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HomeMy WebLinkAboutSUB201400088 Review Comments Miscellaneous Submittal 2014-09-22Community Develoment_Document Review County Attorney's Office r PROJECT NUMBER: SO (� 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 Other1�K4�'Pl 7 isoc u - t: approved is conditionally approved-with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements 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. Date: Gre I a In I 41 er Dep , ney Community Development Document Review County Attorney's Office PROJECT NUMBER: `[ —Orb,& ucwede-re Rw�g- 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 is conditionally approved-with minor edits shown on the attached or noted in the I comment below Zis is conditionally approved and ready to be circulated for signatures and acknowledgements conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements 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: See- ec t3 4 rN I Gti tCl �• ET100 FARM 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. a--n Date: -1 /0 7 / 51 Gre a tner Dep ty un li rney This document was prepared by: Tax Map and Parcel Number Tax ID: 06200 -00 -00 -00500 This deed is exempt from taxation under Virginia Code § 58.1- 811(A)(3). DEED OF EASEMENT THIS DEED OF EASEMENT is made this _ day of , 2014, by and among BELVEDERE IIA, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, 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 "20' Public Drainage Easement" to be dedicated to public use, shown on page 4 and 5 of the plat of Dominion Engineering, entitled "Wivision Plat -vf- Belvedere Phase IIA -1, TMP 62 -5, Rio District, Albemarle County, V4grmia," dated August 9, 2013, last revised August 19, 2014, a copy of which VZ 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, the Property is described further as a portion of that certain lot or parcel of land situated in the Belvedere Subdivision of the County of Albemarle, Virginia, designated on the Plat as TMP 62 -5, and being a portion of the same property conveyed to the Grantor by deed recorded in said Clerk's Office in Deed Book 4397, Page 72; and WHEREAS, it is the desire and intent of the Grantor 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 Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes, and other improvements and appurtenances within 1 the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. 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 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting - - - storm water and transmitting it through and - across -the Subdivision, 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 installed by 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 Grantor adjacent to the Easement between any public or private 2 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 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. W h 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises located on its parcel, including the removal of trash and landscaping debris, mowing, and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that is 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 lots on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace 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 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 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 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 Grantor, the Grantee, and 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. El I 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. [SIGNATURES ARE ON THE FOLLOWING PAGES] E WITNESS the following signatures. GRANTOR: BELVEDERE IIA, LLC a Virginia limited liability company By: Darby Holdings, Inc., a Virginia corporation, its manager By: Robert M. Hauser, President COMMONWEALTH OF VIRIGNIA; City /County of The foregoing instrument was acknowledged before me this _ day of , 2014, by Robert M. Hauser, President of Darby Holdings, Inc., as manager of Belvedere IIA, LLC, a Virginia limited liability company, on behalf of Belvedere II -A, LLC. My commission expires: Notary Public My registration number: C GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA C' F-zo Ic, County rx ecutive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of , 2014, by , County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My commission expires: Approved as to form: County Attorney Notary Public My registration number: 7 Community Development Document Review County Attorney's Office TO:� V �� ---7 PROJECT NUMBER: SUo &I 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 • II __L '_ The document: 1 �s approved (posy; b le -1 po om 9. 2 J is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements 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) 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. 6k, [,�� �-- Gre � ptn r De tj C u r torney Date: 0 ?f " �4 t t �f TNT 06200 -00 -00 -00500 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE Phase IL4-1 (Residential) THIS SUPPLEMENTAL DECLARATION is made this day of August, 2014, by BELVEDERE IIA, LLC, a Virginia limited liability company (the "Declarant "). Recitals: A. Declarant owns that certain parcel of real property consisting of 15.123 acres, more or less ( "Phase IIA "), as more particularly shown on plat entitled "Boundary Line Adjustment TMP 61 -160, 62 -3 & 62 -5 Rio District, Albemarle County, VA," dated May 22, 2013, last revised June 21, 2013, and prepared by Kristopher C. Winters, L.S., Dominion Engineering, a copy of which is found of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4378, page 78. B. The Trustees of the Belvedere Station Land Trust (the "original Declarant ") heretofore executed the Belvedere Declaration of Covenants and Restrictions, dated January 25, 2008, recorded January 29, 2008, in the Clerk's Office in Deed Book 3545, page 1, as amended by various supplemental declarations heretofore recorded in the Clerk's Office (collectively, the "Belvedere Declaration"). The Trustees reserved, for themselves and their affiliates, the right to subject additional properties to the Declaration with such complementary additions and/or modifications of the covenants and restrictions contained in the Declaration as may be necessary or convenient, in the sole judgment of Declarant. Prepared by Robert J. Kroner (VSB #18682), 418 E. Water Street, Charlottesville, VA 22902. C. The Trustees of the Belvedere Station Land Trust assigned to Belvedere IIA, LLC, an affiliate, all of its rights as Declarant under the Declaration with respect to e Phase IIA pursuant to that certain deed dated August 9, 2013, recorded in the Clerk's Office in Deed Book 4397, page 72. D. Declarant wishes to subject to -the Belvedere Declaration certain portions of Phase IIA containing 6.023 acres, more or less, as more particularly shown on the plat entitled "Subdivision Plat Belvedere Phase IIA -1 TMP 62 -5 Rio District, Albemarle County, VA," dated August 9, 2013, last revised August 19, 2014, and prepared by Dominion Engineering, a copy of which is attached hereto and incorporated by this reference (the "Plat "). Specifically, Declarant is subjecting 22 Lots, containing in the aggregate 2.793 acres, more or less; public rights of way, containing in the aggregate 1.372 acre, more or less; private rights of way, containing in the aggregate 0.142 acre, more or less; and Open Space, containing in the aggregate 1.716 acre, more or less (collectively, the "Property "). NOW, THEREFORE, pursuant to the authority reserved by the original Declarant in Article II, Section 2, of the Belvedere Declaration, the Declarant declares that the Property is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Belvedere Declaration and all amendments and modifications to the Belvedere Declaration, including without limitation the provisions set forth in this Supplemental Declaration. All capitalized terms. not otherwise defined in this 2' Supplemental Declaration shall have the meanings given such terms in the Belvedere Declaration. 1. Residential Lot. Each of the lots shown on the Plat as Lots 146 through 159, inclusive, and Lots 182 through 189, inclusive, is hereby designated as a "Residential Lot" as such term is defined in the Belvedere Declaration. 2. Type "A" Voting Member. The Owner of each Lots 146 through 159, inclusive, and Lots 182 through 189, inclusive, shall be a Type "A" Voting Member as such term is defined in the Belvedere Declaration, and, subject to the provisions for voting by joint owners set forth in Article III, Section 3, of the Belvedere Declaration, shall be entitled to one (1) vote for each Residential Lot in which the Owner holds the interest required for Membership. Notwithstanding the foregoing, for so long as the Declarant owns any of the Lots described in this Supplemental Declaration, the Declarant shall be a Type "D" Voting Member and shall be entitled to the voting rights assigned to the Type "D" Voting Member. 3. Phase HA Common Area. The areas shown on Sheet 4 of the Plat as "Open Space 1.191 A," the areas shown on Sheets 4 and 5 of the Plat as "Dabney Park 0.525 AC," and the areas shown on Sheet 6 of the Plat as "Variable Width Drainage and Storm Water Management Easement," "10' Trail and SWM Access Easement" and "5' Trail and SWM Access Easement" are hereby designated as Common Areas as such term is defined in the Belvedere Declaration. The area shown on the Plat as "Spears Alley 20' Private R1W" is hereby designated as a Private Alley and, as such, shall be maintained according to the standards set forth in Article IV, Section 3(b), of the Declaration. Notwithstanding the 3 foregoing, only the Owners of Lots 146 -159, Phase IIA, and their respective tenants, guests, employees, and invitees, shall be entitled to use and enjoy the vehicular and pedestrian facilities located within the area designated as the "Spears Alley." The Association shall be responsible for maintaining the Phase IIA Common Areas according to the standards set forth in Article IV, Section 3, of the Belvedere Declaration, including, without limitation, maintenance and repair of the Private Alleys and and snow removal from the Private Alleys. 4. Access Easement. The Owners of Lots 149 -159 and Lots 182 -189, Phase IIA, and their respective employees, guests, and invitees, shall be entitled to the same easement for enjoyment in the Common Areas and Open Space as the other Members of the Association. WITNESS the following duly authorized signature and seal. BELVEDERE IIA, LLC By: Darby Holdings, Inc., Manager By: (SEAL) Robert M. Hauser, President COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing instrument was acknowledged before me this _ day of , 2014, by Robert M. Hauser, President of Darby Holdings, Inc., a Virginia corporation, as Manager of Belvedere IIA, LLC, a Virginia limited liability company, on behalf of the company. Notary Public Certificate number: My commission expires: 4