HomeMy WebLinkAboutSUB200900015 Legacy Document 2009-10-28Drainage Deed of Easement Review
TO: 6c k I V +Gi 1�C� G:
RE: SUB / MOTHER JC i 2=00q ' 1 S
The deed of easement:
—Zis approved as to form and has been signed by the County representatives (when submitted deed has been
signed by the grantor).
can be approved as to form once it is signed by the grantor (when submitted deed has not yet been signed
by the grantor).
can be approved as to form once minor corrections are made to the deed and the revised deed is signed by
the grantor (when submitted deed has not yet been signed by the grantor).
can not be approved because:
1. The deed was not properly signed by the grantor(s).
2. The deed was not properly notarized:
_ Because the notary's registration number was omitted.
Because the notary's seal was omitted.
_ Other.
3. The legal description in the deed does not match the easement's description on the plat.
4. The deed is not accompanied by a plat.
5. The deed is not based on a template approved by the County Attorney's Office.
6. Other:
See the comments on page(s)
Comments and /or required corrections:
of the draft deed.
Date: ID /6!5
Gre Vty pier
Dep u ty torney
COUNTY OF ALBEMARLE
Department.-Community Development
Zoning & =Current Development
401 McIntire Road, Room 227 - Charlottesville, Virginia 22902 -4596
`IRGLNIP Phone: (434).296 -5823 -- Fax: (434) 972 -4035
Transmittal
'11/11'rom: Elizabeth Marotta Date: 09/21/09 1
To: OGreg Kamptner - Assistant County Attorney
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JOB #/FILE NAME: SUB- 2009 -15 Woodbrook Station / Parkside LLC
We are sending you the-following items: ® Attached or ❑ Under separate cover
❑ Copy of Letter ❑ Prints ❑ Plans
® Plats ❑ Specifications ® Other Deed of Easement
# of-Copies
Date
Description
1
9/16/09
deed of easement
1
9/18/09
plat (3 sheets)
These are transmitted as checked below:
71 'For review and comments 7 For approval ❑ Other
Remarks: -Greg,
The attached deed (and plat -for your reference) are ready-for signature. Please make-sure everything is
ok with it :and forward to Bob Tucker for signature. (You reviewed this deed draft back in April and
approved it with the condition that one typo be corrected.)
Comments are due in•Citv'View or email by:
Elizabeth Marotta
COUNTY OF ALBEMARLE
D SEP 2.1 2009
ATTORNEY'S OFFICE
This document was prepared by:
Albemarle County Attorney
County of Albermarle
401 McIntire Road
Charlottesville, Virginia 22902
T. M. #04500- 00- 00 -094A1
This deed is exempt from taxation under Virginia Code §§ 58.1- 811(A)(3) & (C)(4)
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this 16th day of September, 2009 by and between
PARKSIDE I, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.
WITNESSETH:
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 a "NEW STORM DRAINAGE EASEMENT
HEREBY DEDICATED TO PUBLIC USE" to be dedicated to public use, shown on the plat
entitled `SUBDIVISION PLAT SHOWING OUTLOTS "D -1" AND "D -2" BEING A
DIVISION OF OUTLOT "D" LOCATED ON BERKMAR DRIVE RIO MAGISTERIAL
DISTRICT ALBEMARLE COUNTY, VIRGINIA' dated December 8, 2008, by Thomas
B. Lincoln Land Surveyor, Inc., consisting of three (3) sheets, a copy of 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, the Property is described further as a portion of that certain lot or parcel of land
situated in the Rio Magisterial District of the County of Albemarle, Virginia, on the east side of
Berkmar Drive, shown as Outlot "D ", on a plat by Thomas B. Lincoln Land Surveyor Inc., dated
October 26, 2004, last revised March 25, 2004 and recorded in the Clerk's Office of the Circuit Court
of the County of Albemarle, Virginia, in Deed Book 3116, page 306; and being the same property
conveyed to Grantor by deed from First Interstate Charlottesville Limited Partnership, an Ohio
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limited partnership, dated September 15, 2005, and recorded in the aforesaid Clerk's Office in Deed
Book 3116, page 310; 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 the Easement
for public use in accordance with this Deed of Easement, including all storm water 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 Grantor 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 Grantor 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
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 Grantors do 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 and install Improvements in the future it
deems necessary and appropriate. The Grantee also shall have the right to reconstruct, install,
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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 storm water and transmitting it through and across the Subdivision, protecting property
from flooding, protecting water quality, and otherwise controlling storm water runoff. Nothing
herein shall excuse the Grantor from its obligation to establish the Improvements as required under
Chapter 18, Subdivision, of the Albemarle County Code.
2. Ownership of the Improvements. All Improvements within the Easement, whether they were
constructed or installed by the Grantor, 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 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
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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 Grantor to maintain the Easement premises. The Grantor 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 Grantor 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.
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
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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. Bindin 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 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 of the
Board of Supervisors of Albemarle County, 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.
WITNESS the following signatures.
PARKSIDE I, LLC, Grantor
By. C® — —
George W. Ray, Jr., Manager
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this 16" day of September,
2009, by George W. Ray, Jr., as Manager of Parkside I, LLC, on its behalf.
JOAN B. HACKETT -SCOTT
Notary Registration No. 7029356
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
My Commission Expires: April 30, 20.10
Notary Public
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COUNTY OF ALBEMARLE, VIRGINIA, Grantee
Approved as to form:
Couriy� irn y
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this �Oday of 6 er ,
2009 by Robert w. Tucker, Jr, as County Executive of the County of Albemarle, Virginia, on its
behalf.
My Commission expires: kvgj- ��, �bl = �' AOTAR)' '•:N
My Registration No. is: 07� 99 `f = �' Pu6LIG
A
Notary Public
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