HomeMy WebLinkAboutSUB202200041 Other 2023-03-29This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number: 078000000049AO
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 20is by and
between HEARTROCK FARM LLC, 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 30' SWM Facility Easement"
and "New 60' SWM Facility Easement" (collectively hereinafter, the "Easement") on the
plat of Foresight Survey, PC, dated February 7, 2022, last revised January 17, 2023,
entitled "Plat Showing New Drainage & Storrnwater Management Easements Tax Map
78 Parcel 49A Lot 1, Hunter's Hall, Scottsville Mag District, Albemarle County,
Virginia" (hereinafter, the "Plat"), a copy of which is recorded immediately prior hereto.
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. 078000000049AO conveyed to the Grantor herein by deed recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4611, page 429,
(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 in Deed Book 4980, page 245, in which the Grantor has agreed to construct and maintain
on -site stormwater managementBMP facilities; and
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; 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 TIME 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 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. 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
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Version: 0523119
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.
Version: 05/23/19
WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Chp Y �tSI�P SV 1I� 2.
HEARTROCK FARM LLC
By: C) A
Kevin Schuyler
Managing Member
The foregoing instrument was acknowledged before me this ea day of MA,YCA8,
2073 by Kevin Schuyler, Managing Member, on behalf of Heartrock Farm LLC., Grantor.
My Commission Expires: W 31 2.02A
Registration number:
Notary P c
a�•••'�y Sch�Fi',
....M1SS1L'E
P.a1Y 0V31r!024.,• C�
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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Version: 05/23/19
GRANTEE: COUNTY _QA ALBEMARLE, VIRGEWA
B. Richardson
Executive
COMMONWEALTIJOF VIRGINIA
CI17Y/G0L4R f OF
The foregoing instrument was acknowledged before me this' day of (lip (_h ,
20�2a by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
L.
Not Public
My Commission Expires: C7r
Registration number: `1 1 5-!L—1 2
Approved as to Form:
County Attorney Date
EM
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION$ 7163762
MMONWEALTH OF VIRGINIA
Y COMMISSION EXPIRES
0 CTO B E R 31, 2023
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Version: 05/23/19