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HomeMy WebLinkAboutSDP200500005 Other 2005-01-31 Document prepared by: LeClair Ryan 123 East Main Street 8 Floor Charlottesville, Virginia 22902 TMP 061W0-01-0A-00400 DEED OF VACATION OF PORTIONS OF SUBDIVISION PLATS THIS DEED OF VACATION is made as of this 15 day of i7, , 2005, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the "County," and Grantor for indexing purposes) and SHEOU -JONG CHIANG and LI YUN CHIANG, whose address is 110 Commonwealth Circle, Charlottesville, Virginia 22901 (together, "Chiang," and Grantee for indexing purposes). WITNESSETH: R -1. Chiang owns certain property in Albemarle County, Virginia, commonly known as Albemarle County TMP 061W0 -01 -0A -00400 (the "Property"), which is depicted on a drawing by McKee Carson entitled "Pet Supplies Plus Fasement Plan" dated April 18, 2005 and attached as Exhibit A hereto (the "Exhibit "). R-2. A 20' drainage easement crosses the northern portion of Property and is shown on plats of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 403, page 315, Deed Book 423, page 347, Deed Book 524, page 590, Deed Book 1548, page 39, and Deed Book 1667, page 110. R -3. Chiang desires to vacate the portion of the said 20' drainage easement that crosses the Property, which portion is more particularly depicted on the Exhibit as "Existing 20' Drainage Easement To Be Abandoned. ". R -4. Chiang further desires to vacate and relocate a portion of an existing 20' drainage easement that runs through the center of the Property parallel to Greenbrier Drive, which easement is depicted on a plat recorded in said Clerk's Office in Deed Book 1548, page 39, and shown on the Exhibit as "Existing 20' Easement to be Vacated and Relocated ", to the location shown on the Exhibit as "Proposed 43' Drainage Easement." The Proposed 43' Drainage Easement shall be established and dedicated to public use on the site plan entitled "Pet Supplies Plus Albemarle County, Virginia Final Site Development Plan," prepared by McKee Carson, Consulting Engineers, Landscape Architects and Land Planners, dated December 23, 2004 and last revised 5 ! 8 / o . R -5. Chiang and the County agree that, after due investigation and with the establishment of the Proposed 43' Drainage Easement, the vacation of the two 20 -foot easements described herein (hereinafter, the "two 20 -foot easements ") will not impede or alter drainage across any lot except that parcel identified in the Albemarle County tax records as Tax Map and Parcel Number 061W0-01-0A-005A0, owned by Chaxu, Inc., a Virginia corporation, to which drainage is merely altered at the point at which it exits that parcel. R -6. Chaxu, Inc. consents to the vacation of the two 20 -foot easements described herein. NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00) cash in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Chiang and the County do hereby take the following actions: 1. Vacation of Two 20 -Foot Easements. The parties agree that the two 20 -foot easements may be vacated and the County does hereby VACATE and RELEASE all of its right, title and interest in and to the two 20 -foot easements depicted on the Exhibit as "Existing 20' Drainage Easement to be Abandoned" and "Existing 20' Drainage Easement to be Relocated," so that title to the said vacated easements is henceforth solely vested in Chiang without claim of the County. 2. Joinder of County. The County hereby joins in this Deed on behalf of its governing body, and the signature of the County's subdivision agent, which is authorized by Albemarle County Code § 14- 240(G), evidences the County's consent to the vacation of the two 20 -foot easements. 3. Joinder of Chaxu, Inc. Chaxu, Inc. hereby joins in this Deed as the owner of the only lot immediately adjoining or contiguous to the two 20 -foot easements being vacated, and by its signature evidences its consent hereto. Chiang shall reimburse, indemnify and/or hold Chaxu harmless for any claim, cost or expense incurred by Chaxu as a result of the vacation and relocation herein 4. Survival Except as specifically vacated herein, the force and effect of the easements, covenants, conditions and restrictions contained in prior plats and other duly recorded instruments in the chain of title to the Property, including the instruments referenced in R-2 and R-4 above, shall be unchanged by this instrument and remain in full force and effect. 5. Counterparts. This Deed may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute a fully executed instrument. WITNESS the following signatures and seals. [SIGNATURES APPEAR ON THE FOLLOWING COUNTERPART SIGNATURE PAGES.] 2 No low [COUNTERPART SIGNATURE PAGE TO DEED OF VACATION.] SHEOU -J G C ■D \i/a7 LI CHIANG COMMONWEALTH OF VIRGINIA CITY /COUNTY OF e..14KLUDZT YU I c._ • The foregoing instrument was acknowledged before me this day of c U fl , 2005 by Sheou -Jong Chiang and Li Yun Chiang. P ki_C- 9 -- otary Public My Commission Expires: IA P do0c) • 3 N.taie Nino' [COUNTERPART SIGNATURE PAGE TO DEED OF VACATION.] 2 elia McCull ey, Su division A gtt COUNTY OF ALB E, VIRGINIA COMMONWEALTH OF VIRpINIA CITY /COUNTY OF Q. ✓n 4A-1 : The foregoing instru a was acknowledged before m - this 15 day of .4i-Q_ , 2005 by • C as q((i�'ioit) n- , of the County o Albemarle, / Virginia. C ilL#1- Z I Notary Public My Commission Expires: (Pilo7 Approved as to form: Cott ` J 4 %Iwo *ale [COUNTERPART SIGNATURE PAGE TO DEED OF VACATION] CHAXU, INC., a Virginia corporation By: V1,.TAN . Afte X & Title: p •y p, A - • COMMONWEALTH OF VIRGINIA • e /COUNTY OF AL 6EMAR.t E The foregoing instrument was ackn wle before me this t# day of 7t4 p// , 2005 by Vt.A� �� , as 04)) r? of t , C t4AYu ) 1jvc. C tary-Publ MY COMMISSION My Commission Expires: EXPIRES 2/28/06 5 *ewe' New" • 1 1 rt , if I ' : : I I I s\ . , , I, I , , • / 10 • i 1 ::' i 1 i / II PROpERTY UNE .. .. _ /7 'KR — -- ----- - - - - - - - - • ... r jv / i 1 /--, - ,_`• • . •,,,,.,.. / (' I -....,Z. dio i . ,--i EXISTING AY DRAINAGE EXISTING 20' DRAINAGE a-..... / ......., ... 3 ' I 7 EASEMENT TO BE RELOCATED EASEMENT TO BE ABANDONED 7 /,, / ' , . 4 % / i `..,‘ - `'. I .... i -.S."*.... . . _. _ .,.. ' i N. I ' „ , 4:51 4. 4 i , / / iiiii _ ______.,._ __ __ _ , _ _ ___ _ , a ,: i / imir -- — -_ _NI , / I 1 - 1 / , , / I 1 .: :. ; II-1 • al 1 / 1 ... i . I 1. 1 / / 4 49/7 / / // 1111 11 I I / I/ III I / /7 . I / i7 , 1 I IR EXISMN 'I 6 I : t I / i / . : . U1ILI1Y / / I e° / PET SUPPUES PLUS / I/ 1 I '. I , , I BUILDING , 1 i, : 1 I / 17 / / . , • i !I I / ,i/ / / ,.. I 'd 1 / r/ III I 1 1 I / .,,/ / / 1 / ;? / _ i. I I I: 1 / 1 .1 to / I. imism . ---------- - --.. ,J / „, 4- / , ......_ / j 4 1- / . ----- i i / / Ft / / 2 i -...„....1, / / / / / . • 1......-t■ . - 1 / 1 '1 / / / INI P I / / 5 , • I I / / / — — --- ' , — ; • 1 — — — — 0., , g S 4 " I b . ;„-,.. r- --o r s / a - - 1, ,, , , r . w _ . \ - / / i 1 l e,_ -- Tr — II SEMINOLE TRAIL (RT. 29) R/W + 160' 1 Sheet 1 di Project No.: 0413 /JAC i Scale 1'40' PET SUPPLIES PLUS McKEE CARSON Datg 4.18.05 CONSULTER/ diGNEERS sed: EASEMENT PLAN LANDSCAPE ARCHITECTS Rev LAND PLANNERS 301 East High SUsst ChaDoSerelik VA 22902 8044119-7222 WWW.MCIONCSI1011.COM *418•0' Nearte Document prepared by: LeClair Ryan 123 East Main Street 8 Floor Charlottesville. Virginia 22902 TMP 061 W0 -01 -0A -00400 DEED OF VACATION OF PORTIONS OF SUBDIVISION PLATS, ( Deleted: AND DEDICATION THIS DEED OF VACATION, is made as of this day of 2005, by and Deleted: AND DEDICATION between the COUNTY OF ALBEMARLE, VIRGINIA (the "County," and Grantor for indexing purposes) and SHEOU -JONG CHIANG and LI YUN CHIANG, whose address is 110 Commonwealth Circle, Charlottesville, Virginia 22901 (together, "Chiang," and Grantee for indexing purposes). WITNESSETH: R -1. Chiang owns certain property in Albemarle County, Virginia, commonly known as Albemarle County TMP 061W0 -01 -0A -00400 (the "Property"), which is depicted on a drawing by McKee Carson entitled "Pet Supplies Plus Easement Plan" dated April 18, 2005 and attached as Exhibit A hereto (the "Exhibit "). R -2. A 20' drainage easement crosses the northern portion of Property and is shown on plats of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 403, page 315, Deed Book 423, page 347, Deed Book 524, page 590, Deed Book 1548, page 39, and Deed Book 1667, page 110. R -3. Chiang desires to vacate the portion of the said 20' drainage easement that crosses the Property, which portion is more particularly depicted on the Exhibit as "Existing 20' Drainage Easement To Be Abandoned'; Deleted: (the "Vacated Section ") Deleted: R -4. Chiang has determined R -4, Chiang further desires to vacate and relocate a portion of an existing 20' drainage after due investigation that the Vacated Portion is not used for the collection or easement that runs through the center of the Property parallel to Greenbrier Drive, which transmission of stonnwater.11 easement is depicted on a plat recorded in said Clerk's Office in Deed Book 1548, page 39, and ' Deleted: 5 shown on the Exhibit as "Existing 20' Easement to be Vacated and Relocated", to the location Deleted: (the "Relocated Section ") shown on the Exhibit as "Proposed 43' Drainage Easement." The Proposed 43' Drainage Easement shall be established and dedicated to public use on the site plan entitled , prepared by McKee Carson, Consulting Engineers, Landscape Architects and Land Planners, dated , and last revised R -5. Chiang and the County agree that, after due investigation and with the establishment of the Proposed 43' Drainage Easement, the vacation of the two 20 -foot easements described herein (hereinafter, the "two 20 -foot easements ") will not impede or alter drainage across any lot except that parcel identified in the Albemarle County tax records as Tax Map and Parcel Number 061W0- 01- 0A- 00500, owned by Berkmar Crossing, LC, to which drainage is Formatted: Font: (Default) Times merely altered at the point at which it exits that parcel. New Roman, 12 pt, Not Bold Formatted: Font: (Default) Times New Roman, 12 pt, Not Bold R -6. Berkmar Crossing, LC consents to the vacation of the two 20 -foot easements described herein. NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00) cash in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Chiang and the County do hereby take the following actions: 1. Vacation of Two 20 -Foot Easement, The parties agree that the two 20 -foot [ Deleted: Vacated Section 3 easements may be vacated and the County does hereby VACATE and RELEASE all of its right, title and interest in and to the two 20 -foot easements . so that title to the ,vacated easements is Deleted: Vacated Section henceforth solely vested in Chiang without claim of the County. ' Deleted: Vacated Section j Deleted: 2. Relocation of Relocated Joinder of County. The County hereby joins in this Deed on behalf of its Section. The County does hereby VACATE and RELEASE all of its right, governing body, and the signature of the County's subdivision agent, which is authorized by title and interest in and to the Relocated Albemarle County Code ti 14- 240(G), evidences the County's consent to the vacation of the two Section, so that title to the Relocated 20-foot easements. Section is henceforth solely vested in Chiang without claim of the County. Chiang does hereby GRANT, CONVEY 3. Joinder of Berkmar Crossing, LC. Berkmar Crossing, LC hereby joins in this Deed and DEDICATE to public use with GENERAL WARRANTY and ENGLISH as the owner of the only immediately lot adjoining or contiguous to the two 20 -foot easements COVENANTS OF TITLE unto the being vacated, and its signature evidences its consent hereto. County, its successors and assigns, a perpetual easement for stormwater drainage in the location depicted on the 4 Survival. Except as specifically vacated herein, the force and effect of the Exhibit as "Proposed 43' Drainage easements, covenants, conditions and restrictions contained in prior plats and other duly recorded Easement" (the "Easement Area "), which easement shall include the right of the instruments in the chain of title to the Property, including the instruments referenced in R -2 and R -4 County to enter the Grantee's Parcel to above, shall be unchanged by this instrument and remain in full force and effect. construct, reconstruct, install, inspect, maintain, operate, repair, and replace improvements consisting of an Counterparts. This Deed may be executed in counterparts, each of which shall underground stonnwater pipe for the constitute an original and all of which taken together shall constitute a fully executed instrument. purposes of collecting stonnwater and transmitting it through and across the Property. ¶ WITNESS the following signatures and seals. Deleted: 3 [SIGNATURES APPEAR ON THE FOLLOWING COUNTERPART SIGNATURE PAGES.] Deleted: a Deleted: 5 Deleted: 5 3 Deleted: 11 2 `e [COUNTERPART SIGNATURE PAGE TO DEED OF VACATION AND DEDICATION.] SHEOU -JONG CHIANG LI YUN CHIANG COMMONWEALTH OF VIRGINIA • CITY /COUNTY OF The foregoing instrument was acknowledged before me this day of 2005 by Sheou -Jong Chiang and Li Yun Chiang. Notary Public My Commission Expires: Deleted: 11 11 3 Nteie 'wok, [COUNTERPART SIGNATURE PAGE TO DEED OF VACATION AND DEDICATION.] Amelia McCulley, Subdivision Agent COUNTY OF ALBEMARLE, VIRGINIA COMMONWEALTH OF VIRGINIA • CITY /COUNTY OF The foregoing instrument was acknowledged before me this day of 2005 by , as of the County of Albemarle, Virginia. Notary Public My Commission Expires: By: Title: Berkmar Crossing, LC COMMONWEALTH OF VIRGINIA • CITY /COUNTY OF The foregoing instrument was acknowledged before me this day of 2005 by , as of the County of Albemarle, Virginia. Notary Public My Commission Expires: 4 2 S ■ 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The County shall have the right to construct and install Improvements (consisting of all stormwater management facilities, ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater) in the future it deems necessary and appropriate. The County also shall have the right to reconstruct, install, maintain, repair, change, alter, and replace existing and future Improvements (hereinafter collectively referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting stormwater and transmitting it through and across the Parcel, 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 constructed or installed by the Owners, the County, or any predecessor in interest, shall be and remain the property of the County. 3. Right of ingress and egress. The County shall have the right and easement of ingress and egress over any lands of the Owners 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 County may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of County to disturb and maintain the Easement premises. The County 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 County, 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 reseeding or resodding 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 County. However, the County shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the County shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the County shall not be required to repair or p iyY 411111 replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the County nor any other public agency, including the Virginia Department of Transportation shall be responsible for conducting routine maintenance as described in paragraph 6 except as expressly provided in this paragraph. 6. Right of Owners to maintain the Easement premises. The Owners shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Owners that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The County shall have a temporary construction easement on the parcel on which the Easement is located in order to inspect, maintain or operate an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Owners nor any person acting under the Owners' express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. County's right to assign. The County shall have the right to assign this Easement as its interests may require.