a Portion of Tax Map 58A2 Parcel 21 Samuel Miller Magisterial District Albemarle County, Virginia" (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. 058A2-00-00-02100, conveyed to the Grantor herein by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5139, page 134, (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 Number 20220001 1824, in which the Grantor has agreed to construct and maintain on -site stormwater managemem/BMP facilities; 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; 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; and 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: 1. Right of ingress and a rg ess. 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. 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/D/19 successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, include the Grantee's officers, employees and agents. Termination of Easement. If the Grantor, or itssuccessors or assigns, desires to alter or vacate a portion or all of fhe 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 seep and birapter 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 bf fh&Erd&l ntikhall remain subject to this Deed-ef,Dedicatioriti11 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 Grained, acting by and fhrouthi ils-bounty Executive, duly authorized by resolution adopted by the Board of Supervisors of the Could 6f Ali enihfe, Viginia, accepts the conveyance of this property pursuant to Virginia Code § ,15.2r LA03, as, evidenced by the County Executive's signature hereto and the recordation of this Deed. Wisim: 05/23/19 WITNESS the following signatures. GRANTOR: SR&DR, LLC, a Virginia limited liability company By: Scott D. Ramm Manager COMM LTH F ViRGiNIA CITY OUNTY OF ` 1 t« 4 *—I -C The foregoing instrument was acknowledged before me this day of G� . 20 VL by Scott D. Ramm, Manager, on behalf of SR&DR, LLC, a Virginia limited liability company, Grantor. My Commission Expires: S— 3- Z U Z 3 Notary Public Registration number: -1 1 % 31 S 1— WANDA M WRIGHT Notary Public Commonwealth of Virginia Registration No. 7113752 My Commission Expires May 31. 2023 SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 05/23/19 GRANTEE: COMMONWEALTHOFVIRGINIA CITY/C-9I� OF L'�� I 1; I le COUNT ALBEMARLE, VIRGINIA By: J ffrey B. Richardson County Executive The foregoing instrument was acknowledged before me this ZC day of Ckj� 20,a,2, by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. l' h Lj- L n ic My Commission Expires: o�Notary Publ_apa3 Registration number: I rj Approved as tolForm: LL � A&\IUV IO zcho Z County Attorney Date EW KEENB 753782F VIRGINI EXPIRES2023 N Vernon: 05/23/19