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HomeMy WebLinkAboutSUB201100098 Review Comments Signature Copy 2013-05-14(Page 1 of 12) Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [IL3 VLR Cover Sheet Agent 1.0.661 T C Date of Instrument: [5/8/2013 ] A 0 Instrument Type: [DE ] X R E P Number of Parcels [ 1 J X Number of Pages [ 101 ' 006941 I I I I I I l I I I I II l III I II I I� I I 1111 I I I III I I li � I II II I I III III I I II I I I : 3i 032640060 I I II 7 V I I I 2I � 1 1 111P1 M Roec ooIrDed:2 /33 /P '1 of 12 Fee Amt: $7 pa A1bemarleshiap oierk F11eN 2013- 00006941 BK4351 pe705 -716 E M City [:]County [0 [Albemarle County ] (Box for Deed Stamp Only) P First and Second Grantors T I ast Name First Name I Middle Name or Initial Suffix [Wood ] [Wendell I [W ] [Trustee ] ❑ ❑ [Corporation of the Presi ] [ I 1 11 I First and Second nteas Last Name First Name as Name or Initial Suffix ❑ ❑ [County of Albemarle Vir I ( ] [ I [ 1 Grantee Address (Name) [County of Albemarle Virginia ] (Address 1) (501 McIntire Road ] (Address 2) 1 I (City, State, Zip) [Charlottesville l [VA 1 122902 J Consideration [0.00 I Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Jurls. 1 1001 Book ( I Page ( J Instr. No [ ] Parcel Identification No (PIN) (03200 - 00.00- 01700, 03200- 00- 00.017A1 J Tax Map Num. (if different than PIN) [03200- 00 -00- 01700, 03200- 00- 00 -017A1 J Short Property Description [20' width public drainage easement ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ J Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 2 [McClure Callaghan PLC [United Land Corp [McClure Callaghan PLC (Kenneth P Bucci [415 4th Street NE [Charlottesville 1 I ........................... (Page 2 of 12) Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form B [ILS VLR Cover Shoot Agent 1.0.06] 006941 T G G C Date of Instrument: [518/2013 ] R R 0 Instrument Type: [DE ] X A A R N N P Number of Parcels [ 1 ] E T T XO E Number of Pages [ 10] . ............................... .......................... ............................... E R E City ❑ County © [Albemarle County I (Box for Deed Stamp Only) M Grantors /Grantees /Parcel Continuation Form B P T J U Ll 1j Last Name First Name Middle Name or' Suffix ❑ ®❑ ❑ [Gold Leaf Land Trust N J [ I [ [ I ❑ ❑ ❑ ❑ [ ][ I[ ][ l ❑ 0 ❑ ❑ [ ,[ ][ ,( ] 110 ❑ ❑ [ 1[ ,[ I[ ] 0 El El ❑ 00❑ 00 El [ ,[ H ,[ , DO El [ I[ ]( ][ , ❑0110 [ ][ H ,[ ] ❑ ❑ 0 ❑ ❑ ❑❑El ❑ ❑ ❑ 0 ❑000 00110 Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juns. [ ] Book ( I Page [ ] Instr. No j ] Parcel Identification No (PIN) [ Tax Map Num. (if different than PIN) [ , Short Property Description [ I ( I Current Property Address (Address 1) ( , (Address 2) [ I (City, state, Zip) .......................................................... VII Cover Sheet Page # 2 of 2 Book:4351,Page:705 (Page 3 of 12) t, . 1 Prepared by: McClure Callaghan, PLC 415 01 Slreat NE Charlottesville, Virginia 22902 Tax Map and Parcel Numbers 03200 -00- 00.01700 & 03200- 00- 00 -017AL '['his deed is exempt from taxation under Virginia Code §§ 58.1- 811(A)(3) and 58.1- 811(Cx4). 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: That certain real property shown and designated as a " 20' Width Public Drainage Easement" to be dedicated to public use, shown on the plat of Commonwealth Land Surveng. LLC. dated August 24, 2011, 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 p Book:4351,Page:705 1 (Page 4 of 12) 1, %, 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 Casement (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 provided under Chapter 18, Subdivisions, of the Albemarle County Code. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 2 Book:4351,Page:705 (Page 5 of 12) I, t. 1. Right to construct, reconstruct, install, maintain, repair. change, alter and replace the Im rovements. The Grantee shall have the right to construct and install Improvements in the future it deems necessary and appropriate. The Grantee also shall have the right to reconstruct, install, maintain, repair, change, alter, and replace existing and future Improvements (hereinafter collectively referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting stormwater and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. Nothing herein shall excuse the Grantors from their obligation to establish the Improvements as required under Chapter I$, 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. Right 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 backfilling of trenches, the replacement of fences and shrubbery, the 3 Book:4351,Page:705 (Page 6 of 12) I, 1� 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, snowing and manicuring lawns and groundeovers, 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. Book:4351,Page:705 (Page 7 of 12) 8. Restrictions. 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 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. 9. Grantee's right 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 Book:4351,Page:705 (Page 8 of 12) WITNESS the following signatures. GRANTORS: GOLD LEAF LAND TRUST NO By:,. Wendell W. Wood, Trustee COMMONWEALTH OF V R��[Tj';INIA CITY /COUNTY OFl`ZllV�,fi� The foregoing instrument was acknowledged before me this o- day of 2013 by Wendell W. Wood,, /Trustee of the Gold Leaf Land Trust No. 3. My commission expires:. A�vdq 1-j Notary Public Book:4351,Page:705 Ci3 Registration No. CCAARO N MOVERFLOICHER NOTARY PUBLIC A q CHRIg p " " ip RE6IETRATION N 727 7270351 COMMONWEWH Of V126961% qlp tGy�: • • J @ORgT� oT ;• MY COMMISSION EXPIRES pESRUARY2S,2017 r'Z �,v0 OF THE Oy * CORPORATION OF THE PRESIDING BISHO OF M h S ��� r THE CHURCH OF JESUS CHRIST OF LATTER - r i �A Q •ad e DAY SA TS, a Utah Corporation sole ti `AS • S:� /NG�� • Sao' gq • • By: 6 do * s y��f� STATE OF CITY /COUNTY OF ez4 Lam" The foregoing instrument was acknowledged before me this day of MAY , 2013 byTER(ly F. Rot& AUTHORIZEDAOENTof Corporation of the Presidin of The Church of Jesus Christ of Latter -Day Saints, .4 vre)4 eortpaK47'tojr yatr. My commission expires: bb 19 2b(6 _ A�4 Notary Public D. TODD EVANS Registration No. 657751 NOTARY PUBUC• STATE OFUTAH �1i�ltY My Comm. Exp. 09/0612016 Commission # 657751 Book:4351,Page:705 (Page 9 of 12) GRANTEE: COUNTY OF ALBEMARLE, VIRGINLI �" T" e THOMAS C. FOLEY COUNTY EXECUTIVE Ap roved as to form: nt tto ne COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this may of 2013 by Thomas C. Foley on behalf of the County of Albemarle, Virginia, 4antee. My commission expires. 30 d')13 Notary Public —� ``\������� a * M Ij , "I�' // Registration No. a6�g9 sp � NpiARy <'�� *' PUBOO 7 Book:4351,Page:705 (Page 10 of 12) Z e. door Y•351 'Y-- 7� m s f < c r'11 I a z o�W 0 Wi $:ED T -{ cn coz {m g C G7rn 11 N �HOUR <m° (n DI -I-1 48 omz z 4U .2 N u Pam kQ y i ��HJnCN� yyyy qy 1`. C•vEXI 0 R n9.o'.w i} tt PpPp S Rq i'• N :oa ¢Y9 �ro•r�ti >�r'i g R9 T " 11 1 Rim, Hook:4351,Page:705 S MINOR m 444 ............. T " 11 1 Rim, Hook:4351,Page:705 (Page 11 of 12) 0 eeJ 3oa4 14BS"l Pr. -715 n x 3 -4 z y� p3 naN 1-1 ° w Hill'r -n �mooN ta"� ro < O L z v I w <Dn N ,mr -a it u .G' ° 3 p m 8 El i z a a W N�� ..i ��•b � '" but � T• N F�•na a 1 1 R 8 I p� 11yp% 1C' r•� � N � 4 •�Y�rr to n .werar w foam. a g s 7vee'et w aoxnr 65• R/W TIMBER WO or im A I I e NOW A 150.36- I �w MU ORE,�; Jjlj V N r .19 y1.Ma� 6 N z nt • R G Book:4351,Page:705 (Page 12 of 12) RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON May 20,2013 AT 3:27:21 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE 158.1.802 STATE: $0.00 LOCAL: $0.00 ALBEMARLEC UN ,VA DE RAM. S Book:4351,Page:705