HomeMy WebLinkAboutSUB201100098 Review Comments Miscellaneous Submittal 2013-03-26Community Development Document Review
County Attorney's Office
TO:
PROJECT NUMBER: 5p i ' t fY\ f'i ®' �� n iI C' (`Cc±
You have requested that our office review the attached development document identified below:
Drainage easement .
Shared parking agreement /easement
Open space /greenway easement
Dedication of right -of -way
Parcel determination
Other:
The document:
is approved
Zis approved with minor edits as noted on the attached
is not approved because:
: Signatures or acknowledgement need to be redone (see comment below)
: Legal description needs to be revised (see comment below)
: Other (see comment below)
Comment:
If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a
party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance
on behalf of the County are provided. If the document did not include the applicants' signatures, a final version
of the document with the required signatures may now be submitted.
KA,
Gr W'Iel
Deporney
Date: }�j
Sample language replacing paragraph 8 (exclusivity) when there are pre - existing easements or
improvements within the drainage easement or where the County has required the drainage
easement to be located where other easements or improvements will be required:
8. Restrictions. Neither the Grantor nor any person acting under the Grantor's express or implied
consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way any
Improvement located within the Easement by installing trees, constructing or maintaining any roadway,
or erecting any building, fence, retaining wall or other structure within the Easement. These restrictions
shall not prohibit the location of underground pipes, wires, conduits or other such facilities within the
Easement with the prior written consent of the Grantee, which shall not be unreasonably withheld.
Version: 11/26/12
Prepared by:
McClure Callaghan, PLC
415 4,h Street NE
Charlottesville, Virginia 22902
Tax Map and Parcel Numbers 03200 -00 -00 -01700 & 03200- 00- 00 -017A1
This deed is exempt from taxation under Virginia Code §§ 58.1- 811(A)(3) and 58.1- 811(C)(4).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this 8th day of March, 2013 by and between
WENDELL W. WOOD, Trustee of the GOLD LEAF LAND TRUST NO.3 and
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATTER -DAY SAINTS, a Utah Corporation sole, Grantors, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee,
WITNESSETH:
WHEREAS, the Grantors are the owners of that certain real property (hereinafter the
"Property") located in Albemarle County, Virginia, more particularly described as follows:
gtrv,b -De.d1 uf4 +o �ubliG Ube-
That cert n real property shown and designated as a" 20' Width Public Drainage
Easemen ' t , shown on the plat of Commonwealth Land
Surveving LLC, dated August 24, 20l 1, last revised March 5, 2013, which is attached
hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat ").
Reference is made to the Plat for a more particular description of the easement conveyed
herein.
WHEREAS, a portion of the Property is located upon the subservient property, a portion of
which is the same property conveyed to Wendell W. Wood, Trustee of the Gold Leaf Land Trust
No. 3 u/a dated July 5, 1986 by deed of Sovran Bank, N.A. dated August 6; 1986, recorded in
said Clerk's Office in Deed Book 1745, Page 696; and
WHEREAS, another portion of the Property is located upon the subservient property which
is the same property conveyed to Corporation of the Presiding Bishop of the Church of Jesus
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Christ of Latter -Day Saints, a Utah Corporation sole by deed of Bruce L. Hardy, President of the
Waynesboro Virginia Stake of the Church of Jesus Christ of Latter -Day Saints dated November
15, 2006, recorded in said Clerk's Office in Deed Book 3511, Page 370 and
WHEREAS, it is the desire and intent of the Grantors to. dedicate, grant and convey the
Easement for public use in accordance with this Deed of Easement; and
WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey the
Easement for public use in accordance with this Deed of Easement, including all stormwater
management facilities, ditches, pipes and other improvements and appurtenances within the
Easement (hereinafter collectively referred to as the "Improvements," whether referring to
Improvements to be established by the Grantors or those to be established in the future by the
Grantee) required to be established under Chapter 18, Subdivisions, of the Albemarle County
Code.
WHEREAS, the completion of the Improvements by the Grantors is secured by a surety. as
4 Orr I.&rd /
provided under Chapter 1 #, Subdivisionf, of the Albemarle County Code. V
NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in
hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantors do 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 exclusive easement as shown on the Plat and as referred to
herein as the Easement.
FURTHER, pursuant to the consideration described herein, the Grantors do hereby
GRANT, CONVEY, and DEDICATE to public use the Improvements.
The Easement shall be subject to the following:
2
1. Right to construct, reconstruct, install, maintain; repair, change, alter and replace the
Improvements. The Grantee shall have the right to construct and install Improvements in the
future it deems necessary and appropriate. The Grantee 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 Subdivision,
protecting property from flooding, protecting water quality, and otherwise controlling stormwater.
runoff. Nothing herein shall excuse the Grantors from their obligation to establish.the
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Improvements as required under Chapter 11, Subdivision^ of the Albemarle County Code.
2, Ownership of the improvements. All Improvements within the Easement, whether they
were constructed or installed by the Grantors, the Grantee, or any predecessor in interest, shall be
and remain the property of the Grantee.
3. Rid h t of ingress and egress. The Grantee shall have the right and easement of ingress
and egress over any lands of the Grantors 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 Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
5. Right of Grantee to disturb and maintain the Easement premises. The Grantee 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 Grantee, at its
own expense, shall restore as nearly as possible, the premises to their original condition. This
restoration shall include the backf lling of trenches, the replacement of fences and shrubbery, the
3
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 Grantee.
However, the Grantee 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 Grantee 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 Grantee shall not be required to repair
or 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 Grantee 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 Grantors to maintain the Easement premises. The Grantors 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 Grantors 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 Grantee shall have a temporary construction
easement on the lot 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.
0
\V, .
)1- 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement,
Neither the Grantors nor any person acting under the Grantors' 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. Grantee's rig�h, t to assign. The Grantee shall have the right to assign this. Easement as its
interests may require.
10. Binding effect. The Easement and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantors, the Grantee, and their
successors and assigns. All references herein to the "Grantors" 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 TO FOLLOW]
5
WITNESS the following signatures.
GRANTORS:
GOLD LEAF LAND TRUST NO.3
By:
Wendell W. Wood, Trustee
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2013 by Wendell W. Wood, Trustee of the Gold Leaf Land Trust No. 3.
My commission expires:
Notary Public
Registration No.
CORPORATION OF THE PRESIDING BISHO OF
THE CHURCH OF JESUS CHRIST OF LATTER -
DAY SAINTS, a Utah Corporation sole
By:
STATE OF
CITY /COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2013 by of Corporation of the Presiding Bishop of
The Church of Jesus Christ of Latter -Day Saints.
My commission expires:
Notary Public
Registration No.
n
THOMAS C. FOLEY
COUNTY EXECUTIVE
Approved as to form:
County Attorney
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this day of
2013 by Thomas C. Foley on behalf of the County of Albemarle,
Virginia, Grantee.
My commission expires:
VA
Notary Public
Registration No.
I
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