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Home My WebLink AboutSUB201300131 Easements 2013-09-10 (4)This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number: 05600 -00 -00 -05300 This deed is exempt from taxation under Virginia Code §§ 58.1 -81 I(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this day of July, 2014 by and between LICKINGHOLE CREEK, 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 (hereinafter the "Property ") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "STORM DRAIN ACCESS & MAINTENANCE ESMT. ", "S.W.M. EASEMENT & MITIGATION AREA" and "SWM ACCESS & MAINTENANCE ESMT. & RWSA ESMT." to be dedicated to public use, shown on the Subdivision Plat (as defined below), a copy of which is attached to a Certificate of Plat recorded immediately prior hereto (hereinafter, collectively, the "Easement "). Reference is made to the Subdivision Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the Whitehall Magisterial District of the County of Albemarle, Virginia, consisting of 46.08 acres and known as Phase I of Westlake Hills Subdivision, all as shown on a plat prepared by Roudabush, Gale & Associates, entitled "Subdivision Plat, Westlake Hills, Phase 1, Lots 1 Thru 47 and Plat Combining Tax Map 56 Parcles 53 95A and 95B Whitehall Magisterial District Albemarle County, Virginia" dated September 3, 2013, last revised January 30, 2014 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office ") in Deed Book , page (the "Subdivision Plat "), also being a portion of the same property conveyed to the Grantor by deed from Charles Franklin Shiflett, Grady C. Shiflett, Shirley S. Morris, Gordon L. Shifflett, Meredith R. Shifflett, Harriett C. Yeager and Sharon C. Ayers dated January 20, 2004 and recorded in the Clerk's Office in Deed Book 2733, page 150; and Version: 5/10/13 WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Stormwater Management/BMP Facilities Maintenance Agreement' (hereinafter, the "Maintenance Agreement') in which the Grantor has agreed to construct and maintain on -site stormwater managementBMP facilities; and WHEREAS, Section 4 of 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 managementBMP facilities whenever the County deems necessary, and Section 5 of the Maintenance Agreement provides in part that, in the event the Landowner, its successors and assigns, fails to maintain the stormwater management /BMP facilities in good condition acceptable to the County, the County may enter upon 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, a perpetual easement as shown on the Plat and as referred to herein as the Easement. 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 to which 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. Version: 5/10/13 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 shall have the right to assign this Easement as its interests may require. 5. Binding effect. 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 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. [SIGNATURE PAGES FOLLOW] Version: 5/10/13 WITNESS the following signatures. ;H.Z\►1101) LICKINGHOLE CREEK, LLC By: River Bend Management, Inc., Manager By: [�c I AndrA J. Dondero, Vice President COMMONWEALTH OF VIRGINIA CITY /COUNTY OF 4n04O Wi The foregoing instrument was acknowledged before me this 2-q day of 2014, by Andrew J. Dondero, as Vice President of River Bend Management, Inc., as Manager of Lickinghole Creek, LLC, a Virginia limited liability company, Grantor. VoYa4 Public ' s ° g /�✓ My Commission Expires: Z 3 Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE ®8��,,B e33uo OGG 4 Version: 5/10/13 GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA 14w r �- Thomas C. Foley County Executive The foregoing instrument was acknowledged before me this 'day of u / 2014, by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. 41 ailk P� 16. Notary Public .�_i,4� My Commission Expire Registration number:-46-5,7? Approved as to form: Co "Off 26083628 2 Norg9Y '�N PUBLIC '* n- iM Version: 5/10/13